St, Mary's University School of Law Faculty Scholarship | School of Law Faculty Scholarship | St. Mary's University
 
Explore the scholarship from the law faculty at St. Mary's University School of Law.

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Submissions from 2014

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Tocqueville's Nightmare: The Administrative State Emerges in America, 1900-1940 (book review), Michael Ariens

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A Death at Crooked Creek: The Case of the Cowboy, the Cigarmaker, and the Love Letter, by Marianne Wesson (book review), Michael S. Ariens

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Against the Profit Motive: The Salary Revolution in American Government, 1780–1940 (book review), Michael S. Ariens

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Lost and Found: David Hoffman and the History of American Legal Ethics, Michael S. Ariens

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Mismatch: How Affirmative Action Hurts Students It’s Intended to Help, and Why Universities Won’t Admit It (book review), Michael S. Ariens

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The Agony of Modern Legal Ethics, 1970–1985, Michael S. Ariens

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The Collini Case: A Novel (book review), Michael S. Ariens

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The Invention of Murder: How the Victorians Revelled in Death and Detection and Created Modern Crime (book review), Michael S. Ariens

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The Texas Supreme Court: A Narrative History, 1836–1986 (book review), Michael S. Ariens

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Scientific, Legal, and Ethical Foundations for Texas Water Law., Gabriel Eckstein and Amy Hardberger

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Mandamus Review of the Granting of the Motion for New Trial: Lost in the Thicket, Richard E. Flint

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Spine Bending: The Favorite Novels of Law Librarians, Stacy Fowler

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An Uprising of Civility in Texas, David A. Grenardo

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Why Should I Become An Associate At A Large Law Firm? And If I Do, Then What Should I Expect And How Do I Succeed?, David A. Grenardo

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Water is a Girl’s Best Friend: Examining the Water Valuation Dilemma, Amy Hardberger

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Father, Son, and Constitution: How Justice Tom Clark and Attorney General Ramsey Clark Shaped American Democracy, by Alexander Wohl (book review), Vincent R. Johnson

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Minimizing the Costs of Patent Trolling, Vincent R. Johnson

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Punitive Damages, Chinese Tort Law, and the American Experience, Vincent R. Johnson

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The Dignity of the Human Person: Catholic Social Teaching and the Practice of Criminal Punishment, Dora W. Klein

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Escaping Liability via Forum Non Conveniens: ConocoPhillips's Oil Spill in China, Chenglin Liu

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The Possibility of Private Rights and Duties, Adam J. MacLeod

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Universities as Constitutional Law Makers (and Other Hidden Actors in Our Constitutional Orders), Adam J. MacLeod

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Collateral Damage: Protecting Cultural Heritage in Crimea and Eastern Ukraine, Zoe Niesel

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King Tut and Tahrir Square: The Egyptian Revolution of 2011 and the Advantage of Viewing Cultural Heritage Destruction through a Right to Culture Lens, Zoe Niesel

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The Shape of Property, Chad J. Pomeroy

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Think Twice: Charging Orders and Creditor Property Rights, Chad J. Pomeroy

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From the War on Poverty to Pro Bono: Access to Justice Remains Elusive for Too Many, including Our Veterans, Patricia E. Roberts

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Canon 1095 and the Dignitas Connubii: The Role of Consent, Incapacity, and Psychic Anomalies in Cases of Matrimonial Nullity, Roberto Rosas

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The Law of the Church in the Nullity of Marriage due to Causes of Psychic Nature, Roberto Rosas

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Trademarks under the North American Free Trade Agreement (NAFTA), with References to the Current Mexican Law, Roberto Rosas

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The American Legal Profession in the Twenty-First Century, Stephen M. Sheppard

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The Second Amendment Implications of Regulating 3D Printed Firearms, Michael L. Smith

Submissions from 2013

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Targeted Killing - Death by Drone, Jeffrey F. Addicott

