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Articles 16741 - 16770 of 18477

Full-Text Articles in Law

In Memoriam. Jan 1990

In Memoriam.

St. Mary's Law Journal

Abstract Forthcoming.


Limitation Of Liability Of Limited Partners While Affording Control Of Partnership Affairs To Limited Partners., Kenneth L. Bennight Jr., Troy (Trey) S. Martin Iii Jan 1990

Limitation Of Liability Of Limited Partners While Affording Control Of Partnership Affairs To Limited Partners., Kenneth L. Bennight Jr., Troy (Trey) S. Martin Iii

St. Mary's Law Journal

This article examines the liability provisions of the Texas Revised Act Section 3.03 and compares it with other uniform limited partnership acts. It attempts to ascertain the amount of control a limited partner can exercise over the partnership without risking unlimited liability as a general partner. Limited partners invest capital and share in the profits of the business, but their liability is limited to the amount of capital they invest. If the limited partners exercise control over the business, however, the limited partners may forfeit their limited liability and become liable as general partners. In the last century, the law …


Forum Non Conveniens: A Case Management Tool For Comprehensive Environmental Insurance Coverage Actions, Peter J. Kalis, Thomas M. Reiter Jan 1990

Forum Non Conveniens: A Case Management Tool For Comprehensive Environmental Insurance Coverage Actions, Peter J. Kalis, Thomas M. Reiter

West Virginia Law Review

No abstract provided.


Prenatal V. Parental Rights: What A Difference An A Makes., Ali Gallagher Jan 1990

Prenatal V. Parental Rights: What A Difference An A Makes., Ali Gallagher

St. Mary's Law Journal

No abstract provided.


Lust - Deep In The Heart Of Texas: Federal Epa Regulations Affecting Underground Storage Tanks - The Texas Statutory And Regulatory Counterparts., Blaine D. Edwards Jan 1990

Lust - Deep In The Heart Of Texas: Federal Epa Regulations Affecting Underground Storage Tanks - The Texas Statutory And Regulatory Counterparts., Blaine D. Edwards

St. Mary's Law Journal

No abstract provided.


1989 Texas Dtpa Reform: Closing The Dtpa Loophole In The 1987 Tort Reform Laws And The Ongoing Quest For Fairer Dtpa Laws., John T. Montford, Will G. Barber, Robert L. Duncan Jan 1990

1989 Texas Dtpa Reform: Closing The Dtpa Loophole In The 1987 Tort Reform Laws And The Ongoing Quest For Fairer Dtpa Laws., John T. Montford, Will G. Barber, Robert L. Duncan

St. Mary's Law Journal

Abstract Forthcoming.


Dedication., James P. White Jan 1990

Dedication., James P. White

St. Mary's Law Journal

Abstract Forthcoming.


Dedication., Sam S. Crutchfield Jan 1990

Dedication., Sam S. Crutchfield

St. Mary's Law Journal

Abstract Forthcoming.


Commanding Respect: Criminal Sanctions For Environmental Crimes., Eva M. Fromm Jan 1990

Commanding Respect: Criminal Sanctions For Environmental Crimes., Eva M. Fromm

St. Mary's Law Journal

Abstract Forthcoming.


Standards Of Appellate Review In Civil Appeals., W. Wendell Hall Jan 1990

Standards Of Appellate Review In Civil Appeals., W. Wendell Hall

St. Mary's Law Journal

Abstract Forthcoming.


Punitive Damages For Breach Of Contract - A Principled Approach., Frank J. Cavico Jr. Jan 1990

Punitive Damages For Breach Of Contract - A Principled Approach., Frank J. Cavico Jr.

St. Mary's Law Journal

No abstract provided.


A Reasonable Belief That A Third Party Had Authority To Consent To A Search Is An Exception To The Warrant Requirement., S. Jeffrey Gately Jan 1990

A Reasonable Belief That A Third Party Had Authority To Consent To A Search Is An Exception To The Warrant Requirement., S. Jeffrey Gately

St. Mary's Law Journal

In Illinois v. Rodriguez, the Supreme Court granted certiorari to determine whether a warrantless search is valid when police rely on consent of a third party whom they reasonably believe had common authority over an area but does not. A reasonable belief that a third party had authority to consent to a search is an exception to the warrant requirement. The Fourth Amendment to the United States Constitution protects people and their possessions by prohibiting unreasonable searches by government authorities. Although this protection extends to any place where a person may claim a reasonable expectation of privacy, it especially protects …


Under The Boren Amendment, Health Care Providers Have An Enforceable Right, Actionable Under 42 U.S.C. 1983, To Challenge A State's Reimbursement Plan Under The Medicaid Act., C. Lee Cusenbary Jan 1990

Under The Boren Amendment, Health Care Providers Have An Enforceable Right, Actionable Under 42 U.S.C. 1983, To Challenge A State's Reimbursement Plan Under The Medicaid Act., C. Lee Cusenbary

St. Mary's Law Journal

No abstract provided.


