Open Access. Powered by Scholars. Published by Universities.®
Legal Ethics and Professional Responsibility Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- St. Mary’s Law Journal (14)
- St. Mary’s University School of Law (14)
- Inc. (3)
- Competing interests (2)
- Constitutional law (2)
-
- Fourteenth Amendment (2)
- Texas Constitution (2)
- 42 U.S.C. § 1981 (1)
- 777 S.W.2d 391 (Tex. 1989) (1)
- Actual authority (1)
- Additional (1)
- Adjudication (1)
- Advertisement (1)
- Affirmative action plan (1)
- Age Discrimination in Employment Act of 1967 (1)
- American copyright law objectives (1)
- Analogical reasoning (1)
- Antidilution (1)
- Antidilution statute (1)
- Attorney (1)
- Balance (1)
- Boundaries (1)
- Brockmeyer v. Dun & Bradstreet (1)
- Burdensome (1)
- CERCLA’s strict liability provision (1)
- California v. Green (1)
- Carol Jendrzey (1)
- Challenges to American copyright law (1)
- Child abuse victim (1)
- Child’s welfare (1)
Articles 1 - 30 of 46
Full-Text Articles in Legal Ethics and Professional Responsibility
Retrospective Justification, Jeffrey Malkan
Protecting The Fetus From Maternal Drug And Alcohol Abuse: A Proposal For Texas., Tom Rickhoff, Curtis L. Cukjati
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.
You Should See Your Irs File: Access To Irs Information - What Are A Taxpayer's Rights., Richard J. Wood
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.
Estate Planning For The Non-Taxable Estate., Mcken V. Carrington
Estate Planning For The Non-Taxable Estate., Mcken V. Carrington
St. Mary's Law Journal
No abstract provided.
Government Regulations Authorizing M.Andatory Alcohol And Drug Testing Of Private Railroad Employees On Less Than Individualized Suspicion To Enhance Safety Are Constitutional, Keith Dorsett
St. Mary's Law Journal
No abstract provided.
Lust - Deep In The Heart Of Texas: Federal Epa Regulations Affecting Underground Storage Tanks - The Texas Statutory And Regulatory Counterparts., Blaine D. Edwards
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.
Recognizing An Implied Warranty That Professional Services Will Be Performed In A Good And Workmanlike Manner., Mark L. Kincaid
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 …
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
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.
Texas Disciplinary Rules Of Professional Conduct: Additional Liability For Texas Lawyers., Xavier G. Medina, Virginia Coyle
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 …
Dedication., Orville C. Walker
Dedication., James P. White
Dedication., Editorial Board St. Mary's School Of Law
Dedication., Editorial Board St. Mary's School Of Law
St. Mary's Law Journal
Abstract Forthcoming.
The Original Intent Of The Education Article Of The Texas Constitution., Mikal Watts, Brad Rockwell
The Original Intent Of The Education Article Of The Texas Constitution., Mikal Watts, Brad Rockwell
St. Mary's Law Journal
Abstract Forthcoming.
Commanding Respect: Criminal Sanctions For Environmental Crimes., Eva M. Fromm
Commanding Respect: Criminal Sanctions For Environmental Crimes., Eva M. Fromm
St. Mary's Law Journal
Abstract Forthcoming.
