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Legal Ethics and Professional Responsibility Commons™

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Journal

1991

Discipline
Institution
Keyword
Publication

Articles 31 - 60 of 70

Full-Text Articles in Legal Ethics and Professional Responsibility

Child Support For Adult Disabled Children: New Texas Legislation., Dan R. Price Jan 1991

Child Support For Adult Disabled Children: New Texas Legislation., Dan R. Price

St. Mary's Law Journal

In 1989, the Texas legislature modified the Texas Family Code by relaxing the criteria necessary to allow awards of support to adult disabled children. Texas has historically recognized, through both state and case law, that parents have both a moral and legal obligation to support minor unemancipated children, but only until the age of majority. An exception to the limitation of parental support only until the age of majority is the “disability exception.” Many jurisdictions recognize that when a minor child suffers from a disability and is incapable or unable to take care of themselves, parental support may extend past …

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Review Of Honorable Justice: The Life Of Oliver Wendell Holmes By Sheldon Novick., Michael S. Ariens Jan 1991

Review Of Honorable Justice: The Life Of Oliver Wendell Holmes By Sheldon Novick., Michael S. Ariens

St. Mary's Law Journal

Abstract Forthcoming.

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Reformers' Regress: The 1991 Texas Workers' Compensation Act., Jill Williford Jan 1991

Reformers' Regress: The 1991 Texas Workers' Compensation Act., Jill Williford

St. Mary's Law Journal

The revision of the Texas Workers’ Compensation Act will affect most Texas taxpayers and workers. The Act, entering into force January 1, 1991, significantly restructures the preexisting seventy-six-year-old system. Before the advent of workers’ compensation systems employees relied on the court and common-law causes of action as the sole means of recovery. In 1913, Texas enacted one of the first versions of workers’ compensation in the United States. The original act created a system to compensate workers for injuries sustained during employment without regard to fault. Initially the act was elective for employers and mandatory for employees but was later …

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The Human Rights Revolution Address., Thomas Buergenthal Jan 1991

The Human Rights Revolution Address., Thomas Buergenthal

St. Mary's Law Journal

Abstract Forthcoming.

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The Court Of Criminal Appeals Versus The Constitution: The Conclusivity Question., Susan Bleil, Charles Bleil Jan 1991

The Court Of Criminal Appeals Versus The Constitution: The Conclusivity Question., Susan Bleil, Charles Bleil

St. Mary's Law Journal

This Article examines the Texas Constitution’s grant of authority to appellate courts to review questions of fact and the Texas Supreme Court’s treatment of that authority. It then contrasts that treatment with the contrary position taken by the Texas Court of Criminal Appeals since 1981. It also examines the sentiments of the courts of appeals themselves. The analysis of the decisions demonstrates the highest courts of Texas do not uniformly view the constitutional provision in question. It also shows resulting confusion and dissatisfaction. The Court of Criminal Appeals needs a better, more logical approach in interpreting the Texas constitution. Also …

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The Texas Tax Relief Act After Twelve Years: Adoption, Implementation &(And) Enforcement., Michael Weiss Jan 1991

The Texas Tax Relief Act After Twelve Years: Adoption, Implementation &(And) Enforcement., Michael Weiss

St. Mary's Law Journal

The Texas Tax Reform Act, an amendment to the Texas constitution, undertook to create and enforce spending limits. The Texas Government first followed the spending limits in the 1982-1983 biennium. The threat of veto from Governor Clemments forced the legislature to adopt a budget below the limit. Unfortunately, Texas taxpayers did not see the savings of 1982 repeated in subsequent years. Meaning, the amendment, which passed by an eighty-four percent majority, failed in its purpose for limiting the government growth and spending. The noncompliance of the LBB is in contravention of the people’s will and the laws established to set …

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Environmental Aspects Of Maquiladora Operations: A Note Of Caution For U.S. Parent Corporations., Daniel I. Basurto Gonzalez, Elaine Flud Gonzalez Jan 1991

Environmental Aspects Of Maquiladora Operations: A Note Of Caution For U.S. Parent Corporations., Daniel I. Basurto Gonzalez, Elaine Flud Gonzalez

St. Mary's Law Journal

Abstract Forthcoming.

