Law Commons^™

To Write Or Not To Write: The Ethics Of Judicial Writings And Publishing, Nick Badgerow, Michael Hoeflich, Sarah Schmitz

St. Mary's Journal on Legal Malpractice & Ethics

Judges are bound by the Model Code of Judicial Conduct promulgated by the American Bar Association and adopted most states, including the federal judiciary. Within these rules governing judicial conduct, Judges owe duties to the public and to their calling, to be (and appear to be) objective, fair, judicious, and independent. When judges venture into the realm of extrajudicial writing—in the form of fiction novels, short stories, legal books, children’s books, and the like—they must consider the ethical bounds of that expression. The Model Code of Judicial Conduct imposes five main constraints upon extrajudicial writings: (a) a judge may not …

Gadamerian Hermeneutics In Practice As A Paradigm For Legal Interpretation And Analysis, Konstantin G. Vertsman

St. Mary's Law Journal

Both law-making and legal interpretation involve a hermeneutic process of negotiating prejudices. Through confronting a text and engaging in the process of question and answer, an interpretation is obtained, representing a mixture of the legal horizon set by the law and the negotiated prejudices of the interpreter. A just application of legal texts only occurs due to the prejudices formed through an individual and a social consciousness. This Article focuses on the hermeneutic process in judicial decisions as exposed by differing judicial approaches based on the degree of law-making authority undertaken by the judiciary. Then, this Article demonstrates the explicit …

Lawyers, Mistakes, And Moral Growth, Vincent R. Johnson

St. Mary's Journal on Legal Malpractice & Ethics

Vincent R. Johnson, professor at St. Mary's University School of Law in San Antonio, Texas, reviews The Man in the Ditch: A Redemption Story for Today by Dallas attorney Mike H. Bassett.

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.

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

St. Mary's Law Journal

A tribute to Professor Bonita K. Roberts of St. Mary's University School of Law.

Negative Commentary—Negative Consequences: Legal Ethics, Social Media, And The Impact Of Explosive Commentary, Jan L. Jacobowitz Ms.

St. Mary's Journal on Legal Malpractice & Ethics

Connecting and sharing on social media has opened communication channels and provided instantaneous information to billions of people worldwide. Commentary on current events, cases, and negative online reviews may be posted in an instant, often without pause or thought about the potential repercussions. This global phenomenon may not only provide news of the day updates, humor, and support for those in need but also is replete with ethical landmines for the unwary lawyer. Lawyers commenting on current events, their cases, or responding to a client’s negative online review, have suffered damage to their careers. In some instances, they have even …

In The Midst Of Change, A Few Truths Remain—A Review Of Trazenfeld And Jarvis’S Florida Legal Malpractice Law, Jan L. Jacobowitz Ms.

St. Mary's Journal on Legal Malpractice & Ethics

Abstract forthcoming.

Disappearing Act: Are Free Speech Rights Decreasing?, Michael Conklin

St. Mary's Law Journal

Abstract forthcoming.

Borrowing American Ideas To Improve Chinese Tort Law, Yongxia Wang

St. Mary's Law Journal

As China develops its modern jurisprudence it faces a choice between emulating the legal frameworks of civil law countries or common law countries. Thus far, the civil law path has allowed for a rapid expansion of Chinese tort law, but jurists have found difficulty in applying such generalized statutory schemes with the absence of supporting judicial interpretation. Cognizant of the differences between the public policy of common law countries and China, Vincent Johnson’s Mastering Torts (Měiguó Qīnquán Fǎ) provides this guidance through the lens of American tort law. The hornbook takes care to simplify the role of judicial …

The Drive To Advise: A Study Of Law Students At A Pro Bono Brief Advice Project, Linda F. Smith

St. Mary's Law Journal

Abstract forthcoming.

Book Review, Roberto Rosas

St. Mary's Law Journal

Abstract forthcoming.

Lawyers, Religious Faith, And Virtues: Reflections On Tom And Nancy Shaffer, Robert F. Cochran Jr.

St. Mary's Journal on Legal Malpractice & Ethics

Tribute to Tom and Nancy Shaffer

Thomas L. Shaffer, Legal Ethics, And St. Mary’S University, Vincent R. Johnson

St. Mary's Journal on Legal Malpractice & Ethics

Tribute to Thomas L. Shaffer

A Jewish Perspective On Tom Shaffer: Zecher Tzadik Livracha (May The Memory Of The Righteous Be A Blessing), Russell G. Pearce

St. Mary's Journal on Legal Malpractice & Ethics

Tribute to Thomas L. Shaffer

Lee Hargis Lytton Iii: A Most Extraordinary, Interesting And Instructive Life, Robert Summers

St. Mary's Law Journal

Tribute to Lee Hargis Lytton III, a professor at St. Mary's University School of Law in San Antonio, Texas.

My Friend—Lee H. Lytton, Leo Womack

St. Mary's Law Journal

Tribute to Lee H. Lytton, a professor at St. Mary's University School of Law in San Antonio, Texas.

