South Texas Law Review
South Texas Law Review (Law Review) is a student edited scholarly publication. Law Review is a scholarly periodical edited and published by second- and third-year students of STCL Houston selected for membership based on outstanding scholarship and writing abilities. An Advisory Council comprised of respected judges, practitioners, and law professors assist the Members, while faculty advisors guide the direction of the organization.
Published four times a year, each issue contains articles on topics at the forefront of developing legal theory and practice. Law Review has conducted an annual Ethics Symposium for over 30 years as of 2023. In recent years, Law Review has included articles by, among others, former United States Supreme Court Chief Justice William H. Rehnquist, Associate Justices of the Supreme Court William J. Brennan, John Paul Stevens and Clarence Thomas, former Attorney General of the United States Edwin Meese III, former Secretary of State James A. Baker III, and Judge Edith Jones of the Fifth Circuit.
The legal profession holds law review membership in high esteem and recognizes it as an indication of skill and commitment. Besides allowing Members to work and socialize with their peers, membership also provides an opportunity for students to publish in Law Review.
The Texas Bar Foundation has honored South Texas Law with the 2024 Outstanding Law Review Article Award for “Summary Judgments in Texas: State and Federal Practice,” published in the 2023 South Texas Law Review, vol. 62-2. p.99.
The Faculty Advisors for Law Review are Professors Charles (Rocky) Rhodes and Amanda Peters. Professor Rhodes can be contacted at crhodes@stcl.edu and Professor Peters can be reached at apeters@stcl.edu.
Students join Law Review by being accepted after the successful completion of a write-on process. Law Review holds joint write-ons with CURRENTS: Journal of International Economic Law (CURRENTS: JIEL). To write on to both South Texas Law Review and CURRENTS:JIEL, students must complete the Write-On Competition assignments. Students participating in the Write-On can specify a desire to be considered for one or both journals. Currently Write-Ons are held at least three times a year:
- After the completion of the1st year full time spring academic semester;
- Right be for the following fall academic semester
- After the fall academic semester (the December break)before the start of the spring academic semester.
For those planning to take part in upcoming Write-Ons, please look for and attend the information sessions put on by the Editors-in Chief of South Texas Law Review and CURRENTS:JIEL. Meanwhile, feel free to email either of the Editors-in Chief.
The Write-On assignment is comprised of two components: a case note, and grammar & editing exercise. The case note is a detailed analysis of a recent case through support or criticism of the respective court’s rationale and holding, which showcases necessary legal research and writing skills. Where the case note upholds substance over form, the editing exercise values the exact opposite. The editing exercise tests the student’s ability to adhere to the strict guidelines set forth in the Bluebook, the Green book, and the Manual on Usage and Style. The grammar exercise tests the student’s ability to think through the mechanics of syntax and focuses on proper use of vocabulary, punctuation, and, of course, grammar.
Students must submit all components of the assignment to the Coordinator of Scholarly Publications by the set deadline to qualify for consideration for either journal. Write-On submissions are reviewed anonymously, and offers are extended by South Texas Law Review and CURRENTS:JIEL to successful candidates.
Answers to questions about Law Review can be found in the following section of Frequently Asked Questions.
Submission Process & Article Requirements
The South Texas Law Review invites academics, practicing lawyers, and judges to submit articles for publication. The STLR does not accept submissions from current students, with the exception of STLR students (please refer to the PPM).
The STLR publishes four times per academic year. Certain issues may be reserved for symposium content. Articles need to be either in Microsoft Word or Word Perfect format when submitted. The STLR uses footnotes for citations. Please format citations using The Bluebook’s guidelines.
Submitting an Article
To submit an article, please submit via Scholastica HQ. You may also submit a hard copy to the STLR at:
South Texas Law Review
1303 San Jacinto
Houston, TX 77002
You can also e-mail submissions to LawReview@stcl.edu For any questions, please call 713-646-1749.
Submission Status
Once an article is received by the STLR, it will be filtered by the Editor in Chief (EIC) to make sure it meets the STLR’s requirements for submission. It will then be voted on by the board for acceptance. The EIC may contact the submitter to extend an offer for publication.
We are unable to provide status checks online at this time.