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Why The United States Should Adopt The First-To-File System For Patents., Bernarr R. Pravel Jan 1991

Why The United States Should Adopt The First-To-File System For Patents., Bernarr R. Pravel

St. Mary's Law Journal

Abstract Forthcoming.

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Introduction Of Thomas Buergenthal Address - Introduction., Barbara Bader Aldave Jan 1991

Introduction Of Thomas Buergenthal Address - Introduction., Barbara Bader Aldave

St. Mary's Law Journal

Abstract Forthcoming.

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The Carryforward Of Net Operating Losses And Other Tax Attributes After Bankruptcy Reorganizations., Martin M. Van Brauman Jan 1991

The Carryforward Of Net Operating Losses And Other Tax Attributes After Bankruptcy Reorganizations., Martin M. Van Brauman

St. Mary's Law Journal

When stock is exchanged for debt in a bankruptcy reorganization, potentially abusive tax situations can result if the reorganization occurs strictly for the carryforward of tax attributes to the acquiring corporation. The basic question is to what extent the discharge of indebtedness provisions, the application of the various statutory and judicial requirements, and the consolidated return regulations prohibit or restrict the carryforward of the tax history of the debtor corporation. Bankruptcy reorganization for a corporation under Chapter 11 of the Bankruptcy Code can take the form of either a recapitalization or a reorganization. Because a “G” reorganization involves a discharge …

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Social Infrastructure Needs Of The Maquiladora Industry: A Proposal For United States Corporate Contributions., Rodolfo Villalobos, Bruce B. Barshop Jan 1991

Social Infrastructure Needs Of The Maquiladora Industry: A Proposal For United States Corporate Contributions., Rodolfo Villalobos, Bruce B. Barshop

St. Mary's Law Journal

Abstract Forthcoming.

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The Empire Strikes Back., E. Joshua Rosenkranz Jan 1991

The Empire Strikes Back., E. Joshua Rosenkranz

St. Mary's Law Journal

Abstract Forthcoming.

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Salinastroika: Recent Developments In Technology Transfer Law In Mexico., Mark O'C. O'Brien, Carlos R.V. Muggenburg Jan 1991

Salinastroika: Recent Developments In Technology Transfer Law In Mexico., Mark O'C. O'Brien, Carlos R.V. Muggenburg

St. Mary's Law Journal

Abstract Forthcoming.

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Postscript: In Budget Disputes Between Elected State Officials, Will The Rule Of Law Prevail., Gregory E. Maggs Jan 1991

Postscript: In Budget Disputes Between Elected State Officials, Will The Rule Of Law Prevail., Gregory E. Maggs

St. Mary's Law Journal

Abstract Forthcoming.

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Integrity And Ethical Standards In New York State Government: Final Report To The Governor, New York State Commission On Government Integrity Jan 1991

Integrity And Ethical Standards In New York State Government: Final Report To The Governor, New York State Commission On Government Integrity

Fordham Urban Law Journal

September 1990 letter from the New York State Commission on Government Integrity to Governor Mario M. Cuomo. “This letter constitutes the final report of the Commission on Government Integrity. The Commission was created by Executive Order 88.1 and directed to examine a wide variety of subjects concerning government integrity in New York State. Since its inception, the Commission has submitted 20 reports containing specific recommendations for reform of New York laws, regulations and procedures. Some of these recommendations can be implemented by executive order; others require action by the New York State Legislature. Most of the recommendations would impose no …

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Prosecutorial Ethics: The Case For The Per Se Rule, Kara S. Donahue Jan 1991

Prosecutorial Ethics: The Case For The Per Se Rule, Kara S. Donahue

Fordham Urban Law Journal

“The integrity of the legal system is essential to public confidence in government. Without public confidence, the rule of law loses its meaning. The prosecutor is often the most visible participant in the criminal justice system, and thus, even the appearance of impropriety in the prosecutor's behavior erodes the public trust. He has a duty to seek justice and truth, not only to convict. This duty creates a dual role for the prosecutor: he is both an advocate seeking to obtain convictions and a minister of justice attempting to discover the truth. The public expects him to fulfill these functions …

