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Articles 16621 - 16650 of 18477

Full-Text Articles in Law

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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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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Recent Developments In Civil Rights Law (As Presented At The Common Cause 20th Anniversary Celebration At St. Mary's School Of Law On November 3, 1990) Address., Archibald Cox Jan 1991

Recent Developments In Civil Rights Law (As Presented At The Common Cause 20th Anniversary Celebration At St. Mary's School Of Law On November 3, 1990) Address., Archibald Cox

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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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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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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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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Entering The Thicket - Mandamus Review Of Texas District Court Witness Disclosure Orders., David W. Holman, Byron C. Keeling Jan 1991

Entering The Thicket - Mandamus Review Of Texas District Court Witness Disclosure Orders., David W. Holman, Byron C. Keeling

St. Mary's Law Journal

In the absence of statutory authorization of interlocutory appeal, the writ of mandamus usually is the sole convenient remedy for an egregious trial court decision prior to judgment. The increasing number of mandamus petitions which annually invade the Texas appellate courts reflects the importance of the writ of mandamus. While once described as the “extraordinary” remedy, it is not uncommon for proceedings in a trial court to cease while a party seeks mandamus review of a controversial discovery ruling. One type of discovery rule which has not escaped mandamus review is the admission or exclusion of the testimony of witnesses …

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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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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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Nude Dancing Conveying A Message Or Eroticism And Sexuality Is Protected By The First Amendment But Can Be Limited Under State Police Powers Provided The Government Establishes A Substantial, Content-Neutral Purpose., Fred S. Wilson Jan 1991

Nude Dancing Conveying A Message Or Eroticism And Sexuality Is Protected By The First Amendment But Can Be Limited Under State Police Powers Provided The Government Establishes A Substantial, Content-Neutral Purpose., Fred S. Wilson

St. Mary's Law Journal

In Barnes v. Glen Theatre, Inc., the Supreme Court held the First Amendment protects nude dancing as conveying an expressive message, but state police powers may limit protection if the government establishes a substantial, content-neutral purpose. It is a principal of constitutional law where an actor intends to convey a message by expressive conduct, the First Amendment protection extends to that expression. Traditionally, time, place, and manner regulations restricting expressive conduct based on either the subject-matter of the message or the viewpoint of the actor receive content-based classification. However, content-based regulation of expressive conduct is constitutional only when narrowly drawn …

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Environmental Policy In The European Community: Observations On The European Environment Agency, David A. Westbrook Jan 1991

Environmental Policy In The European Community: Observations On The European Environment Agency, David A. Westbrook

Journal Articles

No abstract provided.

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The Legislative Process In The Virginia General Assembly: Ten Case Studies Of Environmental Legislation Proposed By Hampton Roads Cities, Betty Jean Meyer Jan 1991

The Legislative Process In The Virginia General Assembly: Ten Case Studies Of Environmental Legislation Proposed By Hampton Roads Cities, Betty Jean Meyer

Theses and Dissertations in Urban Services - Urban Management

This study addresses the following two questions: (1) How does the Virginia General Assembly process bills which are proposed by local governments in Virginia? and (2) Are there identifiable factors in this legislative process which could be impacted by local governments to influence legislative outcomes? These questions are addressed by focusing on ten case studies of environmental issues contained in legislative proposals of six cities in Hampton Roads Virginia for the 1987, 1988, and 1989 sessions of the General Assembly. The case data were compiled from records of the General Assembly, media accounts, and interviews with 19 legislators and other …

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Transnational Alignment Of Nongovernmental Organizations For Global Environmental Action, Maria Garner Jan 1991

Transnational Alignment Of Nongovernmental Organizations For Global Environmental Action, Maria Garner

Vanderbilt Journal of Transnational Law

This Note proposes an alternative to the current international legal system for addressing the worldwide environmental crisis. The author describes the conditions of the environment and argues that the current legal system is incapable of responding to the already severe global environmental crisis. The author suggests that a network of environmental nongovernmental organizations (NGOs) can obtain results that are currently beyond the capabilities of either individual states or traditional international organizations. The main function of this type of network would be to collect and disseminate information to facilitate environmental action. The author also proposes a specific construction for an environmental …

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Green Law-Making: A Primer On The European Community's Environmental Legislative Process, Michael S. Feeley, Peter M. Gilhuly Jan 1991

Green Law-Making: A Primer On The European Community's Environmental Legislative Process, Michael S. Feeley, Peter M. Gilhuly

Vanderbilt Journal of Transnational Law

The birth of the European Common Market marks a new era of multistate environmental regulation that will radically affect commercial activity. This Article examines the European Community's (EC) background, institutions, and legislative process to elucidate how this environmental regime is developing. Following a brief introduction, Part II sets forth the EC's background, presenting its history and the general framework in which its law applies. Part III describes the EC's major institutions. Part IV discusses forms of EC legislation, with an emphasis on the use of directives. Part V considers legislative processes by which the EC enacts laws, including the new …

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The Application Of The National Environmental Policy Act To "Development" In Indian Country, Dean B. Suagee Jan 1991

The Application Of The National Environmental Policy Act To "Development" In Indian Country, Dean B. Suagee

American Indian Law Review

No abstract provided.