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The Strange Case of Lieutenant Waddell: How Overly Restrictive Rules of Engagement Adversely Impact the American War Fighter and Undermine Military Victory, Jeffrey F. Addicott

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Inside the Castle: Law and Family in 20th Century America, by Joanna L. Grossman and Lawrence M. Friedman (book review), Michael S. Ariens

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Teaching American Legal History Through Storytelling, Michael S. Ariens

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The Lawyer Bubble: A Profession in Crisis, by Stephen J. Harper (book review), Michael S. Ariens

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Lafler and Frye: A New Constitutional Standard for Negotiation, Rishi Batra

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Providing Dispute Resolution Expertise to the Community, Rishi Batra

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Oil, Gas, and Mineral Titles: Resolving Perennial Problems in the Shale Era, Laura H. Burney

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“Owner Finance! No Banks Needed!” Consumer Protection Analysis of Seller-Financed Home Sales: A Texas Case Study, Genevieve Hebert Fajardo

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Secured Transaction History: Protecting Holmes’ Notes Through the Conditional Sales Acts, George Lee Flint Jr

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Texas Annual Survey: Securities Regulation, George Lee Flint Jr

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Enforcing Civility: Holding Attorneys to a Higher Standard of Conduct, David A. Grenardo

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How Low Can You Go? Analyzing Deposition Misconduct and Avoiding Common Deposition Mistakes, David A. Grenardo

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Making Civility Mandatory: Moving from Aspired to Required, David A. Grenardo

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Turnover Actions and the “Floating Check” Controversy, David R. Hague

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Powering the Tap Dry: Regulatory Alternatives for the Energy-Water Nexus, Amy Hardberger

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World’s Worst Game of Telephone: Attempting to Understand the Conversation Between Texas’s Legislature and Courts on Groundwater, Amy Hardberger

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What is the Matter with Antigone?, Emily A. Hartigan

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Legal Malpractice in a Changing Profession: The Role of Contract Principles, Vincent R. Johnson

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The CISG After a Generation (book review), Vincent R. Johnson

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The Rule of Law in China and the Prosecution of Li Zhuang, Vincent R. Johnson and Stephen C. Loomis

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The Barriers and Route to Texas School Finance Equity, Albert H. Kauffman

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The Costs of Delay: Incompetent Criminal Defendants, Involuntary Antipsychotic Medications, and the Question of Who Decides, Dora W. Klein

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The Price of Justice: An Analysis of the Costs that are Appropriately Considered in a Cost-based Vindication of Statutory Rights Defense to an Arbitration Agreement, Ramona L. Lampley

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Economic Justice and the Internal Point of View, Adam J. MacLeod

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Not What, but When is an Offer — Rehabilitating the Rolling Contract, Colin P. Marks

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Confronting the Myth of State Court Class Action Abuses through an Understanding of Heuristics and a Plea for More Statistics, Patricia W. Moore

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Border Wars & The New Texas Navy: International Treaties, Waterways, And State Sovereignty After Arizona v. United States, Bill Piatt and Rachel Ambler

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Why is Property so Hard?, Chad J. Pomeroy

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The Promise of Things to Come: Anticipatory Warrants in Texas, Gerald S. Reamey

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The Co-Author Prenup, David A. Schlueter

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The Military Justice Conundrum: Justice or Discipline?, David A. Schlueter

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40th Anniversary of Roe v. Wade: Reflections Past, Present and Future, Linda L. Schlueter

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Prosecuting the Undead: Federal Criminal Law in a World of Zombies, Michael L. Smith

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Search Engine Liability for Autocomplete Defamation: Combating the Power of Suggestion, Michael L. Smith

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Second Amendment Challenges to Student Housing Firearms Bans: The Strength of the Home Analogy, Michael L. Smith

Submissions from 2012

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Cyber Security and the Government/ Private Sector Connection, Jeffrey F. Addicott