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Foreword: Legal Ethics And Government Integrity, Cyrus Vance Jan 1991

Foreword: Legal Ethics And Government Integrity, Cyrus Vance

Fordham Urban Law Journal

This foreword addresses "the need to uphold and maintain a high level of integrity in both the legal profession and in government." The author discusses the roles of self-regulation and ethical standards for ensuring integrity in the legal and governmental fields. "Public trust and confidence in lawyers and government officials alike require that members of each group strive to maintain the highest ethical standards. This issue of the Urban Law Journal contributes to our thinking about the need for and problems of preserving both government and professional integrity."

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Reflections On Chairing The New York State Commission On Government Integrity, John D. Feerick Jan 1991

Reflections On Chairing The New York State Commission On Government Integrity, John D. Feerick

Fordham Urban Law Journal

"The New York State Commission on Government Integrity (Commission) was born from a sense of crisis. A series of corruption scandals in New York State, involving officials at all levels of government, produced widespread cynicism and distrust of government and created a perception that unethical, if not illegal, practices were rampant throughout the State. The scandals implicated borough presidents of New York City, political party chairmen, municipal officials, members of the State Legislature, judges and a host of other officials." Following the New York State Commission on Government Integrity's final report to Governor Mario Cuomo in September 1990, Chairman John …

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Restoring The Public Trust: A Blueprint For Government Integrity, New York State Commission On Government Integrity Jan 1991

Restoring The Public Trust: A Blueprint For Government Integrity, New York State Commission On Government Integrity

Fordham Urban Law Journal

September 1990 report of the New York State Commission on Government Integrity calling for "sweeping reforms to our laws to safeguard the public sector from the pressures brought to bear by private sector special interests and to reduce the temptation of officials to abuse their trust." In this "blueprint," the Commission identified several aspects of state government requiring legal and ethical reform, including: - campaign finance contribution limits, disclosure requirements, the public funding option, and ineffective enforcement by the State Board of Elections; - political influence in the judicial selection process; - limitations of the Ethics in Government Act; - …

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The Long Process Of Change: The 1990 Amendments To The New York Code Of Professional Responsibility, Marjorie E. Gross Jan 1991

The Long Process Of Change: The 1990 Amendments To The New York Code Of Professional Responsibility, Marjorie E. Gross

Fordham Urban Law Journal

“The purposes of this Article are to describe the significant changes to the 1970 (New York) Code (of Professional Responsibility) and to give a firsthand account of the amendment process. Part I explains the process by which the Appellate Divisions adopt Disciplinary Rules promulgated by the New York State Bar Association. Part II discusses the specific amendments to the 1970 Code which became effective September 1, 1990. Part III summarizes the overall results of the amendments to the Code. “The principal changes reflected in the 1990 Code include: making a lawyer subject to discipline for unlawfully discriminating in the practice …

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Right To Counsel Jan 1991

Right To Counsel

Touro Law Review

No abstract provided.

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Giving The Gift Of Life: A Survey Of Texas Law Facilitating Organ Donation., Eric C. Sutton Jan 1991

Giving The Gift Of Life: A Survey Of Texas Law Facilitating Organ Donation., Eric C. Sutton

St. Mary's Law Journal

Abstract Forthcoming.

