Colin P. Marks

Biography

Professor Marks graduated magna cum laude from the University of Houston Law Center in 2001 where he served as an associate editor on the Houston Law Review. After law school, Professor Marks clerked for the Honorable Harold R. DeMoss Jr. on the United States Fifth Court of Appeals for two years.

In Fall 2003, Professor Marks joined the law firm of Baker Botts, L.L.P., in Houston, Texas where he was an associate in the trial department. At Baker Botts, his practice concentrated on commercial litigation, as well as some pro bono criminal work. Professor Marks left Baker Botts in Summer 2006 to join St. Mary’s University School of Law.

Marks was awarded tenure in 2010 and promoted to the rank of full professor that same year. In 2014, Professor Marks was named the inaugural Director of the Master of Jurisprudence Program.

• Member of the American Law Institute (ALI) (elected in
• President (2019-2020), Southeastern Association of Law Schools (SEALS)
• University Excellence Award St. Mary’s University (2017-2018) (awarded to one faculty member per year at the University)
• Distinguished Faculty Award for Excellence in Teaching (2014-2015)
• Business Law Section, UCC Annual Survey Subcommittee Co-Chair (Fall 2013-Present)
• AALS Section on Contracts, Executive Committee (2018-Present)
• AALS Section on Agency, Partnerships, LLCs and Unincorporated Associations, Executive Committee (2013-Present)
• Selected for the 2010 Call for Papers on Freedom of Contract Presented by the Federalists Society and the John Templeton Foundation
• Selected for the 2010 Southeast Association of Law Schools (SEALS) Call for Papers
• St. Mary’s Law Journal Outstanding Faculty Advocate Award (2010)
• Student Bar Association Professor of the Year (2009)
• Order of the Coif

Books and Book Chapters

• Mastering Sales (Carolina Academic Press 2018) (with Jeremy Kidd)
• Color Me Secured (Peter Lane Publishing 2017) (with Marc L. Roark; illustrations by David Spear)
• Business Torts: Cases, Materials and Problems (West 2016) (with Douglas K. Moll)
• Jiminy Cricket for the Corporation: Understanding the Corporate “Conscience”, in Enron and Other Corporate Fiascos: The Corporate Scandal Reader (Nancy B. Rapoport, Jeffrey D. Van Niel & Bala G. Dharan eds., Foundation Press 2d ed. 2009)
• Selected publications can be viewed on Professor Marks’ SSRN page.

Articles in a Periodical

• When is a Warranty Not a Warranty?: Deconstructing the Magnuson-Moss Warranty Act’s Narrow Definition of “Warranty”, U.C.C. L. Rev. (forthcoming)
• Online Terms as In Terrorem Devices, 78 Md. L. Rev. 247 (2019)
• Online and As Is, 45 Pepp. L. Rev. 1 (2018)
• Piercing the Fiduciary Veil, 19 Lewis & Clark L. Rev. 73 (2015)
• Not What, but When is an Offer: Rehabilitating the Rolling Contract, 46 Conn. L. Rev. 73 (2013) (selected as winner of the 2013 Call for Papers on Freedom of Contract Presented by the Federalist Society and the John Templeton Foundation)
• The Irony of AT&T v. Concepcion, 87 Ind. L. J. Supp. 31 (2012)
• Limited Partnership Status and the Imposition of Fiduciary Duties under Texas Law, 63 Bay. L. Rev. 126 (2011)
• The Anticipation Misconception, 99 Ky. L. J. 9 (2010-2011) (selected as winner of the 2010 Southeast Association of Law Schools Call for Papers)
• Plato, THE PRINCE and Corporate Virtue: Philosophical Approaches to Corporate Social Responsibility, 45 U.S.F.L. Rev. 1 (2010) (with Paul S. Miller)
• Corporate Ethical Responsibility and the Lawyer’s Role in a Contemporary Democracy, 77 Fordham L. Rev. 1269 (2009) (solicited colloquium article with Nancy B. Rapoport)
• Jiminy Cricket for the Corporation: Understanding the Corporate “Conscience”, 42 Val. U.L. Rev. 1129 (2008) (Symposium)
• Thomson/McNulty Memo Internal Investigations: Ethical Concerns of the “Deputized” Counsel, 38 St. Mary’s L. J. 1065 (2007) (solicited symposium essay)
• Corporate Investigations, Attorney-Client Privilege, and Selective Waiver: Is a Half-Privilege Worth Having at All?, Seattle L. Rev. 155 (Fall 2006)
• Pre-Launch Litigation Audits: The Double-Edged Nature of the Work-Product Doctrine, IADC Newsletter No. 9 (May, 2006) (with Steve Scheve)
• The Limits of Limiting Liability in the Battle of the Forms: U.C.C. § 2-207 and the “Material Alteration” Inquiry, 33 Pepp. L. Rev. 501 (2006).
• Opening the Door to Business Methods: State Street Bank & Trust Co. v. Signature Financial Group, Inc., 37 Hous. L. Rev. 923 (2000).