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Articles 1 - 30 of 68
Full-Text Articles in Law
Reforming Recusal Rules: Reassessing The Presumption Of Judicial Impartiality In Light Of The Realities Of Judging And Changing The Substance Of Disqualification Standards To Eliminate Cognitive Errors, Melinda A. Marbes
St. Mary's Journal on Legal Malpractice & Ethics
In recent years, high profile disqualification disputes have caught the attention of the public. In each instance there has been an outcry when a presiding jurist was asked to recuse but declined. Unfortunately, even if the jurist explains his refusal to recuse, the reasons given often are unsatisfying and do little to quell suspicions of bias. Instead, litigants, the press, and the public question whether the jurist actually is unbiased and doubt the impartiality of the judiciary as a whole. This negative reaction to refusals to recuse is caused, at least in part, by politically charged circumstances that cause further …
Class Of 2020 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law
Class Of 2020 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 2020
Professional Responsibility Of The Criminal Defense Lawyer Redux: The New Three Hardest Questions, Todd A. Berger
Professional Responsibility Of The Criminal Defense Lawyer Redux: The New Three Hardest Questions, Todd A. Berger
St. Mary's Journal on Legal Malpractice & Ethics
In 1966, Professor Monroe Freedman authored Professional Responsibility of the Criminal Defense Lawyer: The Three Hardest Questions, a work that occupies an important place in the cannon of legal ethics. Freedman believed that the three hardest questions facing a criminal defense attorney relate to whether it is ethical to discredit a truthful witness; whether it is proper to knowingly allow a client to testify falsely; and whether a lawyer may provide a client with legal advice when the lawyer suspects the client may use that advice to commit a crime. Beyond Freedman’s queries there are other important, yet largely unaddressed, …
Alternative Business Structures: Good For The Public, Good For The Lawyers, Jayne R. Reardon
Alternative Business Structures: Good For The Public, Good For The Lawyers, Jayne R. Reardon
St. Mary's Journal on Legal Malpractice & Ethics
There has been a shift in consumer behavior over the last several decades. To keep up with the transforming consumer, many professions have changed the way they do business. Yet lawyers continue to deliver services the way they have since the founding of our country. Bar associations and legal ethicists have long debated the idea of allowing lawyers to practice in “alternative business structures,” where lawyers and nonlawyers can co-own and co-manage a business to deliver legal services. This Article argues these types of businesses inhibit lawyers’ ability to provide better legal services to the public and that the legal …
Ethics And The “Root Of All Evil” In Nineteenth Century American Law Practice, Michael Hoeflich
Ethics And The “Root Of All Evil” In Nineteenth Century American Law Practice, Michael Hoeflich
St. Mary's Journal on Legal Malpractice & Ethics
This Article discusses the bifurcated notions on the purpose of working as an attorney—whether the purpose is to attain wealth or whether the work in and of itself is the purpose. This Article explores the sentiments held by distinguished and influential nineteenth-century lawyers—particularly David Hoffman and George Sharswood—regarding the legal ethics surrounding attorney’s fees and how money in general is the root of many ethical dilemmas within the arena of legal practice. Through the texts of Hoffman and Sharswood, we find the origins of the ethical rules all American attorneys are subject to in their various jurisdictions.
The Pillar: Newsletter Of The St. Mary's University School Of Law Center For Legal And Social Justice, St. Mary's University School Of Law
The Pillar: Newsletter Of The St. Mary's University School Of Law Center For Legal And Social Justice, St. Mary's University School Of Law
The Pillar
No abstract provided.
