Current Issue: Volume 53, Number 2
Revisiting the History of the Independent State Legislature Doctrine
Hayward H. Smith
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
Judicial Federalism and the Appropriate Role of the State Supreme Courts: A 20-year (2000–2020) Study of These Courts’ Interest Evaluations of the Fruits and the Attenuation Doctrines
Dannye R. Holley Mr.
Justifying the Supreme Court’s Standards of Review
R. Randall Kelso
Alexa Hears with Her Little Ears—But Does She Have the Privilege?
Lauren Chlouber Howell
The Ratio Method: Addressing Complex Tort Liability in the Fourth Industrial Revolution
Harrison C. Margolin and Grant H. Frazier
Professor Bonita K. Roberts—A Colleague and a “Conscience”
A “License to Kale”—Free Speech Challenges to Occupational Licensing of Nutrition and Dietetics
Taylor J. Newman and Angela E. Surrett
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
Campus Free Speech in the Mirror of Rising Anti-Semitism
Harry G. Hutchison
Bitcoin Searches and Preserving the Third-Party Doctrine
Christine A. Cortez
Targeting the Texas Citizen Participation Act: The 2019 Texas Legislature's Amendments to a Most Consequential Law
Amy Bresnen, Lisa Kaufman, and Steve Bresnen
Wayfair or No Fair: Revisiting Internet Sales Tax Nexus and Consequences in Texas
Jennifer Mendez Lopez
Disappearing Act: Are Free Speech Rights Decreasing?
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
Unlimited Liability for Banks: Deposits as Fraudulent Transfers
The Practitioner’s Guide to Properly Responding to Requests for Disclosure Under the Texas Discovery Rules
Robert K. Wise and Kennon L. Wooten
Don't Delete That Tweet: Federal and Presidential Records in the Age of Social Media
Gabriel M. A. Elorreaga
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
The History, Meaning, and Use of the Words Justice and Judge
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
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.
"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
Filming the Police: An Interference or a Public Service
The Right to Be Forgotten: Comparing U.S. and European Approaches
Samuel W. Royston
Introduction Student Symposium - Texas Land Titles: Part II - Introduction.
Aloysius A. Leopold
Parol Evidence to Prove Resulting Trusts.
Mance M. Park
Try, Try, again - A Proposal to Limit the Scope of New Trials in Texas.
Jack Pope and Daniel J. Sheehan Jr.
Covenant of Warranty Student Symposium: Texas Land Titles.
Barbara E. Rosenberg
Registration of Deeds Student Symposium - Texas Land Titles.
David C. Pennella
Introduction Student Symposium - Texas Land Titles - Introduction.
Aloysius A. Leopold
Purchased Gas Adjustment Clauses: An Adjuster's Viewpoint.
G. William Fowler
Alaska Durational Residency Requirement Held Unconstitutional.
John R. Lenahan Jr.
Strict Liability Is Imposed upon Supplier of Chattel under Lease.
Frank J. Cavico Jr.
Constitutional Standards for Applying the Plain View Doctrine.
Bennie F. Steinhauser Jr.
The Assigned Risk in Texas: The Questions of Agency and Absolute Liability.
Timothy Tynan Griesenbeck Jr.
Defense Counsel and the First Amendment: A Time to Keep Silence, and a Time to Speak.
Jeffrey Cole and Michael I. Spak
Approaches to the Regulation of Franchises, Founder-Member Contracts, and Referral Sales Agreements Student Symposium - Interpreting the Statutory Definition of a Security: Some Pragmatic Considerations.
Patrick K. Sheehan
Classification Problems with Daily and Seasonal Commuters.
Thaddeus R. Lorentz
Owner in Texas Not Precluded from Providing Additional Security.
Airport Security Measures Allow Warrantless Search of Checked Luggage.
Robert M. Spurlock
The Commingling of Separate and Community Funds: The Requirement of Tracing in Texas.
Charles J. Fitzpatrick
Comparative Negligence: An Exercise in Applied Justice.
Wayne Fisher, James Nugent, and Craig Lewis
Constructive Knowledge of Defective Condition Is Imposed upon Landowner.
A. Chris Heinrichs
State Trade Secret Law May Not Grant Privileges Denied by Federal Patent Law.
Margaret Gray Knodell
Limitation on Artificial Accounting Losses (LAL): Another Assault on the Tax Shelter.
Jeffrey Clarke Anderson
Negligence Per Se and Excuse for a Statutory Violation in Texas.
Frank Bivin Murchison
Reduction and Exclusion Clauses in Uninsured Motorist Coverage.
Royal H. Brin Jr.
A Further Liberalization of the Minimum Contracts Requirement.
