St. Mary's University, Texas
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How Low Can You Go? Analyzing Deposition Misconduct and Avoiding Common Deposition Mistakes
No full textCLE material presented at Environmental, Mass Torts and Products Liability Committees' Joint CLE Seminar, January 31 - February 2, 2013, Sheraton Steamboat Resort Steamboat Springs, CO Ethics Session: “Do You Have What It Takes to Win? ‘Jeopardy!’ Style Ethics Revie
The Costs of Delay: Incompetent Criminal Defendants, Involuntary Antipsychotic Medications, and the Question of Who Decides
No full textThis article argues that the decision whether to allow the government to administer involuntary antipsychotic medications should be made as quickly as possible, and for that reason, medical personnel should decide. Moreover, this article contends that the Sell Court’s decision requiring a judicial hearing is ineffective in protecting those interests of detainees that the Court thought would be protected by a judicial hearing
The Promise of Things to Come: Anticipatory Warrants in Texas
No full textFrom the perspective of law enforcement, the ideal solution is a procedure that permits issuance of a search warrant before probable cause exists to believe the contraband or evidentiary items are present. Such a warrant then could be executed almost immediately once reason exists to believe the items sought have arrived at the scene of the authorized search. That is exactly what happened in U.S. v. Grubbs
2013: CLE: Getting Paid Doing Good: Fee Agreements, Fee Shifting and Fee Recovery
No full textThis session will cover best practices for structuring fee agreements with clients, recovering attorney fees during settlement or trial, and evaluating cases for representation where fee-shifting statutes are available
2013: CLE: Texas School Finance Issue Before the Texas Supreme Court: Judgement holding Texas school finance system unconstitutional, Feb. 4, 2013
No full textJudgement holding Texas school finance system unconstitutional, Feb. 4, 2013. Kauffman, who worked on the Texas School finance litigation for 20 years, will describe the basis for the district court decision and how those issues might be resolved by th
2013: CLE: Texas Supreme Court Update
No full textL. Wayne Scott, Professor of Law and Director of ADR Studies During this session, the most important cases decided by the Texas Supreme Court during the past year and thoughts concerning the future direction of the court will be presented
Deferred Action for Childhood Arrivals (DACA): A Non-Legislative Means to an End That Misses the Bull's-Eye (Comment)
No full textThe legal issue is that DACA is not a law; it is a non-legislative rule for the exercise of prosecutorial discretion as deferred action, and as such has legal limitations that affect DACA applicants and recipients. Deferred action and non-legislative rules each have limitations. The purpose of this Comment is to examine these limitations and their effect on DACA applicants and recipients-those like R.H. This Comment analyzes the concept that although the Executive Branch has the legal authority to exercise deferred action within their prosecutorial discretion and may implement that policy by non-legislative means, the policy creates risk, vulnerability, and instability. DACA is a means to an end that misses the bull's-eye." To develop this analysis, Part II discusses the historical and legislative atmosphere pressuring the creation of DACA. Part III provides a detailed account of the provisions set forth by DACA, the federal government's use of deferred action, and the limitations of deferred action and how they affect DACA applicants and recipients. Part IV discusses the limitations of non-legislative rules and how enacting DACA by such means creates risk for DREAMers. Part V analyzes the future of DACA and proposes several actions that could be taken to reduce the vulnerability of DREAMers in the future
Pregnant Pause: The Interplay of Gendered Expectations and Pregnancy in Legal Education
No full textThis article reflects upon interactions with students and law faculty peers during the course of my recent pregnancy and posits that my students held certain perceptions, related to teaching effectiveness and my ability to be fair and unbiased, which arose from their observation of my pregnant body. This article seeks to identify the extent of negative consequences springing from their associations with my body. Furthermore, this article argues that remedial actions should be implemented to combat the deleterious effects of such negative associations in the law school setting
