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Articles 1 - 9 of 9
Full-Text Articles in Law
How Close Is Close Enough: A Step-By-Step Analysis To Resolve The Circuit Split Created By Misunderstanding The Spokeo Ruling, Cason Shipp
St. Mary's Law Journal
No abstract provided.
Foiled Foia: The Excessive Exemption, Edward L. Wilkinson Jr.
Foiled Foia: The Excessive Exemption, Edward L. Wilkinson Jr.
St. Mary's Law Journal
The Freedom of Information Act permits requestors access to government information unless an exemption applies. Exemption (b)(3)(B) permits the government to protect information if there is a specific reference to a FOIA exemption in the withholding statute. Congress created this new requirement in 2009 in order to remove decision making power from administrative agencies and courts and reserve the power to disclose or withhold information with the legislative branch. This exemption poses problems to courts when there is a clear intent to protect information in the withholding statute without a clear reference to Exemption (b)(3)(B). As a result, courts have …
Recent Amendments Of Partnership Tax Law - Complexities Prevent Meaningful Reform., Peter M. Wolverton, Jerry B. Gwin Jr.
Recent Amendments Of Partnership Tax Law - Complexities Prevent Meaningful Reform., Peter M. Wolverton, Jerry B. Gwin Jr.
St. Mary's Law Journal
Abstract Forthcoming.
Grocery Store Is Liable For False Imprisonment By Its Independent Contractor Providing Security Service., Chris A. Hale
Grocery Store Is Liable For False Imprisonment By Its Independent Contractor Providing Security Service., Chris A. Hale
St. Mary's Law Journal
Abstract Forthcoming.
The Assigned Risk In Texas: The Questions Of Agency And Absolute Liability., Timothy Tynan Griesenbeck Jr.
The Assigned Risk In Texas: The Questions Of Agency And Absolute Liability., Timothy Tynan Griesenbeck Jr.
St. Mary's Law Journal
Texas’ Assigned Risk Plan provides motor vehicle liability coverage to high-risk drivers who can’t obtain private insurance. However, there are two unresolved questions concerning assigned risk in Texas. The first is whether an independent insurance broker who drafts a policy for a high-risk driver is the agent of the insured or of the insurer. Several jurisdictions have determined that the assigned risk broker is the agent of the insured, and Texas should follow suit. Generally, the driver contacts a broker to file an application under the Plan with the state. The insurer assigned to the case must issue a policy …
When An Employee Is Loaned, Both The General And Special Employers Are Liable For The Tortious Acts Of That Employee On The Basis Of The Public Policy Which Places Liability On The Employing Persons Or Firms Which Can Best Insure Against The Risk, Guard Against It, And Which Can Most Accurately Predict The Cost Of The Risk And Allocate Such Cost Directly To The Consumer., James A. Childress
St. Mary's Law Journal
Abstract Forthcoming.
Negligence Of A General Agent Is Not Imputed To The Principal So As To Bar Recovery On Principal's Action For Damages Sustained By The Concurrent Negligence Of His Special Agent., John S. Reagan
St. Mary's Law Journal
Abstract Forthcoming.
A Covenant Constitutes A Complete Exoneration Of Employee And Removes Any Foundation Upon Which To Impute Negligence To Employer., Cynthia Hollingsworth Cox
A Covenant Constitutes A Complete Exoneration Of Employee And Removes Any Foundation Upon Which To Impute Negligence To Employer., Cynthia Hollingsworth Cox
St. Mary's Law Journal
Abstract Forthcoming.
Vicarious Liability Of An Employer For An Assault By His Servant: A Survey Of Texas Cases Reexamining The Rule Of Force., Charles E. Cantu
Vicarious Liability Of An Employer For An Assault By His Servant: A Survey Of Texas Cases Reexamining The Rule Of Force., Charles E. Cantu
St. Mary's Law Journal
Abstract Forthcoming.