ALAMO HEIGHTS v. CLARK: LET’S TALK ABOUT SEXUAL ORIENTATION AND IT’S ROLE IN ESTABLISHING SAME-SEX HARASSMENT
— Rachael Thomson
LIGHTNING STRIKES THE TEXAS SUPREME COURT
— Hannah Fred
B.C. v. STEAK N SHAKE OPERATIONS, INC.: SHAKING UP TEXAS’S INTERPRETATION OF THE TCHRA
— Sydney Huber
UNION PACIFIC R.R. CO. V. NAMI: HOW FELA’S RELAXED CAUSATION STANDARD MAY BITE TEXAS RAILROAD EMPLOYERS— Lani Durio
PICKING UP THE TAB: TEXAS’ OIL & GAS POSTPRODUCTION BATTLE— Gabriel Gonzalez
MINIMUM CONTACTS ANALYSIS AND BROADCAST SIGNALS IN TEXAS— Christy Gilbert
BACK TO BASICS: How Whistleblower Protection is Limited to Whistleblowers in Asadi v. G.E. Energy
—Drew Erickson
IN RE DEEPWATER HORIZON: Texas to Revisit Atofina to Decide Scope of Additional-Insured Liability Coverage
—Laura J. Thetford
IT’S NONE OF YOUR (PRIMARY) BUSINESS: Determining When An Internet Speaker Is A Member Of The “Electronic Media” UnderSection 51.014(A)(6)—Drew del Junco
PLANNED PARENTHOOD V. ABBOTT: The Constitutionality Of Admitting Privileges Requirements—Blake Freeny
TEXAS RICE LAND PARTNERS, LTD. V. DENBURY GREEN PIPELINE-TEXAS, LLC: TEXAS EMINENT DOMAIN LAW AND THE NOT-SO-COMMON COMMON CARRIER STATUS— Emily Quiros
NONSUBSCRIBERS’ CLAIMS OF “NO DUTY” AGAINST EMPLOYEE’S WORKPLACE INJURIES—Stephen L. Pasta
DISCRIMINATE ARBITRATION: How the Federal District Court’s Decision in Fernandes V. Dillard’s, Inc. Shows that Title VII Must be Unarbitratable—Salma Charania
FPL FARMING, LTD. V. ENVIRONMENTAL PROCESSING SYSTEMS, L.C.: Subsurface Trespass in Texas—David Mann
The subscription price to the South Texas Law Review is $32.50 per year (plus applicable sales tax). The price for a single symposium issue is $25.00.
If you are interested in subscribing to the South Texas Law Review, please contact Jake Hubble, Senior Coordinator, Scholarly Publications, at 713-646-1749 or jhubble@stcl.edu.
All past issues are available for purchase from the South Texas Law Review publisher, which may be contacted as follows:
William S. Hein Co., Inc.
1285 Main Street, Buffalo
New York, 14209
1-800-828-7571
Annual Ethics Symposium
Looking Forward: Navigating the Future of Law
This Symposium will provide attendees with insights on the ethical considerations in developing areas of Advocacy. The event will provide both CLE and Ethics hours: 4 CLE and Ethics hours
Date of event: Friday, February 28, 2025
Location: South Texas College of Law Houston campus, Garrett-Townes Hall
Time: 9 a.m. – 3:00 p.m. (Check-in @ 8:30 a.m.)
Food: Light breakfast Provided by CandyMan & Lunch Provided by Treebeards
Cocktail Reception: 3:15 p.m.
Event Registration – CLOSED
Tentative Schedule and Learning Objectives
*Speakers and topics may be subject to change.
Guest Speakers
Background
Born and raised in Houston, Cordt obtained his undergraduate from Tulane University in New Orleans and his law degree from South Texas College of Law. At South Texas, Cordt clerked for the Chief Justice of the 1st Court of Appeals and excelled in the school’s nationally renowned trial advocacy program, earning the title of top trial advocate in his class. He was inducted into the prestigious Order of Barristers – a national honorary society for those who demonstrate extraordinary skills in the courtroom. He was also voted the Most Outstanding Graduate of his law school class by his peers. Shortly after graduation, he was asked to return to the law school as an adjunct professor in trial advocacy, a class he still teaches to this day.
