Colin P. Marks

ph: (210) 431-2248
email: cmarks@stmarytx.edu

Professor of Law
B.S. 1997, University of Missouri - Columbia
J.D., magna cum laude, 2001, University of Houston Law Center
Current CV

Before St. Mary’s

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 the fall of 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, Professor Marks’ practice concentrated on commercial litigation, as well as some pro bono criminal work. Professor Marks left Baker Botts in the summer of 2006 to join St. Mary’s University School of Law. Professor Marks is licensed to practice law in the state of Texas as well as in the United States District Court for the Southern District of Texas and the United States Fifth Circuit Court of Appeals.

Highlights

Member of the American Law Institute (ALI)
2010 Southeast Association of Law Schools (SEALS) Call for Papers Winner
St. Mary's Law Journal Outstanding Faculty Advocate Award (2010)
Student Bar Association Professor of the Year (2009)
Order of the Barons
Judicial Clerk to the Honorable Harold R. DeMoss, Jr., United States Court of Appeals for the Fifth Circuit

Specialties

Professor Marks joined the St. Mary's faculty in 2006. He teaches courses and writes on:

Commercial Law
Contracts - Sale of Goods; Consumer Contracts
Secured Transactions
Business Associations
Corporate Law
Corporate Social Responsibility
Attorney-Client Privilege and the Work Product Doctrine

Publications

Articles

The Irony of AT&T v. Concepcion, 87 IND. L. J. SUPP. 31 (2012)
Fly-by Compliance (or Does it Pay to Obey the FAA), in progress
The Good, The (Sometimes) Bad and the Ugly of Fiduciary Duties in Limited Partnerships and LLCs, in progress
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)
Thompson 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?,30 Seattle U. L. Rev. 155 (Fall 2006)
Pre-Launch Litigation Audits: The Double-Edged Nature of the Work-Product Doctrine, IADC NEWSLETTER, May 2006 (with Steve Scheve)
The Limits of Limiting Liability in the Battle of the Forms: U.C.C. Section 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)

Book Chapters

Business Torts: Cases, Materials and Problems (in progress; under contract with West publishing for summer 2013) (co-author)
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.

Presentations

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
The 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 Troubled 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, 2006 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 to the Harvard Business School Club, San Antonio Chapter.