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Articles 1 - 28 of 28
Full-Text Articles in Legal Ethics and Professional Responsibility
Lawyers' Negligence Liability To Non-Clients: A Texas Viewpoint., Brian J. Davis
Lawyers' Negligence Liability To Non-Clients: A Texas Viewpoint., Brian J. Davis
St. Mary's Law Journal
Courts should examine the relationship of a non-client to a negligent lawyer to determine whether a lawyer is liable to a non-client despite lack of privity. In most jurisdictions, attorneys enjoy the privity of contract requirement which limits their duty to exercise reasonable care. As a result, lawyers are normally immune to negligent malpractice actions brought by non-clients. Courts should examine the relationship between the attorney and the non-client to determine whether the requirement of privity is an overly restrictive limit on the lawyer’s scope of duty. These relationships can be classified into three categories. The first category involves plaintiffs …
Free Appropriate Public Education Of Handicapped Children Requires Personalized Instruction And Support Services To Produce Beneficial Results But Does Not Require Reaching Full Potential Of Handicapped Student., Margaret Corning Boldrick
Free Appropriate Public Education Of Handicapped Children Requires Personalized Instruction And Support Services To Produce Beneficial Results But Does Not Require Reaching Full Potential Of Handicapped Student., Margaret Corning Boldrick
St. Mary's Law Journal
Abstract Forthcoming.
An At-Will Employee May Be Fired Despite Motives Which Violate State Public Policy., Kelsey Menzel
An At-Will Employee May Be Fired Despite Motives Which Violate State Public Policy., Kelsey Menzel
St. Mary's Law Journal
Scholars generally agree children possess fewer rights than adults under the Constitution. Moreover, the school, as a restricted environment, places additional constraints on the constitutional rights of minors. In recent years, however, the Supreme Court extended to minor students the rights of equal protection and civil due process. In Tinker v. Des Moines Independent Community School District, the Court acknowledged children have First Amendment rights of self-expression in a school environment. This marked a significant change from the judiciary’s traditional reluctance to interfere in school matters. Subsequent First Amendment challenges to school board decisions have focused on library book removal. …
A Synopsis Of The Federal Juvenile Delinquency Act., William S. Sessions, Faye M. Bracey
A Synopsis Of The Federal Juvenile Delinquency Act., William S. Sessions, Faye M. Bracey
St. Mary's Law Journal
The Juvenile Justice and Delinquency Prevention Act of 1974 (Act) was passed by the United States Congress on September 7, 1974. The Act amended the Federal Juvenile Delinquency Act (FJDA) which had been virtually unchanged since its enactment in 1938. The Act sets up a procedural framework for the treatment of minors who are within the jurisdictional reach of a federal court due to the commission of an act which contradicts a federal criminal statute. With a thorough understanding of the original FJDA and its amendments, benefits, required procedures, and a juvenile’s constitutional rights, counsel for a juvenile offender in …
Fundamentals Of Doing Business With Mexico: After The Exchange Control., Carlos R. Valencia Barrera, Rodrigo Sanchez-Mejorada Rodrigo
Fundamentals Of Doing Business With Mexico: After The Exchange Control., Carlos R. Valencia Barrera, Rodrigo Sanchez-Mejorada Rodrigo
St. Mary's Law Journal
Abstract Forthcoming.
Exemption Of Government Securities Vs. State Taxation Of Bank Stock: A Legal Tug-Of-War., Thomas M. Schlenker
Exemption Of Government Securities Vs. State Taxation Of Bank Stock: A Legal Tug-Of-War., Thomas M. Schlenker
St. Mary's Law Journal
Abstract Forthcoming.
Profits Derived From Racketeering Activity Are Forfeitable Interests Under 18 U.S.C. Section 1963., William Maines
Profits Derived From Racketeering Activity Are Forfeitable Interests Under 18 U.S.C. Section 1963., William Maines
St. Mary's Law Journal
Abstract Forthcoming.
A Constitutional Analysis Of The English Literacy Requirement Of The Naturalization Act Symposium - Selected Topics On Constitutional Law., Ricardo Gonzalez Cedillo
A Constitutional Analysis Of The English Literacy Requirement Of The Naturalization Act Symposium - Selected Topics On Constitutional Law., Ricardo Gonzalez Cedillo
St. Mary's Law Journal
Abstract Forthcoming.
A Theory Of Equal Protection Symposium - Selected Topics On Constitutional Law., David A. Dittfurth
A Theory Of Equal Protection Symposium - Selected Topics On Constitutional Law., David A. Dittfurth
St. Mary's Law Journal
Equal protection must prohibit arbitrary governmental classifications or differentiation. The Supreme Court is a unique authority because of its power to create constitutional law and because of its symbolic position in this society as a bearer of the Constitution as aegis. The Fourteenth Amendment, which is derived from the Equal Protection Clause, is one of the most important areas of constitutional law. Governmental decisionmakers must consider equal protection doctrine since they are frequently required to discriminate among those arguably qualified in order to determine who should bear the burden of governmental action or receive the benefits of governmental largess. A …
An Overview Of Prisoners' Rights: Part I, Access To The Courts Under Section 1983 Symposium - Selected Topics On Constitutional Law - Comment., James M. Hill
St. Mary's Law Journal
Abstract Forthcoming.
