The Law Pages v. 1 n. 1 1988 October 27

Dublin Core

Title

The Law Pages v. 1 n. 1 1988 October 27

Subject

St. Mary's University School of Law

Description

SBA Funds Inaugural Issue, Committee Picks 1989 Speaker Graduation Meeting Next Week, Spirits to Haunt Wyndham Hall, New Forum Praised, SBA Report, Halos and Pitchforks, Law School Organizations Enrich Students Numerous Activities Planned for 1988-89, Tex

Creator

St. Mary's University School of Law Student Bar Association

Publisher

St. Mary's University School of Law San Antonio Texas, St. Mary's University School of Law, Sarita Kenedy Law Library

Date

1988-10-27

Contributor

Bill McMurray, Keith Hampton, Kathryn Kase, Deborah Womack-McMurray, Barrie Beer, Blake Farenthold

Rights

NULL

Relation

The Law Pages

Format

RFC3778

Language

English

Type

Text

Identifier

STMULawTheLawPages_1988Oct27

Coverage

1988

PDF Search

Text

/~RCP

rrhe Law 1!anes
Volume 1 Number 1

St

Thursday, October 27, 1988

SBA Funds Inaugural Issue
Since you're reading this you know there
is something new on the street. This is the
first issue of The Law Pages, an
experimental newspaper funded by the SBA
and produced by Blake Farenthold and
Barrie Beer, third year students.
The idea for a law school newspaper is
not new. There have been a few in the past
that have lived only short lives. The SBA
hopes The Law Pages will become a
permanent addition to The Rattler or a long

lived independent. This paper was born of
the controversies of last spring and the
desire to improve communication at all
levels of the law school. Beer took a
proposal for an independent paper to be run
by students for students to Dean David
Schlueter. Schlueter's initial response was
encouraging but not hopeful.
SBA president Bill McMurray took the
idea to Father Moder, University President,
and Moder suggested the law students work

Committee Picks 1989 Speaker;
Graduation Meeting Next Week
The volunteer graduation committee
chose six speakers they would like to
invite to speak at the School of Law Class
of1989 graduation.
The first choice for a speaker was Texas
- 'jate Treasurer Ann Richards, who spoke at
.n.e
Democratic
National
Convention.
Ranked
number
two
was
Michael
Josephson, legal ethics scholar.
Other
dignitaries on the list included Supreme
Court justices Antonin Scalia and Sandra
Day O'Conner, State Agriculture Commissioner Jim Hightower, and Bob Kruger.
The SBA, lead by third year senators has
asked Dean Castelberry to delay approving
the list because there is some doubt as to
whether the list accurately reflects the
desires of the majority of the third year
class.
Concerns were expressed that the
list and selection process had not been
adequately publicized.
In order to determine the desires of the
majority of the third year class a meeting
has been planned for Wednesday, November
2nd. The time and date of the meeting were
not available at press time but notices will
be distributed to third year boxes. Third
years are urged to come to the meeting
prepared to make additional suggestions.
At the end of the meeting a vote will be
taken to determine who to invite to speak.
Those not attending the meeting will be
deemed to have waived any objection to the
- -"oice of speakers. In the event a student is
_ able to attend a written proxy will be
)
accepted. Notarization is unnecessary.
Graduation is slated for Saturday, May
13th at Municipal Auditorium.
The
reception may be held at the auditorium at
no
additional
charge,
though
other

possibilities are being checked into and
will be discussed at the meeting.
Last week the Herff Jones Company was
on campus taking orders for caps and
gowns and
graduation announcements.
Herff Jones
traditionally handles the
renting of graduation attire and have proven
to be the most economical source. The
company also sells graduation announcements but students are welcome to design
their own and purchase elsewhere.
All questions should be directed to
graduation
committee
chairman
Leslie
Sachanowicz or SBA liaison Charlie
Cilfone, third years.

with The Rattler staff and create a Law Page
insert to the undergraduate paper. In
August, Beer met several times with John
DeMoore, Editor In Chief of The Rattler.
The birth of a law page seemed certain. By
mid September Beer had collected enough
contributions for the fust issue.
The next event was, according to Beer,
"disheartening." She explained, "I had a
long conversation with Dian Noll, Faculty
Advisor for The Rattler, but we were unable
to work out the details."
According to
Beer, Noll promised to meet with The
Rattler staff and then get back to her within
the week.
"Dian, Bill McMurray, and I
were supposed to meet but the meeting
never materialized", Beer said.
The SBA intends The Law Pages to be an
interim
solution
to
communications
problems within the school. The SBA still
hopes to negotiate to have a law page in
The Rattler. In the meantime, this
newsletter is planned to be published biweekly as long as there is funding. This
forum is open to all members of the Law
school
community.
Submissions or
comments are welcome and should typed if
possible and left in box #1. Submissions
should be in proper journalistic form and
should not contain anything libelous. All
submissions are subject to editing.

