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 (27)
- St. Mary’s University School of Law (26)
- Federal (9)
- 1992) (8)
- Defendant (8)
-
- Constitution (7)
- N.Y. Constitutional Article I (7)
- New York State (7)
- Texas (7)
- § 6 (7)
- Mexico (6)
- North American Free Trade Agreement (NAFTA) (6)
- Court of Appeals (5)
- Appellate Division (4)
- Jr. (4)
- Supreme Court (4)
- U.S Const. Amend.VI (4)
- Violated (4)
- Attorney (3)
- Criminal (3)
- Due process (3)
- Evidence (3)
- New York Court of Appeals (3)
- Right to be present (3)
- Right to counsel (3)
- Texas Constitution (3)
- Texas Supreme Court (3)
- Trial (3)
- Trial court (3)
- Voir dire (3)
- Publication
- Publication Type
Articles 1 - 30 of 50
Full-Text Articles in Legal Ethics and Professional Responsibility
In Re Holtzman: Free Speech Or Professional Misconduct?, David W. Wright
In Re Holtzman: Free Speech Or Professional Misconduct?, David W. Wright
Touro Law Review
No abstract provided.
Ineffective Assistance Of Counsel
Introduction (Symposium On Municipal Liability), Patricia E. Salkin
Introduction (Symposium On Municipal Liability), Patricia E. Salkin
Scholarly Works
No abstract provided.
An Overview Of Illinois Contempt Law: A Court's Inherent Power And The Appropriate Procedures And Sanctions, 26 J. Marshall L. Rev. 223 (1993), Robert G. Johnston, Kevin E. Bry
An Overview Of Illinois Contempt Law: A Court's Inherent Power And The Appropriate Procedures And Sanctions, 26 J. Marshall L. Rev. 223 (1993), Robert G. Johnston, Kevin E. Bry
UIC Law Review
No abstract provided.
Consent Decrees Resulting From Institutional-Reform Litigation May Be Modified Upon Showing A Significant Change In Law Or Fact And A Modification Appropriately Tailored To That Change., Christy J. Lindsay
St. Mary's Law Journal
In Rufo v. Inmates of Suffolk County Jail, the Court held that courts may modify consent decrees resulting from institutional reform litigation upon showing a significant change in law or fact and a modification appropriately tailored to that change. The case of Swift v. United States set a strict standard for modification of consent decrees, requiring movants to demonstrate extreme, unexpected hardship and oppression. However, there is a modem trend toward adopting a more flexible standard. The Court deems the “flexible test” as particularly appropriate in the case of the institutional reform consent decree because of its speculative, long-term nature. …
The New Agrarian Law - Mexico's Way Out., Adrianna De Aguinaga
The New Agrarian Law - Mexico's Way Out., Adrianna De Aguinaga
St. Mary's Law Journal
The New Agrarian Law was passed based on a Mexican consensus demanding a better way of life for millions of farmers. Because of low agricultural productivity by the ejido—land common to all the neighbors—and the difficulties for the ejidatarios—members of the ejido—to obtain credit, an armed insurrection resulted. Mexico was forced to find a solution by trying to redistribute the agrarian lands equitably through agrarian reform. Unlike prior amendments which proved inefficient, the New Agrarian Law is applicable to companies and to ejidos. The New Agrarian Law will permit higher productivity in the Mexican agricultural sector and will increase the …
The North American Free Trade Agreemet And United States Employment., Roger W. Wallace, Max Scoular
The North American Free Trade Agreemet And United States Employment., Roger W. Wallace, Max Scoular
St. Mary's Law Journal
The North American Free Trade Agreement (NAFTA) will create new opportunities for United States firms and workers while simultaneously protecting United States workers over a 15-year timeframe. The benefits of NAFTA include eliminating conditions that currently encourage or require United States firms to invest south of the border, establishing free trade in services, and eliminating non-tariff barriers which impede United States merchandise exports to Mexico. Furthermore, NAFTA would provide an improved and expanded regional trade and investment base resulting in a boost to the global competitiveness of US products. NAFTA would also increase trade liberalization with Mexico and maintain Mexico …
The Legal Dilemma Of Groundwater Under The Integrated Environmental Plan For The Mexican-United States Border Area., M. Diane Barber
The Legal Dilemma Of Groundwater Under The Integrated Environmental Plan For The Mexican-United States Border Area., M. Diane Barber
St. Mary's Law Journal
This paper will explore the dilemma of implementing an appropriate legal format to best guide proposals for resolution of groundwater contamination. It will review groundwater under the Integrated Environmental Plan for the Mexico-United States Border Area (the Plan) and examine groundwater law in Mexico and in the four border states from a historical perspective. It will consider existing agreements between the two countries and propose adoption of the Bellagio Draft Treaty as the only legally viable means of achieving long-term remedial groundwater solutions. This paper, however, will also note isolated situations may be effectively addressed by the IBWC Minute, pending …
The Great Speech Perspective., Jon Larsen Shudlick
The Great Speech Perspective., Jon Larsen Shudlick
St. Mary's Law Journal
Abstract Forthcoming.
