Content Posted in 2021
A Guide to the 87th Texas Legislative Session, José Menéndez and Pearl D. Cruz
A Human Rights Crisis Under Our Roof, Aglae Eufracio
Alexa Hears with Her Little Ears—But Does She Have the Privilege?, Lauren Chlouber Howell
A “License to Kale”—Free Speech Challenges to Occupational Licensing of Nutrition and Dietetics, Taylor J. Newman and Angela E. Surrett
All Children Can Learn: Providing Equal Education Opportunities for Migrant Students, Michelle R. Holleman
A Mother Removed — A Child Left Behind: A Battered Immigrant's Need for a Modified Best Interest Standard, Julie Linares-Fierro
An Article We Wrote to Ourselves in the Future: Early 21st Century Views on Ethics and the Internet., David Hricik, Prashant Patel, and Natasha Chrispin
Appraising Problems, Not Stuff, Chad J. Pomeroy
Appraising Problems, Not Stuff, Chad J. Pomeroy
A Professional (Lack of) Courtesy: The Emergence of Expert Testimony in Legal and Medical Malpractice Cases., Jeffrey I.H. Soffer
Arbitration Clauses in Fee Retainer Agreements., Chrissy L. Schwennsen
“A Scout is Trustworthy”: Applying Virtue Ethics to Lawyer Professionalism., Jeff Brown
Attention Deficit Hyperactivity Disorder (ADHD): A Childhood Diagnosis or a Criminal Defense?, Bertha Nelda Garza
Avoid Being A Defendant: Estate Planning Malpractice and Ethical Concerns., Gerry W. Beyer
Barred by Their Brains: Inmates with Traumatic Brain Injury (TBI), Claire Mikita
Bitcoin Searches and Preserving the Third-Party Doctrine, Christine A. Cortez
Bolstering Juliana: Enforceability of Environmental Claims Through International Treaty Obligations in U.S. Courts, Lindsey Laielli
Book Review, Harvey Gee
Bridging the Gender Gap, Susan Estrich
Building a Resilient Workforce: Programming for Commercial Content Moderation Staff, Miriah Steiger
Campus Free Speech in the Mirror of Rising Anti-Semitism, Harry G. Hutchison
Can Federal Courts Exercise Jurisdiction over State Law Malpractice Claims Arising out of Patent Law Disputes?, Isaac C. Ta
Can God Create a Rock So Heavy That He Cannot Lift It?: Outlawing Pensions under State Constitutions, Chad J. Pomeroy
Characterization of HmuY-Like Heme-Binding Protein of Leptospira interrogans, Antonia Michelle Merta
Characterizing Ghostwriting., Debra Lyn Bassett
Circular 230: New Rules Governing Practice Before the IRS., C. John Muller IV
Civility and Collegiality—Unreasonable Judicial Expectations for Lawyers as Officers of the Court?, Lonnie T. Brown Jr.
COLLARED—A Film Case Study about Insider Trading and Ethics, Garrick Apollon
Controversial Defenses to Legal Malpractice Claims: Are Attorney-Experts Being Asked to Be Advocates?, David S. Caudill
Count the Brown Faces: Where is the "Family" in the Family Law of Child Protective Services, Ana M. Novoa
Dedication of "The Scholar: St. Mary's Law Review of Minority Issues", Kevin R. Johnson
Disqualifying Defense Counsel: The Curse of the Sixth Amendment, Keith Swisher
Do Minorities Really Benefit? The Untold Truth About Vouchers, Marie A. Galindo
Donor Families’ Experiences from Initial Loss Forward: An Interpretative Phenomenological Analysis, Linda Meeker
Ethical Duty to Investigate Your Client?, Peter A. Joy
Ethically Handling the Receipt of Possibly Privileged Information., James M. Fischer
Ethics in an Echo Chamber: Legal Ethics & the Peremptory Challenge, Kayley A. Viteo
Evidentiary Standards in the Legal Malpractice Trial-Within-a-Trial., F. Parks Brown
Examination of Cranial Electrotherapy Stimulation (CES) on Depressive and Anxiety Symptoms of Caregivers: A Double Blind Experimental Study, Reginald Gerard Jefferson
Ezra, Rehnquist, and St. Mary’s University, Lance Kimbro
Federal and State Law Encroachment on Individual Rights, William Clark Harrel
First, Do No Harm: The Consequences of Advising Clients About Litigation Alternatives in Medical Malpractice Cases., Katerina P. Lewinbuk
First-Time Practicum Students' Lived Experiences of Case Presentations in Group Supervision: A Phenomenological Study, Jason Blakely Fischer
