- J.D., magna cum laude, University of Houston Law Center, 2001
- B.S. University of Missouri – Columbia, 1997
License to Practice
- United States District Court for the Southern District of Texas
- United States Fifth Circuit Court of Appeals
Specialties and Courses
- Commercial law
- Secured transactions
- Business associations
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, Marks clerked for the Honorable Harold R. DeMoss Jr. on the United States Fifth Court of Appeals for two years. In the fall of 2003, 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, Marks’ practice concentrated on commercial litigation, as well as some pro bono criminal work. Marks left Baker Botts in the summer of 2006 to join St. Mary’s University School of Law. Biography
Member of the American Law Institute (ALI)
Business Law Section, UCC Annual Survey Subcommittee Co-Chair (Fall 2013-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
- Mastering Sales (in progress; under contract ewth Carolina Academic Press publishing for 2018) (with Jeremy Kidd)
- 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
- Online and As Is, _____ Pepp. L. Rev. _____ (forthcoming)
- 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).
- Empirical Approaches – Online Terms and Conditions, February 25, 2017, Twelfth Annual International Conference on Contracts (panelist)
- Contracts, Commercial, and Consumer Law in Action, Section on Commercial and Related Consumer Law & Contracts Joint Program, January 6, 2017, Association of American Law Schools 111th Annual Meeting
- Not What, but When is an Offer: Rehabilitating the Rolling Contract, September 27, 2013, University of Missouri – Columbia School of Law, Colloquia Speaker Series.
- The Religiously-Affiliated Law School and the Legal Academy, August 7, 2013, Discussion Group, Southeastern Association of Law Schools (SEALS) Annual Conference (panelist)
- Student Evaluation Through Multiple-Choice Questions: Good Practice and New Ideas, August 5, 2013, discussion Group, Southeastern Association of Law Schools (SEALS) Annual Conference (panelist)
- Not What, but When is an Offer: Rehabilitating the Rolling Contract, April 12-13, 2013, Call for Papers on Freedom of Contract Presented by the Federalist Society and the John Templeton Foundation.
- Economic Reform and Election-Year Politics: Rhetoric and Reality, July 31, 2012, Southeastern Association of Law Schools (SEALS) Annual Conference (moderator)
- Workshop on Teaching Techniques: Teaching Skills to First-Year Law Students, July 24, 2011, Southeastern Association of Law Schools (SEALS) Annual Conference (moderator)
- Does it Pay to Obey the FAA?, March 14, 2011, Arizona State University College of Law, Southwest Junior Scholars Works-in-Progress Conference
- The Anticipation Misconception, July 31, 2010, Southeastern Association of Law Schools (SEALS) Call for Papers Luncheon, Speaker/Award Winner
- Corporate Legal Compliance in the Naughty Naughties, March 15, 2010, Arizona State University College of Law, Southwest Junior Scholars Works-in-Progress Conference
- Anticipation Misconception, August 4, 2009, Southeastern Association of Law Schools (SEALS) New Scholar Workshop
- Doing Good While Doing Well – Balancing Fiduciary and Ethical Duties with Social Responsibilities in Troubles Times, April 18, 2009, Corporate Counsel Panel, American Bar Association’s Section on Business Law Spring Meeting
- Bankruptcy Reorganizations and Secured Lending After the Financial Crisis, March 27, 2009, St. Mary’s University School of Law Homecoming CLE Program (with Associate Dean Reynaldo Valencia)
- The Lawyer’s Role in a Contemporary Democracy, September 18-19, 2008, Colloquium, Fordham Law School
- Unethical Says Who?: A Look at How People and Institutions Help Businesses Fulfill Their Ethical Obligations, March 27, 2008, Symposium, Valparaiso University School of Law
- Ethical Concerns of Deputized Counsel in Investigations, March 30, 2007, St. Mary’s University School of Law Homecoming CLE Program.
- Thompson/McNulty Memo Internal Investigations: Ethical Concerns of the “Deputized” Counsel, February 23, 2007 Symposium, St. Mary’s Law Journal.
- Waiver of the Attorney-Client Privilege in Corporate Investigations, September 13, 20006 CLE to the Federal Bar Association of San Antonio.
- Corporate Investigations, Attorney-Client Privilege, and Selective Waiver: Is a Half-Privilege Worth Having at All?, September 5, 2006 Presentation tot he Harvard Business School Club, San Antonio Chapter.