Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 34

Full-Text Articles in Law

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 Aug 2023

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.


On Effective Campus Ministry At A Catholic Law School: The Impact Of Sister Grace Walle At St. Mary’S University School Of Law, Caitlin Hennessy Aug 2023

On Effective Campus Ministry At A Catholic Law School: The Impact Of Sister Grace Walle At St. Mary’S University School Of Law, Caitlin Hennessy

St. Mary's Law Journal

No abstract provided.


The Next Required Law School Course: History Of America’S Foundings, Kevin Frazier Aug 2023

The Next Required Law School Course: History Of America’S Foundings, Kevin Frazier

St. Mary's Law Journal

No abstract provided.


Are Handguns A Matter Of Privacy?, Bret N. Bogenschneider Aug 2023

Are Handguns A Matter Of Privacy?, Bret N. Bogenschneider

St. Mary's Law Journal

The thesis developed in this Article is that the Heller and Bruen cases involved primarily right-to-privacy concerns. By its terms, the Second Amendment involves the collective right to bear Arms in connection to regulated militia service and does not mention handguns. Handguns were not “ordinary military weapons” employed by a militia at the time of the American revolution under the originalist view. The Ninth and Fourteenth Amendments are more appropriate sources for an individual privacy right related to the possession of handguns for private purposes, such as for self-defense or suicide. However, a prohibition of handguns under this approach would …


The Lawyer’S Law School And The Metropolis: Two Law Schools’ Missions, Carlos R. Rosende Aug 2023

The Lawyer’S Law School And The Metropolis: Two Law Schools’ Missions, Carlos R. Rosende

St. Mary's Law Journal

No abstract provided.


Texans Shortlisted For The U.S. Supreme Court: Why Did Lightning Only Strike Once?, The Honorable John G. Browning Aug 2023

Texans Shortlisted For The U.S. Supreme Court: Why Did Lightning Only Strike Once?, The Honorable John G. Browning

St. Mary's Law Journal

No abstract provided.


The History Of Forensic-Science Evidence In Criminal Trials And The Role Of Early “Success” In Establishing Its Putative Reliability, Carrie Leonetti Aug 2023

The History Of Forensic-Science Evidence In Criminal Trials And The Role Of Early “Success” In Establishing Its Putative Reliability, Carrie Leonetti

St. Mary's Law Journal

This Article posits the history of forensic-science evidence plays a significant role in the unquestioning manner of its modern acceptance. It traces early high-profile forensic science “successes” and the public reactions to them. It argues the public perception of the “advances” of forensic science continues to play a role in the lack of scrutiny given to these disciplines in admissibility decisions today. It concludes, when it comes to forensic science, history should play a different role by serving as a critical warning rather than a congratulatory buttress.


Lone Star Crime: The Criminal Enforcement Of Environmental Law In The State Of Texas, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy Aug 2023

Lone Star Crime: The Criminal Enforcement Of Environmental Law In The State Of Texas, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy

St. Mary's Law Journal

Most transgressions of environmental law in the United States are remedied with civil or administrative tools. When crimes involve significant harm or culpable conduct, criminal enforcement tools may be applied. With the importance of environmental criminal enforcement for punishing offenders and deterring future offenses, we still have little empirical understanding of this phenomenon in Texas. We use content analysis of 2,588 federal environmental criminal prosecutions that result from EPA criminal investigations from 1983 to 2019 and select all prosecutions occurring in Texas. Our approach allows us to explore prosecution patterns over time, examine charging and sentencing trends, and draw out …


Texas Juvenile Justice: The Need For A “Second Look” At Juvenile Prison Sentences, Kyle Jenkins Aug 2023

Texas Juvenile Justice: The Need For A “Second Look” At Juvenile Prison Sentences, Kyle Jenkins

St. Mary's Law Journal

No abstract provided.


More Than Lip Service Is Required: Excessive Fines Clause Limitations Upon Fining The Homeless, Tim Donaldson Jun 2023

More Than Lip Service Is Required: Excessive Fines Clause Limitations Upon Fining The Homeless, Tim Donaldson

St. Mary's Law Journal

No abstract provided.


A Perpetual Cycle Of “Give-And-Take”: The Case For Texas Eminent Domain Reform, Kathryn Faulk Jun 2023

A Perpetual Cycle Of “Give-And-Take”: The Case For Texas Eminent Domain Reform, Kathryn Faulk

St. Mary's Law Journal

No abstract provided.


Fundamentals Of Oil And Gas Royalty Calculation, Byron C. Keeling Jun 2023

Fundamentals Of Oil And Gas Royalty Calculation, Byron C. Keeling

St. Mary's Law Journal

No abstract provided.


Preference-Based Federalism, Marquan Robertson Jun 2023

Preference-Based Federalism, Marquan Robertson

St. Mary's Law Journal

No abstract provided.


John Roberts And Owen Roberts: Echoes Of The Switch In Time In The Chief Justice’S Jurisprudence, Luke G. Cleland Jun 2023

John Roberts And Owen Roberts: Echoes Of The Switch In Time In The Chief Justice’S Jurisprudence, Luke G. Cleland

St. Mary's Law Journal

No abstract provided.


To André Hampton: Professor Of Law And Former Provost, Charles Cotrell Jun 2023

To André Hampton: Professor Of Law And Former Provost, Charles Cotrell

St. Mary's Law Journal

No abstract provided.


