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2002

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International Bounty Hunter Ride-Along, Ryan M. Porcello Jan 2002

International Bounty Hunter Ride-Along, Ryan M. Porcello

Vanderbilt Journal of Transnational Law

This Note explores the international implications of a plan proposed by two bounty hunters in the Tacoma, Washington area to charge U.K. thrill seekers to accompany them on manhunts in the United States. Part H explains the differences in Colonial American society that resulted in the early development of a commercial bail bond system to replace the English personal surety system. Part III examines the contractual relationship between a bail bondsman and a defendant, as well as the agency relationship between a bail bondsman and a bounty hunter, to show why bounty hunters have such unbridled power to arrest fugitives. …


2002-2003 Course Catalog, University Of Montana--Missoula. Office Of The Registrar Jan 2002

2002-2003 Course Catalog, University Of Montana--Missoula. Office Of The Registrar

University of Montana Course Catalogs, 1895-2024

An annual catalog of courses and course descriptions offered at the University of Montana.


The Federal Commerce And Navigation Powers: Solid Waste Agency Of Northern Cook County's Undecided Constitutional Issue, Roderick E. Walston Jan 2002

The Federal Commerce And Navigation Powers: Solid Waste Agency Of Northern Cook County's Undecided Constitutional Issue, Roderick E. Walston

Santa Clara Law Review

No abstract provided.


The Use And Limits Of Syllogistic Reasoning In Briefing Cases, Wilson Huhn Jan 2002

The Use And Limits Of Syllogistic Reasoning In Briefing Cases, Wilson Huhn

Santa Clara Law Review

No abstract provided.


Remedying Trademark Infringement: The Role Of Bad Faith In Awarding An Accounting Of Defendant's Profits, Danielle Conway-Jones Jan 2002

Remedying Trademark Infringement: The Role Of Bad Faith In Awarding An Accounting Of Defendant's Profits, Danielle Conway-Jones

Santa Clara Law Review

No abstract provided.


Amici Curiae Urge The U.S. Supreme Court To Consider International Human Rights Law In Juvenile Death Penalty Case, Connie De Le Vega Jan 2002

Amici Curiae Urge The U.S. Supreme Court To Consider International Human Rights Law In Juvenile Death Penalty Case, Connie De Le Vega

Santa Clara Law Review

No abstract provided.


Employee Protection From Unjust Discharge: A Proposal For Judicial Reversal Of The Terminable-At-Will Doctrine, Edwin Robert Cottone Jan 2002

Employee Protection From Unjust Discharge: A Proposal For Judicial Reversal Of The Terminable-At-Will Doctrine, Edwin Robert Cottone

Santa Clara Law Review

No abstract provided.


How The Sat Creates Built-In-Headwinds: An Educational And Legal Analysis Of Disparate Impact, William C. Kidder, Jay Rosner Jan 2002

How The Sat Creates Built-In-Headwinds: An Educational And Legal Analysis Of Disparate Impact, William C. Kidder, Jay Rosner

Santa Clara Law Review

No abstract provided.


Book Review [The World Court In Action: Judging Among The Nations], Santa Clara Law Review Jan 2002

Book Review [The World Court In Action: Judging Among The Nations], Santa Clara Law Review

Santa Clara Law Review

No abstract provided.


Appeals From Pleas Of Guilty And Nolo Contendere: History And Procedural Considerations., Kevin Yeary Jan 2002

Appeals From Pleas Of Guilty And Nolo Contendere: History And Procedural Considerations., Kevin Yeary

St. Mary's Law Journal

The changing history of appeal rights—made through decisional interpretation by the Texas Court of Criminal Appeals—highlights the importance of staying current on interpretations of procedural and substantive rules. Lawyers owe their clients a duty to understand the history of the right to appeal from a conviction following a guilty plea. Additionally, they owe their clients a duty to understand substantive and procedural requirements for maintaining such appeals, as well as to stay abreast of changes affecting these appeals. Recently, the Texas Court of Criminal Appeals handed down several opinions drastically reshaping the landscape for appeals following pleas of guilty and …


An Essay On The Tort Of Negligent Infliction Of Emotion Distress In Texas: Stop Saying It Does Not Exist., Charles E. Cantu Jan 2002

An Essay On The Tort Of Negligent Infliction Of Emotion Distress In Texas: Stop Saying It Does Not Exist., Charles E. Cantu

St. Mary's Law Journal

The injury of emotional distress is an interesting tort, which has long perplexed the Anglo-American system of jurisprudence. While, originally, allegations of this kind did not constitute a cause of action, today, there is no question that an injured plaintiff may recover for the infliction of emotional distress. The majority and minority positions differ now only on what must be alleged and proved. Texas was the first jurisdiction in the United States to allow recovery for mental anguish. However, in 1993 in the case of Boyles v. Kerr, the Texas Supreme Court appeared to depart from the majority view when …


