St. Mary's University, Texas
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2013: CLE: The Declining Jury Trial
No full textHon. Xavier Rodriguez, United States District Judge for the Western District of Texas, and Adjunct Professor. He will speak on the topic, The Declining Jury Trial. Less than two percent of civil cases eventually are decided before a jury. What does this
Specialty Juvenile Courts in Texas: Using the Rehabilitative Juvenile Justice Approach to Reform Texas's Youngest Gang Members (Comment)
No full textThe Advent of State and Local Lobby Regulations and the Legal and Ethical Considerations for Attorneys
No full textAdvocacy is the primary goal and responsibility of two distinct and well-regulated professions: the lawyer and the lobbyist, each of whom is subject to his own set of rules and regulations. This Article is designed to analyze the intersection of the lawyer’s Disciplinary Code with developing rules governing advocacy in the policy-making arenas throughout Texas. Increasingly, the line between legal and legislative advocacy has become blurred as more local Texas entities turn to state lobby regulations for inspiration. This Article will consider the state Lobby Law, including its history and structure, as a framework for subsequent efforts to regulate lobbying and will identify the common elements of lobby regulation systems, with a particular focus on their treatment of attorneys. It will also analyze how, at every level in Texas, the rules of engagement regarding communication and advocacy are being imposed with varying and significant consequences for attorneys, with a particular emphasis on how local governmental entities are literally rewriting those rules of engagement. Finally, this Article will analyze the potential consequences for all who advocate before governmental entities and attempt to influence public servants, including criminal and ethical issues, with a particular focus on attorneys engaged in lobbying. As local lobby regulations become more common, attorneys dealing with local governments will be forced to examine the fundamental aspects of the legal practice, including the structure of the representation, the nature of advocacy and communication, and the meaning of confidentiality
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
Best Brief Contest Winner: Greg Webber v. Winston Smith 12-0123 Brief for Petitioner 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
2013 St. Mary's University School of Law Homecoming CLE and Reunion Agenda
No full textThe schedule for the 2013 annual Homecoming CLE hosted by St. Mary's University School of Law in San Antonio Texas
Keep Your “Friends” Close and Your Enemies Closer: Walking the Ethical Tightrope in the Use of Social Media
No full textThis Article will examine the ethical issues posed by lawyers’ use of social media platforms in light of the ABA Ethics Commission 20/20 changes to the Model Rules of Professional Conduct
Oh Lord Won't You Buy Me a Mercedes Benz: A Comparison of State Wrongful Conviction Compensation Statutes
No full textThe purpose of this Article is to compare state compensation statutes in an effort to assist those working to enact compensation legislation. Inevitably, legislators want to know what other states are doing and the content of other state compensation statutes. It is helpful for those advocating for state legislation to be able to compare the existing twenty-eight statutes. For that reason, this Article is organized to be most helpful in comparing the subject matter and provisions most often of concern to legislators and to those advocating for compensation legislation when deciding what to consider and include in their own state compensation statute. Noting that compensation statutes are not uniform, and some state statutes are poorly constructed, this Article will endeavor to address the common elements in compensation statutes, while also analyzing the elements most essential to a thorough compensation package. These points generally include where to file, time limits on filing, appointment of counsel and payment of fees, who can collect, offsets, tax exemptions, compensation amount and in what form, subrogation, and future claims