The Divine Right Of Judges: How Christian Thought Shaped The American Judiciary, Elise Mclaren Villers Jun 2023

The Divine Right Of Judges: How Christian Thought Shaped The American Judiciary, Elise Mclaren Villers

St. Mary's Law Journal

This Essay continues a discussion on the authority of courts, executives, and legislators to govern nations where the law diverges from necessity or morality. In a previous Comment, P. Elise McLaren, Answering the Call: A History of the Emergency Power Doctrine in Texas and United States, 53 St. Mary’s L.J. 287 (2022), I asked whether necessity or emergency ever supersedes the law, i.e., whether “emergency powers” exist. In this Essay, I ask whether the government is held accountable to a force other than the people themselves, namely, religious influence. As was done with respect to emergency powers, I ask …


Dinner With André: A Personal Tribute To André Hampton, David Dittfurth Jun 2023

Dinner With André: A Personal Tribute To André Hampton, David Dittfurth

St. Mary's Law Journal

No abstract provided.


A House Built On Sand: The Qualified Immunity Case For Keeping The Smith Doctrine, Joshua L. Johnston Jun 2023

A House Built On Sand: The Qualified Immunity Case For Keeping The Smith Doctrine, Joshua L. Johnston

St. Mary's Law Journal

No abstract provided.


Public Accommodations Originalism’S Inability To Solve The Problems Of Online Content Moderation, Vincent A. Marrazzo Jun 2023

Public Accommodations Originalism’S Inability To Solve The Problems Of Online Content Moderation, Vincent A. Marrazzo

St. Mary's Law Journal

In response to online platforms’ increasing ability to moderate content in what often seems to be an arbitrary way, Justice Clarence Thomas recently suggested that platforms should be regulated as public accommodations such that the government could prevent platforms from banning users or removing posts from their sites. Shortly thereafter, Florida passed the Transparency in Technology Act, which purported to regulate online platforms as public accommodations and restricted their ability to ban users, tailor content through algorithmic decision-making, and engage in their own speech. Texas followed suit by passing a similar law, and Arizona debated a bill purporting to regulate …


A Tribute To Gerald S. "Geary" Reamey, Michael Ariens Mar 2023

A Tribute To Gerald S. "Geary" Reamey, Michael Ariens

St. Mary's Law Journal

No abstract provided.


Concerning United States Constitutional War Powers, Marcus Armstrong Mar 2023

Concerning United States Constitutional War Powers, Marcus Armstrong

St. Mary's Law Journal

The United States faces a future in which the possibility of a conventional, great-power conflict is elevated. This is because of a constitutional interpretation that has altered United States constitutional war powers significantly. Specifically, the interpretation gives the president the authority to initiate and escalate war or hostilities unilaterally. In this Article, I reexamine that specific historical interpretation and find it wanting. I then offer a different historical interpretation, drawing upon other contemporary writers as well as upon historical events in order to give a more complete and nuanced understanding of the context in which the early American leaders developed …


Professor Reamey: A Mentor And A Friend, Victoria Mather Mar 2023

Professor Reamey: A Mentor And A Friend, Victoria Mather

St. Mary's Law Journal

No abstract provided.


The "Catch-22" Of Amazon's Argument To Function As An Auctioneer: The Implied Warranty Of Merchantability, Kyle A. Batson Mar 2023

The "Catch-22" Of Amazon's Argument To Function As An Auctioneer: The Implied Warranty Of Merchantability, Kyle A. Batson

St. Mary's Law Journal

No abstract provided.


Internally Displaced Persons: Ordeals And Analyses Of The Possible Regimes Of Legal Protection Frameworks, Olawale Ogunmodimu Mar 2023

Internally Displaced Persons: Ordeals And Analyses Of The Possible Regimes Of Legal Protection Frameworks, Olawale Ogunmodimu

St. Mary's Law Journal

This present global community is complicated because of anxiety and uncertainty. It is thoroughly interconnected yet intricately partitioned. Pivotally, one could argue that the centrality to this global anxiety is identity and belonging. People want to identify with and belong to a political system, territory, and culture. It seems that there is a present world that mirrors the political emergence of the interwar period that had nationalism on the rise. There is hostility to non-citizens globally, whether as refugees, internally displaced peoples (IDPs), or immigrants seeking to join new political communities. This Article explains the difficulties that ensue from being …


Gadamerian Hermeneutics In Practice As A Paradigm For Legal Interpretation And Analysis, Konstantin G. Vertsman Mar 2023

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 …


Discovering The Governing Forces Of Esports, An Intellectual Property Gold Mine, Dave Gravely Mar 2023

Discovering The Governing Forces Of Esports, An Intellectual Property Gold Mine, Dave Gravely

St. Mary's Law Journal

No abstract provided.


Texas Disaster Act And The Covid-19 Pandemic: The Validity Of School Mask Mandates And How The Texas Supreme Court Engaged In A Legal And Ethical Disaster, Ron Beal Mar 2023

Texas Disaster Act And The Covid-19 Pandemic: The Validity Of School Mask Mandates And How The Texas Supreme Court Engaged In A Legal And Ethical Disaster, Ron Beal

St. Mary's Law Journal

No abstract provided.


Mistakes With The Mistake Defense In Texas Criminal Law, Charles Bubany Jan 2023

Mistakes With The Mistake Defense In Texas Criminal Law, Charles Bubany

St. Mary's Law Journal

No abstract provided.


The First Woman Dean Of A Texas Law School: Barbara Bader Aldave At St. Mary's University, Vincent R. Johnson Jan 2023

The First Woman Dean Of A Texas Law School: Barbara Bader Aldave At St. Mary's University, Vincent R. Johnson

St. Mary's Law Journal

No abstract provided.


Without Limit: Why Texas's Criminal Statutes Of Limitations Violate The State Constitution's Separation Of Powers Clause, Andrew Warthen Jan 2023

Without Limit: Why Texas's Criminal Statutes Of Limitations Violate The State Constitution's Separation Of Powers Clause, Andrew Warthen

St. Mary's Law Journal

No abstract provided.