Patrick Higginbotham

St. Mary's University School of Law

Visiting Professor of Law

One Camino Santa Maria

San Antonio, TX 78228-8602

United States

SCHOLARLY PAPERS

25

DOWNLOADS

658

SSRN CITATIONS

2

CROSSREF CITATIONS

2

Scholarly Papers (25)

1.

Better By the Dozen: Bringing Back the Twelve-Person Civil Jury

104 Judicature 46 (2020)
Number of pages: 12 Posted: 18 Feb 2021
Steven Gensler, Lee Rosenthal and Patrick Higginbotham
University of Oklahoma College of Law, U.S. District Court for the Southern District of Texas and St. Mary's University School of Law
Downloads 57 (672,603)

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Jury trials, Civil Juries, Federal Procedure, Civil Procedure

2.

Proof of Foreign Law — Uniform Judicial Notice of Foreign Law Act

Alabama Law Review, Vol. 12, 1960
Number of pages: 5 Posted: 04 Jan 2017
Patrick Higginbotham
St. Mary's University School of Law
Downloads 53 (695,410)

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Judicial Notice, Foreign Jurisdiction, Sister States, Foreign Law, Nation Conference of Commissioners on Uniform Laws, Uniform Judicial Notice of Foreign Law Act, American Bar Association, Alabama Legislature, Alabama Statute, Code of Alabama, General Statutes, Burden of Proof, Common Law, Uniform

3.

Judge Robert A. Ainsworth, Jr. Memorial Lecture, Loyola University School of Law: So Why Do We Call Them Trial Courts?

Southern Methodist University Law Review, Vol. 55, 2002
Number of pages: 22 Posted: 04 Jan 2017
Patrick Higginbotham
St. Mary's University School of Law
Downloads 51 (707,703)

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federal trial courts, jury trials, United States District Courts, Alternative Dispute Resolution (ADR), Judge Robert Ainsworth, Ainsworth Memorial Lecture, Loyola University School of Law, federal judicial system, justice system, constitutional principles, Administrative Office of the Federal Courts

4.

Continuing the Dialogue: Civil Juries and the Allocation of Judicial Power

Texas Law Review, Vol. 56, 1977
Number of pages: 14 Posted: 30 Jan 2017
Patrick Higginbotham
St. Mary's University School of Law
Downloads 44 (752,856)

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civil juries, civil jury trial, constitutional principles, Chief Justice Burger, American federal court system, Bill of Rights, Constitution, anti-federalism, Seventh Amendment, England, Judicature Acts, Juries Act, Emergency Provisions of 1939, American judiciary, British civil jury system, Britis

5.

Juries and the Death Penalty

Case Western Reserve Law Review, Vol. 41, No. 4, 1991
Number of pages: 20 Posted: 04 Jan 2017
Patrick Higginbotham
St. Mary's University School of Law
Downloads 40 (781,393)

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Federal Court System, Capital Sentencing, Jury Discretion, Capital Punishment, Constitutional Law, Furman v. Georgia, Walton v. Arizona, Spaziano v. Florida, Cabana v. Bullock, Felony Murder, Intent to Kill, Enmund v. Florida, Aggravating Factors, Mitigating Factors, McGautha v. California, Capital

6.

Laurence Tribe’s Visionary Theories of the Equal Protection Clause

Benchmark Vol. 4, 1990
Number of pages: 12 Posted: 08 Jan 2017
Patrick Higginbotham
St. Mary's University School of Law
Downloads 38 (795,963)

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Professor Laurence Tribe, United States v. Carolene Prod. Co., Equal Protection Clause, Fourteenth Amendment, United States Constitution, Bill of Rights, Louis Michael Seidman, judicial activism, legal issues, equal protection of the laws, constitutional analysis, Civil Rights Act

7.

Bureaucracy—The Carcinoma of the Federal Judiciary

Alabama Law Review, Vol. 31, 1980
Number of pages: 13 Posted: 04 Jan 2017
Patrick Higginbotham
St. Mary's University School of Law
Downloads 36 (811,265)

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federal judiciary, constitutional framework, branches of government, federal courts, Article III judges, judicial review, Constitution, Bill of Rights, constitutional liberties, hearing examiners, commissioners, magistrates, bankruptcy judges, administrative law judges, bureaucracy, bureaucratizatio

8.

