Browse Items (300 total)

84UColoLRev529_Hardberger.pdf
In 2008, while Atlanta residents freely watered their lawns, several nuclear power plants in Georgia almost shut down due to drought-induced water scarcity. This absurd reality stemmed from the misunderstood and almost wholly unregulated relationship…

14NotreDameJLethicsPublicPol25.pdf
I studied legal ethics at Notre Dame under Tom Shaffer. having entered the law school in 1971 during the first year of David Link's twenty-four-year deanship. Shaffer's classes routinely presented moments of exquisite dilemma. \\'e spent hours…

7AsianPacificLPolJ32.pdf
The pace of change in contemporary China is staggering. Changes to the Chinese legal system are more difficult for foreigners to appreciate than alterations of the physical environment, in part because they are less visible, and are less frequently…

16CornellJLawPubPol1.pdf
There are valuable legal steps that can and should be taken to minimize the risks that lobbying will corrupt the exercise of governmental power. As this article demonstrates, for virtually every problem that one can identify relating to lobbyists,…

17RevLitigation497.pdf
The rule against attorney contact with a represented person is deeply entrenched in the law of lawyering. A version of the rule exists in every American jurisdiction. Two facets of the ABA Model Rule on communication with a represented person are…

29FordhamUrbanLRev1007.pdf
When one thinks of the independence of the American judiciary, the mind focuses first on federal courts. There have been many pivotal cases in which independent judges stood against the tides of public opinion or the power of the legislative and…

29JLegalProfession33.pdf
Tom C. Clark served at the pinnacles of the American legal profession for nearly a quarter of a century as Attorney General from 1945 to 1949 and Supreme Court Justice from 1949 to 1967. He filed the first amicus curiae brief for the United States in…

29TexasTechLRev811.pdf
It is increasingly common for jurists, rather than their allegedly erroneous rulings, to be the target of wrath by disappointed partisans. Efforts to personalize, rather than professionalize, the process of judicial criticism suggest the development…

30StMaryULJ717.pdf
Even the casual observer would notice that Americans today have a continuing preoccupation with ethics in government. As a result of America's disdain for personal influence affecting public or legal decision-making, professional ethics is subject…

32JColULaw309.pdf
In recent decades, the number of foreign programs operated by American colleges and universities has greatly expanded. There is reason to expect the number and size of foreign educational programs to increase. The proliferation of collegiate…

34StMaryULJ737.pdf
Does an attorney owe a client a duty or "absolute and perfect candor?" More than a dozen recent cases from Texas, California, Oklahoma, and the District of Columbia ha\e used this phrase to describe an attorney's fiduciary obligations. "Candor"…

36SetonHallLRev715.pdf
Efforts to foster ethics in government should begin at the local, rather than the state or national, level. City officials and employees make a broad range of decisions that affect the welfare of citizens in many ways. Officials who begin their…

38RutgersLJ655.pdf
Hopes and dreams often hinge on the accuracy of standardized test scores. Results frequently determine, or greatly influence, whether a student progresses to the next grade level, attains a diploma, gains admission to a college or university, or can…

38StMaryULJ1.pdf
William H. Rehnquist (1924-2005) taught for St. Mary’s University School of Law during four summers while he served as the sixteenth Chief Justice of the United States. For two weeks each July in 1991, 1994, 1998, and 2000, Rehnquist lectured on…

57OKLRev529.pdf
To what extent must a lawyer disclose to a client or a potential client unfavorable facts relating to the lawyer's credentials or prior experience? Must a lawyer reveal, with respect to the area of the law in which the layperson seeks legal services,…

57SCarolinaLRev255.pdf
Life is built upon computerized databases, containing a vast range of information about virtually all persons who interact (voluntarily or involuntarily) with the institutions of society. When an unauthorized user hacks or otherwise improperly…

77UMKCLRev43.pdf
Not long ago, American tort law clearly rejected an "outlaw" doctrine: a plaintiff engaged in tortious or criminal acts was not treated as an outlaw who could be injured with impunity. The plaintiff's unlawful conduct might give rise to a defense…

