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Articles 8071 - 8100 of 9282
Full-Text Articles in Law
Authority And Value: Reflections On Raz's Morality Of Freedom, Donald H. Regan
Authority And Value: Reflections On Raz's Morality Of Freedom, Donald H. Regan
Articles
Joseph Raz's The Morality of Freedom1 is full of subtle, original, and thought provoking arguments. It also manifests abundantly Raz's philosophical good sense and sensitivity to the complexities of the moral life. These are reasons enough to class it with the handful of genuinely important books whose appearance in the last two decades has constituted a renaissance in political philosophy. But in my opinion, Raz has another, and even stronger claim on our attention: He comes closer to the truth about political morality than anyone has for nearly a century. (Possibly much longer, but we need not attempt to decide …
Are Constitutional Cases Political?, Brian Slattery
Are Constitutional Cases Political?, Brian Slattery
Articles & Book Chapters
To argue that constitutional adjudication is political does not carry us very far unless we go on to specify what the pursuit of politics entails, the goals it seeks to attain, and the basic principles informing its practice. The word political has no clearly defined meaning in modern usage. Rather, it has the chameleon-like capacity to change colours so as to blend with a variety of different conceptual backgrounds. Of course, if we adopt an Aristotelian notion of politics as the pursuit of the common good of a community and the individual goods of its members, we can agree that …
$500,000 Cap On Non-Economic Damages For Medical Malpractice Inconsistent With Open Courts Guarantee In Texas Constitution., Kathryn Kase
$500,000 Cap On Non-Economic Damages For Medical Malpractice Inconsistent With Open Courts Guarantee In Texas Constitution., Kathryn Kase
St. Mary's Law Journal
Abstract Forthcoming.
Government Action Does Not Violate Free Exercise Clause Of First Amendment When It Neither Coerces Action Contrary To Religious Beliefs Nor Prohibits Access To Practice Those Beliefs, But Merely Imposes An Incidental Burden On Religious Practice., Joani S. Harrison
St. Mary's Law Journal
Abstract Forthcoming.
Merger Doctrine No Defense To Deceptive Trade Practices Suit For Breach Of Express Warranty., Robert Carl Jones
Merger Doctrine No Defense To Deceptive Trade Practices Suit For Breach Of Express Warranty., Robert Carl Jones
St. Mary's Law Journal
No abstract provided.
Avoiding The Issue Of Whether Implied Warranties Extend To Professional Services By Defining Horse Training As A Modification Of An Existing Tangible Good., Wendy Hunkele
St. Mary's Law Journal
No abstract provided.
Why Is There Taylor V. Caldwell - Thre Propositions About Impracticability, Robert Birmingham
Why Is There Taylor V. Caldwell - Thre Propositions About Impracticability, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
Toxic Waste: Who Pays The Piper - A Private Party's Federal And Texas Rights To Recovery Of Voluntary Cleanup Costs Of Toxic Waste., Barbara Hanson Nellermoe
Toxic Waste: Who Pays The Piper - A Private Party's Federal And Texas Rights To Recovery Of Voluntary Cleanup Costs Of Toxic Waste., Barbara Hanson Nellermoe
St. Mary's Law Journal
Abstract Forthcoming.
In Pari Delicto Defense May Bar Recovery In Section 12(1) Action Under Securities Act Of 1933., G. Barton Chucker
In Pari Delicto Defense May Bar Recovery In Section 12(1) Action Under Securities Act Of 1933., G. Barton Chucker
St. Mary's Law Journal
Abstract Forthcoming.
A Consumer Update: Recent Developments Under The Texas Deceptive Trade Practices Act., Richard M. Alderman, Melanie P. Rosenthal
A Consumer Update: Recent Developments Under The Texas Deceptive Trade Practices Act., Richard M. Alderman, Melanie P. Rosenthal
St. Mary's Law Journal
No abstract provided.
Aspects Of Defending A Texas Deceptive Trade Practices - Consumer Protection Act Claim., Andy A. Tschoepe Ii, Stanley E. Crawford Jr., David Jed Williams
Aspects Of Defending A Texas Deceptive Trade Practices - Consumer Protection Act Claim., Andy A. Tschoepe Ii, Stanley E. Crawford Jr., David Jed Williams
St. Mary's Law Journal
No abstract provided.
Document Destruction In Business Litigation From A Practitioner's Point-Of-View: The Ethical Rules Vs. Practical Realities., Ricardo G. Cedillo, David Lopez
Document Destruction In Business Litigation From A Practitioner's Point-Of-View: The Ethical Rules Vs. Practical Realities., Ricardo G. Cedillo, David Lopez
St. Mary's Law Journal
No abstract provided.
An Understanding Of Damages Recoverable Under The Dtpa., Deborah J. Bullion
An Understanding Of Damages Recoverable Under The Dtpa., Deborah J. Bullion
St. Mary's Law Journal
No abstract provided.
The Relevancy Revolution In Criminal Law: A Practical Tour Through The Texas Rules Of Criminal Evidence., Cathleen C. Herasimchuk
The Relevancy Revolution In Criminal Law: A Practical Tour Through The Texas Rules Of Criminal Evidence., Cathleen C. Herasimchuk
St. Mary's Law Journal
No abstract provided.