After law school, Cordt began his career as a prosecutor with Harris County District Attorney’s Office, where spent his days trying cases in felony, misdemeanor, and juvenile courts. He was quickly promoted to Chief Prosecutor of a misdemeanor court, chosen to supervise and train new recruits. He was then hand-picked to work as an attorney in one of the most prestigious criminal firms in the state.
Criminal Defense
Cordt’s accomplishments as a defense lawyer quickly proved that defending individuals was his true calling. He has successfully represented judges, professional athletes, police officers, lawyers, doctors, and celebrities. He has particularly extensive experience in complex, white-collar charges and investigations, environmental crimes, and large-scale narcotics conspiracies.
He has been a National Trial Lawyers Association “Top 40 Under 40” Criminal defense lawyer since 2015, and a SuperLawyers “Rising Star” in White Collar Criminal Defense (an honor given only to the top 2.5% of attorneys nationwide) since 2017. In 2015, he was inducted as a graduate of Gerry Spence’s renowned Trial Lawyers’ College, an honor given to only 50 lawyers nationwide. His cases and victories are frequently featured in the media.
Cordt was recently elected to serve on the Board of Directors of the Harris County Criminal Lawyers Association. He is an accomplished musician and currently lives in Houston with his family.
Claire Andresen is an accomplished prosecutor and visiting assistant professor at STCL Houston. Andresen spent two years as assistant general counsel for a large public school district and a decade as a successful assistant district attorney – working first in Harris County and then in Fort Bend County. Andresen brings a depth of knowledge to her role in teaching criminal law. A graduate of Rice University and Washington & Lee University School of Law, Claire started her legal career at the Harris County District Attorney’s Office, one of the largest in the country. Claire was recruited to join the Public Integrity Division, where she worked hand-in-hand with investigators on cases involving public servants under criminal suspicion. Claire tried the most serious offenses to verdict, including murder, capital murder, and aggravated robbery. In 2017, Claire was recruited to the Fort Bend County District Attorney’s Office to work in the Child Abuse Division. Claire handled cases involving child physical and sexual abuse and child exploitation/CSAM. Claire became a lead prosecutor for the office’s human trafficking initiative and helped secure grant funding for the innovative program. As part of her work, Claire served on three collaborative task forces related to human trafficking and CSAM.
Justice (ret.) John G. Browning joined the Faulkner Law Faculty in 2021. He serves as Distinguished Jurist in Residence.
Prior to joining the Faulkner Law Faculty, Justice Browning practiced civil litigation for thirty-five years, and was a partner in several national law firms. He also served as a justice on Texas’
Fifth Court of Appeals. In private practice, Justice Browning tried numerous cases to verdict in state and federal courts, and handled many appeals. During his career, he earned the “AV
Preeminent” rating from Martindale Hubbell, was consistently designated a “Texas Super Lawyer,” and was elected to multiple trial lawyer honorary societies such as the International
Association of Defense Counsel and the Litigation Counsel of America. Justice Browning has served in a leadership capacity with state and national legal organizations, including as president of SCRIBES, the American Society of Legal Writers; chair of the Institute for Law and Technology at The Center for American and International Law; and trustee of the Texas Supreme Court Historical Society. He holds or has held appointments from the Supreme Court of Texas to its Advisory Committee and the Professional Ethics Committee of the State Bar of Texas.
Justice Browning has received the highest awards in the legal profession for his legal writing, service, and legal ethics and professionalism. These include the ABA Silver Gavel Award
(2022); being named a “Courageous Judge” by the National Judicial College (2023); the State Bar of Texas Presidents’ Certificate of Merit (2016); the Dallas Bar Association’s Presidential Citation (2020); the Texas Bar Foundation’s Dan Rugeley Price Memorial Award (2013); the Texas Bar College’s Pat Nester Award for Lifetime Achievement in and Contributions to
Continuing Legal Education (2020); the Texas Bar Foundation’s Lola Wright Foundation Award or Lifetime Achievement in and Contributions to Legal Ethics (2016); the Texas Bar College’s Jim D. Bowmer Professionalism Award (2016); the Texas Bar CLE’s “Standing Ovation” Award as outstanding speaker (2012); the Texas Bar Litigation Section’s Luke Soules Award for Lifetime Achievement in Litigation (2022); and the Texas Supreme Court Historical Society’s President’s Award (2022). His legal writing has also earned many accolades, such as four Burton Awards for Distinguished Achievement in Legal Writing (2009, 2010, 2012, and 2014); the Texas Bar Foundation’s Outstanding Law Review Article Award (2012, 2023); the Texas Bar College’s Outstanding CLE Article of the Year Award (2012); the Oklahoma Bar Association’s Golden Quill Award for Best Legal Article (2021); the Houston Bar Foundation’s Outstanding Legal Article of the Year Award (2020); and the Defense Research Institute’s G. Duffield Smith Outstanding Publication of the Year Award (2016).