Ethics: Lawyering And Professionalism., Broadus A. Spivey Jan 2002

Ethics: Lawyering And Professionalism., Broadus A. Spivey

St. Mary's Law Journal

Because public perception is a major issue that confronts the legal community, Texas encourages lawyers to maintain a civil, professional, and courteous environment. The work of lawyers may be divided into three parts: first, a lawyer must consider several factors when communicating with a potential client; second, a lawyer must attend to the creation of the lawyer-client relationship; and third, a lawyer must effectively manage the lawyer-client relationship. The rules of ethical deportment for attorneys are contained in the Texas Disciplinary Rules of Professional Conduct, which specifically address barratry and similar offenses related to the improper solicitation of potential clients. …


Shoot Out At The Not-O.K. Corral Or Privileged Client Communications - Lost And Found In Texas., Walter W. Steele Jr. Jan 2002

Shoot Out At The Not-O.K. Corral Or Privileged Client Communications - Lost And Found In Texas., Walter W. Steele Jr.

St. Mary's Law Journal

Texas’s solutions to inadvertently disclosed privileged material are unworkable. Confidentiality of client information is a bedrock of the legal profession. Nonetheless, some confidential information invariably leaks out. The most common leak occurs when a lawyer inadvertently includes privileged material in boxes of documents produced in response to a legitimate discovery request. After the opposing lawyer finds the “hot documents” in the box, the problems begin. The Texas Supreme Court adopted what amounts to the reasonable precautions test in Granada Corp. v. First Court of Appeals. The cornerstone of the Granada holding is the involuntary nature of the production of the …


Proposed Conflict Of Interest And Confidentiality Rules., Luther H. Soules Iii Jan 2002

Proposed Conflict Of Interest And Confidentiality Rules., Luther H. Soules Iii

St. Mary's Law Journal

The Texas Supreme Court and the State Bar of Texas should fully adopt the proposals to the Rules of Professional Conduct 1.05–1.13 addressing attorney confidentiality and conflicts of interest. Historically, the Rules of Professional Conduct have set a floor which a lawyer may be subject to discipline, the Rules, however, do not offer bright lines for deciding questions of law, ethics, or fairness. Because the rules of professional responsibility in the legal industry are ambiguous in nature and often encumber a lawyer’s ability to effectively represent clients, the Texas Disciplinary Rules Committee recommends modification to the Rules of Professional Conduct …


Observation On The Evolution Of Minorities In The Law: From Law School To Practice, Charles E. Cantu Jan 2002

Observation On The Evolution Of Minorities In The Law: From Law School To Practice, Charles E. Cantu

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming


Federal And State Law Encroachment On Individual Rights, William Clark Harrel Jan 2002

Federal And State Law Encroachment On Individual Rights, William Clark Harrel

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming


Legal And Policy Implications For A New Era: The "War On Terror", Jeffrey F. Addicott Jan 2002

Legal And Policy Implications For A New Era: The "War On Terror", Jeffrey F. Addicott

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming


Why The Injection Of Race In Saldano V. State Constitutes Fundamental Error, Diana L. Hoermann Jan 2002

Why The Injection Of Race In Saldano V. State Constitutes Fundamental Error, Diana L. Hoermann

The Scholar: St. Mary's Law Review on Race and Social Justice

This article examines the historical use of a person’s race in the legal system, more specifically in criminal cases. Race should not determine the quality of justice an individual receives. An enlightened criminal justice system would not allow race to determine a person’s fate. However, the Texas criminal justice system allows the consideration of a person’s race in determining whether that person should receive the death penalty. In Victor Hugo Saldano v. The State of Texas, an unpublished opinion, the Texas Criminal Court of Appeals upheld the imposition of the death penalty where the jury heard an expert witness claim …


Human Rights Don't Stop At The Border: Why Texas Should Provide Preventative Health Care For Undocumented Immigrants, Alexander Vivero Neill Jan 2002

Human Rights Don't Stop At The Border: Why Texas Should Provide Preventative Health Care For Undocumented Immigrants, Alexander Vivero Neill

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming


Justice For Interests Of The Poor: The Problem Of Navigating The System Without Counsel, Deborah J. Cantrell Jan 2002

Justice For Interests Of The Poor: The Problem Of Navigating The System Without Counsel, Deborah J. Cantrell

Publications

No abstract provided.