City Of San Antonio Presents Official Congratulations On The 50th Anniversary Of The St. Mary’S Law Journal, Ron Nirenberg

St. Mary's Law Journal

City of San Antonio Presents Official Congratulations on the 50th Anniversary of the St. Mary’s Law Journal.

Still Writing At The Master’S Table: Decolonizing Rhetoric In Legal Writing For A “Woke” Legal Academy, Teri A. Mcmurtry-Chubb

The Scholar: St. Mary's Law Review on Race and Social Justice

When the author wrote Writing At the Master’s Table: Reflections on Theft, Criminality, and Otherness in the Legal Writing Profession almost 10 years ago, her aim was to bring a Critical Race Theory/Feminism (CRTF) analysis to scholarship about the marginalization of White women law professors of legal writing. She focused on the convergence of race, gender, and status to highlight the distinct inequities women of color face in entering their ranks. The author's concern was that barriers to entry for women of color made it less likely that the existing legal writing professorate, predominantly White and female, would problematize the …

Connecting Prospective Law Students' Goals To The Competencies That Clients And Legal Employers Need To Achieve More Competent Graduates And Stronger Applicant Pools And Employment Outcomes, Neil W. Hamilton

St. Mary's Journal on Legal Malpractice & Ethics

The author’s chapters in the 2018 professional responsibility hornbook, Legal Ethics, Professional Responsibility, and the Legal Profession, discuss the new data available to help law faculties and students understand the competencies that clients and legal employers want. The foundation for many of these competencies—like ownership over continuous professional development and the relational competencies with clients and teams—is the student’s professional identity or moral core. But students need help to understand these connections.

We have seen some very useful new data over the last few months that will help build bridges among the three major stakeholders in legal education: the …

The State Of Texas Concurrent Resolution 19r474, José Menéndez, Four Price

St. Mary's Law Journal

Joint legislative resolution recognizing the St. Mary's Law Journal 50th anniversary in 2019.

Happy Golden Anniversary, St. Mary's Law Journal!, Stephen M. Sheppard

St. Mary's Law Journal

Stephen M. Sheppard, Dean of St. Mary's University School of Law, congratulates the St. Mary's Law Journal on its fiftieth anniversary in this foreword to Volume 50.

St. Mary's Law Journal Fiftieth Anniversary, John Cornyn

St. Mary's Law Journal

Senator John Cornyn of Texas congratulates the St. Mary's Law Journal on its fiftieth anniversary.

50 Years Of Excellence: A History Of The St. Mary's Law Journal, Barbara Hanson Nellermoe

St. Mary's Law Journal

Founded in 1969, the St. Mary’s Law Journal has climbed the road to excellence. Originally built on the foundation of being a “practitioner’s journal,” the St. Mary’s Law Journal continues to produce quality scholarship that is nationally recognized and frequently used by members of the bench and bar. From its grassroots origins to the world-class law review it is today, the St. Mary’s Law Journal continues to maintain its prestigious position in the realm of law reviews by ranking in the top five percent most-cited law reviews in federal and state courts nationwide.

In celebration of the St. Mary’s Law …

Better Briefs, Lydia Fearing

St. Mary's Journal on Legal Malpractice & Ethics

Abstract forthcoming

¡Que Viva The Scholar!, Bill Piatt

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Cost Effective Legal Research, Mike Martinez Jr, Katy Stein

Law Librarian Scholarship

This article discusses free and low-cost legal research resources that can help reduce the cost of litigation. A lawyer using such resources must appreciate not only the advantages of such resources, but also the disadvantages.

Updated Lessons In Conducting Basics Legal Research By Pro Se Litigants Who Cannot Afford An Attorney, Mike Martinez Jr, Michael P. Forrest, Paul S. Miller

Faculty Articles

The first generation of this article was written and published by The Scholar in 2006.1 Because the trend to accessing legal materials is geared more and more toward the Internet, the tour of the book world that was the focus of the original article requires expansion to include those sources available on the World Wide Web.2 Thus, this article contains most of the content in the original article, and then is supplemented by discussions of content currently available from online legal resources.

Too Broke To Hire An Attorney - How To Conduct Basic Legal Research In A Law Library, Mike Martinez Jr, Michael P. Forrest

Faculty Articles

This article targets as its audience pro se patrons - individuals who cannot afford counsel and need to conduct their own legal research. The poor and disenfranchised have historically had difficulty getting equal access to justice. The cause is often the fact that they cannot afford legal representation. This could lead to exclusion from the legal process. A solution might be self-representation, which presents its own difficulties, as the pro se litigant will likely need to access resources in a law library.

Chinese Law And Legal Research (Book Review), Chenglin Liu

Faculty Articles

Mr. Wei Luo has taken up the enormous challenge of establishing a subject-arrangement codification system and a uniform legal citation standard for China. Mr. Luo’s unique exposure to the Chinese legal system and law making process has made him the ideal scholar to address Chinese legal research. As a result of a five-year-long endeavor to direct these codification and legal citation projects, Mr. Luo has published his outstanding volume Chinese Law and Chinese Legal Research.

As the title of the book indicates, Mr. Luo’s work has gone far beyond the scope of an ordinary research guide or annotated bibliography. He …