The Noerr-Pennington Problem: A View from the Bench

Antitrust Law Journal, Vol. 46, 1977
Number of pages: 7 Posted: 09 Jan 2017
Patrick Higginbotham
St. Mary's University School of Law
Downloads 33 (835,300)

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Noerr-Pennington, Antitrust Law, Antitrust Practitioners, First Amendment, Constitutional Principles, Economic Policies, Constitutional Law Litigation, United Mine Workers v. Pennington, Parker v. Brown, Right to Petition, Redress of Grievances, Article III Courts, Edwards v. South Carolina, Cox V.

9.

Text and Precedent in Constitutional Adjudication

Cornell Law Review, Vol. 73, 1988
Number of pages: 7 Posted: 04 Jan 2017
Patrick Higginbotham
St. Mary's University School of Law
Downloads 31 (851,789)

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Precedent, Constitutional Text, Constitutional Law, Supreme Court, Constitutional Adjudication, Judicial Lawmaking, Judicial Decisionmaking, Stare Decisis, Common Law, Ratio Decidendi, Judicial Power, Judicial Attitude, Constitutional Principles, Constitutional Interpretation

10.

A Reflection on Furman

American Journal of Criminal Law, Vol. 34, 2007
Number of pages: 7 Posted: 04 Jan 2017
Patrick Higginbotham
St. Mary's University School of Law
Downloads 28 (877,808)

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Furman v. Georgia, Antiterrorism and Effective Death Penalty Act (AEDPA), Death Penalty, Capital Cases, State Criminal Convictions, Stone v. Powell, Powell Committee, Habeas Corpus, Federal Habeas Law, Successive Writs, Brown v. Allen, Habeas Jurisdiction, Grants of Certiorari, Capital Punishment

11.

The Continuing Dialogue of Federalism

Kansas Law Review, Vol. 45, 1997
Number of pages: 7 Posted: 04 Jan 2017
Patrick Higginbotham
St. Mary's University School of Law
Downloads 24 (914,645)

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federalism, federal structure, federal courts, constitutional law, constitutional history, federal system, Constitutional Convention, branches of government, Seventh Amendment, Duncan v. Louisiana, Fourteenth Amendment, Ker v. California, Justice Harlan, David L. Shapiro, New York v. United States.

12.

Book Review: Conceptual Rigor: A Cabin for the Rhetoric of Heroism

Texas Law Review, Vol. 59, 1981
Number of pages: 15 Posted: 04 Jan 2017
Patrick Higginbotham
St. Mary's University School of Law
Downloads 24 (914,645)

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Unlikely Heroes, Jack Bass, Court of Appeals, Fifth Circuit, American legal history, Gomillion v. Lightfoot, Tuskegee, gerrymandering, Meredith v. Fair, University of Mississippi, civil rights movement, judicial activism, rule of law, federal judges, Richard T. Rives, Elbert P. Tuttle, John R. Brown

13.

The Present Plight of the United States District Courts

Duke Law Journal, Vol. 60, 2010
Number of pages: 20 Posted: 04 Jan 2017
Patrick Higginbotham
St. Mary's University School of Law
Downloads 22 (933,897)

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United States District Courts, Supreme Court, Article III Judges, Summary Judgement, Magistrate Judges, Administrative Law Judges, Litigation, Federal Trial Courts, Federal Trial Judges, Discovery, Arbitration, Alternative Dispute Resolution (ADR), Federal Arbitration Act (FAA), Twelve-Person Jury

14.

David Shapiro's Adversary Statement on Federalism

Michigan Law Review, Vol. 94, 1996
Number of pages: 8 Posted: 04 Jan 2017
Patrick Higginbotham
St. Mary's University School of Law
Downloads 21 (943,731)

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Federalism: A Dialogue, David L. Shapiro, Julius Rosenthal Lectures, federalism, nationalism, adversary format, Constitution, constitutional limits, state sovereignty, state autonomy, federal government, national government, national authority, The Federalist Papers, Guaranty Clause, republican gove

15.

Some Judicial Adjustments to the Rights of Recovery under the Federal Antitrust Laws

Alabama Law Review, Vol. 26, 1974
Number of pages: 21 Posted: 04 Jan 2017
Patrick Higginbotham
St. Mary's University School of Law
Downloads 19 (963,928)

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Rights of Recovery, Federal Antitrust Laws, Clayton Act, Antitrust Enforcement, Antitrust Litigation, Disposition of Causation, Proof of Causation, Target Area, Statutory Requirements, Material Cause, Causative Factors, Direct Cause, Remoteness, Directness Doctrine, Target Area Limitation

16.

