Law Commons^™

Dedication., Jack Pope

St. Mary's Law Journal

Abstract Forthcoming.

Prenatal V. Parental Rights: What A Difference An A Makes., Ali Gallagher

St. Mary's Law Journal

No abstract provided.

You Should See Your Irs File: Access To Irs Information - What Are A Taxpayer's Rights., Richard J. Wood

St. Mary's Law Journal

No abstract provided.

1989 Texas Dtpa Reform: Closing The Dtpa Loophole In The 1987 Tort Reform Laws And The Ongoing Quest For Fairer Dtpa Laws., John T. Montford, Will G. Barber, Robert L. Duncan

St. Mary's Law Journal

Abstract Forthcoming.

Dedication., Orville C. Walker

St. Mary's Law Journal

Abstract Forthcoming.

Dedication., James P. White

St. Mary's Law Journal

Abstract Forthcoming.

Texas' New Trademark Antidilution Statute - Useful Or Useless New Protection For Texas Trademarks., Richard Taylor

St. Mary's Law Journal

Texas courts must set forth clear and concise guidelines for trademark antidilution enforcement. The adoption of a trademark antidilution statute substantially alters Texas trademark law. The statute allows a trademark owner to enjoin acts which dilute a registered or common law trademark’s distinctive quality. It applies whether competition exists between the parties or a likelihood of confusion exists as to the owner of the mark. The statute adds a new dimension to trademark protection in Texas because it creates a property interest in the trademark. As promising as these protections sound, the new antidilution statute may prove ineffective due to …

Under The Boren Amendment, Health Care Providers Have An Enforceable Right, Actionable Under 42 U.S.C. 1983, To Challenge A State's Reimbursement Plan Under The Medicaid Act., C. Lee Cusenbary

St. Mary's Law Journal

No abstract provided.

Protecting The Fetus From Maternal Drug And Alcohol Abuse: A Proposal For Texas., Tom Rickhoff, Curtis L. Cukjati

St. Mary's Law Journal

No abstract provided.

Recognizing An Implied Warranty That Professional Services Will Be Performed In A Good And Workmanlike Manner., Mark L. Kincaid

St. Mary's Law Journal

Although the Court received a deluge of amicus curiae briefs after its initial ruling in Melody Home ushering the Court to reevaluate the consequences of its decision, there is no sound basis for excluding professional services from the implied warranty recognized by the Texas Supreme Court that services will be performed in a good and workmanlike manner. The issue of what is properly considered a “professional” service or what definition is to be applied to distinguish “non-professional” and “professional” services if the latter were to be excluded from the implied warranty. Instead of differentiating between “non-professional” and “professional” services in …

Texas Disciplinary Rules Of Professional Conduct: Additional Liability For Texas Lawyers., Xavier G. Medina, Virginia Coyle

St. Mary's Law Journal

As a result of the enactment of the Texas Disciplinary Rules of Professional Conduct (“Rules”), Texas lawyer no longer practice under guidelines which include aspirational goals and discretionary moral choices. The Rules are mandatory in nature and depict a minimum standard of professional conduct which, if violated, could subject the offending lawyer to disciplinary action. Although the Rules provide a disclaimer stating that they “do not undertake to define standards of civil liability of lawyers for professional conduct,” Texas lawyers fear the Rules will be utilized as an independent basis for liability, or a standard of care for malpractice. The …

The Original Intent Of The Education Article Of The Texas Constitution., Mikal Watts, Brad Rockwell

St. Mary's Law Journal

Abstract Forthcoming.

Nonparties To Employment Discrimination Consent Decrees May Attack, In A Collateral Lawsuit, Decisions Made Pursuant To The Decrees., Michael T. Larkin

St. Mary's Law Journal

In Martin v. Wilks, the United States Supreme Court held nonparties to employment discrimination consent decrees may attack, in a collateral lawsuit, decisions made pursuant to the decrees. A consent decree is a voluntary judgment between parties which facilitates settlement of litigation by providing one party with equitable relief. Courts retain jurisdiction over parties to a consent decree, and they can issue contempt orders to parties violating the terms of the decree. Unlike judgments, the parties cannot challenge the consent decrees, except in limited circumstances. Recently, federal courts have widened the scope of preclusion law by defining the term “claim” …

Applying Edgewood V. Kirby To Analysis Of Fundamental Rights Under The Texas Constitution., Albert H. Kauffman, Carmen Maria Rumbaut

St. Mary's Law Journal

State constitutions are affirmative grants of power under which both stated and implied fundamental rights can be sought. A proposed test for fundamental rights under the Texas Constitution looks at three factors: the history of the topic within the Texas Constitution and case law; the actual language used in the controlling provision; and the importance of that value to the people of Texas. The declaration of a constitutional right as fundamental certainly has implications for future relationships between the people and the government.