Proof Of Attorney's Fees In Texas., Scott A. Brister
Proof Of Attorney's Fees In Texas., Scott A. Brister
St. Mary's Law Journal
In Texas, the complex and confusing rules defining proof of attorney’s fees require simplification. Texas, like many other states, follows the American Rule, meaning the plaintiff and defendant each pay their own attorney’s fees. The United States is the only common-law jurisdiction and virtually the only industrialized democracy following the American Rule. Two primary justifications support following the American Rule. First, the American Rule supports individuals seeking a judicial remedy by removing the obstacle of paying an opponent’s legal fees. Second, it reduces potential litigation, attendant time and expense that would be necessary to dispute legal fees if they were …
Framing A Texas Bill Of Rights Argument., James C. Harrington
Framing A Texas Bill Of Rights Argument., James C. Harrington
St. Mary's Law Journal
As federal courts have allowed individual rights to diminish, the Texas judiciary nurtures state constitutional jurisprudence. Texas has a unique history requiring special care in approaching the construction and presentation of arguments utilizing the Texas Constitution or Texas Bill of Rights. The state constitution evolved over six revisions resulting with the eventual ratification of the final version in 1876. A confluence of goals ultimately resulted in a document where the bill of rights appears in Article I and by specifically framing individual liberties as affirmative rights rather than restrictions of government power. Four modes of interpretation are typically employed when …
The Filing Of An Indictment Against A Criminal Defendant Activates His Sixth Amendment Right To A Speedy Trial, Notwithstanding The Fact That The Defendant Had No Knowledge Of The Indictment Until The Time Of His Arrest., Ronna A. Laidley
St. Mary's Law Journal
In Doggett v. United States, the Supreme Court held the filing of an indictment against a defendant activates his Sixth Amendment right to a speedy trial, notwithstanding the defendant not knowing of the indictment until his arrest. The right to a speedy trial serves to vindicate the rights of individuals who have incurred impediments to their personal liberty because of governmental negligence. The Court stated the Speedy Trial Clause aims to prevent undue and oppressive pre-trial incarceration, limit the anxiety accompanying public accusation, and diminish delays that might cripple a defendant’s ability to prepare an adequate defense. Since Doggett suffered …
The Brain Gets Sick, Too - The Case For Equal Insurance Coverage For Serious Mental Illness., Brian D. Shannon
The Brain Gets Sick, Too - The Case For Equal Insurance Coverage For Serious Mental Illness., Brian D. Shannon
St. Mary's Law Journal
Recent brain research has revealed that the major mental illnesses are organic diseases of the brain. Like other organs of the body, the brain can become ill. Dr. E. Fuller Torrey, a psychiatrist whose sister suffers from schizophrenia, has commented that "[t]he evidence that serious mental illnesses are diseases is now overwhelming..." Notwithstanding recent medical findings regarding the organic underpinnings of mental illnesses, private insurers generally do not provide health insurance coverage for the treatment of these brain diseases at the same coverage levels as for other physical illnesses. In fact, "[m]ost private insurers require larger co-payments and set lower …
Foreign Investment In Mexico From The Perspective Of The Foreign Investor., Hope H. Camp Jr., Jaime Alvarez Garibary, C. Lee Cusenbary Jr.
Foreign Investment In Mexico From The Perspective Of The Foreign Investor., Hope H. Camp Jr., Jaime Alvarez Garibary, C. Lee Cusenbary Jr.
St. Mary's Law Journal
A factor contributing to the continuation of the economic revolution in Mexico has been, and will continue to be, foreign investment. The liberalized foreign-investment regulations and the positive attitude of the Foreign Investment Commission (FIC) in approving foreign investment proposals promote a more favorable environment for foreign investors. The Mexican government recently completed negotiating the NAFTA, a proposed free-trade agreement with the United States and Canada. The government is now considering what additional actions may be required to compete successfully with those other nations trying to attract scarce investment funds. Opportunities for foreign investors in Mexico are brighter than they …
Amendments To The General Law Of Business Associations., Raul S. Moreyra
Amendments To The General Law Of Business Associations., Raul S. Moreyra
St. Mary's Law Journal
Abstract Forthcoming.
