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Articles 16561 - 16590 of 18477

Full-Text Articles in Law

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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Preserving Error On Appeal In Texas Civil Cases: A Practical Guide For Civil Appeals In Texas Article Foreword., John Cornyn Iii Jan 1991

Preserving Error On Appeal In Texas Civil Cases: A Practical Guide For Civil Appeals In Texas Article Foreword., John Cornyn Iii

St. Mary's Law Journal

Abstract Forthcoming.

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Preserving Error On Appeal In Texas Civil Cases: A Practical Guide For Civil Appeals In Texas., John Hill Cayce Jr. Jan 1991

Preserving Error On Appeal In Texas Civil Cases: A Practical Guide For Civil Appeals In Texas., John Hill Cayce Jr.

St. Mary's Law Journal

Fatal procedural errors can prevent appellees from preserving judgements and appellants from seeking review of court decisions on appeal. This article is a practical guide identifying critical concepts necessary to preserve the various rights of appeal. By examining the Texas Rules of Appellate Procedure, the author identifies procedural pitfalls attorneys may face when attempting to preserve appeals to the Texas Supreme Court or the appellate courts of Texas. Although the Texas Supreme Court has endeavored to eliminate procedural traps from civil appeals, a significant number of requests for appeal fail because lawyers do not follow the requirements necessary to preserve …

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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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Texas Fetal Rights: Is There A Future For The Rights Of Future Texans., S. Jeffrey Gately Jan 1991

Texas Fetal Rights: Is There A Future For The Rights Of Future Texans., S. Jeffrey Gately

St. Mary's Law Journal

In Texas, contrary interpretations, whether a fetus is a person or non-person, create unpredictable and irreconcilable outcomes. The author contrasts the differences found in Texas law regarding the rights of unborn children in the areas of property, family, criminal, and tort law. At conception, a fetus enjoys property rights. However, under the auspices of family law, a mother may not collect child support until birth but may seek contribution for prenatal care prior to birth. Criminal protection of a fetus is unavailable in Texas unless the fetus is born alive. If criminal activity results in still birth or fetal destruction, …

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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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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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The Monkey's Paw: Regulating The Deliberate Environmental Release Of Genetically Engineered Organisms, Robert Saperstein Jan 1991

The Monkey's Paw: Regulating The Deliberate Environmental Release Of Genetically Engineered Organisms, Robert Saperstein

Washington Law Review

The deliberate release of genetically engineered organisms poses uncertain but potentially grave risks to the environment. The governing federal and state environmental regulations are inefficient and do not protect environmental integrity. This Comment examines the deliberate release of genetically engineered organisms in the context of federal and state environmental laws. It concludes that the current regulatory schemes are inadequate and proposes changes to meet the goals of effective environmental regulation.

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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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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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Pyrrhic Victories And Glorious Defeats: Why Defendants Are Winning And Plaintiffs Are Losing The Struggle Over Actual Malice And Fictionalized Quotations., Richard A. Gonzales Jan 1991

Pyrrhic Victories And Glorious Defeats: Why Defendants Are Winning And Plaintiffs Are Losing The Struggle Over Actual Malice And Fictionalized Quotations., Richard A. Gonzales

St. Mary's Law Journal

This article reviews Masson v. New Yorker Magazine, a case of fabricated quotations. The article looks first at the legal background and Supreme Court's development of the actual malice standard. An analysis of the problem through journalistic ethics and investigation of the difficulties confronting libel plaintiffs will follow. Finally, the comment explores the misquotation problem from both a legal and a journalistic perspective.

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Oil In The Persian Gulf War: Legal Appraisal Of An Environmental Warfare., Margaret T. Okorodudu-Fubara Jan 1991

Oil In The Persian Gulf War: Legal Appraisal Of An Environmental Warfare., Margaret T. Okorodudu-Fubara

St. Mary's Law Journal

Oil, modern history’s most “powerful” natural economic resource stood at the epicenter of the Iraqi invasion of Kuwait and became the latest unconventional weapon of warfare. The objective of this Article is to assess the legal implications of this recent environmental warfare involving the “oil weapon,” the first of its kind in recorded history. The experiences from national and international wars demonstrate one sure victim of wars, even barring human losses, is the environment. The delicacy of mankind’s planetary ecosystem necessitates urgency addressed to protecting the environment in the international struggle for arms control and disarmament agreement. This Article indicates …

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A Trial Court's Refusal To Question Prospective Jurors About The Specific Contents Of Pretrial Publicity Which They Had Read Or Heard Did Not Violate A Defendant's Sixth Amendment Right To An Impartial Jury, Or Fourteenth Amendment Right To Due Process., Karen A. Cusenbary Jan 1991

