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Articles 7741 - 7770 of 9285
Full-Text Articles in Law
A Tribute To Peter S. Popovich, James F. Hogg
A Tribute To Peter S. Popovich, James F. Hogg
Faculty Scholarship
A tribute to Peter S. Popovich, Chief Justice of the Minnesota Supreme Court 1989-1990 and William Mitchell College of Law alumni.
Authoritarianism And The Rule Of Law, Lynne Henderson
Authoritarianism And The Rule Of Law, Lynne Henderson
Scholarly Works
No abstract provided.
The Rehnquist Court, Statutory Interpretation, Inertial Burdens, And A Misleading Version Of Democracy, Jeffrey W. Stempel
The Rehnquist Court, Statutory Interpretation, Inertial Burdens, And A Misleading Version Of Democracy, Jeffrey W. Stempel
Scholarly Works
No one theory or school of thought consistently dominates judicial application of statutes, but the basic methodology employed by courts seems well-established if not always well-defined. Most mainstream judges and lawyers faced with a statutory construction task will look at (although with varying emphasis) the text of the statute, the legislative history of the provision, the context of the enactment, evident congressional purpose, and applicable agency interpretations, often employing the canons of construction for assistance. Although orthodox judicial thought suggests that the judge's role is confined to discerning textual meaning or directives of the enacting legislature, courts also often examine …
Reconsidering The Employment Contract Exclusion In Section 1 Of The Federal Arbitration Act: Correcting The Judiciary's Failure Of Statutory Vision, Jeffrey W. Stempel
Reconsidering The Employment Contract Exclusion In Section 1 Of The Federal Arbitration Act: Correcting The Judiciary's Failure Of Statutory Vision, Jeffrey W. Stempel
Scholarly Works
The Federal Arbitration Act (the Act), seeks to eliminate centuries of perceived judicial hostility toward arbitration agreements. The Act made written arbitration agreements involving interstate commerce specifically enforceable. It also provided a procedural structure for enforcing awards, which were protected through deferential judicial review. The Act intended to have a wide reach, employing a broad definition of commerce that has presumably grown in breadth along with the expansion of judicial notions of commerce. Although courts applied the Act in tentative and cautious fashion until the 1960's, arbitration gained momentum during the 1970's and the 1980's. Despite growing judicial enthusiasm for …
The Scope Of The Eighth Amendment Does Not Include A Per Se Bar To The Use Of Victim Impact Evidence In The Sentencing Phase Of A Capital Trial., Jimmie O. Clements Jr.
The Scope Of The Eighth Amendment Does Not Include A Per Se Bar To The Use Of Victim Impact Evidence In The Sentencing Phase Of A Capital Trial., Jimmie O. Clements Jr.
St. Mary's Law Journal
In Payne v. Tennessee, the United States Supreme Court held the scope of the Eighth Amendment does not include a per se bar to the use of victim impact evidence in the sentencing phase of a capital trial. As a result of Payne, the realm of information admissible during the sentencing phase of a capital trial now includes victim impact evidence. The use of victim impact evidence improperly diverts the sentencer’s attention away from the defendant’s moral blameworthiness to the victim’s character and reputation. Although advocates of victim’s rights may see this decision as a victory, the reasoning of the …
First-To-Invent: A Superior System For The United States., Ned L. Conley
First-To-Invent: A Superior System For The United States., Ned L. Conley
St. Mary's Law Journal
The United States uses the first-to-invent patent system, which is a time-honored system not worth abandoning in pursuit of harmonization. First-to-invent and first-to-file patent systems incentivize different approaches to obtaining a patent. However, a first-to-invent approach is, in part, what has allowed the United States to lead the world in innovation and it should not abandon this approach. The United States patent system is unique when compared to most other patent systems used by democratic, capitalistic, developed nations. A first-to-invent system provides incentive to invent, particularly to inventors who are less well financed. The incentive to innovate is in the …
Limitations On Medical Malpractice Damages Pursuant To The Medical Liability Act Are Constitutional In Wrongful Death Cases., Lynn B. Layne
Limitations On Medical Malpractice Damages Pursuant To The Medical Liability Act Are Constitutional In Wrongful Death Cases., Lynn B. Layne
St. Mary's Law Journal
Abstract Forthcoming.