Foreword, Patricia E. Roberts
Guilt by Association: How “Standby Co-Counsel” Exposes Attorneys to Malicious Prosecution Liability., Colleen V. Lisowski
House Bill 3: An IOU Texas Public Schools and Communities of Color Cannot Afford, Candace L. Castillo
How an Obscure Tennessee Opinion Uncovers the Veil of Legal Malpractice Between Asset-Protection Trusts and the Uniform Trust Code., Charles Epps Ipock
How Do You Rate Your Lawyer? Lawyers’ Responses to Online Reviews of Their Services, Laurel A. Rigertas
Human Rights Don't Stop at the Border: Why Texas Should Provide Preventative Health Care for Undocumented Immigrants, Alexander Vivero Neill
Immunity of Volunteer Health Care Providers in Texas: Bartering Legal Rights for Free Medical Care Comment, Gwendolyn Pulido
In Defense of the Family: An Argument for Maintaining the Parental Rights of Incarcerated Women in Texas, Erica D. Benites
In Honor of Professor Bonita K. Roberts, Linda L. Schlueter and Faye Bracey
Intra Law Firm Communications Regarding Questionable Attorney Conduct., Evan King and Jeffrey A. Parness
Introduction, Kathryn A. Stephens
Invisible, but Not Transparent: An Analysis of the Data Privacy Issues That Could Be Implicated by the Widespread Use of Connected Vehicles, Emilio R. Longoria
Is Anything Ever Free?: NAFTA’s Effect on Union Organizing Drives and Minorities and the Potential of FTAA Having A Similar Effect, Karla Shantel Jackson
Is Litigation Counsel Who Also Engages in Competitive Decision-Making Wrong for the Part?, David Hricik
Judicial Deference of the Board of Immigration Appeals’ Regulatory Interpretations in Light of Kisor v. Wilkie, Melissa Fullmer
Justice for Venezuela: The Human Rights Violations That are Isolating an Entire Country, Andrea Matos
Justifying the Supreme Court’s Standards of Review, R. Randall Kelso
Keep Your “Friends” Close and Your Enemies Closer: Walking the Ethical Tightrope in the Use of Social Media., John G. Browning
Las Marcas en el Tratado de Libre Comercio de America del Norte, Roberto Rosas
“Lawyers’ Work”: Does the Court Have a Legitimacy Crisis?, Lackland Bloom
Lech's Mess with the Tenth Circuit: Why Governmental Entities Are Not Exempt from Paying Just Compensation When They Destroy Property Pursuant to Their Police Powers, Emilio R. Longoria
Legal and Policy Implications for a New Era: The "War on Terror", Jeffrey F. Addicott
Legal Implications of September Eleventh: A Question of Security and Civil Liberties, David Dittfurth
Legal Malpractice Litigation and the Duty to Report Misconduct., Vincent R. Johnson
Let My Arm Be Broken off at the Elbow, Chad J. Pomeroy
“Listserv Lawyering”: Definition and Exploration of Its Utility in Representation of Consumer Debtors in Bankruptcy and in Law Practice Generally, Josiah M. Daniel III
Loopholes for the Affluent Bankrupt, David R. Hague
Machine Learning and the New Civil Procedure, Zoe Niesel
Malpractice Liability Related to Foreign Outsourcing of Legal Services., Vincent R. Johnson and Stephen C. Loomis
Maternity Rights: A Comparative View of Mexico and the United States, Roberto Rosas
Mindful Ethics-A Pedagogical and Practical Approach to Teaching Legal Ethics, Developing Professional Identity, and Encouraging Civility, Jan L. Jacobowitz and Scott Rogers
Model Rule 8.4(g) and the Profession’s Core Values Problem, Michael Ariens
Modernizing Discrimination Law: The Adoption of an Intersectional Lens, Marisa K. Sanchez
Municipal Optimization of Short-Term Rental Regulations: The Reality of Airbnb in South Texas Communities, Kenneth M. Culbreth III
National, Military, and College Reports on Prosecution of Sexual Assaults and Victims’ Rights: Is the Military Actually Safer than Civilian Society?, David A. Schlueter and Lisa M. Schenck
Navigating the Pitfalls of Implicit Bias: A Cognitive Science Primer for Civil Litigators, Nicole E. Negowetti
Negative Commentary—Negative Consequences: Legal Ethics, Social Media, and the Impact of Explosive Commentary, Jan L. Jacobowitz Ms.