James P. Brennan
The Clouded Issue in Public Welfare: Right v. Privilege.
Judith Harris Brown
Problems in Upholding the Standard for Female Employees.
Michael H. Bailey
Public Impairment of Right to Access Is Compensable.
Larry W. Harrison
A Prejudgment Remedy Myst Provide Notice and a Prior Hearing.
Michael J. Noonan
The Texas Legislature Has No Authority to Exempt from Ad Valorem Taxation a Fraternal Organization's Property Which Is Being Used for Non-Charitable Activites, Unless Such Use Is in Furtherance of a Charitable Purpose.
Tommy Mac Gumroy
When an Employee Is Loaned, Both the General and Special Employers Are Liable for the Tortious Acts of That Employee on the Basis of the Public Policy Which Places Liability on the Employing Persons or Firms Which Can Best Insure against the Risk, Guard against It, and Which Can Most Accurately Predict the Cost of the Risk and Allocate Such Cost Directly to the Consumer.
James A. Childress
Absent Provisions in a Collective-Bargaining Contract or the Union's Constitution or Bylaws Restricting a Union Member's Right to Resign, any Imposition of Fines upon Employees Who Resign from the Union Prior to Breaking Strike Rules Is an Unfair Labor Practice under Section 8(b)(1)(A) of the National Labor Relations Act .
John S. Strickland
The United States Government Breached Its Fiduciary Duty by Paying Oklahoma Estate Tax on the Property of a Noncompetent Osage Indian without Determining Whether Intervening Cases and Internal Revenue Rulings Had Removed the Requirement for Paying the Tax.
Phyllis Wilson Gainer
Although Judges and Quasi-Judicial Officers Are Immune from Action for Damages under the Civil Rights Statutes for Acts Accomplished in the Discharge of Their Official Duties, When a Class Discrimination Is Alleged, Both Judicial and Quasi-Judicial Officers May Be Mandatorily Enjoined from Further Infringement upon the Rights of the Complaining Class.
Adrian Gregory Acevedo
Where Emotional Stress and Strain Arising from an Automobile Accident Are Superimposed upon a Dormant Heart Condition So as to Cause Death, Recovery May Be Had under the Provisions of an Insurance Policy Insuring against Accidental Bodily Injury and Death.
Patricia Koch Irvine
The Condemnor Has the Right to Show the Reasonably Foreseeable and Probable Uses of the Tract Condemned So That the Jury May Consider This Factor with All Other Matters in Reaching a Market Value Determination Respecting the Remainder Tract.
Stephen Bond Paxson
1) A Consent to a Search and Seizure Can Be Shown When Words Constituting Consent Are Given after Officers Allege They Have Possession of a Search Warrant; 2) The Right of Confrontation Is Not Violated When an Out of Court Confession of a Third Person Is Introduced at Trial and Implicates the Accused.
Michael L. Vaughn
Under a 99-Year Lease, a Lessor, Who Permitted, but Did Not Require, His Lessee to Demolish His Buildings and Construct New Improvements, Was Entitled to a Deductible Demolition Loss under Section 165 of the Internal Revenue Code of 1954.
Where an Employee Is Injured in a Case for Which Compensation Is Payable under Circumstances Creating Liability in Some Party Other Than the Compensation Subscriber, the Employee Must Make an Election to Proceed against the Third Party or the Compensation Carrier within Two Years from the Date of the Accident.
Myron E. East Jr.
A Complaint under the Robinson-Patman Act Need Not Allege That One of the Sales Involved Was Interstate in Character as Long as It Charges That Interstate Sales Were Used to Underwrite Allegedly Discriminatory Intrastate Price-Cutting Tactics.
Michael D. Wagner
Evidence of an Extraneous Offense Offered to Rebut a Defensive Theory Urged by the Defendant Is Admissible Even Absent a Showing That the Defendant Was the Perpetrator of the Extraneous Offense.
Daniel J. Sheehan Jr.
A Discharged Attorney Is Limited to Quantum Meruit Recovery for the Reasonable Value of His Services and the Right of Recovery under a Contingent Fee Contract Does Not Accrue until the Occurrence of the Contingency.
Sean P. Martinez
Relatives' Responsibility Law Requiring Financially Able Adult Children to Contribute to the Support of Their Needy Parents Has a Rational Relation to a Conceivably Legitimate State Purpose and Does Not Transgress the Constitutional Equal Protection Guarantee.
Garvin P. Stryker
The Admissibility of Gruesome Photographs in a Criminal Trial Is Based on Their Competency, Materiality, and Relevancy to the Issue on Trial and Are Admissible If a Verbal Description of the Scene of the Crime Would Be Admissible, Unless the Photographs Are Offered Solely to Inflame the Minds of the Jury.
