South Texas Law Review Vol.56 No.2

Page 1

SOUTH TEXAS LAW REVIEW

SouTH TEXAS COLLEGE OF LAW

HOUSTON, TEXAS

SUBSCRIPTION PRICE

The subscription price to South Texas Law Review is $32.50 per annum (plus applicable sales tax). The price for a single symposium issue is $25.00.

CURRENT ISSUES

Single issues in the current volume, including symposium and special issues, may be purchased from the Review by contacting Jacob Hubble at (713) 646-1749.

BACK ISSUES

Complete volumes and single issues prior to the current volume are available exclusively from William S. Hein Co., Inc., 1285 Main Street, Buffalo, New York 14209, (800) 828-7571.

South Texas Law Review is published four times each year by the students of South Texas College of Law. Four issues of the Review constitute one volume.

Subscriptions to South Texas Law Review are considered to be continuous and absent receipt of notice to the contrary, it is assumed that a renewal of the subscription is desired. Please notify the Editor in Chief of any change of address at stcl.lawreview.EIC@gmail.com.

TheReview welcomesthesubmission ofunsolicitedmanuscripts. Allsubmissions shouldbe typed and double spaced with footnotes. Citations should conform with The Bluebook: A Uniform System of Citation (Columbia Law Review Ass'n et al. eds., 19th ed. 2010) and, where applicable, the Texas Rules of Form (12th ed. 2010).

Except as otherwise noted,South TexasLaw Review is pleased to grant permission for copies of articles, notes, and book reviews tobe made for classroom use, provided that (1) aproper noticeofcopyrightisaffixedtoeachcopy; (2)theauthorandsourceareidentified;(3)copiesare distributed at or below cost; and (4) South Texas Law Review is notified of the use.

Allcommunications should be addressed to South Texas Law Review 1303 San Jacinto, Houston, Texas 77002 Telephone: (713) 646-1848 or

(713) 659-8040 ext. 1665

Facsimile: (713) 646-2948

Copyright 2014, South Texas Law Review, Inc. All rights reserved.

11

SOUTH TEXAS LAW REVIEW

WINTER 2014 VoL. 56 No. 2

EDITORIALBOARD

2014-2015

DREW DEL JUNCO Editor in Chief

MICHAEL F. LEFEVRE Managing Editor

BENJAMIN L. S. RITZ Information Editor

MARY K. CIBOROWSKI BLAKE FREENY LAUREN E. SCROGGS Note and Comment Editors

JOSEPH ANDERSON

KYLE BouDousaurn

SELINA FERDOUS

ALEXANDRA GEORGE

KELSIE M. HAALAND

EvAN KORNGOLD

HuGo H. HERNANDEZ Executive Editor

ZACHARY CASAS

DREW ERICKSON

LAURA J. THETFORD Articles Editors

PATRICK McGINNIS

DRAKE M. LAWSAGE

MICHAEL LEWIS CHELSEA Lu

Assistant Editors

ASST. DEAN ELIZABETH A. DENNIS Faculty Advisor

PROF. SHELBY A.D. MOORE Faculty Advisor

MARCUS MILLER

TIM REDDEN, JR. CODY THOMAS

WILLIAM R. VAUGHN

PROF. VAL D. RICKS Faculty Advisor

SAMMY MILES Scholarly Publications Coordinator

MEMBER, NATIONAL CONFERENCE OF LAW REVIEWS 111

SOUTH TEXAS LAW REVIEW

WINTER 2014

Members

VOL 56 No. 2

CESAR CHAPA SEAN FARRELL AKSHAR pATEL

SALMA CHARANIA MARY BETH GAHRING BILL PRITCHETT

KAYLA CHUDEJ JAMIE GODSEY ERON REID

CRYSTAL DANG THANH LE IVAN SAENZ

ALEXANDER DEESE KELSEY LEIPER JARROD L. SMITH

CARLOS DoROTEO TERRY McCARTHY ANNAROSE SwERSEY

JEREMY DUNBAR ALEXANDRA pARKER ERIN VINCENT

Candidates

AARON BENDER ERIN DEBOOY DAVID MANN

ANGELA BURNETT STEPHANIE DENTON REBECCA MARSHALL

MICHAEL CoHoDES JovANI DIAZ BROOKE MILBAUER

JORDAN CORBITT JAMES LAWRENCE STEPHEN pASTA

TYLER CUMMINGS JANE LEE ANNA SwANSON

The opinions expressed in the South Texas Law Review are those ofthe contributors and are not necessarily representative ofthe views ofthe editors ofthe Review or of South Texas College of Law.

