Biography

Professor Mather joined the St. Mary’s faculty in 1985, after practicing law in a civil practice firm in Illinois and studying for her LLM degree. She teaches and writes in the areas of Property, Family Law and Wills and Trusts. She also taught Population Law and Policy several times for the St. Mary’s Institute on World Legal Problems in Innsbruck Austria and has served as co-director of the Institute. She has been a visiting professor at the University of Texas and the University of Illinois.

She served as the Associate Dean for Academic and Student Affairs at the law school from 1999 – 2002 and 2006 to 2016. In her capacity as Associate Dean she worked with students and faculty on assessment, curriculum development, student disability services, academic standards, and student academic issues.
She currently sits on the Texas Lawyer’s Assistance Program Committee for the State Bar of Texas and the Board of Trustees for the Texas Center for Legal Ethics.

• Appointed as the Chair Texas Lawyers’ Assistance Program Committee, 2018 to 2021
• Appointed to the Board of Trustees for the Texas Center for Legal Ethics, 2018 to 2020
• Appointed to the State Bar of Texas’s Texas Lawyers’ Assistance Program Committee, 2015-2020
• Phi Delta Phi Outstanding Professor Award, 1988-89, (shared award); 1993-94
• St. Mary’s University Alumni Association Distinguished Faculty Award, 2010-11
• Taught as a visiting professor at the University of Illinois and the University of Texas
• Taught in the St. Mary’s Institute on World Legal Problems, Innsbruck, Austria

Book Chapters

• “Testamentary Transfers,” for Thompson on Real Property (Michie, 1994).
• “Planned Unit Developments” and “Subdivision Controls” for The American Law of Real Property (Matthew Bender, 1991).
• “Adult Entertainment Zoning,” for Rohan, Zoning and Land Use Controls (Matthew Bender, 1990).

Essays and Articles

• Population Law and Policy: From Control and Contraception to Equity and Equality, 50 St. Mary’s L.J. (2019)
• Evolution and Revolution in Family Law, 25 ST. MARY’S L.J. 405 (1993).
• No Harm, No Foul Pornography (Violent and Otherwise), 14 UALR L.J. 455 (1992).
• Review Essay, A Scary Tale:  Battered Women Who Kill Their Abusers, 18 OHIO N.U.L. REV. 601 (1992).
• The Magic Circle: Inclusion of Adopted Children in Testamentary Class Gifts, 31 S. TEX. L.J. 223 (1990).
• The Skeleton in the Closet: The Battered Woman Syndrome, Self-Defense, and Expert Testimony, 39 MERCER L. REV. 545 (1988).
• The Antitrust Implications of Municipal Land Use Planning, 33 WAYNE L. REV. 965 (1987).

Speeches and Presentations

• Moderator, SEALS 2015, panel on Gender Issues in Law Schools
• Discussant, SEALS 2014, panels on Wills and Trusts, Property issues and Bar Admissions practices, Moderator, panel on land use issues
• Lecture on Takings Jurisprudence, St. Mary’s Homecoming CLE program, 2005.
• Lecture on Vested Property Rights for Developers in Texas to local Homeowner’s Association, Fall 2004.
• Lecture on Preparation for and the Practice of Law, PREP program,
• St. Mary’s University, Summers 2002-04.
• Lecture on Domestic Partnership Legislation for the Sexual Orientation and Gender Identification Issues Section of the state Bar of Texas, Summer 2000.
• Mini Bar-Review on Property Issues for St. Mary’s Students, Spring 1999.
• Adolescent Pregnancy Program, presentations in various high schools on Legal Issues Affecting Pregnant and Parenting Teens, Fall 1996, 1998.
• Training Session on Wills for Participants in the Wills Clinic for low-income elderly in San Antonio, Fall 1997, co-sponsored by St. Mary’s University School of Law, the Women’s Law Association, and the Bexar County Women’s Bar Association.
• Moderator, debate on U.S. military policy regarding gays and lesbians in the military, Fall 1997, St. Mary’s University School of Law
• Lecture, Universidad de Estodios de Posgrado en Derecho, for the Diplomado en Derecho Anglosajon Program in Mexico City. Lecture on U.S. Property Law, July 1997.
• Panel Discussion, St. Mary’s University, Spring 1996, “Legal Implications of Same-Sex Marriages.”
• San Antonio Legal Secretaries Association, Fall 1993, “A Summary of Texas Family Law.”
• Bexar County Women’s Political Caucus, Fall 1992, “Changing Times: Women in the Legal Profession.”
• St. Mary’s University Family Life Center, Spring 1992, “Some Key Legal Issues for the Family Counselor.”
• Seminar on Intellectual Property for Artists, Spring 1991, “Trademark, Copyright and Moral Rights for Artists.”