Justice Browning is an elected member of the prestigious American Law Institute (2009). He has held adjunct appointments at SMU Dedman School of Law, Texas A&M University School of Law, and Texas Tech University School of Law, and has been a faculty member for the Federal
Judicial Center, the National Center for State Courts, the Appellate Judges Educational Institute, and the Texas Center for the Judiciary. Justice Browning is a nationally recognized thought
leader in legal ethics and in law and technology, and serves as chair of the State Bar of Texas’ Taskforce for Responsible AI and the Law. His work has been cited in judicial opinions in state
and federal courts all over the country, and in practice guides in 11 states. Justice Browning has been quoted in The Wall Street Journal, The New York Times, the Washington Post, CNN, USA
Today, Bloomberg Law, Business Insider, Law.com, Law360, the ABA Journal, and many other publications. He is the author of 5 law books, more than 60 law review articles, and hundreds of
articles in other legal publications.
With a strong background in energy and maritime matters, Ken has wide-ranging experience representing corporate clients in litigation and arbitration throughout the Gulf Coast region.
In the energy industry, Ken represents a host of various upstream and midstream entities in all manners of commercial and personal injury litigation, both defending and prosecuting breach of contract, tort liability, product liability claims, as well as employment-related litigation. Throughout his career, Ken has represented a variety of oil field service providers, drilling and exploration companies, operators, pipeline operators and heavy construction companies. He has also represented electric and gas utility companies, independent power producers and other energy service providers before various federal and state agencies, including the Public Utility Commission of Texas, regarding various regulatory and enforcement actions.
In the Maritime sector, Ken has extensive experience representing clients in connection with claims brought under the Jones Act, Outer Continental Shelf Lands Act (OCSLA), the Longshore and Harbor Workers Compensation Act (LHWCA), Death on the High Seas Act (DOHSA) and the General Maritime Law. Ken’s clients include dredging contractors, diving contractors, offshore supply vessel owners and operators, seismic and geophysical operators and drilling contractors.
Ken also regularly represents both onshore and offshore service companies and other energy clients in connection with internal investigations, Occupational Safety and Health Administration (OSHA) inspections and in defending against citations and penalties before the Occupational Safety Health Review Commission (OSHRC).
Seth J. Chandler is a Law Foundation Professor of Law at the UH Law Center who specializes in constitutional law and the application of mathematics and computer science to law. Professor Chandler won a prestigious university-wide teaching excellence award in 1995, was a first year winner of the Innovator Award from Wolfram Research, received the President’s Medal from Loyola University for extraordinary service in the aftermath of Hurricane Katrina, and has been called on twice to testify before Congress on the Affordable Care Act. Professor Chandler has a broad Internet presence, including a YouTube Channel for his course Analytic Methods for Lawyers. He is also developing expertise in Large Language Models for use by Lawyers. He practiced with Munger, Tolles & Olson in Los Angeles and Williams & Connolly in Washington, D.C. before beginning his academic career in 1990 at the UH Law Center. Professor Chandler teaches constitutional law, insurance law, Analytic Methods for lawyers, and other courses.
Ellen Conley is a partner in the Energy, Power and Natural Resources Practice Group in the Houston office of Haynes Boone. She handles energy finance matters, as well as the acquisition and disposition of oil and gas properties. Ellen represents banks, private capital providers, and upstream and midstream energy companies on traditional debt and non-traditional financing transactions. She also assists oil and gas companies in acquisition and divestiture transactions through asset or equity sales, and with operational matters, including the review and negotiation of industry agreements.