A Trial Court's Refusal To Question Prospective Jurors About The Specific Contents Of Pretrial Publicity Which They Had Read Or Heard Did Not Violate A Defendant's Sixth Amendment Right To An Impartial Jury, Or Fourteenth Amendment Right To Due Process., Karen A. Cusenbary

St. Mary's Law Journal

In Mu'Min v. Virginia, the United States Supreme Court held a defendant has no right to ask jurors about the potential influence of prejudicial pretrial publicity. A defendant may ask only if the jurors can remain impartial. The Court mandates that overturning a trial court’s jury selection is allowable only if manifest error renders the trial fundamentally unfair. The Court did not find that the case involved sufficient public passion to necessitate a more extensive jury examination by the trial court to include inquiries involving the effect of pretrial publicity. The ruling in Mu'Min leaves too much discretion to the …

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Global Warming And Property Interests: Preserving Coastal Wetlands As Sea Levels Rise, Robert L. Fischman Jan 1991

Global Warming And Property Interests: Preserving Coastal Wetlands As Sea Levels Rise, Robert L. Fischman

Articles by Maurer Faculty

No abstract provided.

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A Clean Air Alternative: Balancing Correction And Accommodation, Clyde O. Martz Jan 1991

A Clean Air Alternative: Balancing Correction And Accommodation, Clyde O. Martz

Colorado Environmental Law Journal

No abstract provided.

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Front Matter, Colorado Journal Of International Environmental Law And Policy Jan 1991

Front Matter, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.

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Table Of Contents, Colorado Journal Of International Environmental Law And Policy Jan 1991

Table Of Contents, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.

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Global Warming: National And International Policy Directions, Martha Mcelveen Ezzard Jan 1991

Global Warming: National And International Policy Directions, Martha Mcelveen Ezzard

Colorado Environmental Law Journal

No abstract provided.

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Scenarios Of Socioeconomic Development For Studies Of Global Environmental Change: A Critical Review By F. Toth, E. Hiznyik & W. Clark, Eds., Steven L. Rhodes Jan 1991

Scenarios Of Socioeconomic Development For Studies Of Global Environmental Change: A Critical Review By F. Toth, E. Hiznyik & W. Clark, Eds., Steven L. Rhodes

Colorado Environmental Law Journal

No abstract provided.

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Research Strategy And Sources For International Environmental Law, Ellen Ostheimer Creagar Jan 1991

Research Strategy And Sources For International Environmental Law, Ellen Ostheimer Creagar

Colorado Environmental Law Journal

No abstract provided.

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For The Common Good: Redirecting The Economy Toward Community, The Environment, And A Sustainable Future By Herman E. Daly & John B. Cobb, Jr., Don Roper Jan 1991

For The Common Good: Redirecting The Economy Toward Community, The Environment, And A Sustainable Future By Herman E. Daly & John B. Cobb, Jr., Don Roper

Colorado Environmental Law Journal

No abstract provided.

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Wasn't The Future Wonderful? Resources, Environment, And The Emerging Myth Of Global Sustainable Development, Ronnie D. Lipschutz Jan 1991

Wasn't The Future Wonderful? Resources, Environment, And The Emerging Myth Of Global Sustainable Development, Ronnie D. Lipschutz

Colorado Environmental Law Journal

No abstract provided.

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The 1987 Driftnet Act: A Step Toward Responsible Marine Resources Management, Juan Bautista Otero Jan 1991

The 1987 Driftnet Act: A Step Toward Responsible Marine Resources Management, Juan Bautista Otero

Colorado Environmental Law Journal

No abstract provided.

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Humanity And The Environment, Rene-Jean Dupuy Jan 1991

Humanity And The Environment, Rene-Jean Dupuy

Colorado Environmental Law Journal

No abstract provided.

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Table Of Contents, Colorado Journal Of International Environmental Law And Policy Jan 1991

Table Of Contents, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.

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United Nations Educational, Scientific And Cultural Organization, Bernd Von Droste Jan 1991

United Nations Educational, Scientific And Cultural Organization, Bernd Von Droste

Colorado Environmental Law Journal

No abstract provided.

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International Protection Of The Earth's Atmosphere, Colorado Journal Of International Environmental Law And Policy Jan 1991

International Protection Of The Earth's Atmosphere, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.

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International Environmental Implications Of The Persian Gulf War, Colorado Journal Of International Environmental Law And Policy Jan 1991

International Environmental Implications Of The Persian Gulf War, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.

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The Cousteau Society, Clark Lee Merriam Jan 1991

The Cousteau Society, Clark Lee Merriam

Colorado Environmental Law Journal

No abstract provided.

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International Law And Pollution By Daniel Barstow Magraw, Ed., David D. Caron Jan 1991

International Law And Pollution By Daniel Barstow Magraw, Ed., David D. Caron

Colorado Environmental Law Journal

No abstract provided.

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