Teaching Materials

• Population Law and Policy (for Innsbruck program as needed).
• Human Rights and Population Law and Policy (for Innsbruck program as needed).

Biography

Patricia Moore, J.D., teaches Civil Procedure, Evidence, Federal Courts and other courses related to litigation. She joins St. Mary’s University School of Law as a Professor of Law in the Fall 2023 semester.

Moore has taught at four other law schools. She was a Professor of Law at St. Thomas University College of Law (Florida) and at Oklahoma City University School of Law. She also served as Associate Dean for Academic Affairs for several years at both of those institutions. Finally, Moore has been a visiting professor at the University of Oklahoma College of Law and at Stetson University College of Law.

Moore has testified before the United States House of Representatives Committee on the Judiciary and the Oklahoma State Legislature on class actions. Her scholarship includes empirical and doctrinal work and focuses on how access to justice may be affected by procedural rules, the demographics of the federal courts, and the politicized nature of both. Her articles have been published in the University of Illinois Law Review, American University Law Review, Tennessee Law Review and many other leading journals.

Prior to teaching, Moore was a partner in the Chicago office of Sonnenschein Nath & Rosenthal (now part of Dentons), practicing in civil litigation. She is a member of the Bar in Oklahoma (active) and Illinois (inactive).

Books

• The First Year of the 2015 Amendments to the Federal Rules of Civil Procedure: Refinement, Not Revolution, American Association for Justice (2017).
• Oklahoma Trial Practice (Thomson West, 2d ed. 1999) (with John Morris and Daniel Morgan).

Law Review Articles

• Spokeo, Inc. v. Robins: The Illusory “No-Injury” Class Reaches the Supreme Court, 2 ST. THOMAS JOURNAL OF COMPLEX LITIGATION 1 (2015).
• The Anti-Plaintiff Pending Amendments to the Federal Rules of Civil Procedure and the Pro-Defendant Composition of the Federal Rulemaking Committees, 83 U. CIN. L. REV. 1083 (2015).
• The Civil Caseload of the Federal District Courts, 2015 U. ILL. L. REV. 1177.
• Confronting the Myth of “State Court Class Action Abuses” Through an Understanding of Heuristics and a Plea for More Statistics, 82 UMKC L. REV. 133 (2013). ,
• An Updated Quantitative Study of Iqbal’s Impact on 12(b)(6) Motions, 46 U. RICHMOND L. REV. 603 (2012).
• Active Learning and Law School Performance (with Todd Sullivan), 3 JOURNAL OF MULTIDISCIPLINARY RESEARCH, No. 2, 67 (2011).
• The Tao of Pleading: Do Twombly and Iqbal Matter Empirically?, 59 AMERICAN U. L. REV. 553 (2010).
• The Effect of “Tort Reform” on Tort Case Filings, 43 VALPARAISO U. L. REV. 559 (2009).
• Are Women More Ethical Lawyers? An Empirical Study, 31 FLORIDA STATE U. L. REV. 785 (2004) (with Kevin Simmons).
• Interstate Establishment, Enforcement, and Modification of Child Support Orders, 25 OKLAHOMA CITY U. L. REV. 511 (2000).
• Critical Applications and Proposals for Improvement of the Uniform Interstate Family Support Act and the Federal Full Faith and Credit for Child Support Orders Act, 71 ST. JOHN’S L. REV. 1 (1997).
• See No Evil? The Role of the Directed Trustee under ERISA, 64 TENNESSEE L. REV. 1 (1996).