Ellen has also been involved in several exploration and production bankruptcies and restructurings.
Ellen was selected for inclusion in Texas Super Lawyers Rising Stars, Thomson Reuters, for Energy and Natural Resources, 2023-2024, and has been included in the “Ones to Watch” category of The Best Lawyers in America, Woodward/White, Inc., since 2021.
Ellen is an adjunct professor at South Texas College of Law Houston and taught “Transactional Skills – Oil & Gas” in Spring 2024. She also serves on the Thomson Reuters Practical Law Oil and Gas Advisory Board.
Christina Crozier has been a member of Haynes Boone’s appellate practice group for nearly two decades. She is board certified in civil appellate law by the Texas Board of Legal Specialization and has been repeatedly recognized by Texas Super Lawyers (Thomson Reuters) and Best Lawyers in America (Woodward/White, Inc.) in the area of appeals.
Christina’s practice centers on effective legal writing and persuasive oral advocacy. She has broad experience drafting dispositive motions and appellate briefs and has presented oral arguments in the Fifth Circuit, the Texas Supreme Court, and numerous Texas courts of appeals.
Outside of Haynes Boone, Christina is a professor at the University of Houston Law Center, where she teaches legal writing to first-year students. She also regularly teaches continuing legal education courses to lawyers and judges on topics such as error preservation, the jury charge, and the impact of artificial intelligence on legal writing.
An enthusiastic supporter of the bar, Christina has chaired the Appellate Practice Section of the Houston Bar Association and is a Houston Bar Foundation Fellow.
The Honorable Jennifer Walker Elrod joined South Texas College of Law Houston as the jurist in residence in fall 2022. She serves as a chief judge for the U.S. Court of Appeals for the 5th Circuit, with chambers in Houston. Prior to her confirmation, Judge Elrod was appointed and twice elected judge of the 190th District Court of Harris County, where she spent six years presiding over more than 200 jury and non-jury trials. Judge Elrod is an elected member of the American Law Institute and serves on the Texas State Bar Committee on Pattern Jury Charges and the Board of Directors of the Texas Center for Legal Ethics and Professionalism.
Judge Elrod is a Phi Beta Kappa graduate of Baylor University, which recently recognized her as an Outstanding Young Alumna. She graduated cum laude from Harvard Law School, where she was an Ames Moot Court finalist and senior editor of the Harvard Journal of Law & Public Policy. Following law school, she clerked for the Honorable Sim Lake of the U.S. District Court for the Southern District of Texas. Before taking the bench, Judge Elrod was in private practice, focusing on civil litigation, antitrust, and employment matters.
Thomas Hogan is a former chief prosecutor from Chester County, Pennsylvania, and a visiting assistant professor at STLC Houston. After practicing law at a major international law firm and litigation boutique, he served as a federal prosecutor for the U.S. Department of Justice. Twice elected to serve as the district attorney in Chester County, Hogan also chaired the Liberty Mid-Atlantic HIDTA and coordinated drug law enforcement for state and local organizations across a three-state area. He obtained his Master of Science degree in criminology from the University of Pennsylvania, and he has taught lawyers, law students, and graduate students from various disciplines in multiple subjects, including criminal procedure, trial advocacy, ethics, officer-involved shootings, and statistical problems.
With a primary focus on oil and gas law, renewable energy and CCS, employment law, and bankruptcy law, Mr. Kuiper’s legal practice caters to a diverse range of clients within the energy sector. He is highly regarded for his role as outside counsel, providing valuable insights and guidance to private equity oil and gas companies and Fortune 500 corporations.
Throughout his career, Mr. Kuiper has been instrumental in facilitating corporate acquisitions cumulatively valued at billions of dollars. From transactional services to adeptly handling civil disputes and litigation, he has consistently delivered exceptional results for clients, including both young professionals and large corporations.