NFL Policy is about Divide and Conquer, David A. Grenardo
“Nudging” Better Lawyer Behavior: Using Default Rules and Incentives to Change Behavior in Law Firms, Nancy B. Rapoport
Observation on the Evolution of Minorities in the Law: From Law School to Practice, Charles E. Cantu
O estado atual dos e-books em bibliotecas jurídicas dos Estados Unidos: uma pesquisa, Wilhelmina Randtke and Stacy Fowler
Online Legal Advice: Ethics in the Digital Age, Paige A. Thomas
Order in the Court!: Ethical Conduct in a Criminal Trial Under the Texas Disciplinary Rules., Edward L. Wilkinson
“Payability” as the Logical Corollary to “Collectibility” in Legal Malpractice, Daniel D. Tostrud
Police Use of Force Laws in Texas, Gerald S. Reamey
Postpartum Psychosis: A Legitimate Defense for Negating Criminal Responsibility?, Sandy Meng Shan Liu
Practical Ethics for the Professional Prosecutor., Enrico B. Valdez
Predictors of Positive Outcomes in Treating Individuals Diagnosed with IDD and Comorbid Psychiatric Disorders, Jacob Omondi Wasonga
Probing the Legitimacy of Mandatory Mediation: New Roles for Judges, Mediators, and Lawyers., Tracy Walters McCormack, Susan Schultz, and James McCormack
Professional Responsibility for the Pro Se Attorney., Margaret Raymond
Professional Responsibility, Legal Malpractice, Cybersecurity, and Cyber-Insurance in the COVID-19 Era, Ethan S. Burger
Professor Bonita K. Roberts—A Colleague and a “Conscience”, Victoria Mather
Proof of Exoneration in Legal Malpractice Cases: The Peeler Doctrine and Its Limits in Texas and Beyond., John G. Browning and Lindsey Rames
Punishing the Victim: Model Rule 1.16(a)(2) and Its Relation to Lawyers with Anxiety, Depression, and Bipolar Disorder, Daniel G. Esquivel
Racial/Ethnic Identity Modeling: An Exploration of the Effects of Bilingualism on Racial/Ethnic Identity Expression and Self-Esteem in Multiple-Race Black/African American Adults, Tritia Miyako Finley
Regulating the Behavior of Lawyers in Mass Individual Representations: A Call for Reform., Richard Zitrin
Reinventing the Wheel: Constructing Ethical Approaches to State Indigent Legal Defense Systems., Bill Piatt
Relationships Between Professional Development and Attitudes, Knowledge, and Skills in Play Therapy Among Counselors, Cynthia Ann Anderson
Scaling Back the ADA: How the Sutton v. United Airlines Decision Affects Employees with Bipolar Disorder., Kevin Wiley Jr.
Self-Determination and the American Indian: A Case Study, Milo Colton
Sentenced to Purgatory: The Indefinite Detention of Mariel Cubans, Yvette M. Mastin
Shifting the Burden of Proof on Causation in Legal Malpractice Actions., Jeffrie D. Boysen
Social Networking and Judicial Ethics., Craig Estlinbaum
Strengthening Human Rights Protection: Why the Holocaust Slave Labor Claims Should be Litigated, Justin H. Roy
Sufficiently Judicial: The Need for a Universal Ethics Rule on Attorney Behavior in Legislative Impeachment Trials, Joshua E. Kastenberg
Taking Charge of Court-Martial Charges: The Important Role of the Commander in the American Military Justice System, David A. Schlueter and Lisa M. Schenck
Taking Limited Representation to the Limits: The Efficacy of Using Unbundled Legal Services in Domestic-Relations Matters Involving Litigation., Michele N. Struffolino
Testing Privilege: Coaching Bar Takers Towards “Minimum Competency” During the 2020 Pandemic, Benjamin Afton Cavanaugh
Texas: A Weak Governor State, or Is It?, Ron Beal
Texas, Step Up to the Plate and Compensate: Face to Face with Joyce Ann Brown, Wrongfully Convicted Never to Receive Compensation, Natasha L. Brooks
The Accidental Lawyer: A Law and Economics Perspective of Inadvertent Waiver., Ido Baum
The Advent of State and Local Lobby Regulations and the Legal and Ethical Considerations for Attorneys., Ross Fischer and Jack Gullahorn
The Agony of Modern Legal Ethics, 1970-1985., Michael Ariens
The American Tradition of Language Rights, ¡Que Viva Texas!: The forgotten Right to Government in a "Known Tongue", Jose Roberto Juarez
The Bumble Bill: A Critical Analysis on Texas’s New Law Taking Indecent Exposure Regulations Online, Ashley B. Huron
The Case for the Rodeo: An Analysis of the Houston Livestock Show and Rodeo's Inverse Condemnation Case against the City of Houston, Emilio R. Longoria
The Case for the Rodeo: An Analysis of the Houston Livestock Show and Rodeo’s Inverse Condemnation Case Against the City of Houston, Emilio R. Longoria
