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The South Texas Drought and the Future of Groundwater Use for Hydraulic Fracturing in the Eagle Ford Shale
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Best Brief Contest Winner: Greg Webber v. Winston Smith 12-0123 Brief for Respondent Winner of the 2013 Best Brief Contest at St. Mary's University School of Law
No full textEach year, each Legal Research and Writing faculty member submits one brief from her or his class to the St. Mary s Law Journal editorial board. The board then selects one winner from each 1L section, resulting in four briefs which represent the best bri
When Law Moves Quicker than Culture: Key Jurisprudential Regulations Shaping the US Adult Content Production Industry
No full textI use historical sociology to explore the research question-Why, in spite of its legal and protected status, is adult content and adult content production still a stigmatizing and polarizing dimension of U.S. culture? A historically grounded sociological consideration of relevant jurisprudential proceedings occurring during three eras of US adult content production and distribution points to legal findings out-pacing socio-cultural evolutions. Developing technology has contributed to this process as well
The Failure of Prosecutorial Discretion and the Deportation of Oscar Martinez
No full textI begin this Article with an account of how I came to represent Oscar Martinez. Next, I review the "Morton Memo," from John Morton, the DHS’s ICE unit,which establishes guidelines for exercising prosecutorial discretion. According to these guidelines, there is strong support for the argument that Mr. Martinez's deportation should have been terminated. In contrast to Mr. Martinez's case, I then present the case of another client I represented, which resulted in the termination of deportation proceedings."
Next I provide an overview of the procedural history of the Martinez case prior to my involvement. Following the procedural history is a discussion of the past and recent history of prosecutorial discretion in deportation proceedings and the problem of administrative discretion standards in that context, specifically the seemingly wide latitude provided to field officers. As a result, inconsistent decisions regarding discretion in deportation proceedings have emerged across the country
2013: CLE: Restitution in Texas: Remedies for Unjust Enrichment
No full textThis presentation will focus on the various remedies by which the law allows a plaintiff the benefits of restitution. The Texas law of restitution prevents the unjust enrichment of parties through various remedial devices. The most traditional is throug
2013: CLE: Fiduciary Litigation Case Law Update
No full textThe latest decisions and opinions regarding probate, guardianship and other fiduciary matters will be discussed in this session
Law Notes: St. Mary's University School of Law Newsletter Fall 2013
No full text2013 Distinguished Law Grads, Reflections on the Legacy of Service, Honoring Dean Cantu's Service to St. Mary's, Law School Comes Together for Boo Bash, Kudos and Class Notes, Distinguished Law Graduate Dinne