The Discretionary Power Of "Public" Prosecutors In Historical Perspective, Carolyn B. Ramsey Jan 2002

The Discretionary Power Of "Public" Prosecutors In Historical Perspective, Carolyn B. Ramsey

Publications

Norms urging prosecutors to seek justice by playing a quasi-judicial role and striving for fairness to defendants are often assumed to have deep historical roots. Yet, in fact, such a conception of the prosecutor's role is relatively new. Based on archival research on the papers of the New York County District Attorney's Office, "The Discretionary Power of 'Public' Prosecutors in Historical Perspective" explores the meaning of the word "public" as it applied to prosecutors in the nineteenth century. This article shows that, in the early days of public prosecution, district attorneys were expected to maximize convictions and leave defendants' rights …


Keeping An Anchor Watch: Industry Partnership A Basis For Learning, Catherine E Mcloughlin, Joseph Luca Jan 2002

Keeping An Anchor Watch: Industry Partnership A Basis For Learning, Catherine E Mcloughlin, Joseph Luca

Research outputs pre 2011

During the 1990’s Australia has heard the call for graduates equipped with generic skills as a key theme in the development appropriate curriculum and pedagogy. In tertiary contexts, skills and knowledge are often decontextualised and transferable, and work-related skills are not accorded sufficient emphasis in teaching and assessment. The present study is an example of industry involvement on tertiary learning and assessment enhances the student experience and contextualises the curriculum. The context of the study is a project management unit at tertiary level that utilising online learning and self-directed learning pedagogies. The design of the environment is presented within a …


A Question Of Balance: Using Self And Peer Assessment Effectively In Teamwork, Joseph Luca, Catherine E Mcloughlin Jan 2002

A Question Of Balance: Using Self And Peer Assessment Effectively In Teamwork, Joseph Luca, Catherine E Mcloughlin

Research outputs pre 2011

There is a growing emphasis that students should develop professional skills in the course of their education. These include team skills, problem solving skills, decisionmaking skills, communication skills, information literacy skills, time management skills and many others. To develop such skills, tertiary learners have to engage in tasks that are likely to help students reflect on their own success in completing tasks, and that of their peers. In the literature on learning and self-regulation, self and peer assessment are important strategies used to help develop these skills as well as helping to promote skill transfer to the workplace. On-line learning …


Experiential Learning On-Line: The Role Of Asynchronous Communication Tools, Catherine E Mcloughlin, Joseph Luca Jan 2002

Experiential Learning On-Line: The Role Of Asynchronous Communication Tools, Catherine E Mcloughlin, Joseph Luca

Research outputs pre 2011

The needs of learners are changing rapidly and continually in response to an environment that is characterised by change at economic, political and technological levels. There is greater pressure on universities to work more closely with employers in contributing to the process of economic development through the creation of a skilled workforce. Universities are becoming increasingly flexible in their responses to meeting the lifelong learning agenda. Online experiential learning is an essential element in the move towards more situated and professional orientations and with the drive to providing students with real world working knowledge. Asynchronous communication tools and tasks are …


A Profile Of The Home-Based Business Sector Within The City Of Swan, Beth Walker Jan 2002

A Profile Of The Home-Based Business Sector Within The City Of Swan, Beth Walker

Research outputs pre 2011

Home-based businesses are the single biggest business cohort in Australia, accounting for 67% of all small businesses and 58% of all businesses [1]. Home-based businesses are not a new phenomenon but what is precipitating the current interest in this cohort is the duel factors of emerging new technologies and industrial restructuring. This is demonstrated on the one hand by technology making it easier to actually work from home, while at the same time job losses in traditional main-stream occupations are making self-employment more attractive. These and other reasons could account for home-based businesses being the fastest growing business sector with …


Annual Report, Financial Sector Adjustment Company (Jamaica: Finsac) Jan 2002

Annual Report, Financial Sector Adjustment Company (Jamaica: Finsac)

Documents

No abstract provided.


Chapter Eight: Are Schools Prepared To Support Excellence For Nonmainstream Children? Latino/A Voices As A Response, Miryam Espinosa-Dulanto Jan 2002

Chapter Eight: Are Schools Prepared To Support Excellence For Nonmainstream Children? Latino/A Voices As A Response, Miryam Espinosa-Dulanto

Bilingual and Literacy Studies Faculty Publications

No abstract provided.


Competition Law Parliament Of Latvia, Parliament Of Latvia Jan 2002

Competition Law Parliament Of Latvia, Parliament Of Latvia

Documents

No abstract provided.


Protocol On The Statute Of The European System Of Central Banks And Of The European Central Bank, European Central Bank (Ecb) Jan 2002

Protocol On The Statute Of The European System Of Central Banks And Of The European Central Bank, European Central Bank (Ecb)

Documents

No abstract provided.


(Old Version) Chapter 5: Comparison Of Other Regional Financial Arrangements With The Cmi, C. Randall Henning Jan 2002

(Old Version) Chapter 5: Comparison Of Other Regional Financial Arrangements With The Cmi, C. Randall Henning

Documents

No abstract provided.