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Articles 1 - 27 of 27
Full-Text Articles in Law
Justifying The Supreme Court’S Standards Of Review, R. Randall Kelso
Justifying The Supreme Court’S Standards Of Review, R. Randall Kelso
St. Mary's Law Journal
Abstract forthcoming.
Bolstering Juliana: Enforceability Of Environmental Claims Through International Treaty Obligations In U.S. Courts, Lindsey Laielli
Bolstering Juliana: Enforceability Of Environmental Claims Through International Treaty Obligations In U.S. Courts, Lindsey Laielli
St. Mary's Law Journal
Abstract forthcoming.
The Thirteenth Amendment And One Hundred And Fifty Years Of Struggle To Criminalize Slavery: A First Amendment Challenge To The Forced Labor Act (18 U.S.C. § 1589), Niles Stefan Illich
The Thirteenth Amendment And One Hundred And Fifty Years Of Struggle To Criminalize Slavery: A First Amendment Challenge To The Forced Labor Act (18 U.S.C. § 1589), Niles Stefan Illich
St. Mary's Law Journal
Abstract forthcoming.
Municipal Optimization Of Short-Term Rental Regulations: The Reality Of Airbnb In South Texas Communities, Kenneth M. Culbreth Iii
Municipal Optimization Of Short-Term Rental Regulations: The Reality Of Airbnb In South Texas Communities, Kenneth M. Culbreth Iii
St. Mary's Law Journal
Abstract forthcoming.
The Dangers Of Doxing And Swatting: Why Texas Should Criminalize These Malicious Forms Of Cyberharassment, Hannah Mery
The Dangers Of Doxing And Swatting: Why Texas Should Criminalize These Malicious Forms Of Cyberharassment, Hannah Mery
St. Mary's Law Journal
Abstract forthcoming.
Alexa Hears With Her Little Ears—But Does She Have The Privilege?, Lauren Chlouber Howell
Alexa Hears With Her Little Ears—But Does She Have The Privilege?, Lauren Chlouber Howell
St. Mary's Law Journal
Abstract forthcoming.
Judicial Deference Of The Board Of Immigration Appeals’ Regulatory Interpretations In Light Of Kisor V. Wilkie, Melissa Fullmer
Judicial Deference Of The Board Of Immigration Appeals’ Regulatory Interpretations In Light Of Kisor V. Wilkie, Melissa Fullmer
St. Mary's Law Journal
Abstract forthcoming.
There Is Only One Texas Constitution, Joshua Morrow
There Is Only One Texas Constitution, Joshua Morrow
St. Mary's Law Journal
The pre-ratification text of the Texas Constitution appeared throughout the state in conflicting English-and foreign-language copies. Some commentators argue that it is impossible to know which copy the people ratified, or even that Texas does not have a constitution. These arguments create theoretical problems, because courts interpreting the constitution assume that it consists of fixed and determinable text. And the principle of popular sovereignty precludes denying that the constitution exists. The conflicting copies also create practical problems. Are the legislature’s acts void for failing to include a Spanish-language enacting clause? May the state imprison citizens for debt, since the German …
Tribute To Professor Bonita K. Roberts, David A. Schlueter
Tribute To Professor Bonita K. Roberts, David A. Schlueter
St. Mary's Law Journal
A tribute to St. Mary's University School of Law Professor Bonita K. Roberts.
The Ratio Method: Addressing Complex Tort Liability In The Fourth Industrial Revolution, Harrison C. Margolin, Grant H. Frazier
The Ratio Method: Addressing Complex Tort Liability In The Fourth Industrial Revolution, Harrison C. Margolin, Grant H. Frazier
St. Mary's Law Journal
Emerging technologies of the Fourth Industrial Revolution show fundamental promise for improving productivity and quality of life, though their misuse may also cause significant social disruption. For example, while artificial intelligence will be used to accelerate society’s processes, it may also displace millions of workers and arm cybercriminals with increasingly powerful hacking capabilities. Similarly, human gene editing shows promise for curing numerous diseases, but also raises significant concerns about adverse health consequences related to the corruption of human and pathogenic genomes.
In most instances, only specialists understand the growing intricacies of these novel technologies. As the complexity and speed of …
Professor Bonita K. Roberts—A Colleague And A “Conscience”, Victoria Mather
Professor Bonita K. Roberts—A Colleague And A “Conscience”, Victoria Mather
St. Mary's Law Journal
A tribute to Bonita K. Roberts, a professor at St. Mary's University School of Law.
In Honor Of Professor Bonita K. Roberts, Linda L. Schlueter, Faye M. Bracey
In Honor Of Professor Bonita K. Roberts, Linda L. Schlueter, Faye M. Bracey
St. Mary's Law Journal
A tribute to Professor Bonita K. Roberts of St. Mary's University School of Law.
Police Use Of Force Laws In Texas, Gerald S. Reamey
Police Use Of Force Laws In Texas, Gerald S. Reamey
St. Mary's Law Journal
Abstract forthcoming.
A “License To Kale”—Free Speech Challenges To Occupational Licensing Of Nutrition And Dietetics, Taylor J. Newman, Angela E. Surrett
A “License To Kale”—Free Speech Challenges To Occupational Licensing Of Nutrition And Dietetics, Taylor J. Newman, Angela E. Surrett
St. Mary's Law Journal
State licensing of medical professions has occurred for over a century. Recently, these licensure statutes have been subject to First Amendment challenges, alleging occupational licensure impermissibly restricts freedom of speech. This Comment addresses these free speech challenges, arguing occupational licensure statutes, at least for medical professions, only incidentally impacts free speech—if at all—by permissibly regulating medical professional conduct necessarily requiring speech. Within, the authors ultimately describe, demonstrate, and recommend a legal framework, the other factor/personal nexus approach. This approach helps determine the point at which speech becomes regulable professional conduct subject to licensing, utilizing the nutrition and dietetics profession, and …
The Error Of The Paquete Habana: U.S. Naval Forces In The Safe Harbor Of Commander-In-Chief Discretion And The Law Of War, T. Nelson Collier
The Error Of The Paquete Habana: U.S. Naval Forces In The Safe Harbor Of Commander-In-Chief Discretion And The Law Of War, T. Nelson Collier
St. Mary's Law Journal
Abstract forthcoming.
