Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (11)
- Torts (9)
- Evidence (4)
- Labor and Employment Law (4)
- Property Law and Real Estate (4)
-
- Agency (3)
- Criminal Law (3)
- Criminal Procedure (3)
- Insurance Law (3)
- Antitrust and Trade Regulation (2)
- Family Law (2)
- Tax Law (2)
- Taxation-State and Local (2)
- Administrative Law (1)
- Construction Law (1)
- Contracts (1)
- Immigration Law (1)
- Juvenile Law (1)
- Law and Society (1)
- Other Law (1)
- Social Welfare Law (1)
- State and Local Government Law (1)
- Taxation-Federal (1)
- Taxation-Federal Estate and Gift (1)
- Taxation-Transnational (1)
- Workers' Compensation Law (1)
- Keyword
-
- St. Mary’s University School of Law (7)
- St. Mary’s Law Journal (5)
- Inc. (2)
- St Mary’s Law Journal (2)
- 269 N.E.2d 517 (Ill. Ct. App. 1971) (1)
-
- A Modern-Day Legal Jabberwocky. (1)
- Abolished (1)
- Abrogation (1)
- Abuse (1)
- Actual income (1)
- Alamo Casualty Co. v. Stephens. (1)
- Alice in Wonderland (1)
- Anti-pyramiding rules (1)
- Anti-trust laws (1)
- Assumed risk (1)
- Benefits (1)
- Blue Sky Laws (1)
- Boudreax v. Taylor (1)
- Briones v. Levine’s Department Store (1)
- Carlos C. Cadena (1)
- Carol v. Ford Motor Co. (1)
- Chapman v. Rudd Paint & Var-nish Co (1)
- Charles E. Evans (1)
- Charles T. Locke (1)
- Clampitt v. St. Louis S.W. Ry. (1)
- Clayton Act (1)
- College students (1)
- Common law (1)
- Comparative negligence. (1)
- Confusing phrases (1)
Articles 1 - 30 of 45
Full-Text Articles in Law
Crashworthiness: Defective Product Design - Secondary Impact Liability In Texas., Franklin D. Houser
Crashworthiness: Defective Product Design - Secondary Impact Liability In Texas., Franklin D. Houser
St. Mary's Law Journal
Abstract Forthcoming.
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 Right Of Bystanders To Recover Upon Witnessing Injury Or Peril Of Third Persons - Damages., Michael R. Ezell
The Right Of Bystanders To Recover Upon Witnessing Injury Or Peril Of Third Persons - Damages., Michael R. Ezell
St. Mary's Law Journal
Abstract Forthcoming.
The Condemnor Has The Right To Show The Reasonably Foreseeable And Probable Uses Of The Tract Condemned So That The Jury May Consider This Factor With All Other Matters In Reaching A Market Value Determination Respecting The Remainder Tract., Stephen Bond Paxson
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.
1) A Consent To A Search And Seizure Can Be Shown When Words Constituting Consent Are Given After Officers Allege They Have Possession Of A Search Warrant; 2) The Right Of Confrontation Is Not Violated When An Out Of Court Confession Of A Third Person Is Introduced At Trial And Implicates The Accused., Michael L. Vaughn
St. Mary's Law Journal
Abstract Forthcoming.
The Cross Section Principle As A Constitutional Right And The Use Of Voter Registration Lists As An Administrative Technique To Insure A Defendant Due Process Under The Law., Ellen E. Cook
St. Mary's Law Journal
Abstract Forthcoming.
Under A 99-Year Lease, A Lessor, Who Permitted, But Did Not Require, His Lessee To Demolish His Buildings And Construct New Improvements, Was Entitled To A Deductible Demolition Loss Under Section 165 Of The Internal Revenue Code Of 1954., Ron D'Addario
St. Mary's Law Journal
Abstract Forthcoming.
In The Interest Of Justice., Robert W. Calvert
In The Interest Of Justice., Robert W. Calvert
St. Mary's Law Journal
Abstract Forthcoming.
Reaching Age Seventeen Does Not Render Appeal Of Waiver Moot But Only Prevents A Remand If The Case Is Reversed., Cynthia Hollingsworth Cox
Reaching Age Seventeen Does Not Render Appeal Of Waiver Moot But Only Prevents A Remand If The Case Is Reversed., Cynthia Hollingsworth Cox
St. Mary's Law Journal
Abstract Forthcoming.
Where Emotional Stress And Strain Arising From An Automobile Accident Are Superimposed Upon A Dormant Heart Condition So As To Cause Death, Recovery May Be Had Under The Provisions Of An Insurance Policy Insuring Against Accidental Bodily Injury And Death., Patricia Koch Irvine
St. Mary's Law Journal
Abstract Forthcoming.
The Recovery Of Attorney Fees In Texas., Larry Glenn Hyden
The Recovery Of Attorney Fees In Texas., Larry Glenn Hyden
St. Mary's Law Journal
Abstract Forthcoming.