Presentations

• Invited testimony, Hearing on “The State of Class Actions Ten Years after the Class Action Fairness Act,” Before the Committee on the Judiciary, Subcommittee on the Constitution and Civil Justice, United States House of Representatives, February 27, 2015.
  Invited testimony, Oklahoma State Legislature, Proposed “Tort Reform” legislation, including class actions (2004).Invited panelist, The Roberts Court and the Federal Rules of Civil Procedure, Association of American Law Schools Annual Meeting, Civil Procedure Section, San Francisco (Jan. 5, 2017).
  Invited panelist, Who Will Write Your Rules? Your State Court or the Federal Judiciary?, National Civil Justice Institute, 24th Annual Judges Forum, Los Angeles (July 23, 2016).
  Invited panelist, Workshop on Public Access to Federal Court Data (“What We Should Be Able to Do with Federal Court Data But Can’t”), University of Pennsylvania Law School (October 8-9, 2015).

Media Highlights

• Quoted in Joe Palazzolo and Jess Bravin, Businesses Win Lawsuit Curbs With New Rules, WALL ST. JOURNAL (March 22, 2016).
• Quoted in Rebecca Wilhelm, Civil Rule Changes Could Affect Environmental Litigation, BLOOMBERG BNA (January 19, 2016).
• Quoted in Colleen Wright, Parkland Families Want To Sue Gun Companies But Could Face Financial Ruin If They Do, MIAMI HERALD (May 24, 2018).

Biography

Prior to joining St. Mary’s, Pepi practiced immigration, family law, estate planning and elder law. She joined St. Mary’s in 2000 and continues to supervise second- and third-year law students as they represent low-income clients with family law and probate matters. Pepi teaches the corollary course required of all Civil Justice Clinic students.

She also teaches practice skills courses in the areas of depositions, probating estates and divorce. She has published work in the area of legal ethics and lectured nationally and internationally on the issues facing survivors of domestic violence.

Pepi is a leader in the legal community through her membership and service in myriad bar associations. She is a past President of the Bexar County Women’s Bar Association/Foundation and the Mexican American Bar Association of San Antonio.

• San Antonio Women’s Chamber of Commerce Constellation of Stars Comet Award, Nov. 2014
• St. Mary’s University Alice Wright Franzke Feminist Award, March 2014
• Bexar County Women’s Bar Foundation Belva Lockwood Outstanding Young Lawyer Award, Oct. 2000

Articles in a Periodical

Dayla S. Pepi and Donna D. Bloom,Take the Money or Run: The Risky Business of Acting As Both Your Client’s Lawyer and Bail Bondsman, 37 St. Mary’s L.J. 933 (2006).

Biography

Robert William “Bill” Piatt was born in Santa Fe. He is Hispanic/Native American (Genizaro), Catholic, and fluent in Spanish. Prior to his arrival at St. Mary’s, he had taught at five law schools in the U.S., had engaged in private practice, and had helped to establish indigent criminal defense and civil legal assistance offices. Piatt had also taught in Mexico and Spain, and assisted Native American communities in this country.

His background has led him to continue his work with Indigenous communities, and to participate in religious and cultural ceremonies. Piatt’s writings are the first to discuss the legal rights of non-federally recognized Indians.

His background has also enabled him to expand on incorporating his Catholic faith into his teaching, research and service.

Piatt’s writings, including ten books and dozens of articles, focus on Human Rights. They have received numerous awards and have been cited in hundreds of publications.

His background in broadcasting has assisted him in participating as a commentator on law-related topics in English and in Spanish, on radio and tv.

Piatt served as Dean of St. Mary’s Law School from 1998 to 2007.

• Outstanding Alumni Award, Eastern New Mexico University, 1997
• Outstanding Book on the Subject of Human Rights in North America, Gustavus Myers Center for the Study of Human Rights in North America, 1998, for my book, Black and Brown in America.
• Outstanding Book on the Subject of Human Rights in North America, Gustavus Myers Center for the Study of Human Rights in North America, 1994, for my book, “Language on the Job,”
• Outstanding Academic Book of the Year, 1994, Choice Magazine, for my book, “Language on the Job”
• Outstanding article in the Houston Law Review in 1996, Houston Law Review Alumni Award, for my article, “Toward Domestic Recognition of a Human Right to Language.”