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Labeling Mexican Cartels as Terrorist Organizations, Jeffrey F. Addicott

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Rightly Dividing the Domestic Jihadist from the Enemy Combatant in the “War Against Al-Qaeda” – Why it Matters in Rendition and Targeted Killings, Jeffrey F. Addicott

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Resolving Disputed Elections through Negotiation, Rishi Batra

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Restitution in Texas: Civil Liability for Unjust Enrichment, David A. Dittfurth

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Consumer Bankruptcy Policy: Ability to Pay and Catholic Social Teaching, Richard E. Flint

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Tales From the Abyss: What Does It Take To Get Disbarred These Days?, David A. Grenardo

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What Every Guarantor Should Know About the One-Action Rule and Deficiency Actions, David R. Hague

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Higher Education, Corruption, and Reform, Vincent R. Johnson

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Judge Bernard S. Meyer: First Merit Appointee to the New York Court of Appeals, Vincent R. Johnson

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On the Abuse and Limits of Lawyer Discipline, Vincent R. Johnson

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Malpractice Liability Related to Foreign Outsourcing of Legal Services, Vincent R. Johnson and Stephen C. Loomis

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The Mentally Disordered Criminal Defendant at the Supreme Court: A Decade in Review, Dora W. Klein

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When Coercion Lacks Care: Competency to Make Medical Treatment Decisions and Parens Patriae Civil Commitments, Dora W. Klein

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Leaving the FDA Behind: Pharmaceutical Outsourcing and Drug Safety, Chenglin Liu

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The Irony of AT&T v. Concepcion, Colin P. Marks

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The End of the Beginning - A Comprehensive Look at the U.N.'s Business and Human Rights Agenda from a Bystander Perspective, Jena Martin

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An Updated Quantitative Study of Iqbal's Impact on 12(B)(6) Motions, Patricia W. Moore

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Reinventing the Wheel: Constructing Ethical Approaches to State Indigent Legal Defense Systems, Bill Piatt

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A Theoretical Case for Standardized Vesting Documents, Chad J. Pomeroy

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Allegedly “Biased,” “Intimidating,” and “Incompetent” State Court Judges and the Questionable Removal of State Law Class Actions to Purportedly “Impartial” and “Competent” Federal Courts—A Historical Perspective and an Empirical Analysis of Class Action Dispositions in Federal and State Courts, 1925-2011, Willy E. Rice

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Fire Losses and Conflicting Judicial Rulings over Whether Property Insurers Must Indemnify Insureds and Pay Third-Party Claims - Some Implications for Wildfire Litigation in Texas's Courts, Willy E. Rice

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The Court of Appeals for the Fifth Circuit: A Selective Review and Analysis of the Panels' 2010-2011 Insurance-Law Opinions, Willy E. Rice

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Perils and Pontifications: Reflections on the Failures and Joys of a Law Teacher, John W. Teeter Jr

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Mexican Children of U.S. Citizens: “Viges Prin” and Other Tales of Challenges to Asserting Acquired U.S. Citizenship, Lee J. Teran

Submissions from 2011

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A Judge in Full: Wallace Jefferson of Texas, Michael S. Ariens

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Texas Annual Survey: Securities Regulation, George Lee Flint Jr

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Take One Step Forward: Federal Courts Continue To Find That Volunteers Are Shielded From Retaliation Based On Protected Speech Under The First Amendment, David A. Grenardo

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The Energy-Water Nexus in Texas, Amy Hardberger, Ashlynn Stillwell, Carey King, Michael Webber, and Ian Duncan

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Credit-Monitoring Damages in Cybersecurity Tort Litigation, Vincent R. Johnson

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Legal Malpractice Litigation and the Duty to Report Misconduct, Vincent R. Johnson

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On Race, Gender, and Radical Tort Reform: A Review of Martha Chamallas & Jennifer B. Wriggins, The Measure of Injury: Race, Gender, and Tort Law, Vincent R. Johnson