87MarquetteLRev903.pdf
Transferred intent is an ancient common-law fiction that continues to be recognized as an active part of American tort law. However there has been virtually no critical examination of whether the transferred-intent fiction still serves a useful…

1RenminULRev237.pdf
The twentieth century was a time of great change for tort law in America. At the beginning of the 1900s, victims of physical injury and property damage were afforded little in the way of redress. Under a variety of legal doctrines - some of which…

Lampley_DULR_March31_2013.pdf
The protective order is perhaps one of the most useful and “taken for granted” discovery devices contemplated by the Colorado and Federal Rules of Civil Procedure. In civil litigation, in which confidential, proprietary, and trademark…

87IndLJSupp31.pdf
Irony is defined as “the use of words to express something other than and especially the opposite of the literal meaning.” Though many other definitions of the word exist, in light of the Supreme Court’s majority opinion in AT&T Mobility LLC v.…

4NwJIntlHumRts331.pdf
The purpose of this paper is to demonstrate the need to establish water as a human
right and thereby raise the right to water to the status of customary international law. Water is necessary for the survival of all life, yet, over one billion of…

6LongTermView77.pdf
The purpose of this article is to briefly examine the primary international legal instrument dealing with illegal rendition. One issue that has received much attention in the context of the interrogation of suspected terrorists is the improper use…

JeffreyAddicottSpeechEndingGenocideWarAvoidance.pdf
As the world makes its way through the first decade of the 21st century, thoughtful
students of history still debate the depth of positive change that has come to the
international community since the end of the Cold War. With the benefit of almost…

21PassItOn1.pdf
Whether emanating from a terrorist organization, criminal element, severe weather incident or human error, a significant cyber disruption is very likely to affect the United States in the foreseeable future; it is naïve to think otherwise. Despite…

28HoustonJIntlL324.pdf
Along with identifying the legal and policy considerations associated with these issues, this Article addresses civil liability to the parent contracting company should it fail to provide adequate protection, or
appropriate AT training, or both, to…

30PaceLR340.pdf
The purpose of this monograph is to provide a brief overview of what President Obama did during his first year in office vis-à-vis developing a coherent legal and policy strategy for dealing with al-Qa‟eda, the Taliban, and associated forces. In…

31Parameters72.pdf
America has conducted itself in the post-Cold War era with the understanding that fostering democracies and encouraging military establishments subject to the rule of law are vital to US national security interests. In this regard, the warfighting…

45CaseWResJIntlL259.pdf
The confusion associated with comprehending fundamental legal concepts associated with how America conducts the “War on Terror” centers around the unwillingness of the U.S. government to properly distinguish al-Qaeda unlawful enemy combatants…

128MilLRev35.pdf
Concentrating on security assistance, combined training military exercises, and the peacetime use of special forces (SF), this article will survey these “force multipliers” as essential elements of a coordinated U.S. approach towards Southeast…

AddicottGarcia_SelectedEssays_2008.pdf
Covers the following areas: Overview, critical infrastructure, public health, cyber security, political structure, terror investigations, and international approach

April2012CenterTerrorismLReport63.pdf
The purpose of this paper is to propose the creation of an autonomous administrative oversight board – ROE Review Board – for military personnel who face adverse administrative punishment for alleged violations of combat rules of engagement…

DalgishCochranWinegarAddicott_StateOpenGovernment_2007.pdf
This guide was created for a project conducted by the Center for Terrorism Law, St. Mary’s University Law School supported by a 2006 “Congressionally-Directed Homeland Defense and Civil Support Threat Information Collection” grant administered…

Dec1990ArmyLawyer47.pdf
The Center for Law and Military Operations, The Judge Advocate General’s School, United States Army, (TJAGSA) held the First Center for Law and Military Operations Symposium from 18 to 20 April 1990. Sixty participants, representing the Army, Navy,…

Sept2010ManagingSecurityTodaySept19.pdf
One proposal to halt or slow illegal immigration is the creation of a national identity card, which is standard fare for all democratic nations in Western Europe. Proponents of this highly debated concept argue that such a card would not only stop…

