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St. Mary's Law Journal

St. Mary's Law Journal

Current Issue: Volume 52, Number 2

ARTICLES

Texas: A Weak Governor State, or Is It?
Ron Beal

“Lawyers’ Work”: Does the Court Have a Legitimacy Crisis?
Lackland H. Bloom, Jr.

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

Campus Free Speech in the Mirror of Rising Anti-Semitism
Harry G. Hutchison

Appraising Problems, Not Stuff
Chad J. Pomeroy

COMMENTS

With Actual Knowledge Comes Lack of Materiality: Offering a Reasonable Bright-Line Rule for the Escobar Materiality Standard
Nicholas B. Goddard

Gundy v. United States: How Justice Gorsuch’s Dissent and Changing Judicial Philosophy in Federal Courts May Lead to a Revived Nondelegation Doctrine and Diminish the Purpose of the Administrative Procedure Act
Zachary Pfrang Olvera

Please pardon our dust as we migrate previous St. Mary's Law Journal files to this new website. If you need prior issues, please visit https://home.heinonline.org/titles/Law-Journal-Library/St-Marys-Law-Journal/?letter=S

Recent Content

Gundy v. United States: How Justice Gorsuch’s Dissent and Changing Judicial Philosophy in Federal Courts May Lead to a Revived Nondelegation Doctrine and Diminish the Purpose of the Administrative Procedure Act
Zachary Pfrang Olvera

With Actual Knowledge Comes Lack of Materiality: Offering a Reasonable Bright-Line Rule for the Escobar Materiality Standard
Nicholas B. Goddard

Appraising Problems, Not Stuff
Chad J. Pomeroy

Campus Free Speech in the Mirror of Rising Anti-Semitism
Harry G. Hutchison

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

“Lawyers’ Work”: Does the Court Have a Legitimacy Crisis?
Lackland Bloom

Texas: A Weak Governor State, or Is It?
Ron Beal

“We” the Jury: The Problem of Peremptory Strikes as Illustrated by Flowers v. Mississippi
Kayley A. Viteo

The Bumble Bill: A Critical Analysis on Texas’s New Law Taking Indecent Exposure Regulations Online
Ashley B. Huron

Bitcoin Searches and Preserving the Third-Party Doctrine
Christine A. Cortez

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 Militia: A Definition and Litmus Test
Marcus Armstrong

Ezra, Rehnquist, and St. Mary’s University
Lance Kimbro

Targeting the Texas Citizen Participation Act: The 2019 Texas Legislature's Amendments to a Most Consequential Law
Amy Bresnen, Lisa Kaufman, and Steve Bresnen

21 in the 21st—An Evaluation of the Tobacco Regulation Trend
Casey Kellum

Restoring the Presumption of Innocence: Protecting a Defendant’s Right to a Fair Trial by Closing the Door on 404(b) Evidence
Aaron Diaz

Reimagining the Philosophy of Evaluation, Assistance, and Certification (EAC) Project: The IALS Model Reform in Legal Education
Sreejith S.G.

Must a Friend Indeed Reveal a Friend’s Misdeed? Exploring the Merits of a Friendship Privilege
Michael D. Moberly

St. Mary’s University Institute on Chinese Law and Business: Remarkable Success in the First Ten Years
Robert H. Hu

As the Role of the Driver Changes with Autonomous Vehicle Technology, so, Too, Must the Law Change
Nanci K. Carr

The Right Stuff in Geospace: Using Mutual Coercion to Avoid an Inevitable Prison for Humanity
Sarah Louise Vollmer

Wayfair or No Fair: Revisiting Internet Sales Tax Nexus and Consequences in Texas
Jennifer Mendez Lopez

Beat the Heat: Texas’s Need to Reduce Summer Temperatures in Offender Housing
Mary E. Adair

Disappearing Act: Are Free Speech Rights Decreasing?
Michael Conklin

Ethical and Aggressive Appellate Advocacy: The Decision to Petition for Certiorari in Criminal Cases
J. Thomas Sullivan

The Army’s G-RAP Fiasco: How the Lives and Careers of Hundreds of Innocent Soldiers Were Destroyed
Jeffrey F. Addicott

Recognizing the Need for Mental Health Reform in the Texas Department of Criminal Justice
Kara McHorse

Strict Liability Upon Gunowners (SLUG): A Proposed Balanced Approach
David Louis

Borrowing American Ideas to Improve Chinese Tort Law
Yongxia Wang

The Conceptions of Self-Evidence in the Finnis Reconstruction of Natural Law
Kevin P. Lee