IV

SOUTH TEXAS COLLEGE OF LAW

DONALD J. GuTER, President, Dean, and Professor of Law

HELEN BISHOP JENKINS, Executive Vice President, and Professor of Law BRUCE A. McGOVERN, Vice President, Associate Dean for Academic Administration, and Professor of Law

CATHERINE GREENE BURNETT, Vice President, Associate Dean, Professor of Law, and Director of the Pro Bono Honors Programs

JOHN J. WORLEY, Vice Presiden� Associate Dean for Academic Affairs, and Professor of Law

FACULTY

JAMES J. ALFINI, B.A., COLUMBIA UNIVERSITY; J.D., NORTHWESTERN UNIVERSITY SCHOOL OF LAw; Dean Emeritus and Professor of Law.

JOHN H. BAUMAN, B.A., POMONA COLLEGE; J.D., STANFORD LAW SCHOOL; Professor of Law.

JosH BLACKMAN, B.S., THE PENNSYLVANIA STATE UNIVERSITY; J.D., GEORGE MASON UNIVERSITY SCHOOL OF LAw; Assistant Professor of Law.

VANESSA BROWNE-BARBOUR, B.A., CARNEGIE-MELLON UNIVERSITY; J.D., DUQUESNE UNIVERSITY SCHOOL OF LAw; Associate Professor of Law.

CATHERINE GREENE BURNETT, B.A., University of Texas; J.D., University of Texas School of Law; Vice President, Associate Dean, and Professor of Law.

ELAINE A. CARLSON, B.S., SOUTHERN ILLINOIS UNIVERSITY; M.A., MCMASTER UNIVERSITY; J.D., SouTH TEXAS COLLEGE OF LAw; Stanley J. Krist Distinguished Professor of Texas Law; 2008 Distinguished Alumna and Professor of Law.

RICHARD R. CARLSON, B.A., WAKE FOREST UNIVERSITY; J.D., UNIVERSITY OF GEORGIA SCHOOL OF LAw; Professor of Law.

SANDRA J. CARNAHAN, B.A., UNIVERSITY OF ARKANSAS AT FAYETTEVILLE; J.D., SOUTH TEXAS COLLEGE OF LAW; LL.M., UNIVERSITY OF HOUSTON LAW CENTER; Professor of Law.

AMANDA HARMON COOLEY, B.A., UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL; J.D., UNIVERSITY OF NORTH CAROLINA SCHOOL OF LAW; Associate Professor of Law.

GEOFFREY S. CORN, B.A., HARTWICK COLLEGE; J.D., GEORGE wASHINGTON UNIVERSITY LAW SCHOOL; LL.M., THE JUDGE ADVOCATE GENERAL'S SCHOOL, UNITED STATES ARMY; Presidential Research Professor and Professor of Law.

SUSAN WAITE CRUMP, A.B., UNIVERSITY OF CALIFORNIA AT DAVIS; J.D., UNIVERSITY OF HousTON LAw CENTER; Professor of Law.

ELIZABETH A. DENNIS, B.A., HOLLINS COLLEGE; J.D., SOUTH TEXAS COLLEGE OF LAw; Assistant Dean, Director of Academic Internships, and Associate Professor of Clinical Studies.

w. DAVID EAST, B.A., BAYLOR UNIVERSITY; J.D., BAYLOR UNIVERSITY SCHOOL OF LAW; LL.M., GEORGE wASHINGTON UNIVERSITY LAW SCHOOL; Director of Transactional Practice Center and Professor of Law.

MATTHEW J. FESTA, B.A. UNIVERSITY OF NOTRE DAME; M.P.A., MURRAY STATE UNIVERSITY; M.A., VANDERBILT UNIVERSITY; J.D., VANDERBILT UNIVERSITY LAW SCHOOL; Professor of Law.

V

JAMES w. PAULSEN, B.F.A., TEXAS CHRISTIAN UNIVERSITY; J.D., BAYLOR UNIVERSITY SCHOOL OF LAw; LL.M., HARVARD LAW ScHooL; Professor of Law.

AMANDA J. PETERS, B.A., TEXAS TECH UNIVERSITY; J.D., TEXAS TECH UNIVERSITY ScHOOL OF LAw; Associate Professor of Law.

JEAN FLEMING POWERS, B.A., UNIVERSITY OF TEXAS; J.D., UNIVERSITY OF HousTON LAW CENTER; Professor of Law.

SCOTT REMPELL, B.A., UNIVERSITY OF MICHIGAN; J.D., AMERICAN UNIVERSITY, WASHINGTON COLLEGE OF LAw; Associate Professor of Law.

JEFFREY L. RENSBERGER, B.A., wABASH COLLEGE; J.D., INDIANA UNIVERSITY, BLOOMINGTON; Vice President for Strategic Planning and Institutional Research and Professor of Law.