Books

• Slavery in the Southwest: Genizaro Identity, Dignity and the Law (with Moises Gonzales, Carolina Academic Press, 2019)
• Human Trafficking (with Cheryl Taylor Page, Carolina Academic Press, 2016).
• Catholic Legal Perspectives, 3rd Edition (Carolina Academic Press, 2018).
• Black and Brown in America: The Case for Cooperation (New York University Press, 1997). The book was named, “Outstanding Book on the Subject of Human Rights in North America” in 1998 by the Gustavus Myers Center for the Study of Human Rights in North America.
• Immigration Law: Cases and Materials (Michie, 1994).
• Language on the Job: Balancing Business Needs and Employee Rights (University of New Mexico Press, 1993). The book was named, “Outstanding Book on the Subject of Human Rights in North America” in 1994 by the Gustavus Myers Center for the Study of Human Rights in North America, and was also selected as an Outstanding Academic Book of the Year by Choice Magazine in 1994.
• ¿Only English? Law and Language Policy in the United States. (University of New Mexico Press, Spring, 1990)
• A Layperson’s Guide to New Mexico Law, Center for Business Services, New Mexico State University, 1977.

Articles in a Periodical

• “Respecting the Identity and Dignity of All Indigenous Americans,” 6 Howard Human & Civil Rights Law Review 83 (2021).
• Commentary: Breyer’s Legacy One to Commend, San Antonio Express-News (Feb. 6, 2022).
• Law Schools Harm Genizaros and Other Indigenous People By Misunderstanding ABA Policy (with Moises Gonzales and Katja Wolf), 49 N.M.L. Rev. 236 (2019).
• Working toward a Fiesta of peace, Santa Fe New Mexican, Commentary, (July 29, 2018).
• Entrada: Slavery, Religion and Reconciliation, 13 Intercultural Hum. Rts. L. Rev. 1 (Fall 2018)
• State Bar Efforts to Deny Accreditation to Faith-Based CLE Ethics Programs Sponsored by Religiously-Affiliated Law Schools, 29 Regent U. L. Rev. 293 (2016-2017).
• Opting out in the Name of God: Will Lawyers be Compelled to Handle Same-Sex Divorces?, 79 Albany L.R. 683 (2016)
• If the Pope is Infallible, Why Does He Need Lawyers? 43 Cap U. L.R. 555 (2015)
• Prudence, Common Sense Best Tools to Stop Ebola, San Antonio Express-News, Op-Ed (November 9, 2014).
• The Future of Legal Education, Texas Lawyer (three-part series, 2013).
• Border Wars & The New Texas Navy: International Treaties, Waterways, and State Sovereignty After Arizona v. U.S. (with Rachel Ambler) 15 Scholar 535, n.3, 2013).
• Reinventing the Wheel: Constructing Ethical Approaches to State Indigent Legal Defense Systems, St. Mary’s L. J. Legal Mal. & Ethics 372 (2012).
• Catholicism and Constitutional Law: More than Privacy in the Penumbras, 7 Vill. J. Cath. Soc. Thought 337 (2010).
• Gender Segregation in the Public Schools: Opportunity, Inequality, or Both?, 11 Scholar 561 (2009).
• Loose Lips Sink Attorney/Client Ships: Unintended Technological disclosure of Confidential Communications (with Dr. Paula deWitte), 39 St. Mary’s Law Journal 781 (2008).
• A Glass Half Full: A Rational/Radical Approach to Immigration Reform, 13 Nexus 3 (2008).
• New Legal Rights in the Legal System of the United States of America (with Professor Roberto Rosas), 23 Juris Tantum 19, Universidad Anahuac, Mexico (2008).
• Immigration Reform from the Outside In, 10 The Scholar: St. Mary’s Law Review on Minority Issues 269 (2008).
• Los Nuevos Derechos en el Sistema Jurídico de Estados Unidos (with Roberto Rosas), 20 Juris Tantum 16, Universidad Anáhuac, México (2005).
• México y los Estados Unidos: Idioma Común, Futuro Común, 9-10 Derecho y Cultura Universidad Nacional Autónoma de México (2003).
• One View to Add to the Many, 34 TOL. L. REV. 143, 144 (2002).
• Training Lawyers for a Global Economy, Renmin University of China, (Mandarin and English), (2000).
• Appellate Law in the New Millennium: Bridging Theoretical Foundations with Practical Application, 31 St. Mary’s Law Journal 987, (1999).
• Of Pigeonholes and Prospective Jurors, 14 Chicano-Latino L. Rev. 61 (1994).
• Attorney as Interpreter: A Return to Babble, 20 N.M. L. Rev. 1 (1990) (lead article).
• Born as Second-Class Citizens in the USA: Children of Undocumented Parents, 63 Notre Dame L. Rev. 35 (1988).
• Toward Domestic Recognition of a Human Right to Language, 23 Hous. L. Rev. 885 (1986). Recipient of the Houston Law Review Alumni award as the outstanding article published in the Houston Law Review in 1996.
• Spanish on the Job: Business Needs and Employee Rights, published in La Voz del Llano, Kansas Advisory Committee on Hispanic Affairs, Vol. 5, No. 4 (July, 1986).
• Awaiting the Rebirth (paper presented to 1986 Minority Law Teacher’s Conference, Houston).
• Equal Access to Law (School), published in The Alliance, Kansas State University, May 1985. Discusses theoretical considerations regarding attracting women and minority students to law school.
• Linguistic Diversity on the Airwaves: Spanish-Language Broadcasting and the FCC, 2 La Raza L.J. 101 (1984) (lead article).
• Orgullo Hispano en El Maratón de Nueva York, El Hispano, Albuquerque, New Mexico, November 5, 1982.
• Hasta Luego, Papá, Salsa Literary Magazine, Espanola, New Mexico, 8/2/90. A “cuento” (short story).