Steven M. Lee
Imprisonment Constitutes Abandonment Such as Is Contemplated by the Adoption Statutes So as to Dispense with the Consent of a Natural Father in an Adoption Proceeding for His Child, and Failure to Support Due to Imprisonment Dispenses with the Right of the Natural Parent to Object to an Adoption Proceeding for His Child.
Charles J. Bondurant
Benefits vs. Money as Compensation in a Partial Taking.
Shelby A. Jordan
The Definition of Indigency: A Modern-Day Legal Jabberwocky.
Charles E. Evans
Corporate Taxation in 1971; Something New, Something Old.
Malcolm L. Shaw
When a Servant Is Following the Express Orders of His Master by Going to Work in His Own Automobile, but It Is Not within Usual Working Hours and Not for the Performance of Regular Duties, the Special Errand Rule May Be Applied in Determining the Necessary Venue Facts under Article 1995.
Edward K. Gurinsky
The Pyramiding of Presumptions and Inferences in Texas.
Carlos S. Cadena
Constitutional and Statutory Provisions Concerning Voter Qualifications as Consistently Construed by Texas Decisions, Do Not Violate But Strengthen the Equal Protection Clause of the Fourteenth Amendment.
The Texas Aeronautics Commission and Its Rate Regulating Function.
Richard Gary Thomas
When a Specific Governmental Function Is Carried out by Heavily Subsidized Private Firms or Individuals Whose Freedom of Decision-Making Has, by Contract and the Reserved Governmental Power of Continuing Oversight, Been Circumscribed Substantially More Than That Generaly Accorded an Independent Contractor, the Coloration of State Action Fairly Attaches - As Far as These Tenants Were Concernced, the Landlord Could Not Evict Them for Exercising Their First Amendment Rights.
Lawrence E. Noll
Amalgamation of Interlocutory Orders into One Final Judgment.
Orville C. Walker
A Group of Consumers Who Have Bought Merchandise under Installment Contracts May Maintain a Class Action Seeking Recission of the Contracts for Fraudulent Misrepresentations on Behalf of Themselves and Others Similarly Situated.
John E. Murphy
1) A Child Beneath the Age of Five Charged with Contributory Negligence Cannot Be Negligent as a Matter of Law; 2) A Defendant Is Entitled to a Definition and Explanatory Charges of Unavaoidable Accident by Reason of the Child Plaintiff Being Incapable of Negligence; 3) Sole Proximate Cause Is Immaterial to the Function of the Sudden Emergency Doctrine; 4) Unavoidable Accident and Sudden Emergency Are No Longer Subject to Special Issue Submission.
Herbert E. Dickey Jr.
A Defendant's Testimony, Which Is Expounded on Direct Examination or Elicited on Cross-Examination, May Be Rebutted by the Prosecution's Introduction of Evidence, Obtained in Violation of Gideon, for the Purpose of Impeaching the Defendant's Credibility, Regardless of Whether Such Evidence Pertains to a Collateral Matter or Is Directly Related to the Crime in Question.
Russell C. Busby
The Reasonable Necessity Limitation Extends to the Superadjacent Air Space and the Reasonableness of a Surface Use by the Lessee Is to Be Determined by a Consideration of the Circumstances of Both the Mineral Lessee and the Owner of the Surface Estate, But the Issue Is Not a Question of Inconvenience to the Surface Owner.
Peter R. Tinsley
A Public School Financing System Which Relies Heavily on Local Property Taxes and Causes Substantial Disparities among Individual School Districts in the Amount of Revenue Available Per Pupil for the District's Educational Grants Invidiously Discriminates against the Poor and Violates the Equal Protection Clause of the Fourteenth Amendment.
Lawrence J. Blume
The Mere Announcement of Impending Condemnations, Coupled as It May Well Be with Substantial Delay and Damage, Does Not, in the Absence of Other Acts Which May be Translated into an Exercise of Dominion and Control by the Condemning Authority, Constitute a Taking so as to Warrant Awarding Compensation.
Shelby A. Jordan
A Medical Partnership Owes a Duty to the Families of Its Patients to Exercise Ordinary Care to Prevent a Partner or Employee, Who Is Acting outside the Ordinary Course of Business, from Tortiously Interfering with Family Relations, While the Partner or Employee Is on the Premises of the Clinic or Purportedly Acting as a Representative of the Partnership Elsewhere.