The Corporate Attorney as “Internal” Gatekeeper and the In Pari Delicto Defense: A Proposed New Standard, Kevin H. Michels
The Currency of Reparations: Affirmative Action in College Admissions, David J. Trevino
The Dangers of Doxing and Swatting: Why Texas Should Criminalize These Malicious Forms of Cyberharassment, Hannah Mery
The Dangers of Unguarded Discretion: The Unconstitutional Stops of Buses by Roving Patrols, Norma Alicia Ortiz
THE DYNAMICS OF THE ILLEGAL IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY ACT OF 1996: THE SPLITTING-UP OF AMERICAN FAMILIES, Emma O. Guzman
The Educational Legacy of Racially Restrictive Covenants: Their Long Term Impact on Mexican Americans, Christopher Ramos
The Erosion of Criminal Norms and Procedures and the Police Abuse of Authority, Gerald Goldstein
The Error of the Paquete Habana: U.S. Naval Forces in the Safe Harbor of Commander-in-Chief Discretion and the Law of War, T. Nelson Collier
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 Informed Consent Doctrine in Legal Malpractice Law, Vincent R. Johnson
The Informed Consent Doctrine in Legal Malpractice Law, Vincent R. Johnson
The Limited Power of the Bar to Protect Its Monopoly., Zachary C. Zurek
The Litigation Privilege in Texas., Sam Johnson
The Militia: A Definition and Litmus Test, Marcus Armstrong
The Negative Impact of Intellectual Property Patent Rights on Developing Countries: An Examination of the Indian Pharmaceutical Industry, Nadia Natasha Seeratan
Theological Questions, Todd R. Hanneken
The Persistent Challenge of Gender and Law: Views From One Law School's Student Body, Reynaldo Anaya Valencia
The Qualified Privilege of Texas Lawyers to Defend Their Reputations., Clement J. Hayes
The Ratio Method: Addressing Complex Tort Liability in the Fourth Industrial Revolution, Harrison C. Margolin and Grant H. Frazier
The Real Doctrine & Covenants, Chad J. Pomeroy
THERE IS A LOT TO BE REPAIRED BEFORE WE GET TO REPARATIONS: A CRITIQUE OF THE UNDERLYING ISSUES OF RACE THAT IMPACT THE FATE OF AFRICAN AMERICAN REPARATIONS, Art Alcausin Hall
There Is Only One Texas Constitution, Joshua Morrow
The Role of Ethics Audits in Improving Management Systems and Practices: An Empirical Examination of Management-Based Regulation of Law Firms, Susan Saab Fortney
The Roles of Attorneys as Courtroom Experts: Revisiting the Conventional Limitations and Their Exceptions., David S. Caudill
The Termination of Parental Rights in Texas: The Long Run Cut Short for Parents in Bexar County, Gabriel A. Narvaez
The Texas Assessment of Academic Skills Exit Test–"Driver of Equity" or "Ticket to Nowhere?", Placido Gomez
The Thirteenth Amendment and One Hundred and Fifty Years of Struggle to Criminalize Slavery: A First Amendment Challenge to the Forced Labor Act (18 U.S.C. § 1589), Niles Stefan Illich
The Uniform Commercial Code Survey: Introduction, Colin P. Marks
The World Health Organization: A Weak Defender against Pandemics, Chenglin Liu
Tribute to Professor Bonita K. Roberts, David A. Schlueter
Undocumented Domestic Workers: A Penumbra in the Workforce, Abigail A. Roman
Un Enfoque Comparativo Sobre la Formacion de los Contratos Electronicos, Roberto Rosas
Unraveling the Cloth that Binds Latina Garment Workers in Texas: A Critical Analysis of the Texas Pay Day Act, Ina M. Minjarez
Well Enough Alone: Liability for Wrongful Foreclosure, Chad J. Pomeroy
“We” the Jury: The Problem of Peremptory Strikes as Illustrated by Flowers v. Mississippi, Kayley A. Viteo
What is it About Saying We're Sorry? New Federal Legislation and the Forgotten Promises of the Treaty of Guadalupe Hidalgo, Jon Michael Haynes
When is a Warranty Not a Warranty?: Deconstructing the Magnuson-Moss Warranty Act’s Narrow Definition of “Warranty”, Colin P. Marks
When Mental Health Meets “The One-Armed Man” Defense: How Courts Should Deal with McCoy Defendants, Farid Seyyedi
Why Lawyers Do What They Do (When Behaving Ethically), James Moliterno and John Keyser
Why the Injection of Race in Saldano v. State Constitutes Fundamental Error, Diana L. Hoermann
Why Your Secretary Is Really Worth a Million Dollars: Exploring the Harsh Penalty for Not Proofreading Your Fee Agreements in Anglo-Dutch Petroleum v. Greenberg Peden., James M. Parker Jr. and J.K. Leonard
Wilder/Dargent Collection about Peruvian Author Ricardo Palma (1833-1919), William R. Wilder SM, PhD
With Actual Knowledge Comes Lack of Materiality: Offering a Reasonable Bright-Line Rule for the Escobar Materiality Standard, Nicholas B. Goddard