The Drive to Advise: A Study of Law Students at a Pro Bono Brief Advice Project
Linda F. Smith

Victim v. Victim Restitution: The Commingling Fictions
Andrew Kull

The Lasting Impacts of Mass Consumerism and the Disposable Culture: A Proposition for the Development of Plastic Shopping Bag Bans in Texas Law
David Brewster

Saving America’s Privacy Rights: Why Carpenter v. United States Was Wrongly Decided and Why Courts Should Be Promoting Legislative Reform Rather Than Extending Existing Privacy Jurisprudence
David Stone

Texas Landfills: The Need for Administrative Reform of the Texas Commission on Environmental Quality’s Permitting Process
William Todd Keller Jr.

Book Review
Roberto Rosas

Arthur C. Y. Yao (1906–2004): A Pioneer Chinese Professor at St. Mary’s University School of Law
Robert H. Hu

Superseding Money Judgments in Texas: Four Proposed Reforms to Help the Business Litigant and to Further Improve the Texas Civil Justice System
James Holmes

Autonomous Doctrine: Operationalizing the Law of Armed Conflict in the Employment of Lethal Autonomous Weapons Systems
Peter C. Combe II

Back to the Future: Marriage and Divorce Under the 2017 Tax Act
Mark Cochran

Unlimited Liability for Banks: Deposits as Fraudulent Transfers
Katherine Zampas

Combatting the Opioid Epidemic in Texas by Holding Big Pharma Manufacturers Liable
Katherine Spiser

Standards of Review in Texas
W. Wendell Hall and Ryan G. Anderson

My Friend—Lee H. Lytton
Leo Womack

Lee Hargis Lytton III: A Most Extraordinary, Interesting and Instructive Life
Robert Summers

City of San Antonio Presents Official Congratulations on the 50th Anniversary of the St. Mary’s Law Journal
Ron Nirenberg

Regulating Retirement: Understanding the Impact of New Best Interest and Fiduciary Standards on Retail Investors
Michael Lichtmacher

Texas, the Death Penalty, and Intellectual Disability
Megan Green

The Remarkable First 50 Women Law Graduates of St. Mary’s University: Part One
Regina Stone-Harris

Population Law and Policy: From Control and Contraception to Equity and Equality
Victoria Mather

Latino Education in Texas: A History of Systematic Recycling Discrimination
Albert H. Kauffman

Not Everybody Loves Raymond: How the Case of Raymond v. Raymond Made a Shambles of Interspousal Gift Presumptions and the Parol Evidence Rule in Matters of Texas Community Property
Pamela E. George

Article III Courts v. Military Commissions: A Comparison of Protection of Classified Information and Admissibility of Evidence in Terrorism Prosecutions
Mohamed Al-Hendy

The State of Texas Recognizes the 50th Anniversary of the St. Mary’s Law Journal
Greg Abbott

Peña-Rodriguez v. Colorado: Carving Out a Racial-Bias Exception to the No-Impeachment Rule
John Austin Morales

Federal Jurisdiction for Above-Ground Oil Storage Tanks: A Practical Analysis for Navigating Federal Regulations
Kathryn Hussong

Municipal Annexation Reform in Texas: How a Victory for Property Rights Jeopardizes the State’s Financial Health
Julie Polansky Bell

Making the Modern American Legal Profession, 1969–Present
Michael Ariens

The Practitioner’s Guide to Properly Responding to Requests for Disclosure Under the Texas Discovery Rules
Robert K. Wise and Kennon L. Wooten

Turning Points in the History of St. Mary’s University School of Law (1980–1988)
Vincent R. Johnson

The State of Texas Concurrent Resolution 19R474
José Menéndez and Four Price

Don't Delete That Tweet: Federal and Presidential Records in the Age of Social Media
Gabriel M. A. Elorreaga

The Impact of H.B. 214: A Critical Analysis of the Texas "Rape Insurance" Bill
Lucie Arvallo

An Oral History of St. Mary's University School of Law (1961–2018)
Charles E. Cantú

St. Mary's Law Journal Fiftieth Anniversary
John Cornyn

Happy Golden Anniversary, St. Mary's Law Journal!
Stephen M. Sheppard

50 Years of Excellence: A History of the St. Mary's Law Journal
Barbara Hanson Nellermoe

Insurance Appraisal in Texas and Its Place in Coverage Litigation
Brendan K. McBride, William J. Chriss, and Matthew R. Pearson

