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Articles 1 - 30 of 44
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 …
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 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 …
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 Persistent Challenge Of Gender And Law: Views From One Law School's Student Body, Reynaldo Anaya Valencia
The Persistent Challenge Of Gender And Law: Views From One Law School's Student Body, Reynaldo Anaya Valencia
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming
In Defense Of The Family: An Argument For Maintaining The Parental Rights Of Incarcerated Women In Texas, Erica D. Benites
In Defense Of The Family: An Argument For Maintaining The Parental Rights Of Incarcerated Women In Texas, Erica D. Benites
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming
What Is It About Saying We're Sorry? New Federal Legislation And The Forgotten Promises Of The Treaty Of Guadalupe Hidalgo, Jon Michael Haynes
What Is It About Saying We're Sorry? New Federal Legislation And The Forgotten Promises Of The Treaty Of Guadalupe Hidalgo, Jon Michael Haynes
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming
The Homosexual Law And Policy In The Military: "Don't Ask, Don't Tell, Don't Pursue, Don't Harass" . . . Don't Be Absurd!, Debra A. Luker
The Homosexual Law And Policy In The Military: "Don't Ask, Don't Tell, Don't Pursue, Don't Harass" . . . Don't Be Absurd!, Debra A. Luker
The Scholar: St. Mary's Law Review on Race and Social Justice
The violent murder of Army Private First Class Barry Winchell, a suspected homosexual, is a gruesome example of how the military does not tolerate homosexuals. The military’s current homosexual policy – referred to as Don’t Ask, Don’t Tell, Don’t Pursue, Don’t Harass – is ineffective. The policy creates an atmosphere of intolerance that leads to discrimination among homosexual service members, and this discrimination often has violent ends. This comment analyzes the ways other countries implement policies for their homosexual service members, and also offers proposals to improve the current homosexual policy in the United States. The author discusses how the …
The Negative Impact Of Intellectual Property Patent Rights On Developing Countries: An Examination Of The Indian Pharmaceutical Industry, Nadia Natasha Seeratan
The Negative Impact Of Intellectual Property Patent Rights On Developing Countries: An Examination Of The Indian Pharmaceutical Industry, Nadia Natasha Seeratan
The Scholar: St. Mary's Law Review on Race and Social Justice
No abstract provided.
Low Bono Legal Counsel: Closing The Access To Justice Gap By Providing The Middle Class With Affordable Attorneys., Steven A. Krieger
Low Bono Legal Counsel: Closing The Access To Justice Gap By Providing The Middle Class With Affordable Attorneys., Steven A. Krieger
The Scholar: St. Mary's Law Review on Race and Social Justice
The middle class is often underserved when it comes to retaining legal services. Individuals at or below poverty level qualify for pro bono services, and the wealthy have the resources to pay. Federal funding for free legal assistance is distributed by the Legal Services Corporation (LSC). Unfortunately for the middle class, funds are limited and are used primarily for pro bono services. Funding from Congress is unlikely to increase because the allocation of funds is dependent on the federal poverty guidelines. Relying on the federal guidelines is erroneous because the guidelines have not been updated since the 1960s, and therefore …
Education And Its Discontents: The Decriminalization Of Truancy And The School-To-Prison Pipeline In Texas., Steven E. Gilmore
Education And Its Discontents: The Decriminalization Of Truancy And The School-To-Prison Pipeline In Texas., Steven E. Gilmore
The Scholar: St. Mary's Law Review on Race and Social Justice
The Texas Legislature ended the longstanding criminalization of truancy violations in Texas schools. With the passage of House Bill (H.B.) 2398, the manner in which the courts, school districts, and the Texas Education Agency (TEA) are expected to handle truant students has been greatly altered. Nonetheless, it remains to be seen what material effect these new measures will have on Texas schools, students, and their families. In order to understand the extent to which the new laws and regulations may affect the lives of students and their parents, it is important to examine the material consequences of the school-to-prison pipeline …
The Police-Community Partnership: Civilian Oversight As An Evaluation Tool For Community Policing., Nathan Witkin
The Police-Community Partnership: Civilian Oversight As An Evaluation Tool For Community Policing., Nathan Witkin
The Scholar: St. Mary's Law Review on Race and Social Justice
Citizen review boards (CRBs) tend to act as unofficial criminal courts for police misconduct. Without the binding, legal powers of the court, these civilian oversight bodies are often ineffective and draw resistance from law enforcement. “Community policing,” or community-oriented policing (COP) is a law enforcement strategy that emphasizes the use of problem-solving skills through community engagement and partnerships, but performance through arrests/citation statistics only. Without a process to evaluate public relations skills, the COP strategy encourages officers to reduce distance between them and the community while retaining a crime-fighting focus—a dynamic that increases tension and violence between police and crime-prone …