The Duke Model: A Performance-Based Solution For Compensating College Athletes, David A. Grenardo
The Duke Model: A Performance-Based Solution For Compensating College Athletes, David A. Grenardo
Faculty Articles
The time has long come for the NCAA, its member institutions, and college athletes to sit down and discuss compensating college athletes for playing. Rather than continue a war of words with increasing animosity between college athletes and the NCAA, the parties should take advantage of the existing infrastructures to begin a discussion that would lead to the abandonment of the prohibition on compensating athletes and the adoption of a model for payment. Once the parties begin that conversation about compensation for college athletes above their scholarship amounts, this article sets forth a proposal, the "Duke Model," that serves as …
The Ambulance Chasing Epidemic In Texas, Ronald Rodriguez
The Ambulance Chasing Epidemic In Texas, Ronald Rodriguez
St. Mary's Journal on Legal Malpractice & Ethics
Barratry and solicitation of professional employment is illegal and unethical. The Texas Disciplinary Rules of Professional Conduct define barratry as ethical misconduct and a serious crime. Unfortunately, for citizens and law-abiding attorneys of Texas, the criminal and ethical prohibitions against barratry have rarely been enforced. Consequently, barratry continues to proliferate rapidly throughout South Texas. For lawyers who engage in this unethical practice, the potential for large financial gain proves irresistible given the virtually nonexistent risk of prosecution. The lack of robust and successful prosecutions has created an optimal environment for barratry to proliferate. This Article discusses the current barratry epidemic …
Conflicts Of Interest For Former Law Firm Clerks Turned Lawyers, Daniel Haley
Conflicts Of Interest For Former Law Firm Clerks Turned Lawyers, Daniel Haley
St. Mary's Journal on Legal Malpractice & Ethics
There is no consensus for how the legal profession should treat a lawyer who has a conflict that arises from their time working as a law clerk while in law school. The majority of states allow a lawyer to be screened from participation if there is a conflict that arises from work they performed while still in law school. Nonetheless, not all states have adopted the Model Rules, and not all states that have adopted them accept and apply their rules uniformly. Clerkships are beneficial to both the student and the potential employer, and to limit these educational experiences due …
Electronic Social Media: Friend Or Foe For Judges, M. Sue Kurita
Electronic Social Media: Friend Or Foe For Judges, M. Sue Kurita
St. Mary's Journal on Legal Malpractice & Ethics
The use of electronic social communication has grown at a phenomenal rate. Facebook, the most popular social networking website, has over 1,968,000,000 users—a number that has exponentially grown since its inception in 2004. The number of judges accessing and using electronic social media (ESM) has also increased. However, unlike the general population, judges must consider constitutional, ethical, technical, and evidentiary implications when they use and access ESM. The First Amendment forbids “abridging the freedom of speech” and protects the expression of personal ideas, positions, and views. However, the American Bar Association’s Model Code of Judicial Conduct and the Texas Code …
The Ecclesiastical Tribunals Field Hospital For Wounded Marriages: The New Matrimonial Processus Brevoir, Roberto Rosas
The Ecclesiastical Tribunals Field Hospital For Wounded Marriages: The New Matrimonial Processus Brevoir, Roberto Rosas
Faculty Articles
This article will focus on explaining the new marriage annulment processes of the Latin Church, which are found in the Motu proprio Mitis ludex Dominus lesus, although the same processes apply to the processes in the Eastern Churches. Any differences that exist between the two processes are due to the distinct ecclesiastical structure between one Church and another.
This explanation will advance the following points: (1) marriage; (2) reasons for a new matrimonial process; (3) guiding principles for the new process; (4) pastoral footprint of service to the faithful in ecclesiastic tribunals; (5) actualization of the ecclesiastic structure; (6) the …
Blockchain's Treacherous Vocabulary: One More Challenge For Regulators, Angela Walch
Blockchain's Treacherous Vocabulary: One More Challenge For Regulators, Angela Walch
Faculty Articles
No abstract provided.