Mr. Kuiper’s journey began with a Bachelor of Arts degree in Political Science from The University of Texas, followed by earning his Juris Doctor (J.D.) at South Texas College of Law. Having honed his skills at prominent private practices specializing in Oil & Gas law, he identified the need for a more efficient, cost-effective, and client-centered approach to representation. This realization led him to establish his own firm, Kuiper Law Firm, PLLC, dedicated to providing an exceptional experience through effective, efficient, and personable representation, backed by a profound understanding of the industry.
Since 2006, Mr. Kuiper has made Texas his cherished home after honorably serving in the United States Marine Corps. His extensive reach extends to admissions in Texas, North Dakota, New Mexico, Pennsylvania, and Wyoming, where he continues to be a member of various professional organizations.
Driven by a deep-rooted passion for excellence and a genuine commitment to understanding his clients’ unique needs, Mr. Alex Kuiper remains a driving force in the legal arena. With a relentless pursuit of top-tier representation and dedicated advocacy for individuals and corporations alike, he continues to shape the energy industry’s legal landscape with distinction and proficiency.
Jet McGuire represents corporate clients and entrepreneurs in various business matters including corporate formation and governance, conversions, restructuring, contract negotiations, real estate transactions, complex aviation transactions and leasing arrangements, and general business matters.
He graduated cum laude from SMU Dedman School of Law where he was on the pro bono honor roll and served as associate managing editor of the SMU Law Review. Prior to participating in BoyarMiller’s summer associate program, he held summer positions with a Dallas law firm and a commercial real estate broker.
Jet is committed to helping clients achieve their short- and long term business goals and making a meaningful difference in their lives. When he is not working, Jet enjoys travel and is a licensed private pilot. He is a published author in the Journal of Air Law and Commerce on the “uberization of private air travel.”
Martin Siegel’s legal experience has been especially varied, ranging from a large national firm to a small litigation boutique to solo practice. He has worked in all three branches of the federal government.
After completing the University of Texas and Harvard Law School, Siegel clerked for the Hon. Irving R. Kaufman on the United States Court of Appeals for the Second Circuit. From 1992 to 1994, he was an associate in the Washington office of Jenner & Block, where he worked on appellate, commercial, intellectual property, and environmental matters. He also helped prepare and present a habeas corpus petition to a Maryland trial court for death row inmate Kevin Wiggins. The U.S. Supreme Court eventually vacated Wiggins’ sentence and set new standards for counsel in capital cases.
From 1995 to 2000, Siegel served as an Assistant United States Attorney in the Southern District of New York, where his practice focused on bringing civil rights actions, defending statutes from constitutional challenge, and representing federal agencies and officers. His civil rights cases included a complaint under the Voting Rights Act following fraud in a Bronx school board vote, some of the first cases nationally under the Freedom of Access to Clinic Entrances Act, a suit targeting discriminatory zoning in violation of the Americans with Disabilities Act, and an investigation of NYC’s Parks Department for employment discrimination. In1999, he received DOJ’s Director’s Award for his trial defense of Sidney Gottlieb, who devised the CIA’s LSD experimentation program in the 1950s.
In 2000-01, Siegel served as Special Counsel on the staff of the U.S. Senate Judiciary Committee, where his responsibilities included drafting and analyzing legislation on election reform, campaign finance, criminal justice, immigration, and other issues.
From 2001-06, Siegel was a partner at Watts Law Firm in Houston, where he worked on commercial, product liability, intellectual property, and other litigation. Victories included a substantial confidential settlement in franchise litigation on behalf of Texas beer distributors against Anheuser-Busch, and a significant arbitral award for the founder of a securities firm illegally ejected from his business just before its sale for $150 million.
Siegel established the Law Offices of Martin J. Siegel to focus on appellate advocacy in 2007. In addition to extensive writing on legal topics, Siegel founded and directs the Appellate Civil Rights Clinic at the University of Houston Law Center, where he also teaches American Legal History. He also currently chairs the board of the Anti-Defamation League, Southwest Region, and has drafted state legislative testimony and amicus briefing for the ADL.
Downtown Houston Location and Parking Information
Metered street parking and paid garage parking is available in the area surrounding the campus.
Guests can find nearby street parking and garage locations and rates at downtownhouston.org/parking.
Please send all questions about Law Review to Jake Hubble, Manager of Scholarly Publications at jhubble@stcl.edu or 713.646.1749.