Jan Weaver Busby
A General Power of Appointment Created after 1942 by the Will of the Donor Is Taxable to the Estate of the Donee without Regard to Probate of Donor's Will Where the Donor and Donee Were Killed Simultaneously under Circumstances Where the Survivor Could Not Be Determined.
Charles R. Billings
San Quentin Prison Officials Are Permanently Enjoined from Enforcing or Using Disciplinary Proceedings Which Deprive Prisoners of Their Constitutional Rights for the Reason That They Violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment.
Arthur R. Thormann Jr.
Intended Use Doctrine: Cautionary Labeling Is Both Permitted and Required by the Statute and Prohibition of Sales in Toy Stores or Store Departments Dealing Predominantly in Toys or Children's Articles Is a Reasonable Method to Assure against Use by Children Not Likely to Heed Warnings for Safe Use.
The Statute of Limitations Does Not Begin to Run against the Right to Recover from a Treating Physician for Malpractice Involving a Misdiagnosis until the Injured Patient Knows or Should Have Known of the Physician's Negligence.
Gary B. Weiser
Confessions Given More Than Six Hours after Arrest during a Delay in Arraignment Are Admissible under 18 U.S.C. 3501(c), Although the Trial Judge under Subsection 3501(b) May Take into Account Delay in Arraignment in His Determination of Voluntariness.
Keith E. Kaiser
Arbitration in the Settlement of Jurisdictional Disputes.
Louis A. Cappadona
The Texas Limited Partnership as a Vehicle for Real Estate Investment.
Robert Leon Sonfield Jr.
The Exclusionary Rule Is Not Applicable in a Parole Revocation Proceeding.
Edward Raymond Woolery-Price
The Attorney-Client Privilege Has Viability for the Corporate Client in a Suit Brought against It by Its Stockholders - The Privilege, However, Is Subject to the Right of the Stockholders to Show Good Cause Why It Should Not Be Invoked in the Particular Instance.
An Appropriator Acquires a Vested Right in the Beneficial Use of Water Allocated to Him but Does Not Acquire a Vested Right to the Non-Use of Water Thus Allocated - Article 7519A Is a Retroactive Law Not Prohibited by the Texas Constitution Because It Does Not Operate as a Deprivation of a Vested Right.
Richard Gary Thomas
Where Strong Evidence of Actual Guilt Substantially Negated Defendant's Claim of Innocence and Provided Strong Factual Basis for the Guilty Plea, Defendant Being Represented by Competent Counsel, Court Committed No Constitutional Error in Accepting Guilty Plea despite Defendant's Claim of Innocence and Fear of Death Penalty, and Such Was Voluntarily and Intelligently Pleaded.
P. Blake Hedblom
The Executor's and Administrator's Statutory Compensation in Texas.
Ben G. Sewell and Paul W. Nimmons Jr.
Aerial Photography Is an Improper Means of Acquiring a Trade Secret When Countervailing Defenses Are Not Reasonably Available to the Owner of the Trade Secret and Trade Secrets May Be Properly Discovered Only by Reverse Engineering, Independent Research or if the Owner Voluntarily Reveals the Secret.
Ronald R. Winfrey
On Its Own Motion, the Commission Can Reopen Proceedings for Reconsideration of a Previously Denied Application for a Certificate of Public Convenience and Necessity on the Existing Record.
G. William Fowler
Ice Cream Truck Vendor Has Duty of Due Care to Protect His Minor Business Invitees; Whether He Breaches This Duty and, if So, Whether Such Breach Is the Proximate Cause of a Patron's Injury Is a Fact Question, Precluding Summary Judgment.
Charles J. O'Connor
The Absolute Defense of Interspousal Immunity in Actions for Tort is Abrogated Prospectively, as to All Causes of Action Arising after This Date, and is Abrogated as to the Instant Cases.
Keith E. Kaise
When the Promisor Assumes Primary Responsibility and His Leading Object Is to Serve Some Interest or Purpose of His Own, Notwithstanding the Effect Is to Pay or Discharge the Debt of Another, the Oral Promise Is Not within the Statute of Frauds.
Alan Jay Rich
A Surviving Joint Owner's Interest in Bank Account Is Not Taxable under Tex. Tax.
Anthony N. DeLuccia Jr.
Child Benefits Acquired under Adoption by Estoppel - Children Not Legally Adopted According to Statute Are Nevertheless Adopted by Adoptive Parents under the Doctrine of Adoption by Estoppel and Entitled to Child Benefits under the Social Security Act.
Imprisonment of an Indigent Defendant for Failure to Pay a Fine Constitutes an Invidious Discrimination, on the Basis of Wealth, Violating the Equal Protection Clause of the 14th Amendment.
