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Articles 61 - 81 of 81

Full-Text Articles in State and Local Government Law

Hospital Liability May Be Based On Either Doctrine Of Ostensible Agency Or Doctrine Of Corporate Negligence., Gregory T. Perkes Jan 1986

Hospital Liability May Be Based On Either Doctrine Of Ostensible Agency Or Doctrine Of Corporate Negligence., Gregory T. Perkes

St. Mary's Law Journal

Abstract Forthcoming.


Introduction., Larry Soward Jan 1986

Introduction., Larry Soward

St. Mary's Law Journal

Abstract Forthcoming.


Take-Or-Pay Provisions: Major Problems For The Natural Gas Industry Comment., David L. Roland Jan 1986

Take-Or-Pay Provisions: Major Problems For The Natural Gas Industry Comment., David L. Roland

St. Mary's Law Journal

A prompt solution to the take-or-pay problem is vital to the survival of the natural gas industry. Due to the increasingly turbulent and unpredictable natural gas market, most natural gas producers include a take-or-pay provision in their gas purchase contracts. Take-or-pay provisions require a pipeline company to either take an amount of natural gas from the producer or the company must pay for the specified amount. The market, however, has changed and the demand for natural gas declined. The demand can be partly attributed to the energy crisis of a decade ago. As a result of the crisis, consumers are …


The Vestiges Of The Texas Employment At-Will Doctrine In The Wake Of Progressive Law: The Employment Handbook Exception Comment., Brian Kennington Lowry Jan 1986

The Vestiges Of The Texas Employment At-Will Doctrine In The Wake Of Progressive Law: The Employment Handbook Exception Comment., Brian Kennington Lowry

St. Mary's Law Journal

Under a traditional approach of the at-will rule, if an employer hires an employee for an indefinite term then the employer may terminate the employee at will. Modification of the at-will rule has gained widespread support throughout the country. A majority of states now follow the progressive view, which allows the employment manual to become part of the labor contract, thereby obligating employers to abide by manual provisions. The progressive view maintains that an employee’s continued service after an employer issues a manual, constitutes ample consideration to make the document binding. Once a court recognizes the existence of independent consideration, …


Public Utilities, Cathy Rider Culhane Jan 1986

Public Utilities, Cathy Rider Culhane

West Virginia Law Review

No abstract provided.


Foreword., Editorial Board St. Mary's Law Journal Jan 1986

Foreword., Editorial Board St. Mary's Law Journal

St. Mary's Law Journal

Abstract Forthcoming.


The Best Evidence Article Of The Texas Rules Of Evidence., Olin Guy Wellborn Iii Jan 1986

The Best Evidence Article Of The Texas Rules Of Evidence., Olin Guy Wellborn Iii

St. Mary's Law Journal

Abstract Forthcoming.


Discovery And Sanctions For Discovery Abuse., Joe K. Longley, Mark L. Kincaid Jan 1986

Discovery And Sanctions For Discovery Abuse., Joe K. Longley, Mark L. Kincaid

St. Mary's Law Journal

Abstract Forthcoming.


A Primer On Trademarks And Service Marks., Lawrence E. Evans Jr. Jan 1986

A Primer On Trademarks And Service Marks., Lawrence E. Evans Jr.

St. Mary's Law Journal

Abstract Forthcoming.


The Historical Background Of Texas Water Law - A Tribute To Jack Pope., Hans W. Baade Jan 1986

The Historical Background Of Texas Water Law - A Tribute To Jack Pope., Hans W. Baade

St. Mary's Law Journal

Abstract Forthcoming.


Court-Sponsored Custody Mediation To Prevent Parental Kidnapping: A Disarmament Proposal Comment., Sue T. Bentch Jan 1986

Court-Sponsored Custody Mediation To Prevent Parental Kidnapping: A Disarmament Proposal Comment., Sue T. Bentch

St. Mary's Law Journal

Texas should implement a court-sponsored custody mediation plan to prevent parental kidnapping. Each day, hundreds of parents kidnap their own children. These kidnapped children are often the innocent victims of an escalating custody battle between parents. The magnitude of the parental kidnapping problem has forced Congress and the legislatures of the various states to address its possible solution. Congress and state legislatures implemented the Uniform Child Custody Jurisdiction Act, the Parental Kidnapping Prevention Act of 1980, state criminal laws, civil laws, and tort suits to address the problem. Unfortunately, these remedies only address the problem after the abduction has occurred. …


An Employer's Intentional Failure To Maintain A Safe Work Place Is Not An Intentional Act Unless The Employer Is Substantially Certain That Such Conduct Would Cause The Injury., David S. Goldberg Jan 1986

An Employer's Intentional Failure To Maintain A Safe Work Place Is Not An Intentional Act Unless The Employer Is Substantially Certain That Such Conduct Would Cause The Injury., David S. Goldberg

St. Mary's Law Journal

Abstract Forthcoming.