Spirits to Haunt Wyndhatn

Third year sheik Jim Hada enjoys
last years SBA Halloween party.

The - Student Bar Association has set
Friday October 28th as the night of the
annual Halloween party.
The traditional
night of revelry begins at 8:30 p.m. and
continues until 1:30 a.m. at the Wyndham
hotel in The Colonnade on IH-10 just past
the Wurzbach exit.
Traditionally, the Halloween party has
been one of the wildest nights of law
school.
Ghosts, goblins, ghouls, and
faculty are urged to join students for the
festivities.
This year the party will feature live
entertainment by the band Sojourn. Prizes
will be awarded in a costume contest There
will be free beer and a cash bar.
The ghoulish escapade was planned
primarily by the SBA social committee
headed by Dawn Rodrigues and Alice
Brittingham.

Editorial/~

SBAReport

New Forum Praised
A student newsletter has finally arrived. The idea for a newsletter, which
germinated early last year and found expression in SBA elections last spring, has
survived the gauntlet of multitudinous objections to at last become a reality. Its
introduction into the life of the law school will prove to be the SBA's most
significant and lasting contribution to the school.
The newsletter creates an alternative forum where ideas may be regularly
presented to the student body for their elucidation and general discussion. Up to
now, student issues have been defmed by either The Docket, the administration
mouthpiece, or the more informal, though equally suspect grapevine, a sort of oral
tabloid of student concerns exhaustively mutated by word of mouth into the air
where they subsequently dissipate. The newsletter can memorialize student issues
and events so that future generations of law students have a recorded past and are
not doomed to simply repeating mistakes of earlier classes.
The newsletter is also the most efficient and orderly way that the SBA may
communicate with the student electorate. In years past, SBA representatives rarely
notified students after the elections, and student issues remained confined to closed
debates among SBA politicos. Now the SBA can tell students exactly what they are
doing, what individual senators are proposing, and how their votes ultimately tally.
Law students deserve nothing less than a complete and substantive disclosure of the
activities of their own representatives.
The Student Bar Association is the only organization on the law school campus
whose sole and unique mission is to speak on behalf of the law student body. Our
interests as students are the exclusive, undivided concerns of our representatives, we
are informing ourselves as well as the faculty and administration what issues we
find merit in debating, what goals we deem worthy of pursuit. This newsletter
reflects, in a limited but significant way, our concerns and reveals to everyone our
otherwise undisclosed character as a student body. By enlarging the circumference
of discussion to include every student, we invite ourselves into our own selfgovernment, a milestone of our burgeoning maturity and the clearest signal yet that
we possess not only a collective will but an independent mind and, most
importantly, a voice of our own.
Keith Hampton, Third Year

0 Halos and 'V Pitchforks
Editors note: this column is a place to
express good news, complaints, ideas etc.
Anything you have to say that fits this
format is welcome, we hope this can be an
easy way to disseminate news that doesn't
lend itself to a regular news story.
Normally, all submissions should be
signed.
All of the following Halos and
Pitchforks are from the staff of The Law
Pages.

0

Shiny golden Halos to every member
of the SBA who voted to fund this issue of
the paper. Thanks to you we are off and
running.

0

Prestigious
Halos
to
Dean
Schlueter for his appointment by the
United
States
Supreme
Court
Chief
Justice Rebnquist to serve as an interim
Reporter to the Federal Advisory Committee
on Criminal Rules.
The committee is
responsible for considering and proposing
amendments to the Federal Rules of

Criminal Procedure and the Federal Rules of
Evidence. Congratulations.

0

Extra
special
Halos
to
Keith
Hampton,
Bill
McMurray,
and
Adrienne Urrutia who will be Briefmg
Attorneys for the Court of Criminal
Appeals
in
Austin
next
year.
Congratulations are due to them all.