13TexRevLPol44.pdf
The purpose of this paper is to provide a brief overview of the efficacy of the Protect America Act in the context of the new ground it covers. If one couples the phenomenal technical advances in telecommunications technology) with an…

NovDec2011SanAntonioLawyer9.pdf
The practice of law is constantly evolving to keep up with technology. The methods of legal research and writing must follow this trend. As the methods evolve, so does the cost of litigation. Whether the firm bills the clients directly or places the…

STMU_TheScholarStMarysLRev_v01i1p0005_Novoa.pdf
The purpose of this Article is to analyze Child Protective Services' (public family law), which serves the poor, and to confront the ways in which it deviates from private family law. My belief is that the Child Protective Services (CPS) system has…

STMU_TheScholarStMarysLRev_v02i2p0187_Gomez_Kastely_Holleman_Kauffman.pdf
In Texas, assessment tests dominate education. Is this good for the children of Texas? Is TAAS a good tool with which to evaluate the success of schools, principals, and teachers? Should it also be used to evaluate the performance of individual…

STMU_TheScholarStMarysLRev_v03i2p0157_Valencia_Ortiz.pdf
This work reports the findings of a survey of law students conducted at St. Mary's University School of Law (St. Mary's Law) in San Antonio, Texas, in the Fall 2000 semester. Modeled after and developed largely from a similar survey structured and…

STMU_TheScholarStMarysLRev_v04i2p0185_Cantu.pdf
This year, St. Mary's University celebrates its Sesquicentennial Anniversary. One hundred and fifty years of educating young men and women in the areas of engineering, business, and the arts and sciences. It should be noted that St. Mary's, unlike…

STMU_TheScholarStMarysLRev_v04i2p0189_Dittfurth.pdf
The topic is Legal Implications of September Eleventh: A Question of Security or Civil Liberties. We have two speakers who have taken the time to come and prepare a talk for us. The first will be William Clark Harrell, who is the executive director…

STMU_TheScholarStMarysLRev_v04i2p0209_Addicott.pdf
The purpose of this monograph is to survey the dominant characteristics of the War on Terror and to briefly highlight some of the legal and policy implications that confront the United States. Ultimately, even if one is cynical enough to believe that…

STMU_TheScholarStMarysLRev_v06i1p0001_Rice.pdf
Part I presents a short discussion of the various forms of terrorism, and critiques and challenges the conventional wisdom about who qualifies as a terrorist and what qualifies as terrorism. English courts certainly viewed the slave trade as being…

STMU_TheScholarStMarysLRev_v09i1p0067_Forrest_Martinez.pdf
This article targets as its audience pro se patrons'-individuals who cannot afford counsel and need to conduct their own legal research. The typical pro se patron cannot afford to conduct research in the same online databases used by many attorneys.…

STMU_TheScholarStMarysLRev_v10i3p0269_Piatt.pdf
This article will briefly examine some of the very dramatic and clearly extreme positions in American immigration history. It will also look at the extreme calls for reform at both ends of today's political spectrum. Subsequently, this article will…

STMU_TheScholarStMarysLRev_v11i1p0001_Forrest_Martinez_Miller.pdf
This article targets as its audience pro se patrons4-individuals who cannot afford counsel and need to conduct their own legal research. If someone cannot afford legal representation, this could lead to exclusion from the legal process. A solution…

STMU_TheScholarStMarysLRev_v11i4p0561_Piatt.pdf
This article briefly considers the history of single-sex education, and evaluates concerns that single gender classrooms raise. The article concludes that attempts to allow or impose gender segregation should continue only if empirical studies can…

STMU_TheScholarStMarysLRev_v12i3p0347_Kauffman.pdf
I commend The Scholar: St. Mary's Law Review on Minority Issues both for dedicating its Symposium to the important, historic, and timely issue of education civil rights of minorities and for inviting and editing four excellent articles on the topic…

STMU_TheScholarStMarysLRev_v15i3p0535_Piatt_Ambler.pdf
Introduction; Bullets Across the Border; Historical Perspective; Republic to State; U.S.-Mexico Border Treaties; The U.S.-Texas Border with Mexico Today; Texas Armed Forces; Texas Military Forces; Texas Department of Public Safety; The New Texas…
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