Cancellation Of Water Rights In Texas: Use It Or Lose It., R. Lambeth Townsend Jan 1986

Cancellation Of Water Rights In Texas: Use It Or Lose It., R. Lambeth Townsend

St. Mary's Law Journal

It is the constitutional duty of the State of Texas to conserve and develop the state’s water resources. Texas effectuates water conservation and utilization through its system of granting and administering rights for the beneficial use of the state’s water. The Supreme Court of Texas concluded the state can further conserve water by cancelling appropriations not beneficially used to the limit provided in the permit, certified filing, or certificate of adjudication. Cancellation of unused water rights enables the Water Commission to make water available for beneficial use by others. Only by the beneficial use of water can the state obtain …


United States V. Pend Oreille County P.U.D. No. 1: A Signal Conflict Between Equal Footing And Aboriginal Indian Title, Daniel H. Cole Jan 1986

United States V. Pend Oreille County P.U.D. No. 1: A Signal Conflict Between Equal Footing And Aboriginal Indian Title, Daniel H. Cole

Articles by Maurer Faculty

A summary judgment decision is ordinarily not casenote material. But the denial of summary judgment in Pend Oreille proved a significant victory to tribal bedlands claimants averting aboriginal rights. The decision allows tribes to avoid the presumption of state ownership of lands beneath navigable rivers, established by the Supreme Court in Montana v. United States, without proving conveyance by the federal government. Most importantly the Pend Oreille summary judgment decision illustrates the substantial flaws of the Montana rule.


Trial Court Jurisdiction And Control Over Judgments., David Peeples Jan 1986

Trial Court Jurisdiction And Control Over Judgments., David Peeples

St. Mary's Law Journal

Abstract Forthcoming.


Thinking About Federal Jurisdiction - Of Serpents And Swallows., Thomas E. Baker Jan 1986

Thinking About Federal Jurisdiction - Of Serpents And Swallows., Thomas E. Baker

St. Mary's Law Journal

Abstract Forthcoming.


The Continuing Voids In Texas Groundwater Law: Are Concepts And Terminology To Blame., Corwin W. Johnson Jan 1986

The Continuing Voids In Texas Groundwater Law: Are Concepts And Terminology To Blame., Corwin W. Johnson

St. Mary's Law Journal

Abstract Forthcoming.


Ownership Of Developed Water: A Property Right Threatened., Frank R. Booth Jan 1986

Ownership Of Developed Water: A Property Right Threatened., Frank R. Booth

St. Mary's Law Journal

Abstract Forthcoming.


Racketeer Influenced And Corrupt Organizations Act (Rico) - Maintenance Of A Private Civil Rico Action Does Not Require A Showing That The Defendant Has Been Criminally Convicted Of The Predicate Acts Nor That The Plaintiff Has Sustained A Racketeering Injury Distinct From The Alleged Predicate Acts., Ruth E. Greenfield Jan 1986

Racketeer Influenced And Corrupt Organizations Act (Rico) - Maintenance Of A Private Civil Rico Action Does Not Require A Showing That The Defendant Has Been Criminally Convicted Of The Predicate Acts Nor That The Plaintiff Has Sustained A Racketeering Injury Distinct From The Alleged Predicate Acts., Ruth E. Greenfield

St. Mary's Law Journal

Abstract Forthcoming.


Environmental Significance Of Instream Flows., James W. Johnston Jan 1986

Environmental Significance Of Instream Flows., James W. Johnston

St. Mary's Law Journal

Abstract Forthcoming.


The Profession As A Moral Teacher Legal Essay., Thomas Shaffer Jan 1986

The Profession As A Moral Teacher Legal Essay., Thomas Shaffer

St. Mary's Law Journal

Abstract Forthcoming.