No Un Jurado De Mis Pares: Juror Exclusion Of Limited English Proficient Speakers., Michael Mccann
No Un Jurado De Mis Pares: Juror Exclusion Of Limited English Proficient Speakers., Michael Mccann
The Scholar: St. Mary's Law Review on Race and Social Justice
In the context of fulfilling civic duties as a citizen, accessibility to language assistance programs ensures every individual, including those with limited English proficiency (LEP), is afforded the opportunity to exercise their fundamental rights. Preservation of the integrity of the justice system must be provided in a comprehensive manner, not merely in one part of the legal proceedings or isolated to one part of the courthouse. LEP citizens should be integrated in public society, not disqualified from it. Statutes that create overly burdensome language proficiency standards create problems with the jury selection process. These standards limit and often deny LEP …
The Repercussions Of Concussions In Youth Football Leagues: An Analysis Of Texas’S Concussion Law And Why Reform Is Necessary., Taylor Adams
The Repercussions Of Concussions In Youth Football Leagues: An Analysis Of Texas’S Concussion Law And Why Reform Is Necessary., Taylor Adams
The Scholar: St. Mary's Law Review on Race and Social Justice
Texas’s state concussion law, known as Natasha’s Law, does not reflect a comprehensive safety standard that affords protection to athletes of every age and at every level of play. Because uniform concussion standards fall outside the purview of the federal government, the responsibility is left to Texas to implement, amend, and regulate laws on youth athletic competitions. Natasha’s Law implements an immediate removal policy from practice or a game when a student-athlete exhibits signs of a concussion. Nonetheless, Natasha’s law falls short because it limits coverage to only school sponsored practices, competitions and interscholastic activity, and negates coverage for recreational …
Helping Students Develop Affirmative Evidence Of Cross-Cultural Competency, Neil Hamilton, Jeff Maleska
Helping Students Develop Affirmative Evidence Of Cross-Cultural Competency, Neil Hamilton, Jeff Maleska
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
The Texas Supreme Court Retreats From Protecting Texas Students, Albert Kauffman
The Texas Supreme Court Retreats From Protecting Texas Students, Albert Kauffman
The Scholar: St. Mary's Law Review on Race and Social Justice
This Article criticizes the 2016 Texas Supreme Court school finance decision, the latest of seven decisions starting in 1989, for its disregard of both the record in the case and the realities of the Texas Constitution and Texas politics. The Article also focuses on how standards for reviewing legislation have changed and the Texas Supreme Court's irrational and unfounded retreat to the "money doesn't make a difference" theory of school finance. Finally, the Article recommends a return to an objective, comprehensible, enforceable and constitutional system of review, and concludes with a prayer for holdings that recognize the inequities of the …
Navigating The Post-Shelby Landscape: Using Universalism To Augment The Remaining Power Of The Voting Rights Act, Jesús N. Joslin
Navigating The Post-Shelby Landscape: Using Universalism To Augment The Remaining Power Of The Voting Rights Act, Jesús N. Joslin
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
¡Que Viva The Scholar!, Bill Piatt
¡Que Viva The Scholar!, Bill Piatt
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Blue Lives Have Always Mattered: The Usurping Of Hate Crime Laws For An Unintended And Unnecessary Purpose, Lisa M. Olson
Blue Lives Have Always Mattered: The Usurping Of Hate Crime Laws For An Unintended And Unnecessary Purpose, Lisa M. Olson
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
The Persistence Of Memory: The Continuing Influence Of Antebellum Missouri Laws Regarding African Americans, Roy Dripps
The Persistence Of Memory: The Continuing Influence Of Antebellum Missouri Laws Regarding African Americans, Roy Dripps
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Non-Sexual Predators: The Negative Implications Of Required Registration For Non-Sexual Offenses, Alexandra Vargas
Non-Sexual Predators: The Negative Implications Of Required Registration For Non-Sexual Offenses, Alexandra Vargas
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
The English Rule - It Ain't English, And Ought Not Be American., Timothy M. Mulligan
The English Rule - It Ain't English, And Ought Not Be American., Timothy M. Mulligan
St. Mary's Law Journal
Abstract Forthcoming.
A New Remedy For Junk Science: Article 11.073 And Texas's Response To The Changing Landscape In The Forensic Sciences., Trevor Rosson
A New Remedy For Junk Science: Article 11.073 And Texas's Response To The Changing Landscape In The Forensic Sciences., Trevor Rosson
St. Mary's Law Journal
Abstract Forthcoming.