Chapters in Books

• “Catholic Perspectives on Family Law”, in Through a Clear Lens: American Law From a Catholic Perspective (Scarecrow Press, a division of Rowman & Littlefield Publishers Group, Inc., 2015).
• “Attorney As Interpreter”, in The Latino Condition: A Critical Reader (Richard Delgado and Jean Stefancic, eds. N.Y.U. Press 1998, and in the second ed., 2011).
• “The Confusing State of Minority Language Rights”, in Language Loyalties: A Source Book on the Official English Controversy (James Crawford, ed., U. of Chicago Press 1992)

Biography

After graduating from Brigham Young University law school in 2001, Pomeroy practiced law for a decade as an associate attorney and as a partner for multiple firms in Utah. He primarily practiced transactional law, with an emphasis on real estate and other property issues.

He has taught at St. Mary’s since 2011. A full professor, he holds the Turcotte R.C. Chair in Oil and Gas. He teaches a variety of business and property-focused classes, including Oil and Gas, Mortgages, Property and Business Associations.

Articles in a Periodical

• The Real Doctrine & Covenants, 65 Drake L. Rev. 101 (2017)
• Well Enough Alone: Liability for Wrongful Foreclosures, 68 Ala. L. Rev. 943 (2017)
• Our Court Masters, 94 Neb. L. Rev. 401 (2015)
• All Your Air Right are Belong to Us, 13 Nw. J.L. & Tech. 277 (2015).
• The Shape of Property, 44 Seton Hall L. Rev. 797 (2014).
• Think Twice: Charging Orders and Creditor Property Rights, 102 Ky. L.J. 705 (2014).
• Why is Property So Hard?, 65 Rutgers L. Rev. 505 (2013).
• A Theoretical Case for Standardized Vesting Documents, 38 Ohio N.U. L. Rev. 957 (2012).
• Ending Surprise Liens on Real Property, 11 Nev. L.J. 139 (2010).
• Preslar v. Commissioner: Debt-Discharge Income and its Rationale, 2000 B.Y.U. L. Rev. 1677 (2000).

Presentations

• Well Enough Alone, University of Alabama (September 2016)
• All Your Air Right are Belong to Us, University of Arkansas, Fayetteville (March 30, 2015)
• Think Twice: Charging Orders and Creditor Property Rights, Southeastern Area Law Schools Annual Conference, Palm Beach, Florida (August 8, 2013)
• A Theoretical Case for Standardized Vesting Documents, JRCLS Law Professor Conference, Washington D.C. (January 4, 2012)
• Ending Surprise Liens on Real Property, University of New Mexico School of Law (November 22, 2010)
• Ending Surprise Liens on Real Property, Hamline University School of Law (November 30, 2010)

Biography

Spanning four years, Professor Rice was a graduate-faculty professor at Duke University before securing his post-doctoral degree from The Johns Hopkins University and receiving his law degree from the University of Texas at Austin.

After law school, Professor Rice became a Visiting Public-Law Professor in the Department of Government—University of Texas at Austin, and, later, a Scholar-In-Residence at The American Bar Foundation in Chicago. Professor Rice has been a full- tenured professor of law since 1993 and is presently a Professor of Law and Englehardt Research Fellow at St. Mary’s University School of Law in San Antonio, Texas.