0

More
extra
special
Halos
to
Jacqueline
Cullom,
Scott
Roberts
and Curt Cukjati who will be Briefmg
Attorneys at the Texas Supreme Court.

0

The Law Pages Staff sends Halos to
everyone
who
contributed
to
this
issue.
The outpouring of moral support
has been tremendous. Now all we need is
more staff.

'If

Pitchforks to Texas Supreme Court

Ted
Robertson
who
has
Justice
declined to attend the Joint Appearance on
campus Wednesday. His input would have
been informative and greatly appreciated.

by BILL McMURRAY
This column
is intended as a
regular feature. ,.
The space will ·
be reserved for
SBA,
the
through any of
the senators, to
communicate
recent
events
and decisions to
you the student
body.
The purpose
of this report is to disseminate information
concerning two Student Bar Association
resolutions drafted, adopted, and proposed
at the October 20th meeting of the SBA.
Both resolutions have been proposed to
Dean Castleberry and met with a favorable
response.
The first
resolution urged the Law
Faculty to thoroughly investigate and take
the necessary steps to establish a St.
Mary's University legal aid clinic.
The
Senate's primary focus is to make the
faculty aware that law students want an
institution that will take both
the
intellectual high road and stimulate
)
vocational and professional approach .
legal education. The clinic program would
emphasize both practical day to day aspects
of being a lawyer and the ethical
responsibilities of the profession. This is
a perfect opportunity to enhance the
University's relationship with the San
Antonio community.
It seems an
appropriate mission for our church related
law school.
In
response
to
the
SBA's
recommendation, Dean Castleberry has
approved a committee to study
the
feasibility
of,
and
to
make
recommendations for, a St. Mary's legal aid
clinic. Serving on the committee will be
faculty members appointed by the Dean and
interested students appointed by the SBA.
The second resolution encouraged the
faculty to consider student representation at
Law Faculty meetings.
The SBA's main
concern is to ensure student representation
in the body that makes and changes the
policies for our law school. It is a positive
trend that our University request students to
participate in the decision making process.
Dean Castleberry has seen to it SBA
senators will serve on faculty committee!:
to provide helpful student input.
)
addition the Dean will also provide the SBA
president with the faculty agenda so that he
might address faculty meetings on issues
effecting the student community.

Law School Organizations Enrich Students
Nutnerous Activities Planned for 1988-89
The variety of campus organizations at
St. Mary's Law School affords every student
a way to get involved in more than just
notes and outlines.
This story offers a
directory of campus organizations for your
perusal. Those organizations that are not
included in this story are urged to contact
The Law Pages through box #1.
The Student Bar Association is the
central channel of communications between
the students and administration. The SBA
meets bimonthly to discuss topics of
current interest to law students. Each class
is represented in the SBA by their elected
Senators.
The Senators act as liaisons
between the student body as a whole and
the SBA carrying ideas and information
back and forth.
The SBA is sponsoring
Their annual Halloween Party this Friday
night at the Wyndham. See story page one
for more details.
Law
Association,
The
Criminal
designed
to
give
students
practical
knowledge of the law through various
activities, is the largest organization on
campus besides the SBA, according to Prof.
Gerald Reamey, CLA Faculty advisor.
· 1rmal memberships, available to all
..dents, cost $15. The CLA's annual
Huntsville prison tour is slated for Friday,
November 11th at 9 a.m.
The club
provides lodging for students driving to
Huntsville Thursday. For more information
on the CLA or its activities contact Robert
Lobello, second year or Susan Goggan,
CLA president
The
newly
formed
Family
Law
Association,
brainchild of third
year
Keith Hampton, is sponsoring a child
advocacy
program
whereby
students
represent interests of abused and neglected
children in family court under the
supervision
of
local
attorneys.
The
Advocates make oral and written recommendations to the court in termination
proceedings and at trial. The group plans
several speakers and brown bag lunches
this year. The FLA and CLA are cosponsoring a panel discussion on AIDS and
criminal
justice
in
Treadway
Hall,
November 3rd at 7 p.m. Scheduled speakers
for the event include Judge Pat Priest, Capt
Robert L. Charles, head of the health and law
command at Ft. Sam Houston, and others.
Professor David Dittfurth will moderate the
discussion. For more info-rmation contact
.~president Steve Long, second year.
Despite its name the Women's Law
Association welcomes members of both
sexes. The WLA addresses the special
problems
and
acknowledges
the
accomplishments of women in the law.

