Law Commons^™

The Next Thirty Years: Developments In Mandamus Jurisprudence In The Last Thirty Years And Why The General Rule That Mandamus Is Unavailable To Review The Denial Of Summary Judgment Is Inconsistent With Modern Mandamus Jurisprudence Under The In Re Prudential Balancing Test, Timothy Delabar

St. Mary's Law Journal

No abstract provided.

Pro Se Litigants In The U.S. Supreme Court: How Do They Fare?, Kyle Persaud

St. Mary's Law Journal

No abstract provided.

Fording The Stream Of Commerce: What Relatedness Tells Us About Stream Of Commerce Cases, Eric Porterfield

St. Mary's Law Journal

The limit personal jurisdiction has on a court’s authority has long relied on a three-element test: (1) the defendant must have certain minimum contacts with the forum state, (2) the lawsuit must arise out of or be connected to the defendant’s contacts with the forum state, and (3) the exercise of jurisdiction must not offend “traditional notions of fair play and substantial justice.” The Supreme Court of the United States has spoken often about element one—”“minimum contacts.” Many cases detail the nature and quality of a defendant’s conduct that can create the requisite contacts with the forum state to justify …

Does The Prohibition Of Counter-Supersedeas Against The State Prohibit Any Action With The Same Result?—A Look At In Re Texas Education Agency, Heather C. Montoya

St. Mary's Law Journal

No abstract provided.

Jurisdictional And Procedural Aspects Of Securing Judgments Against Parties Secondarily Liable - A Proposal For Reform., Gershon D. Cohen

St. Mary's Law Journal

Abstract Forthcoming.

Federal Courts: Review Of The Remand Order., Stephen V. Rible

St. Mary's Law Journal

Abstract Forthcoming.

Death Prone Jurors: The Disintegration Of The Witherspoon Rule In Texas., Mary Elizabeth Carmody

St. Mary's Law Journal

Abstract Forthcoming.

Rethinking The Process Of Service Of Process, Mary K. Bonilla

St. Mary's Law Journal

Even as technology evolves, the Federal Rules of Civil Procedure, specifically Federal Rule 4, remains stagnate without a mechanism directly providing for electronic service of process in federal courts. Rule 4(e)(1) allows service through the use of state law—consequently permitting any state-approved electronic service methods—so long as the federal court where proceedings will occur, or the place where service is made, is located within the state supplying the law. Accordingly, this Comment explains that Rule 4 indirectly permits electronic service of process in some states, but not others, despite all 50 states utilizing the same federal court system. With states …

Targeting The Texas Citizen Participation Act: The 2019 Texas Legislature's Amendments To A Most Consequential Law, Amy Bresnen, Lisa Kaufman, Steve Bresnen

St. Mary's Law Journal

Few Texas laws enacted in recent decades have had a greater impact on civil litigation or been more litigated than the Texas Citizen’s Participation Act (“TCPA”) passed in 2011. Despite its stated purpose of protecting First Amendment rights, as written, the TCPA’s seemingly limitless application confounded judges and litigants alike, causing the 86th Legislature in 2019 to pass sweeping changes to that law. The Article describes the original statute’s problematic nature, the caselaw interpreting it, and the recent changes’ legislative history and substance. The authors highlight contributions of key legislators and stakeholders. The Article’s extensive treatment of changes to key …

Superseding Money Judgments In Texas: Four Proposed Reforms To Help The Business Litigant And To Further Improve The Texas Civil Justice System, James Holmes

St. Mary's Law Journal

Abstract forthcoming.

The Practitioner’S Guide To Properly Responding To Requests For Disclosure Under The Texas Discovery Rules, Robert K. Wise, Kennon L. Wooten

St. Mary's Law Journal

Discovery, a pretrial procedure used to obtain information relating to the litigation, generally is the largest cost of civil litigation. By its very nature, discovery also is intrusive and invasive. Many practitioners are quick to dispute discovery requests, slow to produce information requested, and all too-eager to object at every stage of the discovery process.

