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Books by John C Domino, PhD
LEXINGTON BOOKS "The Right to Privacy in Texas is a timely and thorough study of the past and pre... more LEXINGTON BOOKS "The Right to Privacy in Texas is a timely and thorough study of the past and present of one of the most crucial topics for ordinary Texans and Americans: how can we maintain privacy, in all its guises, in a time in which ourselves have become valuable data in a digital age. Domino's excellent study will both serve as a warning and offer possibilities for legal protections of our private lives."
By Rich Phllips I can only hope to be able to continue in some small way the great work of Justic... more By Rich Phllips I can only hope to be able to continue in some small way the great work of Justice Wise and the other past presidents of the Society. Read more...
This issue features bigger than life characters who shaped the character of our state in very dif... more This issue features bigger than life characters who shaped the character of our state in very different ways. Read more...
I hope everyone had a blessed and happy holiday season. 2023 promises to be an active and importa... more I hope everyone had a blessed and happy holiday season. 2023 promises to be an active and important year for the Society. Read more...
This book is an analysis of the Supreme Court’s landmark rulings on civil rights and liberties is... more This book is an analysis of the Supreme Court’s landmark rulings on civil rights and liberties is a discussion of the facts, legal issues, and constitutional questions surrounding those rulings. Domino’s book serves as either a core text in courses on civil liberties and civil rights, or as a supplementary text in courses on constitutional law and the judiciary. The book is written in the belief that the key to understanding constitutional law is not having the right answers but asking the right questions. It encourages students to be critical thinkers and provides a historical context so students can better understand competing social, legal, and political interests affecting the Supreme Court’s decisions today. The text also includes numerous short excerpts from some of the more influential, eloquent, and controversial Supreme Court opinions to illustrate the handiwork of the powerful legal minds who have helped to shape our society. It reminds us that "the Court" is not an abstract legal mechanism, but rather a group of human beings with divergent opinions
This book examines Texas Supreme Court Justice Bob Gammage’s progressive jurisprudence during one... more This book examines Texas Supreme Court Justice Bob Gammage’s progressive jurisprudence during one of the most tumultuous periods in Texas judicial history. This era witnessed numerous seismic shifts, including the manner in which judicial campaigns were conducted, the rise of million dollar judicial races, a dramatic change in the partisan and ideological composition of the Texas Supreme Court, as well as Court of Criminal Appeals and most of the fourteen intermediate appellate courts, and the birth of the judicial reform movement in Texas. Gammage, who served as a court of appeals judge, as well as a state supreme court justice, forged a solid liberal record arguing for robust individual rights, including the right to privacy, freedom of expression, due process, and equal protection, whether those rights were implied in the Texas constitution, rooted in an evolving common law, or set out in state and federal judicial precedent.
Papers by John C Domino, PhD
Routledge eBooks, Apr 19, 2018
Civil Rights & Liberties in the 21st Century, 2017
Civil Rights & Liberties in the 21st Century, 2017
Civil Rights and Liberties in the 21st Century, 2018
Civil Rights & Liberties in the 21st Century, 2017
Civil Rights & Liberties in the 21st Century, 2017
Ecclesiastical Law Journal, 2016
The right to freedom of religion, enshrined in the European Convention on Human Rights has been f... more The right to freedom of religion, enshrined in the European Convention on Human Rights has been frequently tested, both in UK courts and in the European Court of Human Rights, where successive decisions over a number of years led to the establishment of several well-known principles. However, in recent years religious extremism has brought into focus a tension between the right of freedom of religious expression and the well-being of individuals (not least children) and society. The Strasbourg court requires neutrality on the part of the state and its courts. However, unlike the European Court of Human Rights, the domestic courts have had to face situations where religious observance can be seen to be causing serious harm and where interference in religious freedom and family life has been shown to be justified.
British Journal of American Legal Studies, 2016
In 21st century Texas, a judge’s decision to recuse from a case is based on a complex set of norm... more In 21st century Texas, a judge’s decision to recuse from a case is based on a complex set of norms, codes and procedures intended to promote impartiality. For most of the state’s history, however, the sole ground for the removal of a judge from a case was not recusal for bias but disqualification based on rigid conditions set out in the Texas Constitution. This article examines the foundations and emergence of the modern concept of judicial recusal in Texas with the intent to illustrate a shift from rigid constitutional grounds to a more fluid approach based on judicial interpretation of a code of conduct. The author concludes that while Texas disqualification and recusal jurisprudence is conservative and restrained, it remains to be seen whether this restraint can continue unchanged in a post-Caperton era. The Caperton probability of bias standard has become part of the dialogue on recusal and disqualification in Texas, but Caperton-based challenges are unlikely to prevail in the n...
LEXINGTON BOOKS "The Right to Privacy in Texas is a timely and thorough study of the past and pre... more LEXINGTON BOOKS "The Right to Privacy in Texas is a timely and thorough study of the past and present of one of the most crucial topics for ordinary Texans and Americans: how can we maintain privacy, in all its guises, in a time in which ourselves have become valuable data in a digital age. Domino's excellent study will both serve as a warning and offer possibilities for legal protections of our private lives."
By Rich Phllips I can only hope to be able to continue in some small way the great work of Justic... more By Rich Phllips I can only hope to be able to continue in some small way the great work of Justice Wise and the other past presidents of the Society. Read more...
This issue features bigger than life characters who shaped the character of our state in very dif... more This issue features bigger than life characters who shaped the character of our state in very different ways. Read more...