With Actual Knowledge Comes Lack Of Materiality: Offering A Reasonable Bright-Line Rule For The Escobar Materiality Standard, Nicholas B. Goddard
With Actual Knowledge Comes Lack Of Materiality: Offering A Reasonable Bright-Line Rule For The Escobar Materiality Standard, Nicholas B. Goddard
St. Mary's Law Journal
Abstract forthcoming.
Campus Free Speech In The Mirror Of Rising Anti-Semitism, Harry G. Hutchison
Campus Free Speech In The Mirror Of Rising Anti-Semitism, Harry G. Hutchison
St. Mary's Law Journal
Abstract forthcoming.
Appraising Problems, Not Stuff, Chad J. Pomeroy
Appraising Problems, Not Stuff, Chad J. Pomeroy
St. Mary's Law Journal
Abstract forthcoming.
“Lawyers’ Work”: Does The Court Have A Legitimacy Crisis?, Lackland Bloom
“Lawyers’ Work”: Does The Court Have A Legitimacy Crisis?, Lackland Bloom
St. Mary's Law Journal
Talk of the Supreme Court’s legitimacy is pervasive. It can’t be avoided by anyone paying attention. The question this article addresses is does the Supreme Court have a legitimacy crisis. The title “Lawyers’ Work” is taken from Justice Scalia’s dissenting opinion in Planned Parenthood v. Casey in which he declared that as long as the Court decides cases by engaging in “Lawyers’ Work” the public will leave it alone. This article concludes that Justice Scalia was partially though not entirely correct.
The article begins by considering the concept of judicial legitimacy as developed and studied by political scientists. Next it …
Gundy V. United States: How Justice Gorsuch’S Dissent And Changing Judicial Philosophy In Federal Courts May Lead To A Revived Nondelegation Doctrine And Diminish The Purpose Of The Administrative Procedure Act, Zachary Pfrang Olvera
St. Mary's Law Journal
Abstract forthcoming.
Texas: A Weak Governor State, Or Is It?, Ron Beal
Texas: A Weak Governor State, Or Is It?, Ron Beal
St. Mary's Law Journal
The current Texas Constitution was adopted in 1876 and was written after the Civil War and the Reconstruction Period when Federal troops occupied the State. The general perception is that the Federal troops used the Governor, in essence, to impose a form of dictatorship over the people. It was clearly the intent of the new constitution’s framers to create a very weak governor form of government in order to spread its powers to many independently elected officials. It provided that the state officers who were appointed by the Governor and approved by the Senate were semi-independent from the Governor by …
Ezra, Rehnquist, And St. Mary’S University, Lance Kimbro
Ezra, Rehnquist, And St. Mary’S University, Lance Kimbro
St. Mary's Law Journal
Abstract forthcoming.
The Case For The Rodeo: An Analysis Of The Houston Livestock Show And Rodeo’S Inverse Condemnation Case Against The City Of Houston, Emilio R. Longoria
The Case For The Rodeo: An Analysis Of The Houston Livestock Show And Rodeo’S Inverse Condemnation Case Against The City Of Houston, Emilio R. Longoria
St. Mary's Law Journal
On March 11, 2020, Mayor of Houston, Sylvester Turner, (the Mayor) forced the Houston Livestock Show and Rodeo to close in order to slow the transmission rate of COVID-19 (coronavirus disease 2019). This use of the Mayor’s police powers caused a severe economic disruption, which the Rodeo is still recovering from today. This Article makes the case that the City’s forced closure of the Rodeo was a compensable taking under the Fifth Amendment to the U.S. Constitution and Article 1, Section 17 of the Texas Constitution—regardless of the fact the City acted pursuant to its police powers. Such a finding …
Bitcoin Searches And Preserving The Third-Party Doctrine, Christine A. Cortez
Bitcoin Searches And Preserving The Third-Party Doctrine, Christine A. Cortez
St. Mary's Law Journal
Abstract forthcoming.
The Militia: A Definition And Litmus Test, Marcus Armstrong
The Militia: A Definition And Litmus Test, Marcus Armstrong
St. Mary's Law Journal
The United States Supreme Court, in its decision in Perpich v. Department of Defense, ruled that members of the National Guard are “troops” as that word is used in the Constitution. In doing so, the Court negated a long-standing, but obsolete, definition of the militia. However, this move away from an obsolete definition of the militia posed considerable difficulties that the Court was unable to rectify in its Perpich decision. In this Article, the author hopes to help rectify these difficulties by proposing four necessary characteristics that define the militia: first, the militia is a military force; second, the …
“We” The Jury: The Problem Of Peremptory Strikes As Illustrated By Flowers V. Mississippi, Kayley A. Viteo
“We” The Jury: The Problem Of Peremptory Strikes As Illustrated By Flowers V. Mississippi, Kayley A. Viteo
St. Mary's Law Journal
Abstract forthcoming.
The Bumble Bill: A Critical Analysis On Texas’S New Law Taking Indecent Exposure Regulations Online, Ashley B. Huron
The Bumble Bill: A Critical Analysis On Texas’S New Law Taking Indecent Exposure Regulations Online, Ashley B. Huron
St. Mary's Law Journal
Abstract forthcoming.