Allowing A Child Abuse Victim To Testify Via One-Way Closed-Circuit Television Does Not Violate A Criminal Defendant's Sixth Amendment Confrontation Clause Right If The Trial Court Specifically Finds Such A Procedure Necessary To Protect The Child's Welfare., Lisa R. Miller Jan 1990

Allowing A Child Abuse Victim To Testify Via One-Way Closed-Circuit Television Does Not Violate A Criminal Defendant's Sixth Amendment Confrontation Clause Right If The Trial Court Specifically Finds Such A Procedure Necessary To Protect The Child's Welfare., Lisa R. Miller

St. Mary's Law Journal

In Maryland v. Craig, the Supreme Court held allowing child abuse victims to testify via one-way closed-circuit television does not violate a criminal defendant’s Sixth Amendment Confrontation Clause right if the trial court finds the procedure necessary to protect the child’s welfare. Although “confront” has generally been interpreted to mean “face-to-face,” on occasion, it may yield to public policy considerations and the compelling necessities of particular cases. The original purpose of the confrontation right was to prevent the accusers in a criminal proceeding from using ex parte affidavits or depositions against a defendant, in lieu of personal testimony. The Craig …


Exxon Collides With The "Valdez Principles", Jayne W. Barnard Jan 1990

Exxon Collides With The "Valdez Principles", Jayne W. Barnard

Faculty Publications

No abstract provided.


Penalties In Settlements Of Citizen Suit Enforcement Actions Under The Clean Water Act, Marcia R. Gelpe Jan 1990

Penalties In Settlements Of Citizen Suit Enforcement Actions Under The Clean Water Act, Marcia R. Gelpe

Faculty Scholarship

This article critiques the feminist view Ute Gerhard offers in “Debating Women's Equality: Toward a Feminist Theory of Law from a European Perspective”. Throughout Debating Women's Equality, Gerhard appears to have three ambitious objectives in mind: (1) to decry the paucity of research into women's legal history while beginning to do the needed work, focusing primarily on Germany but also broadly exploring European trends, (2) to demonstrate that German/European women's legal history ultimately vindicates reliance on “equal rights” as a political strategy for women, and (3) to develop an understanding of legal equality that can serve as a meaningful tool …


Soft Law And The International Law Of The Environment, Pierre-Marie Dupuy Jan 1990

Soft Law And The International Law Of The Environment, Pierre-Marie Dupuy

Michigan Journal of International Law

Because the existing body of international environmental law has, in part, emerged on the basis of "soft" norms, it provides a good field for observing the general sociological and juridical phenomenon termed "soft" law. The 1972 Stockholm Declaration adopted by the UN Conference on the Human Environment, for example, constitutes the normative program for the world community 'in this field. Although, from a formal point of view, the Declaration is only a nonbinding resolution, many of its "principles," particularly Principle 21, have been relied upon by governments to justify their legal rights and duties. The subsequent State practice has been, …


Pitfalls Of Public Policy: The Case Of Arbitration Agreements., Jeffrey W. Stempel Jan 1990

Pitfalls Of Public Policy: The Case Of Arbitration Agreements., Jeffrey W. Stempel

St. Mary's Law Journal

No abstract provided.


Protecting The Fetus From Maternal Drug And Alcohol Abuse: A Proposal For Texas., Tom Rickhoff, Curtis L. Cukjati Jan 1990

Protecting The Fetus From Maternal Drug And Alcohol Abuse: A Proposal For Texas., Tom Rickhoff, Curtis L. Cukjati

St. Mary's Law Journal

No abstract provided.


You Should See Your Irs File: Access To Irs Information - What Are A Taxpayer's Rights., Richard J. Wood Jan 1990

You Should See Your Irs File: Access To Irs Information - What Are A Taxpayer's Rights., Richard J. Wood

St. Mary's Law Journal

No abstract provided.


