Law Commons^™

Center For Terrorism Law: Monthly Activity Report, 2009-12, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.

Center For Terrorism Law: Monthly Activity Report, 2009-11, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.

Class Of 2012 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law

Incoming 1L Photos (Facebooks)

Photographs of incoming law students for the St. Mary’s University School of Law, class of 2012

Terrorism Law Report, 2009 Fall, St. Mary's University School Of Law Center For Terrorism Law

Quarterly News

No abstract provided.

Center For Terrorism Law: Monthly Activity Report, 2009-10, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.

Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School Of Law

Law Notes

No abstract provided.

Center For Terrorism Law: Monthly Activity Report, 2009-09, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.

Center For Terrorism Law: Monthly Activity Report, 2009-08, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.

Center For Terrorism Law: Monthly Activity Report, 2009-07, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.

Center For Terrorism Law: Monthly Activity Report, 2009-06, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.

Center For Terrorism Law: Monthly Activity Report, 2009-05, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.

Terrorism Law Report, 2009 Spring, St. Mary's University School Of Law Center For Terrorism Law

Quarterly News

No abstract provided.

Center For Terrorism Law: Monthly Activity Report, 2009-04, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.

Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School Of Law

Law Notes

No abstract provided.

The Boundary-Line Fuction Of The Economic Loss Rule, Vincent R. Johnson

Faculty Articles

No abstract provided.

Center For Terrorism Law: Monthly Activity Report, 2009-03, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.

Center For Terrorism Law: Monthly Activity Report, 2009-02, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.

Center For Terrorism Law: Monthly Activity Report, 2009-01, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.

The Court Of Appeals For The Fifth Circuit: A Review Of 2007-2008 Insurance Decisions, Willy E. Rice

Faculty Articles

The Fifth Circuit Court of Appeals decided a considerable number of insurance-related controversies between June 2007 and May 2008. Arguably, the most important, comprehensive decisions are discussed-nineteen insurance cases that originate in just five federal district courts. Generally, the Fifth Circuit decided familiar questions of law and fact. More specifically, the following types of procedural and substantive conflicts appear in the nineteen insurance decisions: (1) one case involving the constitutionality of a Texas insurance statute; (2) two federal preemption and removal controversies involving the Employee Retirement Income Security Act (“ERISA”); (3) two disagreements requiring the court of appeals to make …

Is Arbitration Under Attack?: Exploring The Recent Judicial Skepticism Of The Class Arbitration Waiver And Innovative Solutions To The Unsettled Legal Landscape, Ramona L. Lampley

Faculty Articles

Courts have become increasingly likely in recent years to find class arbitration waivers in consumer product sales unenforceable due to the lack of incentives for consumers and their attorneys to recover for "low value" claims. This article explores the history of the unconscionability and vindication-of-statutory rights doctrines invoked by those courts. It then analyzes the progression of the class arbitration waiver in the consumer products industry, with emphasis on the third-generation "incentivizing" agreement. This "incentivizing" agreement, if viewed at the time of the purchase agreement, can be mutually beneficial to seller and consumer. Some consumers may wish to forego the …

The Corporate Lawyer's Role In A Contemporary Democracy, Colin P. Marks, Nancy B. Rapoport

Faculty Articles

In this paper, we review the traditional arguments for corporate social responsibility and ask the question of what corporate lawyers should do to help their clients do the right thing ethically. We also set out a test - the technically test -- that highlights when something is usually on the wrong side of the ethical line. (If you have to give legal advice starting with Well, technically..., you're on the wrong side of the line.)

Texas Annual Survey: Securities Regulation, George Lee Flint Jr

Faculty Articles

Texas federal courts have continued to narrow the application of Texas securities laws. The Fifth Circuit applied the federal class action preemption test of Securities Litigation Uniform Standards Act of 1998 (“SLUSA”) after consolidation in federal court, but permitted unconsolidated state actions to continue unpreempted. The Fifth Circuit also determined that the stringent federal pleading rules apply to state law actions filed in federal court. The Southern District of Texas narrowed aider and abetter liability in the secondary market by imposing a privity requirement for the primary perpetrator under the Texas Securities Act (“TSA”) and requiring a duty to disclose …

Judge Wayne Justice: A Life Of Human Dignity And Refractory Mules, Albert H. Kauffman