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In Sharp Contrast To The Past: The Demise Of The Per Se Rule Against Vertical Price Fixing., Christopher J. Pettit Jan 1991

In Sharp Contrast To The Past: The Demise Of The Per Se Rule Against Vertical Price Fixing., Christopher J. Pettit

St. Mary's Law Journal

Actions by the Department of Justice and the Supreme Court lessening vertical pricing protections under the Sherman Antitrust Act require Congressional intervention. By enacting the Sherman Antitrust Act, Congress intended agreements fixing vertical prices or having the ultimate effect of fixing vertical prices at any level be illegal per se. Vertical pricing agreements set, maintain, stabilize, raise, or depress prices of goods or services among the different levels of the product distribution chain. The Department of Justice (DOJ) has taken positive steps in limiting the per se rule of illegality by failing to pursue allegations of vertical price fixing and …

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Television Advertising: Professionalism's Dilemma., Laura R. Champion, William M. Champion Jan 1991

Television Advertising: Professionalism's Dilemma., Laura R. Champion, William M. Champion

St. Mary's Law Journal

Lawyers are concerned about tactics and antics of advertising attorneys because of possible harm to the reputation of the legal profession due to tasteless, crass ads circulated among the non-legal public. This controversial issue of what is good taste includes the question of how far ads can go before crossing the line of prohibited solicitation. Lawyers advertise through direct mail, television, radio, telephone yellow pages, billboards, newspapers, and magazines. This Article traces the background of legal advertising, focusing on the particular issue of television ads. Some courts purposefully avoid this aspect of legal communication with the public and leave many …

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Toward Freer Trade And More Commerce Between The United States And Mexico., Barbara Bader Aldave Jan 1991

Toward Freer Trade And More Commerce Between The United States And Mexico., Barbara Bader Aldave

St. Mary's Law Journal

Abstract Forthcoming.

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Journal Wars., Michael Vitiello Jan 1991

Journal Wars., Michael Vitiello

St. Mary's Law Journal

Abstract Forthcoming.

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Judge Jack B. Miller In Memoriams., L. Wayne Scott Jan 1991

Judge Jack B. Miller In Memoriams., L. Wayne Scott

St. Mary's Law Journal

Abstract Forthcoming.

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Ethics And Due Diligence: A Lawyer's Perspective On Doing Business With Mexico., Rona R. Mears Jan 1991

Ethics And Due Diligence: A Lawyer's Perspective On Doing Business With Mexico., Rona R. Mears

St. Mary's Law Journal

The focus of this study is to survey ethical issues faced by legal practitioners in providing legal counsel for international business transactions, with special attention to lawyers counseling clients who are doing business with Mexico. This paper is intended for lawyers who practice in the United States (U.S.), involved in counseling clients outside the U.S. The purpose of this study is to highlight only those issues that raise special difficulties for such a practitioner, and then to provide practical advice on how to avoid ethical problems in U.S.-Mexico transactions. The Model Rules of Professional Conduct (MPRC), the International Code of …

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Educational Choice Legislation After Edgewood V. Kirby: A Proposal For Clearing The Sectarian Hurdle., C. Lee Cusenbary Jr. Jan 1991

Educational Choice Legislation After Edgewood V. Kirby: A Proposal For Clearing The Sectarian Hurdle., C. Lee Cusenbary Jr.

St. Mary's Law Journal

States can reform the ineffective educational system by adopting a free educational choice system. A free educational choice system would reimburse parents of educational expenditures through a voucher or tax deduction and will give parents the freedom to select the school their child attends. While free choice may present a viable solution for educational reform, one major obstacle is the possibility free choice would violate the Establishment Clause of the First Amendment by providing aid to sectarian schools. A free educational choice legislation will be subject to review under the Lemon v. Kurtzman test to determine if the financial aid …

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Mexico's Maquiladora Program: Challenges And Prospects., Matilde K. Stephenson Jan 1991

Mexico's Maquiladora Program: Challenges And Prospects., Matilde K. Stephenson

St. Mary's Law Journal

A Maquila is usually a one-hundred percent foreign-owned assembly or manufacturing operation located in Mexico. They manufacture, process or assemble an array of products under Mexican law. Both the United States and Mexico receive a great deal of economic benefits from employing the maquiladora system, but it can also have some political and social consequences that make the system economically volatile. The viewpoints of both the U.S. and Mexican governments are considered, as well as the U.S. and Mexican industry, in evaluating the system’s overall effect on U.S.-Mexico relations. The general conclusion is that maquiladoras are extremely desirable for labor …

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