Brock V. State: The Aids Virus As A Deadly Weapon, 24 J. Marshall L. Rev. 677 (1991), Timothy P. Martin
Brock V. State: The Aids Virus As A Deadly Weapon, 24 J. Marshall L. Rev. 677 (1991), Timothy P. Martin
UIC Law Review
No abstract provided.
Edmonson V. Leesville Concrete Co.: Will The Peremptory Challenge Survive Its Battle With The Equal Protection Clause, 25 J. Marshall L. Rev. 37 (1991), Steven M. Puiszis
Edmonson V. Leesville Concrete Co.: Will The Peremptory Challenge Survive Its Battle With The Equal Protection Clause, 25 J. Marshall L. Rev. 37 (1991), Steven M. Puiszis
UIC Law Review
No abstract provided.
After Mallard V. United States: The Federal Courts' Inherent Power To Appoint Representation For Indigent Civil Litigants, Laura B. Hardwicke
After Mallard V. United States: The Federal Courts' Inherent Power To Appoint Representation For Indigent Civil Litigants, Laura B. Hardwicke
Loyola University Chicago Law Journal
No abstract provided.
On Trial: Explorations, George Anastaplo
On Trial: Explorations, George Anastaplo
Loyola University Chicago Law Journal
No abstract provided.
Re-Examining Hearsay Under The Federal Rules: Some Method For The Madness, Paul S. Milich
Re-Examining Hearsay Under The Federal Rules: Some Method For The Madness, Paul S. Milich
Faculty Publications By Year
No abstract provided.
Social Infrastructure Needs Of The Maquiladora Industry: A Proposal For United States Corporate Contributions., Rodolfo Villalobos, Bruce B. Barshop
Social Infrastructure Needs Of The Maquiladora Industry: A Proposal For United States Corporate Contributions., Rodolfo Villalobos, Bruce B. Barshop
St. Mary's Law Journal
Abstract Forthcoming.
Why The United States Should Adopt The First-To-File System For Patents., Bernarr R. Pravel
Why The United States Should Adopt The First-To-File System For Patents., Bernarr R. Pravel
St. Mary's Law Journal
Abstract Forthcoming.
Alamo Lumber And Texas Usury Law: Playing With Fire In The Usury Forest., Terry W. Wright, W. Alan Wright, Scott G. Night
Alamo Lumber And Texas Usury Law: Playing With Fire In The Usury Forest., Terry W. Wright, W. Alan Wright, Scott G. Night
St. Mary's Law Journal
The effect of Alamo Lumber Co. v. Gold, and later cases interpreting third party assumption of debt as interest can be perilous to lenders. Lenders are in the business of offering loans to make money. Lenders achieve profit maximization by charging as much interest as possible in the market. Although economic and market factors are always considerations in a lender’s business, in Texas, lenders must also consider harsh usury laws that restrain the maximum amount of chargeable loan interest. Texas defines interest broadly. Statutes define interest as the receipt of compensation for the detention, forbearance or use of money. The …
Review Of Honorable Justice: The Life Of Oliver Wendell Holmes By Sheldon Novick., Michael S. Ariens
Review Of Honorable Justice: The Life Of Oliver Wendell Holmes By Sheldon Novick., Michael S. Ariens
St. Mary's Law Journal
Abstract Forthcoming.
"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers
"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers
Law Faculty Scholarly Articles
Possibly the most unsettling phenomenon in the Supreme Court's 1988 term was Justice White's decision to vote contrary to his own exhaustively stated reasoning in Pennsylvania v. Union Gas Co. His unexplained decision to vote against the result of his own analysis lends support to those who argue that law, or at least constitutional law, is fundamentally indeterminate. Proponents of the indeterminacy argument sometimes base their position on the allegedly inescapable inconsistency of decisions made by a multi-member court. There is an answer to the inconsistency argument, but it founders if justices sometimes vote, without explanation, on the basis of …
Testimony Of Ambassador Carla A. Hills, United States Trade Representative, Before The Subcommittee On Trade, Committee On Ways And Means, U.S. House Of Representatives, June 14, 1990., Editorial Board St. Mary's School Of Law
Testimony Of Ambassador Carla A. Hills, United States Trade Representative, Before The Subcommittee On Trade, Committee On Ways And Means, U.S. House Of Representatives, June 14, 1990., Editorial Board St. Mary's School Of Law
St. Mary's Law Journal
Abstract Forthcoming.