Shannon Murphy, David Shearer, Britt. Buchannon and Janet Belcher man booths at
this years Docket Call, the traditional gathering during whichstudents learn of
campus clubs.
WLA cooperates with the Bexar county
Women's Bar Association in sponsoring an
annual mentor program. The program
matches law students with practicing
attorney mentors familiarizing
students
with the realities of legal practice,
The
WLA also sponsors an annual softball
In the tourney, campus
tournament
organizations field teams and fight for the
"privilege" of playing a faculty team. The
WLA is also fmalizing plans for a
reception for Judge Carolyn Spears. For
information contact Susan Miller, second
year WLA president.
Phi Delta Phi, founded in 1869 is the
oldest legal fraternity.
Membership is
open to the top twenty percent of the class
and initiations are held each spring. PDP
strives to promote the highest ideals of the
legal
profession
through
intellectual
development and service to the community,
One example of that service is the outline
ftle compiled and updated by the fraternity.
The ftle, which was formerly at Kinko's
Copy Service, is now housed at The Copy
Center on Medical and Fredericksburg. The
Copy Center takes phone orders and allows
students to examine the complete outline
prior to ordering. For information on PDP
or its activities contact the fraternity's
dean, third year Britt Buchanan.
Delta Theta Phi is another national
to
uniting
legal
fraternity
dedicated
congenial students of the law. Membership
is open to any student paying the $50
initiation fee. DTP plans to sponsor guest
speakers and a party this Fall. The group
is also organizing a St. Mary's contingent
to walk in the leukemia society walk-a-thon
October 28th. For more information contact
third year Thomas Johnson.

Delta
Alpha
Delta/Law
partners
are the bake sale people. Membership in
the club
is
primarily
spouses and
"significant others" of law students.
The
club is also now planning its annual
members Christmas party and a party for
underprivileged
children.
For
more
information contact B.J. Cilfone, The
club's president, through her husband
Charlie Cilfone, third year.
The
St.
Thomas
More
Society
celebrates one of the greatest lawyers in
St. Thomas More gave his life
history.
when he refused to sign the oath of
succession forced on the nobles of England
On campus the society
by Henry VIII.
strives to stimulate the discussion of
current issues by bringing a variety of
speakers to campus. The group planned a
joint appearance by the candidates for chief
justice of the Texas Supreme Court
Wednesday but challenger Ted Robertson
(D) informed the club of a conflict and was
unable to select an alternative date when
the club offered to reschedule. At press
time incumbent Tom Phillips (R) was still
planning to attend. Also slated is a tort law
policy debate featuring Pat Maloney Sr.,
plaintiffs attorney and Jack Hebdon,
defense attorney on Wednesday, November
2nd at 3pm in the law classroom building
For information contact Janis Hillman,
third year.
The Law Student Division of the
San Antonio Bar Association offers
students exposure to the local bar through a
newsletter, happy hours, speakers, and their
third chair program. The program enables
students to assist court appointed attorneys
in federal courts. For information contact
third year Leslie Sachanowicz.

Texas Supreme Court Election May Change Trends
Reprinted with permission of the San

Antonio Light.
by KATHRYN KASE
For a major legal milestone in Texas,
the case began inauspiciously enough.
When Douglas Bynum had a car accident,
his injured passenger sued Bynum's auto
insurance company to be reimbursed for
medical expenses.
But because the
passenger, L.D. Whitworth, was related to
Bynum by marriage, Texas law viewed him
as Bynum's guest and prevented him from
claiming on Bynum's insurance.
Accordingly, the trial court threw out
Whitworth's lawsuit and the appellate court
affirmed. Case closed, right? Wrong.
When Whitworth appealed to the Texas
Supreme Court, it astounded the state's
insurance industry by striking down the 54year-old Texas Automobile Guest Statute as
violating the Texas Constitution's equal
protection clause.
The 1985 decision put Whitworth vs.
Bynum in the legal casebooks, reduced the
number of states having automobile guest
statutes to four and, with one stroke of the
judicial pen, increased Texas insurance
companies liability.

