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Full-Text Articles in Law
Prisoners' Redress For Deprivation Of A Constitutional Right: Federal Habeas Corpus And The Civil Rights Act., Daniel J. Sheehan Jr.
Prisoners' Redress For Deprivation Of A Constitutional Right: Federal Habeas Corpus And The Civil Rights Act., Daniel J. Sheehan Jr.
St. Mary's Law Journal
Franchises, founder-member contracts, and referral-sales agreements are marketing practices used to expand retail businesses and typically categorized as investment contracts. These marketing schemes continue to leave investors susceptible to fraud and misrepresentation because security regulations may fail to adapt to continuously varying methods in which promoters acquire capital. The Securities Act of 1933, the Securities Exchange Commission of 1934, and the Blue Sky Laws were attempts to regulate marketing schemes by establishing purposefully broad definitions of investment contracts. Securities laws were meant to have a liberal application for the purpose of being flexible and adaptive. In 1946, the landmark case …
The Pyramiding Of Presumptions And Inferences In Texas., Carlos S. Cadena
The Pyramiding Of Presumptions And Inferences In Texas., Carlos S. Cadena
St. Mary's Law Journal
Anti-pyramid rules are based in the idea that a finding based on nothing more than mere speculation should be rejected. Despite the frequent invocation of these rules, many Texas courts fail to utilize them correctly. Though countless decisions lay down the general rule that a presumption cannot be based on another presumption and several state judiciaries pointing out the futility of basing an inference upon another inference, it is rare for the rules to be properly applied. This can be seen in Texas cases referencing and applying the rule. While a few cases justifiably apply the rule, in most cases, …