The Edgewood v. Kirby case has the potential to change much in Texas. The case stands for …

Is Lemon A Lemon - Crosscurrents In Contemporary Establishment Clause Jurisprudence., Stuart W. Bowen Jr.

St. Mary's Law Journal

No abstract provided.

Current Procedures For Performing Meaningful Discussions In Federal Negotiated Procurements Are Uneconomical, Inefficient, And Ineffective - A Proposal For Improvement., Howard L. Speight

St. Mary's Law Journal

Abstract Forthcoming.

Justice Franklin Spears Dedication., Thomas R. Phillips

St. Mary's Law Journal

No abstract provided.

Digital Audio Recording Technology: Challenges To American Copyright Law., Douglas Reid Weimer

St. Mary's Law Journal

This Article discusses the objectives of American copyright law, its development and its current day codification. The inception of digital audio recording technology (“DAT”) raises new challenges for American copyright law. American copyright is a constitutionally sanctioned and legislatively accorded form of protection for authors against the unauthorized copyright of their “original works of authorship.” A significant copyright issue is the ability of DAT to reproduce nearly perfect copies of copyrighted musical works. This Article further discusses certain aspects of copyright law, such as the fair use defense and the concept of “home” for the purposes of copyright protection. The …

Fetal Tissue Research And Abortion: Do They Have A Future Together?, Angela M. Skerrett

Campbell Law Review

This Comment will examine fetal tissue research as it relates to the issue of abortion. First, the Comment discusses the current status of fetal tissue research. Second, the Comment looks at the influence of abortion on fetal tissue research, including constitutional and ethical issues. Third, the Comment examines the future of fetal tissue research. Finally, this Comment will conclude that the attitudes, opinions and laws concerning abortion will play a major role in determining the future of fetal tissue research.

Liability Issues Arising From Hospitals' Use Of Temporary Supplemental Staff Nurses, Diana L. Nolte Huff

Loyola University Chicago Law Journal

No abstract provided.

Webster V. Reproductive Health Services: A Path To Constitutional Equilibrium, Mark E. Chopko

Campbell Law Review

This Article is intended as part of a symposium and a debate on substantive due process and the decision in Webster v. Reproductive Health Services. This writer, although here a commentator on the law, does have an opinion on the ultimate question: Roe v. Wade was wrongly decided.

Mental Health Care For Children: Before And During State Custody, The Honorable K. Edward Greene

Campbell Law Review

This Article...suggests the need to attend more carefully to the care of children after they are removed from their homes. Specifically, it will address the state's obligation to provide mental health care to children in the home and to those removed from the home and in state custody.

Lust - Deep In The Heart Of Texas: Federal Epa Regulations Affecting Underground Storage Tanks - The Texas Statutory And Regulatory Counterparts., Blaine D. Edwards

St. Mary's Law Journal

No abstract provided.

Raborn V. Davis - Paycheck In Employee's Possession: A Limitation Of The Current Wage Exemption In Texas., Richard E. Flint

St. Mary's Law Journal

Extensions of credit generally help both the debtor and creditor. However, a result of our credit-based economy is that individuals are free to make poor economic decisions, and that they should suffer the consequences of these poor decisions. Although legal rules have had a role in ensuring that debtors are protected from overzealous creditors, commercial transactions can only exist if obligations of debtors are legally enforceable. The role of government, therefore, is to set parameters for procedures to enforce these obligations, while also setting a floor of protected or exempt assets so that debtors will not become wards of the …

Dedication., Sam S. Crutchfield

St. Mary's Law Journal

Abstract Forthcoming.