Today, with six seats up for election on
the nine-member Supreme Court, decisions
like Whitworth vs Bynum have fueled the
struggle for control of the court At issue
is whether the state's highest civil court
should: (a) continue its recent tradition of
striking down legal concepts and statutes
that historically have hindered personal
injury lawsuits, or (b) revert to its pre-

1980's habit of following precedent to the
benefit of doctors, businesses and insurance
companies named as defendants in persoP..'
injury cases.
Supporting the latter course are doctors,
insurance companies, business executives
and their attorneys, all of whom assert that
the
decisions
of
the
Democratically

Continued on page 5

First Years Propose Class in Ethics
The first year class, lead by Stuart
Bowen, has proposes a course in ethics and
the law be added to the fust year curriculum.
The proposal, in the form of a resolution
presented at the October 13th SBA meeting
has been sent to the SBA Scheduling
committee for further study.
The resolution, supported by signatures
of 122 first years proposes a class similar
to one offered at Notre Dame. Along with
the new course, the first years propose a
symposium on 'The Study of Ethics in the
First Year of Law School" featuring Faculty
members who teach the course at Notre
Dame, representatives from the Josephson
Institute for the Advancement of Ethics,

Acott Throw, and local Attorneys interested
in the field of ethics.
The SBA committee plans to investigate
student and faculty response to the
proposal. In the event reaction is favorable
and the SBA approves the idea, the next
step would be to propose the course to the
faculty for adoption into the curriculum.
The proposal does not address how the
new course will be coordinated with the
Professional Responsibility class offered in
the first semester of the second year.
Further, the proposal does not address
whether a required first year class will be
postponed or dropped to make room for the
new offering.

ABA/LSD Offers Law Students a National Voice
by Deborah Womack-McMurray
The
Law
Student
Division,
with
membership in excess of 37,000 is one of
30 sections and divisions of the American
Bar Association.
The
ABA
is
an
unincorporated
voluntary
membership
association of attorneys which boasts more
than 350,000 members. The Law Student
Division is one of three divisions; the
others are the Young Lawyers and the
Judicial Administration Divisions.
Law
Student Division members may join any of
twenty-nine Sections and Forum Committees at considerably reduced membership
rates ($3-$7.50). The Sections are devoted
to a particular area of substantive law or
legal concern. Examples of Sections are:
Criminal Justice, Family Law, Economics
of Law Practice, and others. There are also
Forum Committees, for example, Entertainment and Sports Law; and Standing
Committees such as Environmental Law.
Law students may become involved on
committees of a section or forum committee
by joining and communicating directly with
the Chairperson of the section.
The Law Student Division appoints
Liaisons to many of the Sections.
The
Liaison communicates Section activities to
the Law Student Division and initiates
programs within a section that call for
increased student involvement Liaisons
also lobby for recommendations which the
Law Student Division desires to be ABA
approved.

The Law Student Division has a
bicameral legislature. There is an Assembly
composed of the Law Student Division
representatives and the Student Bar Association presidents. The Assembly meets once
a year at its Annual Meeting, normally
convened at the same time and place as the
ABA Annual Meeting. The 1988 Meeting
was held on August 4th through August 9th
in Toronto, Canada.
The other house is the Board of
Governors. The Board of Governors
consists
of 22
individuals:
National
Officers
(the
Chairperson,
ViceChairperson,
Vice-Chairperson
SBA,
Secretary!freasurer); the fifteen Circuit
Governors; two Division Delegates to the
ABA House of Delegates; and one ex-officio
member.
The Board Of Governors is
authorized to act between Annual Meetings
(not inconsistently with any action taken
by the assembly). The Board meets three
times a year.
There
are
Law
Student
Division
Representatives who represent each law
school at the Annual Meetings and continue
to represent the school at Circuit meetings.
St. Mary's is a member of the 13th Circuit.
Elections for the various offices are held at
different times during the year. The St.
Mary's ABA/LSD representative is elected
in the spring. Holding an office gives law
students an opportunity to participate
directly in the largest student organization
in the United States.