This article relates to one of the most common types of written discovery—Texas Rule of Civil Procedure 194 disclosure requests, the responses to which are often incomplete and inadequate. Disclosure requests provide inexpensive, basic discovery without the delay relating to objections or work-product assertions. This …

A Status Update For Texas Voir Dire: Advocating For Pre-Trial Internet Investigation Of Prospective Jurors, Luke A. Harle

St. Mary's Law Journal

The Internet provides trial attorneys an additional tool to investigate the backgrounds of prospective jurors during voir dire. Online searches of a person’s name and social media accounts can reveal information that could be used as grounds for a challenge for cause or to facilitate intelligent use of peremptory strikes. Texas lawmakers have not yet provided any official guidance as to whether attorneys can investigate prospective jurors online or how they might do so, should it be allowed. Texas’s current voir dire structure, judicial opinions, and ethics opinions, together, support the notion that Texas trial attorneys should be given opportunities …

Hearsay In The Smiley Face: Analyzing The Use Of Emojis As Evidence, Erin Janssen

St. Mary's Law Journal

Abstract forthcoming

Network Investigation Techniques: Government Hacking And The Need For Adjustment In The Third-Party Doctrine, Eduardo R. Mendoza

St. Mary's Law Journal

Modern society is largely dependent on technology, and legal discovery is no longer limited to hard-copy, tangible documents. The clash of technology and the law is an exciting, yet dangerous phenomena; dangerous because our justice system desperately needs technological progress. The clash between scientific advancement and the search for truth has recently taken an interesting form—government hacking. The United States Government has increasingly used Network Investigation Techniques (NITs) to target suspects in criminal investigations. NITs operate by identifying suspects who have taken affirmative steps to conceal their identity while browsing the Internet. The hacking technique has become especially useful to …

A Non-Resident Defendant Is Subject To A Multistate Libel Suit In Any Jurisdiction Where Minimum Contacts Are Established Between The Defendant And The Forum State., Jeffrey C. Manske

St. Mary's Law Journal

Abstract Forthcoming.

Fundamental Defect In Appellate Review Of Error In The Texas Jury Charge Procedure Forum., Michael J. Mccormick, John A. Convery, Linda Icenhauer-Ramirez

St. Mary's Law Journal

Abstract Forthcoming.

Sanctions For Discovery Abuse Under New Rule 215 Procedure Forum., William W. Kilgarlin, Don Jackson

St. Mary's Law Journal

Abstract Forthcoming.

1984 Amendments To The Texas Rules Of Civil Procedure Affecting Discovery Procedure Forum., Charles W. Barrow, Jay H. Henderson

St. Mary's Law Journal

Abstract Forthcoming.

New Texas Venue Statute: Legislative History Procedure Forum., Dan R. Price

St. Mary's Law Journal

Abstract Forthcoming.

The Rules Of Civil Procedure: 1981 Changes In Pre-Trial Discovery 1981 Rules Of Civil Procedure: Content And Comments., Franklin Spears

St. Mary's Law Journal

Abstract Forthcoming.

Judicial Recusal: Rule 18a - Substance Or Procedure 1981 Rules Of Civil Procedure: Content And Comments., Sam Sparks

St. Mary's Law Journal

Abstract Forthcoming.

Introduction 1981 Rules Of Civil Procedure: Content And Comments - Introduction., Orville C. Walker

St. Mary's Law Journal

Abstract Forthcoming.

Appellate Procedure Reform 1981 Rules Of Civil Procedure: Content And Comments., Charles W. Barrow

St. Mary's Law Journal

Abstract Forthcoming.

Other Significant Changes In The Appellate Rules 1981 Rules Of Civil Procedure: Content And Comments., Clarence A. Guittard

St. Mary's Law Journal

Abstract Forthcoming.

Distress Warrant And Trial Of Right Of Property Under The 1981 Texas Rules 1981 Rules Of Civil Procedure: Content And Comments., Luther H. Soules Iii, Mary M. Potter

St. Mary's Law Journal

Abstract Forthcoming.

Due Process Requires Notice Before Individual Monetary Claims Of Absent Class Members Are Barred By Res Judicata., Teresa Agnes Hunter

St. Mary's Law Journal

Abstract Forthcoming.

Settlement Strategy, Evaluation, And Brochures Lawyer's Forum - Settlements - New Perspectives., James L. Branton

St. Mary's Law Journal

Abstract Forthcoming.

Procedural Aspects Of Settlement: An Overview Of Texas Law Lawyer's Forum - Settlements - New Perspectives., J. Hadley Edgar

St. Mary's Law Journal

Abstract Forthcoming.

Reasonable Diligence By A Judgment Creditor To Discover A Debtor's Fraudulent Concealment Of Assets Avoids Limitations Governing Issuance Of Executions And Revival Of Judgments., J. Randall Grimes

St. Mary's Law Journal

Abstract Forthcoming.

The Younger Abstention Doctrine: Primary State Jurisdiction Over Law Enforcement., David A. Dittfurth

St. Mary's Law Journal

Abstract Forthcoming.