Texas' New Trademark Antidilution Statute - Useful Or Useless New Protection For Texas Trademarks., Richard Taylor
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 …
Nonparties To Employment Discrimination Consent Decrees May Attack, In A Collateral Lawsuit, Decisions Made Pursuant To The Decrees., Michael T. Larkin
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” …
Limitation Of Liability Of Limited Partners While Affording Control Of Partnership Affairs To Limited Partners., Kenneth L. Bennight Jr., Troy (Trey) S. Martin Iii
Limitation Of Liability Of Limited Partners While Affording Control Of Partnership Affairs To Limited Partners., Kenneth L. Bennight Jr., Troy (Trey) S. Martin Iii
St. Mary's Law Journal
This article examines the liability provisions of the Texas Revised Act Section 3.03 and compares it with other uniform limited partnership acts. It attempts to ascertain the amount of control a limited partner can exercise over the partnership without risking unlimited liability as a general partner. Limited partners invest capital and share in the profits of the business, but their liability is limited to the amount of capital they invest. If the limited partners exercise control over the business, however, the limited partners may forfeit their limited liability and become liable as general partners. In the last century, the law …
Applying Edgewood V. Kirby To Analysis Of Fundamental Rights Under The Texas Constitution., Albert H. Kauffman, Carmen Maria Rumbaut
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 …
What Price Innocence - A Realistic View Of The Innocent Landowner Defense Under Cercla., Debra L. Baker, Theodore G. Baroody
What Price Innocence - A Realistic View Of The Innocent Landowner Defense Under Cercla., Debra L. Baker, Theodore G. Baroody
St. Mary's Law Journal
Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to provide the federal government and the states with authority to clean up hazardous waste sites. This article discusses the significance of the so-called “innocent landowner defense” under CERCLA. This Act imposed liability on landowners regardless of the landowner’s contribution to, or awareness of, the presence of hazardous substances on their acquired property. The exceedingly, and apparently unintentionally, harsh impact of CERCLA liability soon became apparent. This article addresses a brief summary of the statute and the manner in which the innocent landowner defense came into existence. …
A Practical Guide To The Admissibility Of Novel Expert Evidence In Criminal Trials Under Federal Rule 702., Cathleen C. Herasimchuk
A Practical Guide To The Admissibility Of Novel Expert Evidence In Criminal Trials Under Federal Rule 702., Cathleen C. Herasimchuk
St. Mary's Law Journal
No abstract provided.
Pitfalls Of Public Policy: The Case Of Arbitration Agreements., Jeffrey W. Stempel
Pitfalls Of Public Policy: The Case Of Arbitration Agreements., Jeffrey W. Stempel
St. Mary's Law Journal
No abstract provided.
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.
A Reasonable Belief That A Third Party Had Authority To Consent To A Search Is An Exception To The Warrant Requirement., S. Jeffrey Gately
A Reasonable Belief That A Third Party Had Authority To Consent To A Search Is An Exception To The Warrant Requirement., S. Jeffrey Gately
St. Mary's Law Journal
In Illinois v. Rodriguez, the Supreme Court granted certiorari to determine whether a warrantless search is valid when police rely on consent of a third party whom they reasonably believe had common authority over an area but does not. A reasonable belief that a third party had authority to consent to a search is an exception to the warrant requirement. The Fourth Amendment to the United States Constitution protects people and their possessions by prohibiting unreasonable searches by government authorities. Although this protection extends to any place where a person may claim a reasonable expectation of privacy, it especially protects …
Life And Death Decisions: A Reply To Judge Peccarelli, 23 J. Marshall L. Rev. 569 (1990), Irwin R. Kramer
Life And Death Decisions: A Reply To Judge Peccarelli, 23 J. Marshall L. Rev. 569 (1990), Irwin R. Kramer
UIC Law Review
No abstract provided.
Prenatal V. Parental Rights: What A Difference An A Makes., Ali Gallagher
Prenatal V. Parental Rights: What A Difference An A Makes., Ali Gallagher
St. Mary's Law Journal
No abstract provided.
Dtpa In The Courts: Two Empirical Studies And A Proposal For Change., Nancy Friedman Atlas, Scott J. Atlas, Raymond T. Nimmer
Dtpa In The Courts: Two Empirical Studies And A Proposal For Change., Nancy Friedman Atlas, Scott J. Atlas, Raymond T. Nimmer
St. Mary's Law Journal
Abstract Forthcoming.
Dedication., Ernest A. Raba
Dedication., Sam S. Crutchfield
Current Procedures For Performing Meaningful Discussions In Federal Negotiated Procurements Are Uneconomical, Inefficient, And Ineffective - A Proposal For Improvement., Howard L. Speight
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.
Texas Adopts The Outstanding Balance Method Of Determining Whether Monies Bid At A Foreclosure Sale Involving Wraparound Mortgages Generate Excess Proceeds Or Constitute A Deficiency., Cynthia K. Brotman
St. Mary's Law Journal
Abstract Forthcoming.