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O'Connor: A Dual Role - An Introduction, Stephen Wermiel Jan 1991

O'Connor: A Dual Role - An Introduction, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Cleaning Up Krakow: Poland's Ecological Crisis And The Political Economy Of International Environmental Assistance, Daniel H. Cole Jan 1991

Cleaning Up Krakow: Poland's Ecological Crisis And The Political Economy Of International Environmental Assistance, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

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The Duty To Respect Generally Accepted International Standards, Bernard H. Oxman Jan 1991

The Duty To Respect Generally Accepted International Standards, Bernard H. Oxman

Articles

No abstract provided.

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Environmental Warfare [Comment], Bernard H. Oxman Jan 1991

Environmental Warfare [Comment], Bernard H. Oxman

Articles

No abstract provided.

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The Tragedy Of Distrust In The Implementation Of Federal Environmental Law, Richard J. Lazarus Jan 1991

The Tragedy Of Distrust In The Implementation Of Federal Environmental Law, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

The need to reduce dramatically the strain we place on the natural environment is simultaneously immediate and long-term. Our domestic laws reflect that understanding and express a symbolic commitment to that goal. Those laws have achieved, moreover, significant improvement in discrete areas and, in some others, have managed to resist further environmental degradation in the face of a growing economy. For that reason, they warrant great praise. The past twenty years nevertheless reveal that those same laws decline to undertake the concomitant modification of our governmental institutions, and the way we think about them, which is necessary for a fuller …

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Protecting The Environment: Creating A Citizen Standing-To-Sue Statute In Virginia, W. Scott Magargee Jan 1991

Protecting The Environment: Creating A Citizen Standing-To-Sue Statute In Virginia, W. Scott Magargee

University of Richmond Law Review

Recognizing that private citizens have generally been unable to obtain judicial review of state agency decisions affecting the environment, the General Assembly of Virginia recently resolved to study whether "the citizens of the Commonwealth are provided with adequate remedies for the protection of environmental interests. . ." Specifically, the General Assembly requested that the Institute of Environmental Negotiation at the University of Virginia form a committee to examine the problem and deliver its findings and recommendations during the Assembly's 1992 Session.

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Federal Wetlands Regulatory Policy: Up To Its Ears In Alligators, Hope M. Babcock Jan 1991

Federal Wetlands Regulatory Policy: Up To Its Ears In Alligators, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

Protecting the nation's dwindling wetland resources under section 404 of the Clean Water Act has been a persistent and discouraging proposition. Section 404 of the Act "lies like an open wound across the body of environmental law." Given the ecological and economic value of the resource, this seems puzzling--but only for a moment. An examination of the federal wetlands permitting program reveals significant problems. These problems, combined with ingrained attitudes about the sanctity of private property, lack of public appreciation of wetland values, and insufficient political will to protect them, make it easy to see why wetlands continue to disappear, …

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Providing Economic Incentives In Environmental Regulation, Marshall J. Breger, Richard B. Stewart, E. Donald Elliott, David Hawkins Jan 1991

Providing Economic Incentives In Environmental Regulation, Marshall J. Breger, Richard B. Stewart, E. Donald Elliott, David Hawkins

Scholarly Articles

No abstract provided.

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The Coastal Zone Management Act And The Takings Clause In The 1990'S: Making The Case For Federal Land Use To Preserve Coastal Areas, Linda A. Malone Jan 1991

The Coastal Zone Management Act And The Takings Clause In The 1990'S: Making The Case For Federal Land Use To Preserve Coastal Areas, Linda A. Malone

Faculty Publications

No abstract provided.

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Troubled Waters: A Reaction To The Eleventh Circuit's Pollution Of Cercla's Safe Harbor For Lenders, Robert E. Wier Jan 1991

Troubled Waters: A Reaction To The Eleventh Circuit's Pollution Of Cercla's Safe Harbor For Lenders, Robert E. Wier

Kentucky Law Journal

No abstract provided.

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Environmental Law (Symposium: The Supreme Court And Local Government Law: The 1989-90 Term), Leon D. Lazer Jan 1991

Environmental Law (Symposium: The Supreme Court And Local Government Law: The 1989-90 Term), Leon D. Lazer

Scholarly Works

No abstract provided.

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Generational Change In Environmental Law, Natural Resources Journal Jan 1991

Generational Change In Environmental Law, Natural Resources Journal

Natural Resources Journal

No abstract provided.

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An Adequate Eis Under Nepa: Deference To Ceq; Merely Conceptual Listing Of Mitigation Leads Us To A Merely Conceptual National Environmental Policy, Jennifer R. Bartlit Jan 1991

An Adequate Eis Under Nepa: Deference To Ceq; Merely Conceptual Listing Of Mitigation Leads Us To A Merely Conceptual National Environmental Policy, Jennifer R. Bartlit

Natural Resources Journal

No abstract provided.

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Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter Jan 1991

Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter

Natural Resources Journal

No abstract provided.

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