I hope everyone had a blessed and happy holiday season. 2023 promises to be an active and importa... more I hope everyone had a blessed and happy holiday season. 2023 promises to be an active and important year for the Society. Read more...
This book is an analysis of the Supreme Court’s landmark rulings on civil rights and liberties is... more This book is an analysis of the Supreme Court’s landmark rulings on civil rights and liberties is a discussion of the facts, legal issues, and constitutional questions surrounding those rulings. Domino’s book serves as either a core text in courses on civil liberties and civil rights, or as a supplementary text in courses on constitutional law and the judiciary. The book is written in the belief that the key to understanding constitutional law is not having the right answers but asking the right questions. It encourages students to be critical thinkers and provides a historical context so students can better understand competing social, legal, and political interests affecting the Supreme Court’s decisions today. The text also includes numerous short excerpts from some of the more influential, eloquent, and controversial Supreme Court opinions to illustrate the handiwork of the powerful legal minds who have helped to shape our society. It reminds us that "the Court" is not an abstract legal mechanism, but rather a group of human beings with divergent opinions
This book examines Texas Supreme Court Justice Bob Gammage’s progressive jurisprudence during one... more This book examines Texas Supreme Court Justice Bob Gammage’s progressive jurisprudence during one of the most tumultuous periods in Texas judicial history. This era witnessed numerous seismic shifts, including the manner in which judicial campaigns were conducted, the rise of million dollar judicial races, a dramatic change in the partisan and ideological composition of the Texas Supreme Court, as well as Court of Criminal Appeals and most of the fourteen intermediate appellate courts, and the birth of the judicial reform movement in Texas. Gammage, who served as a court of appeals judge, as well as a state supreme court justice, forged a solid liberal record arguing for robust individual rights, including the right to privacy, freedom of expression, due process, and equal protection, whether those rights were implied in the Texas constitution, rooted in an evolving common law, or set out in state and federal judicial precedent.
Routledge eBooks, Apr 19, 2018
Civil Rights & Liberties in the 21st Century, 2017
Civil Rights & Liberties in the 21st Century, 2017
Civil Rights and Liberties in the 21st Century, 2018
Civil Rights & Liberties in the 21st Century, 2017
Civil Rights & Liberties in the 21st Century, 2017
Ecclesiastical Law Journal, 2016
The right to freedom of religion, enshrined in the European Convention on Human Rights has been f... more The right to freedom of religion, enshrined in the European Convention on Human Rights has been frequently tested, both in UK courts and in the European Court of Human Rights, where successive decisions over a number of years led to the establishment of several well-known principles. However, in recent years religious extremism has brought into focus a tension between the right of freedom of religious expression and the well-being of individuals (not least children) and society. The Strasbourg court requires neutrality on the part of the state and its courts. However, unlike the European Court of Human Rights, the domestic courts have had to face situations where religious observance can be seen to be causing serious harm and where interference in religious freedom and family life has been shown to be justified.
British Journal of American Legal Studies, 2016
In 21st century Texas, a judge’s decision to recuse from a case is based on a complex set of norm... more In 21st century Texas, a judge’s decision to recuse from a case is based on a complex set of norms, codes and procedures intended to promote impartiality. For most of the state’s history, however, the sole ground for the removal of a judge from a case was not recusal for bias but disqualification based on rigid conditions set out in the Texas Constitution. This article examines the foundations and emergence of the modern concept of judicial recusal in Texas with the intent to illustrate a shift from rigid constitutional grounds to a more fluid approach based on judicial interpretation of a code of conduct. The author concludes that while Texas disqualification and recusal jurisprudence is conservative and restrained, it remains to be seen whether this restraint can continue unchanged in a post-Caperton era. The Caperton probability of bias standard has become part of the dialogue on recusal and disqualification in Texas, but Caperton-based challenges are unlikely to prevail in the n...
Journal of Southern History, 2021
Civil Rights & Liberties in the 21st Century
In 21st century Texas, a judge's decision to recuse from a case is based on a complex set of norm... more In 21st century Texas, a judge's decision to recuse from a case is based on a complex set of norms, codes and procedures intended to promote impartiality. For most of the state's history, however, the sole ground for the removal of a judge from a case was not recusal for bias but disqualification based on rigid conditions set out in the Texas Constitution. This article examines the foundations and emergence of the modern concept of judicial recusal in Texas with the intent to illustrate a shift from rigid constitutional grounds to a more fluid approach based on judicial interpretation of a code of conduct. The author concludes that while Texas disqualification and recusal jurisprudence is conservative and restrained, it remains to be seen whether this restraint can continue unchanged in a post-Caperton era. The Caperton probability of bias standard has become part of the dialogue on recusal and disqualification in Texas, but Caperton-based challenges are unlikely to prevail in the near future because many members of the bench and bar share the belief that the state's judicial campaign contribution restrictions and recusal jurisprudence create a firewall against violations of the Due Process Clause. The risk, however, is that continued resistance to change may further erode public confidence in existing ethical safeguards and fall short of assuaging concerns that wealthy donors continue to exercise disproportionate influence on the judiciary.
Justice System Journal, 1997
Content-Length: 1175005 Content-Disposition: attachment; filename=19_Just._Sys._J.__245. pdf %PDF... more Content-Length: 1175005 Content-Disposition: attachment; filename=19_Just._Sys._J.__245. pdf %PDF-1.1 % 0 1 2 3 1 0 obj << /Type /Font /Name /R1 /Subtype /Type1 /BaseFont /Courier >> endobj 2 0 obj << /Type /XObject /Subtype /Image /Name /Im1 /Filter ...
annual meeting of the Law and Society Association, …, 1989