The Cfpb Proposed Arbitration Ban, The Rule, The Data, And Some Considerations For Change, Ramona L. Lampley
The Cfpb Proposed Arbitration Ban, The Rule, The Data, And Some Considerations For Change, Ramona L. Lampley
Faculty Articles
Predispute consumer arbitration has sparked energetic debate and sharply divides the utility of the class action versus the utility of individual arbitration. Thus far, the U.S. Supreme Court’s jurisprudence has given a “thumbs up” approach to predispute consumer arbitration waivers, which almost always include a class waiver agreement. Congress showed little interest in amending the Federal Arbitration Act (“FAA”), even for consumer cases. It seems that consumer arbitration was the “wild west” of the law, in that it was largely unregulated and could direct claims to the black hole of private dispute resolution. In May 2016, the Consumer Financial Protection …
Immigrating While Trans: The Disproportionate Impact Of The Prostitution Ground Of Inadmissibility And Other Provisions Of The Immigration And Nationality Act On Transgender Women, Luis Medina
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Judge Posner's Road Map For Convention Against Torture Claims When Central American Governments Cannot Protect Citizens Against Gang Violence, Steven H. Schulman
Judge Posner's Road Map For Convention Against Torture Claims When Central American Governments Cannot Protect Citizens Against Gang Violence, Steven H. Schulman
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Veterans Banished: The Fight To Bring Them Home, Alejandra Martinez
Veterans Banished: The Fight To Bring Them Home, Alejandra Martinez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
The Unconstitutional Application Of Apprehension And Detention Laws: Section 236(C) Of The Immigration And Nationality Act, Rigoberto Ledesma
The Unconstitutional Application Of Apprehension And Detention Laws: Section 236(C) Of The Immigration And Nationality Act, Rigoberto Ledesma
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
The Path Of The Blockchain Lexicon (And The Law), Angela Walch
The Path Of The Blockchain Lexicon (And The Law), Angela Walch
Faculty Articles
The terminology around blockchain technology is notoriously confusing, with disputes over whether a blockchain is the same as a distributed ledger or whether an appcoin is the same as a protocol token. In this article, I examine the difficulties the rapidly shifting, contested vocabulary poses for regulators seeking to understand, govern, and potentially use blockchain technology, and I offer suggestions for how to fight through the haze of unclear language.
I provide examples of the fluctuating, contested language in the blockchain technology space and describe the forces at play in shaping the language. I then lay out the problems the …
Baseball's Conflict Of Law, Mark W. Cochran
Baseball's Conflict Of Law, Mark W. Cochran
Faculty Articles
There is a conflict of laws in Major League Baseball, resulting from the National League’s refusal to adopt the Designated Hitter Rule, and the American League’s refusal to abandon it. As is often the case when rules of two jurisdictions diverge, the conflict reflects a difference in priorities and philosophies between the two leagues. By adopting and maintaining the Designated Hitter Rule, the American League demonstrates its preference for offensive output at the expense of baseball tradition. The National League preserves tradition by adhering to the natural law of baseball.
Enhancing Cybersecurity In The Private Sector By Means Of Civil Liability Lawsuits - The Connie Francis Effect, Jeffrey F. Addicott
Enhancing Cybersecurity In The Private Sector By Means Of Civil Liability Lawsuits - The Connie Francis Effect, Jeffrey F. Addicott
Faculty Articles
The purpose of this article is to explore the threats posed by cybersecurity breaches, outline the steps taken by the government to address those threats in the private sector economy, and call attention to the ultimate solution, which will most certainly spur private businesses to create a more secure cyber environment for the American people-a Connie Francis-styled cyber civil action lawsuit.
Political Ripples Ahead For Supreme Court Confirmation, Michael S. Ariens
Political Ripples Ahead For Supreme Court Confirmation, Michael S. Ariens
Faculty Articles
No abstract provided.
2017-2018 School Year, St. Mary's University School Of Law
2017-2018 School Year, St. Mary's University School Of Law
The Witan
No abstract provided.
Reforming Military Justice: An Analysis Of The Military Justice Act Of 2016, David A. Schlueter
Reforming Military Justice: An Analysis Of The Military Justice Act Of 2016, David A. Schlueter
Faculty Articles
The 2016 amendments to the Uniform Code of Military Justice (“UCMJ”) amounted to a sea change in American military justice. The Military Justice Act of 2016—a major reform of the Uniform Code of Military Justice—is set out in Division E of the National Defense Authorization Act for Fiscal Year 2017, and was signed into law by the President on December 23, 2016. Most of the amendments to the UCMJ addressed in this article will not become effective for some time—perhaps not until January 1, 2019 and in the interim, the current provisions of the UCMJ will continue to apply. Overall, …
John Henry Wigmore And The Rules Of Evidence: The Hidden Origins Of Modern Law (Book Review), Michael Ariens
John Henry Wigmore And The Rules Of Evidence: The Hidden Origins Of Modern Law (Book Review), Michael Ariens
Faculty Articles
No abstract provided.