Your membership dues of $12.50
actually covers about one-third of the cost
of your membership. The rest is subsidized
by the ABA.
Membership includes
subscriptions
to
the
Student Lawyer
In
magazine and the ABA Journal.
addition, LSD members are eligible for car
rental discounts, reasonable rates on life
and health insurance, no annual fee
MasterCard program, and reduced Section
membership rates. Members also receive a
30
percent
discount
($70) on
the
Preliminary Multistate Bar Review (PMBR)
seminars.
The Law Student Division, through its
resolution process, may take a position on
any issue and release it to the news media.
Its policy statement must be approved by
the LSD board of Governors and by the
President of the ABA or the ABA Board of
Governors.
Law Student Division policy
statements may be adopted by the ABA
itself on approval of its House of Delegates
or Board of Governors. Any law student
may propose a resolution for adoption by
the ABA.
Contact Deborah WomackMcMurray, ABA/LSD 13th Circuit Lt
Governor
of Resolutions
for
furtheinformation on the resolution process.
As St Mary's ABA/LSD Representative, I
hope this article has been informative. The
ABA/LSD needs you to become a member.
For membership information, call Deborah
Womack-McMurray at 824-6039 or check
in the Student Bar Association Office.

The Activist Supreme Court: Love 'em or Hate 'em.
From Page 4
controlled
Supreme
Court
are
"antibusiness," pro-large damage awards and one
n
that
insurance
rates
have
sKyrocketed in Texas.
"My company does business in all 50
states, and it's an embarrassment to go out
into the business community around the
United States and get the needle from
people about Supreme Court justices in
Texas," retired Gen. Robert McDermott,
who founded USAA insurance
company,
said at a June fund-raiser for Supreme Court
Chief Justice Tom Phillips.
But scratch a plaintiffs lawyer
somebody who files lawsuits on behalf of
injured victims - and you get a totally
different interpretation of the Supreme
Court's record. "Our 'liberal court' is really
a court catching up," said Pat Maloney Jr.,
partner in the Law Offices of Pat Maloney.
''Texas has been behind the times in
advancing rights of individuals in accident
situations for many, many years. There's
no question you can trace what the court
has been doing in treatises such as the
Restatement of Torts, the Restatement of
Contracts - all of which were ideals for a
system and which Texas is only now
adopting."
The Texas Supreme Court decisions that
' ve caused the most controversy fall into
_..; e broad area of civil law - tort law, which
is concerned with compensating individuals
for injuries caused by another's conduct
Through the ages, tort law developed in
the courts as judge-made law, but in modem
times, American legislatures have played an
increasing role in determining who can sue
and how long that right will exist after the
injury occurs,
With the advent of tort
"reform," legislatures have gone even
further, sometimes to the point of placing
limits on how much plaintiffs can win in
punitive damages.
However, none of these legislatively
made tort laws have been immune from
being overturned by the courts - particularly
in Texas - and that angers conservatives
who believe that judges should follow the
law, not make it.
'The kind of court I'd like to see us
have again is one where the people are
following the law and interpreting the law
and don't see it as their role to create new
law," said Lewin Plunkett, whose firm of
Plunkett, Gibson & Allen does insurance
defense work. "I think our Supreme Court
has tried to achieve a reputation for being
the most liberal supreme court in the
lmtry."

J

Those on the other side of the courtroom
claim that defense lawyers and the big
businesses they represent are politically
motivated in their complaints about the
Supreme Court's supposed liberalism.

"Here's a group that has controlled the
Supreme Court since 1876 up until the last
eight or nine years and yet they are now
screaming," said Vic Putman, partner in the
plaintiffs' firm of Putman & Putman. "It
was OK when they controlled the Supreme
Court"
But Phillips, a Republican appointee,
believes there are legitimate reasons for
curbing Supreme Court law-making.
In
campaign stump speeches, Phillips portrays
"judicial
his
Democratic brethren as
realists" - a legal euphemism for judges
who depart from precedent to solve social
problems.
''I'm principally concerned with ... the
feeling on the part of many candidates for
judge that the judiciary is a place where
society's wrongs can be righted," Phillips
said recently.
"And that if the people
acting through their elected representatives
can't do something, then the judges step in
and try to make every case just and all of
society just"
Plaintiffs' lawyers, however, contend
that the law must respond to changing
social conditions if it is to remain relevant
to people's lives.
"I think a good example is workers
compensation for farmworkers," said Phil
Watkins, a partner in the plaintiffs' firm of
Watkins, Mireles, Brock & Barrientos.
"I
cannot see that the Texas Legislature would
have done anything for those people had
not the court prompted them to do it."
The Supreme Court also is justified in rewriting laws, plaintiffs' lawyers assert,
when laws are outdated and the Legislature
refuses to change them. This was the case
with the automobile guest statute, which
the Legislature did not repeal despite
numerous opportunities.
But the Legislature's refusal to act is
precisely why Plunkett believes the court
should not have repealed the guest statute.
The decision, he said, violated "the will of
the people expressed through their elected
representatives."
Besides
lawyers
and
insurance
companies, about the only other people
who scrutinize the Supreme Court's record
are law professors. And unlike those whose
bread and butter depends on the court's
philosophical orientation, law professors
generally are most concerned with whether
the court's decisions are logical, well-argued
and within the legal mainstream.
W. Page Keeton, dean emeritus of the
University of Texas Law School and noted
authority on tort law, has long observed
the Texas Supreme Court and believes the
characterization of it as an activist court is
accurate.
'There's a court that has had a lot less
respect for precedent than most, but. ..l
wouldn't characterize
them
as
being