Faculty Articles

Judge Wayne Justice had a deep impact on the lives of many people and was an unyielding advocate who protected the rights of all U.S. citizens. Many of the Judge’s orders and consent decrees forced Texas to comply with more stringent federal requirements in education and health care and had a far reaching effect across the nation. Judge Justice presided over Doe v. Plyler that ensured the benefit of public education for the children of undocumented immigrants. In United States v. Texas, Judge Justice required that the Texas Education Agency monitor school district actions and policies to assure that they …

Jiminy Cricket For The Corporation: Understanding The Corporate 'Conscience', Colin P. Marks

Faculty Articles

Historically, the corporation has evolved since the late eighteenth century from a relative few, specially chartered associations, generally organized to complete projects for the public good to the modern profit-making behemoths of modern America. Along the way, corporations have been subjected to regulation, often in response to public outcry against perceived abuses of power. This corporate evolution has also resulted in a general separation of ownership and control, though that is not to say that corporate managers act completely free from external pressures such as to make a profit. With regard to the corporate "conscience," though corporations do not have …

Unreasonable: Involuntary Medications, Incompetent Criminal Defendants, And The Fourth Amendment, Dora W. Klein

Faculty Articles

Involuntary medical treatment potentially compromises several individual constitutional interests. However, like all individual constitutional rights, rights under both the Due Process Clause and the Fourth Amendment can be outweighed by sufficiently important governmental interests.

To determine whether involuntary medical treatment violates the Due Process Clause, courts ask whether the government’s interest that the treatment advances is important enough to justify compromising the individual’s interest in making an autonomous decision to refuse medical treatment. Involuntary treatment must also be medically appropriate, but any physical harms that the treatment might cause are not balanced directly against the government’s interest.

When the government …

Gender Segregation In The Public Schools; Opportunity, Inequality, Or Both?, Bill Piatt

Faculty Articles

Should the public schools be allowed to segregate girls from boys in the classroom? There is a history of single-sex education in this country, but there are concerns about single gender classrooms. In recent decades, researchers have begun to assert that requiring boys and girls to be taught together has a negative impact on the educational progress because of inherent differences in boy/girl learning behavior, or even in the development of their brains. Proponents of gender exclusive classrooms point out the voluntary nature of the programs, and the explicit findings of the Department of Education justifying such programs. Opponents argue …

Federal Rules Update: Amendments To The Federal Rules Of Procedure And Evidence, David A. Schlueter

Faculty Articles

In a very unusual step, Congress enacted Federal Rule of Evidence 502. This rule deals with the attorney-client and work product privileges. The proposal for this rule was driven primarily by the concern over rising litigation costs associated with discovery, especially electronic discovery. Experience had demonstrated that in complex litigation cases lawyers spend considerable time and effort to preserve privileged documents. If a privileged document is mistakenly produced, there is a risk that a court would find subject matter waiver, not only in the case at bar, but in other cases as well.

The new rule became effective on September …

International Legal Protection Of Trademarks In China, Robert H. Hu

Faculty Articles

This article addresses major trademark-related international regimes in which China participates. The article discusses the Chinese obligations under certain international treaties and agreements, both multilateral and bilateral, and use some Chinese court decisions to illustrate how these obligations are fulfilled in its judicial practice. Finally, the article provides an assessment of the effectiveness of these international regimes in China and offers observations on future development in protection through better enforcement. Three arguments are made: (1) International trademark law is taking roots in China; (2) China is taking its international obligations to protect trademarks seriously, and it has achieved much in …

Matrimonial Consent In Canon Law Juridical Aspects, Roberto Rosas

Faculty Articles

A valid marriage emerges thanks to the founding power of one sole efficient cause—consent. Marriage is a complex human reality; it encompasses physio-biological, psychological, personal, social, religious, moral, and judicial aspects. The essence and characteristics of marriage are determined by natural law. From here, Canon Law made an extraordinary effort, unknown by the other judicial codes, to investigate the natural demands of marriage, just as they are demanded by the dignity of the human being.

Consent is the only efficient cause of the matrimonial bond. It is generally accepted that the mutual consent of both of the contracting parties is …

New Legal Rights In The Legal System Of The United States Of America, Roberto Rosas, Bill Piatt

Faculty Articles

What new rights does the American legal system offer at the start of the 21st century? This article takes a snapshot of some of the most controversial topics in American society today and the juridical response to these topics by individual states, the United States Congress, and the United States Supreme Court. Although there are numerous legal topics that deserve mention and analysis, this article is limited to the discussion of 7 new rights created by state and federal laws. The new legal rights in the United States legal system discussed in this article include the following: 1) The right …