The Other Rights Revolution: Conservative Lawyers And The Remaking Of American Government (Book Review), Michael Ariens
The Other Rights Revolution: Conservative Lawyers And The Remaking Of American Government (Book Review), Michael Ariens
Faculty Articles
No abstract provided.
State Bar Efforts To Deny Accreditation To Faith-Based Cle Ethics Programs Sponsored By Religiously Affiliated Law Schools, Bill Piatt
Faculty Articles
Religiously affiliated law schools focus on the integration of faith in the formation of future attorneys and leaders. Yet our students are only our students for three years. We can extend our influence and continue to provide a faith-based perspective to them and to other attorneys during the thirty, forty, or more years of their careers by offering continuing legal education (CLE) courses, which bring attorneys and judges together to provide a model for incorporating faith and morality into our professional roles. However, CLE programs must receive accreditation by state authorities if participants are to receive credit for them. Recently, …
The Texas Supreme Court Retreats From Protecting Texas Students, Albert H. Kauffman
The Texas Supreme Court Retreats From Protecting Texas Students, Albert H. Kauffman
Faculty Articles
The Texas Supreme Court has now fully retreated from a powerful line of previous Texas Supreme Court decisions protecting the rights of public school students and low-wealth districts.' Returning to Texas history's dual system of poor districts and wealthy districts, the Court removed itself from its constitutional role as a vital ingredient in progressing toward school finance equity and adequacy and has instead regressed to a dual school system in Texas that is divided between poor and wealthy districts.
This regression becomes evident by analyzing seven major school finance decisions: (1) Edgewood Independent School District v. Kirby (Edgewood I); (2) …
The Real Doctrine & Covenants, Chad J. Pomeroy
The Real Doctrine & Covenants, Chad J. Pomeroy
Faculty Articles
Developers have recently begun creating, and attaching to the property they sell to consumers, what is known as a "recovery fee." These recovery fees are "new" in that most lawyers are not familiar with them and in that they seem to operate in a novel manner and are bottomed on novel claims. In essence, they create and levy a fee on subsequent owners each time the property is transferred, which fee purports to reimburse developers for infrastructure and other development costs. Because they seem new, and because they involve transfers from relatively small and unsophisticated parties to relatively large and …
Resolving Civil Forfeiture Disputes, Rishi Batra
Resolving Civil Forfeiture Disputes, Rishi Batra
Faculty Articles
Under a legal process known as civil asset forfeiture, state and federal laws allow law enforcement officials and the government to seize assets from individuals who are not charged with a crime if the property is suspected of being involved in criminal activity. This is true even if the owner of the property is not charged with the underlying crime. Indeed, in 2014, The Washington Post analyzed 400 cases in seventeen states that were examples of civil forfeiture during traffic stops. Police stopped motorists under the pretext of a minor traffic infraction, analyzed the intentions of motorists by assessing nervousness, …
Using The Terms Integrative And Distributive Bargaining In The Classroom: Time For Change, Rishi Batra
Using The Terms Integrative And Distributive Bargaining In The Classroom: Time For Change, Rishi Batra
Faculty Articles
The terms "integrative bargaining" and "distributive bargaining" have been with us in the dispute resolution literature since at least the 1960s, when A Behavioral Theory of Labor Negotiations was first published in 1965 by Richard Walton and Robert McKersie. While the terms were popularized by these two authors, the authors themselves acknowledged the long line of predecessors, including Mary Parker Follett, who led them to promote these categories. Since that time, "integrative" and "distributive" have been with us and have captured the imagination of scholars, trainers, and practitioners while remaining popular in the dispute resolution literature today. Despite the proliferation …