St. Mary's University, Texas
St. Mary's University, San Antonio: St. Mary's Law Digital RepositoryNot a member yet
1503 research outputs found
Sort by
The Computer Fraud and Abuse Act: An Attractive But Risky Alternative to Texas Trade Secret Law
No full text2014: CLE: The Ethics of Lawyering: A Historical Tour
No full textAmerican lawyers have struggled with their role and status as professionals in a democratic society since the United States became a nation. This presentation will discuss how lawyers have proposed standards of ethics that protect and defend their statu
Trademarks Under the North American Free Trade Agreement (NAFTA), with References to the Current Mexican Law
No full textBegins with a brief explanation of the North American Free Trade Agreement (NAFTA) leading to the study of trademarks under chapter XVII of the Agreement. Part of the study of definitions and norms that this part contains is based on the trademark doctrine of Spain. Attempting to explain trademarks under NAFTA, excellent Spanish commentators are cited through their works. Part four explains how NAFTA’s trademark regulations were applied to the Mexican legal system, which allows us to observe the practical implementation of this important Agreement within the legal system of one of the participating member states. Through international agreements like NAFTA, one can witness the convergence of countries with distinct legal traditions, such as Mexico and the United States, and in large part Canada, and the unification of the asymmetry that exists between these countries. The Agreement’s effect on Trade Related Aspects of Intellectual Property Rights (TRIPS) within the Mexican trademark legislation before NAFTA was signed is explained, as is the worldwide impact of the Agreement. Finally, part five discusses the introduction of Mexico into the international trademark arena, sets forth the international treaties that involve trademark matters that Mexico has entered into, as well as those that are still pending, and explains the impact those treaties might have on the future of NAFTA
“Nudging” Better Lawyer Behavior: Using Default Rules and Incentives to Change Behavior in Law Firms
No full textIn the changing landscape of law practice—where law firm profits are threatened by such changes as increased pressure from clients to economize and the concomitant opportunities for clients to shop around for the most efficient lawyers—are there ways to change how things are done in law firms so that firms can provide more efficient and ethical service? This article suggests that an understanding of cognitive biases and basic behavioral economics will help law firms tweak their incentives and default rules to promote the improved delivery of legal services
Law Notes: St. Mary's University School of Law Newsletter Spring 2013
No full textA Note from the Dean, Law Student Seeks Justice for Juveniles, Urban Living Redesigned, Law Grad Wants People Back in the Heart of the City, Law Student Wins Marianist Heritage Award, St. Mary's Law Journal Ranks No. 22, Johnson Edits New Journal, Kudos
Recognition and Enforcement of out-of-State Adoption Decrees under the Full Faith and Credit Clause: The Case of Supplemental Birth Certificates (Note)
No full textThis Note addresses a less frequently cited gay rights issue affecting same-sex relationships-the interplay between the Full Faith and Credit Clause and state laws governing issuance of supplemental birth certificates to out-of-state adoptive parents of the same sex. Two circuit level decisions stand as an archetype of such conflicting treatment-Finstuen v. Crutcherso and Adar v. Smith. This Note posits that the Fifth Circuit in Adar misinterpreted Louisiana law and incorrectly concluded the state's statutes prohibited issuance of a revised birth certificate to the plaintiffs. The Note proceeds in four parts. First, it surveys the history and current state of the law regarding same sex parent adoptions. It then charts the role of the Full Faith and Credit Clause in recognition and enforcement of out-of-state judgments and provides a summary of the Tenth and Fifth Circuits' decisions and the respective state statutes behind those holdings. The following section compares the state statutes implicated in Finstuen and Adar and asks whether the latter erroneously concluded that Louisiana law did not require issuance of a revised birth certificate. This Note concludes that in its quest to distinguish Finstuen, Adar misinterpreted established law and incorrectly concluded that "Louisiana does not permit any unmarried couples whether adoption [occurred] out-of-state or in-state[-Ito obtain revised birth certificates with both parents' names on them.
Filling the Gap: A Call for Legislative Action and Community Mobilization to Implement Physical Education Requirements in Colleges and Universities
No full textIt is essential to the national fight against obesity that institutions of higher education implement uniform PE requirements. Part I provides a background to the obesity epidemic, and a brief history of PE in the United States. Part II analyzes the current status of PE programs in primary and secondary education schools (K-12 schools), and institutions of higher education. Part III outlines traditional administrative schemes at American institutions of higher education, and potential legal roadblocks to federal and state regulatory involvement. Part IV recommends that a mixture of community and school-based measures, including PE requirements, be utilized at the collegiate level. This Article concludes that, in order to fill a gap in the current national obesity prevention policy, legislation should be enacted providing financial support for PE programs in institutions of higher education, and that completion of PE and wellness courses should be a graduation requirement at all colleges and universities in the United States