Summary Of The Convention Between The Government Of The United States Of America And The Government Of The United Mexican States For The Avoidance Of Double Taxation And The Prevention Of Fiscal Evasion With Respect To Taxes On Income., Raul S. Moreyra
St. Mary's Law Journal
To prevent double taxation and income tax evasion, the Mexico and United States governments signed a convention in September 1992. The convention establishes when businesses may be subject to either United States or Mexico tax liabilities. Key to the application of the convention is the concept of permanent establishment. Permanent establishment is the designation given to a business situated in Mexico that transacts operations for a United States enterprise. This designation determines which nation, the United States or Mexico, will collect taxes from the business. If the business is a permanent establishment, the Mexican government will collect taxes. The types …
Judges On Judging: A Bibliography., Shirley S. Abrahamson, Susan M. Fieber, Gabrielle Lessard
Judges On Judging: A Bibliography., Shirley S. Abrahamson, Susan M. Fieber, Gabrielle Lessard
St. Mary's Law Journal
Abstract Forthcoming.
The Texas Employer's Liability In Tort For Injuries To An Employee Occurring In The Course Of The Employment., David W. Robertson
The Texas Employer's Liability In Tort For Injuries To An Employee Occurring In The Course Of The Employment., David W. Robertson
St. Mary's Law Journal
The focus of this Article is tort suits by employees, or their families, based on personal injury or death occurring in the course and scope of the worker’s employment. If an injury does not occur in the course and scope of employment, the defendant’s status as employer becomes irrelevant; the lawsuit is a common-law tort action, and the defendant has all of the common-law defenses. In 1989 the Texas Legislature repealed the former workers’ compensation law and replaced it with the new Texas Workers’ Compensation Act. The new Act took effect on January 1, 1991. The essentially voluntary nature of …
Revisiting Standards Of Review In Civil Appeals - Foreword Foreword., Nathan L. Hecht
Revisiting Standards Of Review In Civil Appeals - Foreword Foreword., Nathan L. Hecht
St. Mary's Law Journal
Abstract Forthcoming.
Property And Small-Scale Privitization In Russia., Richard C. Schneider Jr.
Property And Small-Scale Privitization In Russia., Richard C. Schneider Jr.
St. Mary's Law Journal
Knowing who owns what suddenly became important in Russia because of dramatic economic and market reforms of the Yeltsin government. The transfer of property, from the state to the private sector is at the heart of the reforms. It is generally recognized the “foundations of a market-based economic system are property rights and private ownership.” The purposes of this article are to (1) summarize reforms which successfully introduced a scheme of private ownership in Russia, as demonstrated by the Nizhny Novgorod experiment, and (2) discuss those property rights which remain unclear. Accordingly, the second and third parts of the article …
A Note To Our Readers, The Editors
Criminal Trespass And The Exclusionary Rule In Texas., Paul R. Stone, Henry De La Garza
Criminal Trespass And The Exclusionary Rule In Texas., Paul R. Stone, Henry De La Garza
St. Mary's Law Journal
In State v. Hobbs, the Texas Fourth Court of Appeals held a warrantless intrusion by police onto private property to obtain evidence constitutes criminal trespass under Section 30.05 of the Texas Penal Code. The resulting evidence falls within the exclusionary rule and this article considers whether this protection, which goes beyond constitutional guarantees, is necessary or desirable. The first part of this paper reviews existing federal and state constitutional protections against unreasonable searches. Next, the paper analyzes the history and purpose of criminal trespass and the exclusionary rule in Texas. Finally, the paper considers a question the court of appeals …
Expert Witness Fees In Federal Diversity Cases., Wade P. Webster
Expert Witness Fees In Federal Diversity Cases., Wade P. Webster
St. Mary's Law Journal
Even with the increasing complexity of litigation and the increased utilization of expert witnesses to provide expensive evidence on narrow scientific and technical issues, Congress still limits compensation of expert witnesses to only forty dollars per day, the same rate as ordinary fact witnesses. The justification for the low rate is that the witness fee statute was not intended by Congress to compensate witnesses fully for their lost time and income. Presumably this same reasoning also applies to expert witnesses. The problem with this reasoning, unlike law witnesses who may be compelled by subpoena, individual litigants must pay the fees …