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.

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 …

“Playing Chicken": An Instant History Of The Battle Over Exceptions To Client Confidentiality, Michael S. Ariens

Faculty Articles

The purpose of my essay Playing Chicken: An Instant History of the Battle over Exceptions to Client Confidentiality, is to offer a pointillist history of the recent battles between the ABA and the federal government concerning 1) when lawyers may or must disclose client confidences, and 2) claims that the federal government is attacking the attorney-client privilege. In doing so, I hope to explain how this battle is representative of the current drift in the American legal profession.

After the Introduction, the essay unfolds as follows: Section II traces the ABA’s often schizophrenic understanding of the duty of confidentiality and …

Federal Rules Update: Technology-Related Rules, David A. Schlueter

Faculty Articles

In June 2009, the Standing Committee on the Federal Rules of Procedure and Evidence authorized publication for comment on a number of technology-related rules of criminal procedure. Criminal Rule 1 would state that the terms “telephone,” “telephonic,” or “telephonically” mean any form or live electronic voice communication. Rule 3 would allow officers to submit a complaint and supporting material electronically. Changes to Rule 4 would address electronically processed and submitted arrest warrants. Proposed new Rule 4.1 would permit magistrate judges to consider information presented electronically in deciding whether to issue a warrant or summons or approve a complaint. The amendment …

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 …

The Effect Of Tort Reform On Tort Case Filings, Patricia W. Moore

Faculty Articles

Does so-called "tort reform" decrease tort case filings? In Texas and other states that have enacted numerous rounds of tort reform, the answer appears to be a resounding "yes," at least as of the year 2000. More recent evidence from Oklahoma supports that conclusion and provides an interesting case study within the tort reform juggernaut.

During at least the past twenty years, tort reformers have achieved substantial legislative successes and, some would argue, public relations victories. Yet their desire for more "reform" seems insatiable, and their legislative agenda rarely sleeps.

Tort reform bills bloom perennially in the Oklahoma legislature, and …

Destroyed Community Property, Damaged Persons, And Insurers’ Duty To Indemnify Innocent Spouses And Other Co-Insured Fiduciaries: An Attempt To Harmonize Conflicting Federal And State Courts’ Declaratory Judgments, Willy E. Rice

Faculty Articles

Perhaps because of habit or a strong aversion to risks, consumers purchase a considerable amount of insurance generally, and consumers purchase property, indemnity, and liability insurance in particular. Typically, national property and casualty insurers sell property, indemnity, and liability insurance contracts. As a result, those insurers sales and revenues increase from year to year. At the dawn of the 21st century, foreign property and casualty insurers are realizing similar successes.

It is expected that anxious or prudent consumers would insure themselves and their various property interests against strangers, strange events, and perils over which consumers have little control or influence. …

Managing The Risks Of Co2 Sequestration, Amy Hardberger

Faculty Articles

Carbon capture and sequestration (CCS) is an emerging technological development which enables coal to be used while avoiding significant greenhouse-gas emissions. The most effective way to combat the predicted impacts of climate change is to limit carbon dioxide (CO₂) emissions, particularly from coal-burning power plants. CCS is ready to be deployed now but is expensive. Although CCS presents challenges, environmental concerns can be mitigated through careful project planning and execution. If the current administration successfully passes and funds a climate bill, CCS will achieve the incentive needed for commercialization.

There are several risks associated with CCS. Some of the most …

The Texas Supreme Court And Oil And Gas Jurisprudence: What Hath Wagner & Brown V. Sheppard Wrought?, Laura H. Burney

Faculty Articles

According to the Texas Supreme Court, a lessor’s interest remains pooled even after her lease terminates. The Court’s November 2008 opinion in Wagner & Brown, Ltd. v. Sheppard provoked strong reactions among oil and gas law practitioners, academics, and others involved in the industry. In fact, the court received nearly a dozen amicus curiae briefs signed by more than 20 attorneys—many of whom typically represent producers—urging it to reconsider. Not persuaded by these concerns, the court finalized its opinion on June 5, 2009. So now the question for players in the oil patch is: What hath Wagner & Brown, Ltd. …

The Texas School Finance Litigation Saga: Great Progress, Then Near Death By A Thousand Cuts, Albert H. Kauffman

Faculty Articles

The Texas Legislature’s system for financing Texas schools is significantly more equitable after Edgewood v. Kirby. Edgewood I and Edgewood II effectively forced the legislature to improve the finance system. However, the rulings in the first two Edgewood cases have been whittled away by the last four Edgewood decisions.. As a result, courts now approach fundamental issues, legislative power, and the relationship between them differently.

The Edgewood v. Kirby legacy still improves the equity and adequacy of Texas’s public education finance system. This legacy is expanded upon with observations regarding long term impacts of the Texas school finance litigation saga.

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.)