Franchising In Texas., Mark H. Miller
The Emergence Of Punitive Damages In Product Liability Actions: A Further Assault On The Citadel., James B. Sales
The Emergence Of Punitive Damages In Product Liability Actions: A Further Assault On The Citadel., James B. Sales
St. Mary's Law Journal
Abstract Forthcoming.
The Revised Texas Usury Ceilings - A New Alice In Wonderland., Frank A. St. Claire, Sara Greenwood Hogan
The Revised Texas Usury Ceilings - A New Alice In Wonderland., Frank A. St. Claire, Sara Greenwood Hogan
St. Mary's Law Journal
Abstract Forthcoming.
Board Of Education V. Pico: School Library Book Removal And The First Amendment Symposium - Selected Topics On Constitutional Law - Comment., Kelsey Menzel
St. Mary's Law Journal
Abstract Forthcoming.
The Fairness Doctrine: Protection For A Scarce Public Resource Symposium - Selected Topics On Constitutional Law - Comment., Constance Sheppard
The Fairness Doctrine: Protection For A Scarce Public Resource Symposium - Selected Topics On Constitutional Law - Comment., Constance Sheppard
St. Mary's Law Journal
Abstract Forthcoming.
Constitutional Rights Of The Involuntarily Committed Mentally Retarded After Youngberg V. Romeo Symposium - Selected Topics On Constitutional Law - Comment., Diane M. Weidert
Constitutional Rights Of The Involuntarily Committed Mentally Retarded After Youngberg V. Romeo Symposium - Selected Topics On Constitutional Law - Comment., Diane M. Weidert
St. Mary's Law Journal
Abstract Forthcoming.
Constitutional Law - Presidential Immunity - The President Is Absolutely Immmune From Civil Damages Liability For Acts Done Within The Outer Perimeter Of His Official Capacity Symposium - Selected Topics On Constitutional Law - Case Note., Laura H. Burney
St. Mary's Law Journal
Abstract Forthcoming.
The Current State Of Usury Law In Texas., Michele M. Hightower
The Current State Of Usury Law In Texas., Michele M. Hightower
St. Mary's Law Journal
Abstract Forthcoming.
The Due On Sale Clause In A Deed Of Trust Is Not An Invalid Restraint On The Alienation Of Property., Susan H. Cregor
The Due On Sale Clause In A Deed Of Trust Is Not An Invalid Restraint On The Alienation Of Property., Susan H. Cregor
St. Mary's Law Journal
Abstract Forthcoming.
Turning The Gun On Tort Law: Aiming At Courts To Take Products Liability To The Limit., Donald E. Santarelli, Nicholas E. Calio
Turning The Gun On Tort Law: Aiming At Courts To Take Products Liability To The Limit., Donald E. Santarelli, Nicholas E. Calio
St. Mary's Law Journal
Abstract Forthcoming.
Reciprocal Agreements In Shopping Center Developments., Thomas J. Terkel
Reciprocal Agreements In Shopping Center Developments., Thomas J. Terkel
St. Mary's Law Journal
Abstract Forthcoming.
Adjudicative Resolution Of Commercial Disputes Between Nationals Of The United States And Mexico., Edward H. Kurth
Adjudicative Resolution Of Commercial Disputes Between Nationals Of The United States And Mexico., Edward H. Kurth
St. Mary's Law Journal
Abstract Forthcoming.
Historic District Zoning: A Texas Overview., Margaret Corning Boldrick
Historic District Zoning: A Texas Overview., Margaret Corning Boldrick
St. Mary's Law Journal
Abstract Forthcoming.
The Windfall Profit Tax Exposed., J. Matthew Dow
The Windfall Profit Tax Exposed., J. Matthew Dow
St. Mary's Law Journal
Abstract Forthcoming.
Community Property - Division Of Property Upon Divorce - Property Acquired During Marriage In A Common Law State Except By Gift, Devise, Or Descent Should Be Treated As Community Property., David H. Brock
St. Mary's Law Journal
Abstract Forthcoming.
Representative Democracy Symposium - Selected Topics On Constitutional Law., Glen E. Thurow
Representative Democracy Symposium - Selected Topics On Constitutional Law., Glen E. Thurow
St. Mary's Law Journal
Abstract Forthcoming.
An Overview Of Prisoners' Rights: Part Ii, Conditions Of Confinement Under The First And Eighth Amendments Symposium - Selected Topics On Constitutional Law - Comment., Bobby Scheihing
St. Mary's Law Journal
Abstract Forthcoming.
Sporhase, The Commerce Clause, And State Power To Conserve Natural Resources - Is The Local Well Running Dry Symposium - Selected Topics On Constitutional Law - Comment., Nancy Nowlin Kerr
Sporhase, The Commerce Clause, And State Power To Conserve Natural Resources - Is The Local Well Running Dry Symposium - Selected Topics On Constitutional Law - Comment., Nancy Nowlin Kerr
St. Mary's Law Journal
Abstract Forthcoming.