Economic Coercion As Plaintiff's Defense To Volenti Non Fit Injuria In Strict Liability Actions., Charles T. Locke
Economic Coercion As Plaintiff's Defense To Volenti Non Fit Injuria In Strict Liability Actions., Charles T. Locke
St. Mary's Law Journal
Although Texas courts have commented on the harshness of “assumed risk” principles for quite some time, they have been reluctant to alter the situation. However, the Fifth Circuit decision in Messick v. General Motors Corporation may effectively serve to soften this well-established doctrine. Volenti non fit injuria, or “assumed risk,” will preclude recovery where the plaintiff voluntarily assumes a risk of injury arising from another’s negligence. One exception to the rule is the “hard choice” doctrine, which considers whether the defendant’s negligence left the plaintiff with a reasonable choice to avoid the danger. Interestingly, Texas courts refuse to extend the …
The Franchisor's Dilemma: Justifying Tying Arrangements In Antitrust Suits., Larry R. Patton
The Franchisor's Dilemma: Justifying Tying Arrangements In Antitrust Suits., Larry R. Patton
St. Mary's Law Journal
Tying Arrangements within the Franchise market suppress competition by denying competitors free access to the market for a tied product. A tie-in or tied product is an item, distinguishable from the franchise itself, forced upon a franchise, to secure the license. The two defenses used in validating a tied product are: (1) that the tying product in “good will” serves a satisfactory purpose in conjunction with the tied product, and (2) the tied protect serves to protect the quality of the trademarked product. This study examines case law and how the application of the Sherman and Clayton Anti-Trust Acts in …
Public Housing Authority's Use Of Exculpatory Clause In Lease Agreement Is Not Contrary To Public Policy., Charles Michael Montgomery
Public Housing Authority's Use Of Exculpatory Clause In Lease Agreement Is Not Contrary To Public Policy., Charles Michael Montgomery
St. Mary's Law Journal
Abstract Forthcoming.
An Other Insurance Provision Is Ineffective In Limiting Recovery From An Insurer For Actual Damages Caused By An Uninsured Motorist., J. Michael Myers
An Other Insurance Provision Is Ineffective In Limiting Recovery From An Insurer For Actual Damages Caused By An Uninsured Motorist., J. Michael Myers
St. Mary's Law Journal
Abstract Forthcoming.
Psychiatrist's Testimony That State's Principal Witness's Psychological Condition Might Prompt Him To Distort Facts Was Not Admissible For Purposes Of Impeachment Of The Witness., Joseph H. Vives
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.
Damages For The Death Of A Minor Child Under The Texas Wrongful Death Act., Paul F. Ferguson
Damages For The Death Of A Minor Child Under The Texas Wrongful Death Act., Paul F. Ferguson
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.
The Government May Withhold Investigatory Materials Compiled For A Law Enforcement Proceeding Which Has Been Terminated., George Aaron Taylor
The Government May Withhold Investigatory Materials Compiled For A Law Enforcement Proceeding Which Has Been Terminated., George Aaron Taylor
St. Mary's Law Journal
Abstract Forthcoming.
Regulation Governing The Length Of Hair Is One That Is Not Cognizable In The Federal Courts, Nor Is Such Right To Be Found Within The Plain Meaning Of The Federal Constitution., Thomas N. Willess
St. Mary's Law Journal
Abstract Forthcoming.
A Paying Patient In A County Hospital May Not Maintain A Cause Of Action In Tort In The Event Of Injuries Sustained As The Result Of The Negligence Of Hospital Employees., Larry R. Patton
St. Mary's Law Journal
Abstract Forthcoming.
The Unpopular Cause In Times Like These., Leon Jaworski
The Unpopular Cause In Times Like These., Leon Jaworski
St. Mary's Law Journal
Abstract Forthcoming.
Evidence Of An Extraneous Offense Offered To Rebut A Defensive Theory Urged By The Defendant Is Admissible Even Absent A Showing That The Defendant Was The Perpetrator Of The Extraneous Offense., Daniel J. Sheehan Jr.
Evidence Of An Extraneous Offense Offered To Rebut A Defensive Theory Urged By The Defendant Is Admissible Even Absent A Showing That The Defendant Was The Perpetrator Of The Extraneous Offense., Daniel J. Sheehan Jr.
St. Mary's Law Journal
Abstract Forthcoming.
Aliens: The Unconstitutional Classification For Admission To The Bar., J. Rand Cliffe
Aliens: The Unconstitutional Classification For Admission To The Bar., J. Rand Cliffe
St. Mary's Law Journal
Abstract Forthcoming.
A Complaint Under The Robinson-Patman Act Need Not Allege That One Of The Sales Involved Was Interstate In Character As Long As It Charges That Interstate Sales Were Used To Underwrite Allegedly Discriminatory Intrastate Price-Cutting Tactics., Michael D. Wagner
St. Mary's Law Journal
Abstract Forthcoming.
Relatives' Responsibility Law Requiring Financially Able Adult Children To Contribute To The Support Of Their Needy Parents Has A Rational Relation To A Conceivably Legitimate State Purpose And Does Not Transgress The Constitutional Equal Protection Guarantee., Garvin P. Stryker
St. Mary's Law Journal
Abstract Forthcoming.
Where An Employee Is Injured In A Case For Which Compensation Is Payable Under Circumstances Creating Liability In Some Party Other Than The Compensation Subscriber, The Employee Must Make An Election To Proceed Against The Third Party Or The Compensation Carrier Within Two Years From The Date Of The Accident., Myron E. East Jr.
St. Mary's Law Journal
Abstract Forthcoming.
The Legislature May Not Validly Exempt The Property Of A Nonprofit Water Supply Corporation From Taxation., Charles T. Locke
The Legislature May Not Validly Exempt The Property Of A Nonprofit Water Supply Corporation From Taxation., Charles T. Locke
St. Mary's Law Journal
Abstract Forthcoming.