Additionally, for nearly twenty-seven years, he has been a legal expert/statistician for multiple international, national and regional law firms and their clients. Professor Rice is currently a member the Gerson-Lehrman Group of International Experts

• Scholar-In-Residence — American Bar Foundation, Chicago, Illinois
• Distinguished Faculty Award for Excellence in Teaching, St. Mary’s School of Law, 2005-2006
• President’s Excellence in Teaching Award, Texas Tech School of Law, 1993
• Ex-Students’ New Faculty Teaching Award, Texas Tech School of Law, 1990
• Fifth Circuit’s Excellence in Writing Law Review Award for 2003-2004
• Order of the Coif, 1997
• Phi Kappa Phi Honor Society, 1992
• Omicron Delta Kappa Honor Society

Books

• Legal Practice Technology and Law (Cognella Academic Publishing 2017)
• Consumer Litigation and Insurance Defense, Cognella Academic Publishing 2 ed.
• Contract Law, Practice, Interpretation, and Enforcement, Cognella Academic Publishing 1 ed. 2014

Articles in a Periodical

• Willy E. Rice, Allegedly “Biased,” “Intimidating,” And “Incompetent” State Court Judges And The Questionable Removal Of State Law Class Actions To Purportedly “Impartial” And “Competent” Federal Courts-A Historical Perspective And An Empirical Analysis Of Class Action Dispositions In Federal And State Courts, 1925-2011, 3 William & Mary Business Law Review 419 (2012);
• The Court of Appeals for the Fifth Circuit: A Review of Selected 2009-2010 Insurance Decisions, 43 TEX. TECH L. REV. 971 (2011).
• The Court of Appeals for the Fifth Circuit: A Review of 2007-2008 Insurance Decisions, 41 Tex. Tech L. Rev. 1013 (2009).
• The Court of Appeals for the Fifth Circuit: A Legal Analysis and Statistical Review of 2005-2006 Insurance Decisions, 39 Tex. Tech L. Rev. 843 (2007).
• The Court of Appeals for the Fifth Circuit 2004-2005 Disposition of Insurance Decisions: A Survey and Statistical Review, 38 Tex. Tech L. Rev. 821 (2006);
• The Court of Appeals for the Fifth Circuit 2003-2004 Insurance Decisions: A Survey and an Empirical Analysis, 37 Tex. Tech L. Rev. 871 (2005);
• Insurance Decisions — A Survey and an Empirical Analysis, 35 Tex. Tech L. Rev. 947 (2004).
• Willy E. Rice, Insurance Contracts and Judicial Decisions Over Whether Insurers Must Defend Insureds That Violate Constitutional And Civil Rights: An Historical And Empirical Review Of Federal And State Court Declaratory Judgments 1900-2000, 35 Tort & Ins. L.J. 995 (2000);
• Insurance Contracts and Judicial Discord Over Whether Liability Insurers Must Defend Insureds’ Allegedly Intentional and Immoral Conduct: A Historical and Empirical Review of Federal and State Courts’ Declaratory Judgments 1900-1997, 47 Am. U. L Rev. 1131 (1998);
• Race, Gender, “Redlining,” and the Discriminatory Access to Loans, Credit, and Insurance: An Historical and Empirical Analysis of Consumers Who Sued Leders and Insurers in Federal and State Courts, 1950-1995, 33 San Diego L. Rev. 583 (1996).
• Federal Courts and the Regulation of the Insurance Industry: An Empirical and Historical Analysis of Courts’ Ineffectual Attempts to Harmonize Federal Antitrust, Arbitration, and Insolvency Statutes with the McCarran-Ferguson Act–1941-1993, 43 Cath. U. L. Rev. 399 (1993).
• Judicial Bias, The Insurance Industry and Consumer Protection: An Empirical Analysis of State Supreme Courts’ Bad-Faith, Breach-of-Contract, and Breach-of-Covenant-of-Good-Faith and Excess-Judgment Decisions, 1900-1991, 41 Cath. U. L. Rev. 325 (1992).
• Judicial and Administrative Enforcement of Title VI, Title IX, and Section 504: A Pre- and Post-Grove City Analysis, 5 Rev. Litig. 219 (1986).