extreme," Keeton said.
When presented with the list of
precedent-setting cases accompanying this
article, Keeton indicated he agreed with a
majority of the court's decisions. He also
issued a fum "no comment" when asked
whether these decisions reveal the court to
be "anti-business," as the governor claims.
Then again, some attorneys assert that
the question facing voters is not whether
the Texas Supreme Court is pro- or antibusiness.
'There's always been an argument about
what the law ought to be," said Tom Crofts,
a partner at San Antonio's Groce, Locke &
Hebdon.
'The question is: What law is
good for everybody?
"And you know, even among the best
nine lawyers - and that's what the Supreme
Court is , nine lawyers - there's always
going to be disagreement about what the
law ought to be."
-- Kathryn Kase is a second year law student
at St. Marys and a writer for the San
Antonio Light.
Editors note:
The accompanying list of
cases are those referred to in the body of
this article The Light's summary of those
cases has not been reproduced here due to
space constraints.
For those of you
determined to do research the cases referred
to are: Corbin v. Safeway, 648 S.W.2d 292
(Tex 1983); Otis Engineering v. Clark, 668
S.W.2d 307 (Tex. 1983); Sanchez v.
Schiruiler, 651 S.W.2d 249 (Tex 1983);
Duncan v. Cessna, 665 S.W.2d 414 (Tex.
1984); Cavnar v. Quality Control Parking,
696 S.W.2d 549 (Tex 1985); Nixon v. Mr.
Property, 690 S.W.2d 546 (Tex. 1985);
Whitworth v. Bynum, 699 S.W2d 194 (Tex.
1985); Moore v. Lillebo, 722 S.W.2d 683
(Tex. 1986); El Chico Corp v. Poole, 732
S.W.2d 306 (Tex. 1987); Lucas v. United
States, 1988 WL 45162 (Tex. 1988).
I would also like to extend my gratitude
to Kathryn Kase for her help in getting us
permission to reprint her story and to Cliff
Herberg for looking up cites in the middle
of the night while he was directing State
Mock Trial.

The Law Pages
Volume 1 Number 1
Published by the St. Mary's University
School of Law Student Bar Association.
Subscriptions: Free to SEA Members
Advertisments for sale!
Editor: Barrie Beer
Asst. Editor: Blake Farenthold
Send submissions to Box# 1 in the law
classroom building.
Editorials do not necessarily reflect the
opinions of the SEA or staff.

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

Pre-registration
begins

Alcohol
Awareness Week
begins

23
AIDS Awareness
N eek at St. Marys

30

25

24

26

27

SBA Meeting

28

Delta Thera Phi
Luekemia Walk

29

fJ.A.lJ. bake sale

~Halloween

31

(

9\[pvember 1988

1

regestration;
graduation
meeting

)

)

FLA/CLA panel
discussion of
AIDS in criminal
justice

2

4

3

National Mock
Trial prelims
begain

6

SBA Halloween
Party

5

CLA Huntsville
prison tour;

7

8

10

9

National Mock
Trial Finals

SBOT procedure
institute
11

12

Law Partners
members xmas
party

13

14

15

16

Fr. Moder Speaks
Pecan Grove 17

18

19

20

21

22

23

Thanksgiving

24

25

26

29

30

Sign up for July
Bar Exam begins
(Due Jan. 27th)

27

28

Files

Collection

Citation

St. Mary's University School of Law Student Bar Association, “The Law Pages v. 1 n. 1 1988 October 27,” St. Mary's Law Digital Repository, accessed November 24, 2017, http://lawspace.stmarytx.edu/item/STMULawTheLawPages_1988Oct27.

Document Viewer