William F. McQuillen
As a Matter of Law, Carrier Had Fulfilled Its Duty to Passengers When Its Driver after Warning Certain Passengers to Quieten Down, Left the Bus to Summon the Police, and a Passenger Was Injured in His Absence, as There Was No Duty to Remove, Restrain, or Eject Assailant.
Donato D. Ramos
The Realities of Contemporary Rental Agreements Require the Application of Implied Warranty of Habitability and Fitness as a Just and Necessary Implication from the Contractual Nature of a Lease of a Dwelling.
V. Camp Cuthrell
Advantages and Pitfalls for Texas Professional Corporations.
Leonard Leighton and Edgar M. Duncan
An Appeal from Judgment Entered Pursuant to Texas Rule of Civil Procedure 174(b), Separate Trials, is Interlocutory and There is No Basis for Treating an Order for a Separate Trial as an Order of Severance.
James A. Smith
There is no Abandonment of an Easement Taken by Eminent Domain Unless There is an Intention to Abandon the Easement Prior to the Taking by Eminent Domain; Therefore the Easement Owner at the Time of Taking is Entitled to the Award.
J. M. Holbrook
Vernon's Annotated Texas Civil Statutes Article 2338-1, Section 3(f), Defining Delinquent Child as One Who Habitually So Deports Himself as to Injure or Endanger the Morals or Health of Himself or Others, is Not Unconstitutionally Vague.
For Suspension of Driver's License to be Ordered under the Motor Vehicle Security Responsibility Law, It Must be Determined Whether There Is Reasonable Possiblity That Judgment May be Recovered against the Driver in Question.
John A. Pizzitola
Statutory Presumption of Illegal Importation of Cocaine is Unconstitutional.
Ricardo D. Palacios
Informing a Jury of the Legal Effect of Its Answers.
James G. Denton
Provisions of Jones Act Applicable So as to Allow Recovery to Alien Seamen Injured in a United States Port on a Foreign Flag Vessel Owned and Controlled by United States Alien Domiciliaries.
In Construing Sufficient Cause of Texas Rule of Civil Procedure 329b(5), the Requisites for Equitable Relief in a Garnishment Default Judgment Are (1) A Meritorious Defense, (2) Lack of Fault by Garnishee in Failing to Answer, (3) and Fraud or Wrongful Act of the Other Party in Preventing Garnishee from Defending the Action.
Karen J. Ruble
Res Ipsa Loquitur in Texas: The Element of Superior Knowledge.
Harvey R. Levine
Motions for Production of Documents - Texas Style .
Eugene B. Labay
The Original Writ of Mandamus in the Supreme Court of Texas.
James R. Norvell and Ronald L. Sutton
Oral Contract to Furnish Labor and Materials to Construct Houses to the Shell Homes Stage, Second Stage of Three Stages of F.H.A. Inspection, Was Not General Contract for Purpose of Relation Back of Mechanics' and Materialmen's Statutory Liens.
Robert Michael Clark
The Doctrine of Charitable Immunity Does Not Bar the Suit of a Paying Patient Seeking to Recover Damages Sustained as a Result of Negligence on the Part of an Agent, Servant or Employee of a Charitable Hospital.
Residence Requirements Constitute an Invidious Discrimination Denying Applicants Equal Protection of the Laws, Violate the Due Process Clause of the Fifth Amendment, and Place a Chilling Effect on the Right of Interstate Travel.
Angelo P. Parker
Supreme Court of Texas is without Jurisdiction to Grant a Writ of Mandamus to Direct a District Judge to Dismiss an Indictment in a Criminal Case on the Ground that Relator was Denied a Speedy Trial.
John A. Pizzitola
The Two Year Statute of Limitations is Tolled by the Defendant's Absence from the State after the Accrual of the Action, Notwithstanding the Availability of a Statute Providing for Substitute Service of Process.
Joe M. Westheimer Jr.
Tort Action Arose out of Automobile Collision in Which Failure of Plaintiff to Wear Seat Belts Gave Rise to a Concept of Mitigation of Damages Rather Than Contributory Negligence.
Clifford I. Weinstein
To Insure Due Process and Equal Protection, Such Facts as Are Necessary to Adjudicate a Child Delinquent Must be Proved beyond a Reasonable Doubt Rather Than by a Preponderance of the Evidence.
G. P. Hardy III
Manufactured Diversity of Citizenship by Which an Out-of-State Guardian Was Selected to Prosecute the Suit of a Resident Minor, Did Not Constitute an Adequate Foundation for Federal Jurisdiction.
Dennis J. Healey
Habeas Corpus Proceedings in the Supreme Court of Texas.
Joe Greenhill and Martin D. Beirne Jr.