Estate Planning For The Non-Taxable Estate., Mcken V. Carrington Jan 1990

Estate Planning For The Non-Taxable Estate., Mcken V. Carrington

St. Mary's Law Journal

No abstract provided.


Government Regulations Authorizing M.Andatory Alcohol And Drug Testing Of Private Railroad Employees On Less Than Individualized Suspicion To Enhance Safety Are Constitutional, Keith Dorsett Jan 1990

Government Regulations Authorizing M.Andatory Alcohol And Drug Testing Of Private Railroad Employees On Less Than Individualized Suspicion To Enhance Safety Are Constitutional, Keith Dorsett

St. Mary's Law Journal

No abstract provided.


42 U.S.C. 1981 Does Not Provide A Remedy For Racial Harassment During Employment., Jeffrey A. Lacy Jan 1990

42 U.S.C. 1981 Does Not Provide A Remedy For Racial Harassment During Employment., Jeffrey A. Lacy

St. Mary's Law Journal

In Patterson v. McLean Credit Union, the United States Supreme Court held 42 U.S.C. § 1981 does not provide a remedy for racial harassment during employment. In 1976, in Runyon v. McCrary, the Court expanded the scope of § 1981 to cover private discrimination in contractual settings, including racial discrimination in private schools, when previously unavailable. More than a decade after the Runyon decision, the Supreme Court in Patterson, established that there were limits to § 1981’s applicability in private racial discrimination claims. Specifically, the Court held while § 1981 prohibits discriminatory conduct while entering into or enforcing a contract, …


Dtpa In The Courts: Two Empirical Studies And A Proposal For Change., Nancy Friedman Atlas, Scott J. Atlas, Raymond T. Nimmer Jan 1990

Dtpa In The Courts: Two Empirical Studies And A Proposal For Change., Nancy Friedman Atlas, Scott J. Atlas, Raymond T. Nimmer

St. Mary's Law Journal

Abstract Forthcoming.


Recognizing An Implied Warranty That Professional Services Will Be Performed In A Good And Workmanlike Manner., Mark L. Kincaid Jan 1990

Recognizing An Implied Warranty That Professional Services Will Be Performed In A Good And Workmanlike Manner., Mark L. Kincaid

St. Mary's Law Journal

Although the Court received a deluge of amicus curiae briefs after its initial ruling in Melody Home ushering the Court to reevaluate the consequences of its decision, there is no sound basis for excluding professional services from the implied warranty recognized by the Texas Supreme Court that services will be performed in a good and workmanlike manner. The issue of what is properly considered a “professional” service or what definition is to be applied to distinguish “non-professional” and “professional” services if the latter were to be excluded from the implied warranty. Instead of differentiating between “non-professional” and “professional” services in …


Personal Injury Actions Under The Dtpa., Paul N. Gold, George (Tex) Quesada Jan 1990

Personal Injury Actions Under The Dtpa., Paul N. Gold, George (Tex) Quesada

St. Mary's Law Journal

Abstract Forthcoming.


Texas Disciplinary Rules Of Professional Conduct: Additional Liability For Texas Lawyers., Xavier G. Medina, Virginia Coyle Jan 1990

Texas Disciplinary Rules Of Professional Conduct: Additional Liability For Texas Lawyers., Xavier G. Medina, Virginia Coyle

St. Mary's Law Journal

As a result of the enactment of the Texas Disciplinary Rules of Professional Conduct (“Rules”), Texas lawyer no longer practice under guidelines which include aspirational goals and discretionary moral choices. The Rules are mandatory in nature and depict a minimum standard of professional conduct which, if violated, could subject the offending lawyer to disciplinary action. Although the Rules provide a disclaimer stating that they “do not undertake to define standards of civil liability of lawyers for professional conduct,” Texas lawyers fear the Rules will be utilized as an independent basis for liability, or a standard of care for malpractice. The …


Dedication., Ernest A. Raba Jan 1990

Dedication., Ernest A. Raba

St. Mary's Law Journal

Abstract Forthcoming.


Dedication., Orville C. Walker Jan 1990

Dedication., Orville C. Walker

St. Mary's Law Journal

Abstract Forthcoming.


Dedication., Jack Pope Jan 1990

Dedication., Jack Pope

St. Mary's Law Journal

Abstract Forthcoming.