A Few Thoughts on Judicial Supremacy: A Response to Professors Carrington and Cramton

Cornell Law Review, Vol. 94, 2009
Number of pages: 19 Posted: 04 Jan 2017
Patrick Higginbotham
St. Mary's University School of Law
Downloads 18 (974,148)

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Professor Paul Carrington, Professor Roger Cramton, American judicial independence, separation of powers, United States Supreme Court, Constitution, constitutional principles, superlegislation, inferior federal courts, constitutional values, delegation, arbitration, decline of trials, Federal Rules

17.

Mahon Lecture

Texas Weleyan Law Review, Vol. 12, 2006
Number of pages: 11 Posted: 04 Jan 2017
Patrick Higginbotham
St. Mary's University School of Law
Downloads 18 (974,148)

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Federal District Court, Federal Trial Judge, Federal Trial Lawyer, Trial Court, Magistrate Judges, Hearing Examiners, Administrative Law Judges, United States District Court, American Bar Association, Litigation Section, Federal Magistrate System, Discovery Management, Federal Magistrates Act

18.

Thoughts About Professor Resnik's Paper

University of Pennsylvania Law Review, Vol. 148, 2000
Number of pages: 11 Posted: 04 Jan 2017
Patrick Higginbotham
St. Mary's University School of Law
Downloads 15 (1,004,980)

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Regulatory compliance, compensation, victim, Rule 23, Enabling Act, private damage suits, class action, private settlement, fees.

19.

Notes on Teague

Southern California Law Review, Vol. 66, 1993
Number of pages: 20 Posted: 04 Jan 2017
Patrick Higginbotham
St. Mary's University School of Law
Downloads 14 (1,015,375)

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Teague v. Lane, Habeas Corpus, Direct Appeal, Criminal Law Jurisprudence, Retroactivity, Collateral Review, Death Penalty Jurisprudence, Justice Harlan, Professor Liebman, Fay v. Noia, Warren Court, Brown v. Allen, Fourth Amendment, Constitutional Law

20.

Dedication-Fifth Circuit Survey

Texas Tech Law Review Vol. 17 1986
Number of pages: 5 Posted: 09 Jan 2017 Last Revised: 03 Mar 2017
Patrick Higginbotham
St. Mary's University School of Law
Downloads 13 (1,025,475)

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United States Court of Appeals, Fifth Circuit Court of Appeals, asbestosis cases, judicial role, sanctions, frivolous appeals, pretrial preparation, pretrial litigation, notice pleading, pretrial discovery, judicial resources, civil procedure, federal courts, Elliott v. Perez, State of Louisiana ex

21.

Foreword

Southern Methodist University Law Review, Vol. 54, 2001
Number of pages: 2 Posted: 06 Jan 2017
Patrick Higginbotham
St. Mary's University School of Law
Downloads 13 (1,025,475)

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jury responsibility, civil juries, jury trial, tort reform, products liability, Dallas Morning News, jury study, Seventh Amendment, SMU Law Review, Civil Rights Act

22.

Reflections on Reform of § 2254 Habeas Petitions

Hofstra Law Review, Vol. 18, 1990
Number of pages: 23 Posted: 04 Jan 2017
Patrick Higginbotham
St. Mary's University School of Law
Downloads 13 (1,025,475)

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Habeas Corpus, Federal Habeas Petitions, United States Code § 2254, Habeas Doctrine, Habeas Proceedings, Successive Writ Applications, Powell Committee, Courts of Appeals, Teague v. Lane, Justice Harlan, Habeas Corpus Law, Brown v. Allen, Reconstruction Legislation, Constitutional Rights

23.

Does the System Cause Excessive Legal Fees?

Forum Vol. 14, 1979
Number of pages: 12 Posted: 04 Jan 2017
Patrick Higginbotham
St. Mary's University School of Law
Downloads 12 (1,035,343)

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litigation costs, American Assembly on Law and the Changing Society, Philip Hauser, Dean Murray L. Schwartz, adversary system, adversary model, trial preparation, litigation expense, discovery mechanisms, discovery process, legal advocates, law offices, sale of time, legal services, billable time

24.