Holding Ridesharing Companies Accountable in Texas
Martha Alejandra Salas

Avian Jurisprudence and the Protection of Migratory Birds in North America
Marshall A. Bowen

Too Little Too Late: The Infeasibility of OSHA's Silica Standards in the Oil Industry
Cali M. Franks

Health Care Referrals out of the Shadows: Recognizing the Looming Threat of the Texas Patient Solicitation Act and Other Illegal Remuneration Statutes
Trenton Brown

The History, Meaning, and Use of the Words Justice and Judge
Jason Boatright

Hearsay in the Smiley Face: Analyzing the Use of Emojis as Evidence
Erin Janssen

A Status Update for Texas Voir Dire: Advocating for Pre-Trial Internet Investigation of Prospective Jurors
Luke A. Harle

Domestic Asset Tracing and Recovery of Hidden Assets and the Spoils of Financial Crime
Nathan Wadlinger, Carl Pacini, Nicole Stowell, William Hopwood, and Debra Sinclair

Sourcing Service Receipts for Franchise Tax Apportionment in Texas
Ray Langenberg and Matt Jones

Sky Is the Limit: Protecting Unaccompanied Minors by Not Subjecting Them to Numerical Limitations
Deborah S. Gonzalez Esq.

Finality of a Conviction: A Noncitizen's Right to Procedural Due Process
Daniela Mondragon

Plata o Plomo: Effect of Mexican Transnational Criminal Organizations on the American Criminal Justice System
Mark M. McPherson

Undocumented Citizens of the United States: The Repercussions of Denying Birth Certificates
Anna L. Lichtenberger

Getting Local Governments Where They Need to Go Without Taking Taxpayers for a Ride: "CABs," Why They Are Used, and What Can Be Done to Prevent Their Misuse
Heather G. White

Deterrence
David Crump

In Memory of Roderick Glen Ayers, Jr. (1947–2017), Professor of Law, St. Mary's University School of Law
Craig A. Gargotta and William R. "Dick" Davis Jr.

First They Came for the Child Pornographers: The FBI's International Search Warrant to Hack the Dark Web
Zoe Russell

Network Investigation Techniques: Government Hacking and the Need for Adjustment in the Third-Party Doctrine
Eduardo R. Mendoza

What if the International Criminal Court Could Prosecute President al-Assad for the Chemical Weapon Attacks in Ghouta?
Paul Cho

Reforming Military Justice: An Analysis of the Military Justice Act of 2016
David A. Schlueter

Gay Rights Versus Religious Freedom, and the Influence of Obergefell v. Hodges on Distinguishing the Dividing Line
Kathleen Rainey McStravick

The Amplified Need for Supreme Court Guidance on Student Speech Rights in the Digital Age
William Calve

Hurrah for the Consumer Financial Protection Bureau: Consumer Arbitration as a Poster Child for Regulation
Jean R. Sternlight

The CFPB Anti-Arbitration Proposal: Let's Just Give Arbitration a Chance.
Ramona L. Lampley

"What We Lose in Sales, We Make Up in Volume": The Faulty Logic of the Financial Services Industry's Response to the Consumer Financial Protection Bureau's Proposed Rule Prohibiting Class Action Bans in Arbitration Clauses
Richard Frankel

Filming the Police: An Interference or a Public Service
Aracely Rodman

KCON XI Essay Introduction: Compulsory Arbitration and Adhesion Contracts in the Age of Donald Trump
Peter Linzer

Fourth Amendment Implications of Police-Worn Body Cameras
Erik Nielsen

The Right to Be Forgotten: Comparing U.S. and European Approaches
Samuel W. Royston

Interlocutory Appeals in Texas: A History
Elizabeth Lee Thompson

The Development of Chinese Constitutionalism
Chenglin Liu

Time to Repair the Chain: Void Deeds, Subsequent Purchasers, and the Texas Recording Statutes
Richard E. Flint

X-Factoring: Why the Texas Supreme Court Should Revisit Its Examination of Paid or Incurred Medical Expenses
Zachary J. Lee

In Memory of Thomas Bowman Black (1928–2016), Professor of Law, St. Mary's University School of Law (1974–1988)
David Dittfurth

In Memory of Joe E. Anderson (1928–2016), Professor of Law, St. Mary's University School of Law
Michael S. Ariens