Ethics And Due Diligence: A Lawyer's Perspective On Doing Business With Mexico., Rona R. Mears
Ethics And Due Diligence: A Lawyer's Perspective On Doing Business With Mexico., Rona R. Mears
St. Mary's Law Journal
The focus of this study is to survey ethical issues faced by legal practitioners in providing legal counsel for international business transactions, with special attention to lawyers counseling clients who are doing business with Mexico. This paper is intended for lawyers who practice in the United States (U.S.), involved in counseling clients outside the U.S. The purpose of this study is to highlight only those issues that raise special difficulties for such a practitioner, and then to provide practical advice on how to avoid ethical problems in U.S.-Mexico transactions. The Model Rules of Professional Conduct (MPRC), the International Code of …
Salinastroika: Recent Developments In Technology Transfer Law In Mexico., Mark O'C. O'Brien, Carlos R.V. Muggenburg
Salinastroika: Recent Developments In Technology Transfer Law In Mexico., Mark O'C. O'Brien, Carlos R.V. Muggenburg
St. Mary's Law Journal
Abstract Forthcoming.
Binding Arbitration: A Preferred Alternative For Resolving Commercial Disputes Between Mexican And U.S. Businessmen., Hope H. Camp Jr.
Binding Arbitration: A Preferred Alternative For Resolving Commercial Disputes Between Mexican And U.S. Businessmen., Hope H. Camp Jr.
St. Mary's Law Journal
Abstract Forthcoming.
The Empire Strikes Back., E. Joshua Rosenkranz
The Empire Strikes Back., E. Joshua Rosenkranz
St. Mary's Law Journal
Abstract Forthcoming.
Giving The Gift Of Life: A Survey Of Texas Law Facilitating Organ Donation., Eric C. Sutton
Giving The Gift Of Life: A Survey Of Texas Law Facilitating Organ Donation., Eric C. Sutton
St. Mary's Law Journal
Abstract Forthcoming.
In Sharp Contrast To The Past: The Demise Of The Per Se Rule Against Vertical Price Fixing., Christopher J. Pettit
In Sharp Contrast To The Past: The Demise Of The Per Se Rule Against Vertical Price Fixing., Christopher J. Pettit
St. Mary's Law Journal
Actions by the Department of Justice and the Supreme Court lessening vertical pricing protections under the Sherman Antitrust Act require Congressional intervention. By enacting the Sherman Antitrust Act, Congress intended agreements fixing vertical prices or having the ultimate effect of fixing vertical prices at any level be illegal per se. Vertical pricing agreements set, maintain, stabilize, raise, or depress prices of goods or services among the different levels of the product distribution chain. The Department of Justice (DOJ) has taken positive steps in limiting the per se rule of illegality by failing to pursue allegations of vertical price fixing and …
Erisa Preempts All Texas Causes Of Action That Relate To An Employee Benefit Plan Including The Insurance Code, The Deceptive Trade Practices Act And Common Law., Brent Biggs
St. Mary's Law Journal
Abstract Forthcoming.
Incurable, Reversible Error Occurs Whenever The Jury Feels Animus Toward Or Solidarity With Witnesses Or Litigants Because Of Ethnicity Or Race Due To An Attorney's Suggestions Made During Closing Argument, No Matter How Open Or Subtle And With Finesse Those Suggestions May Be., Glenn D. Levy
St. Mary's Law Journal
Abstract Forthcoming.
Introduction Of Thomas Buergenthal Address - Introduction., Barbara Bader Aldave
Introduction Of Thomas Buergenthal Address - Introduction., Barbara Bader Aldave
St. Mary's Law Journal
Abstract Forthcoming.
The Human Rights Revolution Address., Thomas Buergenthal
The Human Rights Revolution Address., Thomas Buergenthal
St. Mary's Law Journal
Abstract Forthcoming.
Preserving Error On Appeal In Texas Civil Cases: A Practical Guide For Civil Appeals In Texas Article Foreword., John Cornyn Iii
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.
Preserving Error On Appeal In Texas Civil Cases: A Practical Guide For Civil Appeals In Texas., John Hill Cayce Jr.
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 …