Judicial Attitudes: Pylons for the Advocate

Review of Litigation, Vol. 5, 1986
Number of pages: 18 Posted: 04 Jan 2017
Patrick Higginbotham
St. Mary's University School of Law
Downloads 11 (1,045,080)

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judicial attitudes, legal philosophy, philosophy of law, judicial ideology, Fifth Circuit Court of Appeals, Louisiana ex rel. Guste v. M/V Testbank, Robins Dry Dock & Repair Co. v. Flint, legal principles, economic loss rule, physical harm rule, attitudinal cues, judicial role, judicial liberalism

25.

Foreward to Symposium: Evaluation of the Civil Justice Reform Act

Alabama Law Review, Vol. 49, 1997
Number of pages: 6 Posted: 06 Jan 2017
Patrick Higginbotham
St. Mary's University School of Law
Downloads 10 (1,054,709)

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Civil Justice Reform Act, RAND study, Federal Judicial Center, data gathering, empirical research, federal courts, judicial practices, judicial governance, Advisory Committee on Civil Rules, systematized research, rulemaking, discovery, federal rules of civil procedure, trial courts, trial alternati

Other Papers (6)

Total Downloads: 73
1.

Insurancev — Scope of Doctrine of Friendly Fire

Alabama Law Review, Vol. 13, 1960
Number of pages: 4 Posted: 04 Mar 2017
Patrick Higginbotham
St. Mary's University School of Law
Downloads 15

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Fire Insurance, Friendly Fire Doctrine, Hostile Fire Doctrine, Excessive Fire, Freeberg Pie Co. v. St. Paul Mut. Ins., 29A Am. Jur. Insurance § 1287 (1960), Austin v. Drew, O'Connor v. Queen Ins. Co., Way v. Abington Mut. Fire Ins. Co., Professor Vance, Hartford Fire Ins. Co. v. Armstrong

2.

Book Review: Narratives Drawn from Rich Experience: Mayer Brown's Federal Appellate Practice

Journal of Appellate Practice and Process, Vol. 10, 2009
Number of pages: 2 Posted: 04 Jan 2017
Patrick Higginbotham
St. Mary's University School of Law
Downloads 14

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Federal Appellate Practice, Supreme Court and Appellate Practice, Supreme Court Practice, Legal Reference, Appellate Jurisdiction, Appellate Motions, Federal Appeal, Appellate Lawyer, Appellate Specialist, Robert Stern

3.

Federal Trial Courts: The Changing Scene

International Society of Barristers Quarterly Vol. 21, 1986
Number of pages: 9 Posted: 04 Jan 2017
Patrick Higginbotham
St. Mary's University School of Law
Downloads 13

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federal trial courts, trial lawyers, trial procedures, justice, efficiency, federal judiciary, judicial duties, delegation, Article III judges, judicial power, magistrate judges, district judges, U.S. v. Raddatz, jury size, jury selection, expert testimony, lay testimony, Federal Rules of Evidence,

4.

Luncheon Address

Antitrust Law Journal , Vol. 57, 1988
Number of pages: 11 Posted: 04 Jan 2017
Patrick Higginbotham
St. Mary's University School of Law
Downloads 12

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American lawyers, legal community, bar association, law firms, social change, adversary system, legal profession, public good, common good, professional purpose, professional identity, public servants, Justice Hugo Black, legal values.

5.

A Note About a Colleague

Texas Law Review, Vol. 76, 1998
Number of pages: 5 Posted: 04 Jan 2017
Patrick Higginbotham
St. Mary's University School of Law
Downloads 10

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Judge Garwood, Graham v. Collins, capital punishment, death penalty jurisprudence, United States Court of Appeals, Fifth Circuit, jury discretion, Lockett v. Ohio, Eddings v. Oklahoma, federal habeas corpus, federalism, public law, constitutional law

6.

In Memoriam: Irving L. Goldberg Memorial

Texas Law Review, Vol. 73, 1995
Number of pages: 4 Posted: 04 Jan 2017
Patrick Higginbotham
St. Mary's University School of Law
Downloads 9

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Irving L. Goldberg, United States Court of Appeals, Fifth Circuit, Lyndon B. Johnson, Graves v. Barnes, Roe v. Wade, Rodriguez v. San Antonio Independent School District, memorial, Democratic politics, American legal history.