CHARLES w. "ROCKY" RHODES, B.B.A., BAYLOR UNIVERSITY; J.D., BAYLOR UNIVERSITY SCHOOL OF LAw; Vinson & Elkins Research Professor and Professor of Law.

VAL D. RICKS, B.A., BRIGHAM YOUNG UNIVERSITY; J.D., BRIGHAM YOUNG UNIVERSITY, J. REUBEN CLARK LAW ScHooL; Professor of Law.

GARY S. ROSIN, B.S., TEXAS A&M UNIVERSITY; J.D., UNIVERSITY OF TEXAS SCHOOL OF LAw; Professor of Law.

NmRI MATHIS RUTLEDGE, B.A., SPELMAN COLLEGE; J.D., HARVARD LAW SCHOOL; Professor of Law.

MARK R. SIEGEL, B.S., B.A., UNIVERSITY OF FLORIDA; J.D., FLGRIDA STATE UNIVERSITY COLLEGE OF LAw; LL.M., EMORY UNIVERSITY SCHOOL OF LAw; Professor of Law.

ANDREW T. SOLOMON, B.A., UNIVERSITY OF MICHIGAN; J.D., BOSTON UNIVERSITY SCHOOL OF LAw; Professor of Law.

TOBIN A. SPARLING, B.A., DARTMOUTH COLLEGE; M.S., COLUMBIA UNIVERSITY SCHOOL OF LIBRARY SERVICE; M.A., COLUMBIA UNIVERSITY GRADUATE SCHOOL OF ARTS & SCIENCES; J.D., COLUMBIA LAW SCHOOL; Professor of Law.

MARKE. STEINER, B.A., UNIVERSITY OF TEXAS; J.D., UNIVERSITY OF HOUSTON LAW CENTER; PH.D., UNIVERSITY OF HousToN; GodwinLewisPCResearch Professor and Professor of Law.

DRU STEVENSON, B.A., WHEATON COLLEGE; J.D., UNIVERSITY OF CONNECTICUT SCHOOL OF LAw; LL.M., YALE LAW ScHooL; Helen and Harry Hutchens Research Professor and Professor of Law.

CHERIE 0. TAYLOR, A.B., HARVARD UNIVERSITY-RADCLIFFE COLLEGE; J.D., UNIVERSITY OF GEORGIA SCHOOL OF LAW; LL.M., GEORGETOWN UNIVERSITY LAW CENTER; Professor of Law.

T. GERALD TREECE, B.A., UNIVERSITY OF HOUSTON; J.D., UNIVERSITY OF HousTON LAW CENTER; Vice President, Associate Dean, Special Counsel to the President and Dean, and W. James Kronzer,Jr. Distinguished Professor of Law.

MICHAELE. WHEELER, B.A., ARKANSAS TECH UNIVERSITY; J.D., UNIVERSITY oF ARKANSAS AT LITTLE RocK WILLIAM H. BowEN ScHoOL OF LAw; Professor of Law.

WILLIAM L. WILKS, B.A., YALE UNIVERSITY; J.D., UNIVERSITY OF MICHIGAN LAW SCHOOL; LL.M., GEORGE wASHINGTON UNIVERSITY LAW SCHOOL; LL.D. (HoN.), DICKINSON SCHOOL OF LAw; DeanEmeritusandProfessor of Law.

KENNETH WILLIAMS, B.A., UNIVERSITY OF SAN FRANCISCO; J.D., UNIVERSITY OF VIRGINIA SCHOOL OF LAw; Professor of Law.

SOUTH TEXAS COLLEGE OF LAW

BOARD OF DIRECTORS

EXECUTIVE COMMITTEE

J. KENNETH JOHNSON '86 Chairman

MICHAEL s. HAYS '74

MICHAEL K. HURST '90

DoN D. JORDAN '69

MICHAEL w. MILICH '97

IMOGEN S. PAPADOPOULOS '84

GORDON QUAN '77

RANDALL 0. SORRELS '87

JAMES D. THOMPSON III '86

MEMBERS

LARRY BAILLARGEON '74

GENORA KENDRICK BOYKINS '85

TAMMY G. BRENNIG '92

FRANK DE LA GRANA '78

STEWART w. GAGNON '74

HoN. EvA GUZMAN '89

GENE L. LOCKE '81

KATRINA RENE

JEFFREY RUSK '83

LIAS J. "JEFF" STEEN '87

AMY DUNN TAYLOR '82

CHAIRMEN EMERITI

DON D. JORDAN '69

MICHAEL s. HAYS '74

IX
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.