Judiciary's Inherent Power To Compel Funding: A Tale Of Heating Stoves And Air Conditioners., Ted Z. Robertson, Christa Brown
Judiciary's Inherent Power To Compel Funding: A Tale Of Heating Stoves And Air Conditioners., Ted Z. Robertson, Christa Brown
St. Mary's Law Journal
No abstract provided.
Can Shakespeare Make You A Partner., Michael L. Richmond
Can Shakespeare Make You A Partner., Michael L. Richmond
St. Mary's Law Journal
No abstract provided.
The Health Care Quality Improvement Act Of 1986: A Proposal For Interpretation Of Its Protection., Louise M. Joy
The Health Care Quality Improvement Act Of 1986: A Proposal For Interpretation Of Its Protection., Louise M. Joy
St. Mary's Law Journal
No abstract provided.
Causes Of Action Stemming From Federal Government's Negligence In Implementing Mandatory Regulations Or Statutes Are Not Barred By Discretionary Function Exception Of Federal Tort Claims Act., Irl I. Nathan
St. Mary's Law Journal
No abstract provided.
Foreword., Barbara Bader Aldave
Address., William H. Rehnquist
The Federal Courts Study Committee Begins Its Work., Joseph F. Weis Jr.
The Federal Courts Study Committee Begins Its Work., Joseph F. Weis Jr.
St. Mary's Law Journal
Abstract Forthcoming.
Improper Use Of Removal And Its Disruptive Effect On State Court Proceedings: A Call To Reform 28 U.S.C. 1446., Ellen Bloomer Mitchell
Improper Use Of Removal And Its Disruptive Effect On State Court Proceedings: A Call To Reform 28 U.S.C. 1446., Ellen Bloomer Mitchell
St. Mary's Law Journal
Abstract Forthcoming.
Technology Transfers: What If The Other Party Files Bankruptcy., Ann Livingston, Leif M. Clark
Technology Transfers: What If The Other Party Files Bankruptcy., Ann Livingston, Leif M. Clark
St. Mary's Law Journal
Abstract Forthcoming.
The New Texas Business Corporation Act Merger Provisions., Curtis W. Huff
The New Texas Business Corporation Act Merger Provisions., Curtis W. Huff
St. Mary's Law Journal
Abstract Forthcoming.
Interference With Prospective Civil Litigation By Spollation Of Evidence: Should Texas Adopt A New Tort., Philip A. Lionberger
Interference With Prospective Civil Litigation By Spollation Of Evidence: Should Texas Adopt A New Tort., Philip A. Lionberger
St. Mary's Law Journal
Texas courts should adopt a tort for spoliation of evidence. Spoliation of evidence is the tampering with, interference with, loss of, or destruction of evidence. Spoliation of evidence is a serious legal problem because it increases a litigant’s difficulty in proving a cause of action or a defense. Evidence destruction may also increase litigation costs and cause the trial court to make factfinding errors. Texas courts should adopt the tort of spoliation of evidence because it compensates injured litigants and deters future acts of spoliation. Another reason for adopting the tort for spoliation of evidence is the inadequacy of alternative …
D.W.I. Suspects Do Not Have Right To Consult With Counsel Before Intoxilyzer Test Under Texas Constitution Because Test Is Not A Critical Stage In Proceedings., Clifford C. Herberg Jr.
D.W.I. Suspects Do Not Have Right To Consult With Counsel Before Intoxilyzer Test Under Texas Constitution Because Test Is Not A Critical Stage In Proceedings., Clifford C. Herberg Jr.
St. Mary's Law Journal
Under the Texas Constitution, D.W.I. suspects do not have a right to consult with counsel before an intoxilyzer test because the test is not considered a “critical stage” in proceedings. In Forte v. State, the Texas Court of Criminal Appeals adopted the critical stage approach and held D.W.I. suspects do not have a right to counsel under the Texas Constitution until the filing of the complaint. The court reasoned because the statute implies consent to the test, and the suspect has no legal right to refuse the test, counsel’s presence would not serve to protect “any known right or safeguard,” …
Fundamental Error When Rule Against Misjoinder Violated By Charging More Than One Non-Property Offense In Same Indictment Resulting In Multiple Convictions., Virginia Coyle
St. Mary's Law Journal
Abstract Forthcoming.
Statutory Claims For Unfair Insurance Settlement Practices - Vail V. Texas Farm Bureau Mutual Insurance Company., Joseph G. Chumlea
Statutory Claims For Unfair Insurance Settlement Practices - Vail V. Texas Farm Bureau Mutual Insurance Company., Joseph G. Chumlea
St. Mary's Law Journal
No abstract provided.
Warranties, Disclaimers, Limitation Of Remedies, And The Texas Deceptive Trade Practices Act., Thomas Black
Warranties, Disclaimers, Limitation Of Remedies, And The Texas Deceptive Trade Practices Act., Thomas Black
St. Mary's Law Journal
No abstract provided.
Private Cause Of Action For Unfair Insurance Claim Settlement Practices Exists Under Texas Deceptive Trade Practices Act And Insurance Code., Gloria F. Christmas
Private Cause Of Action For Unfair Insurance Claim Settlement Practices Exists Under Texas Deceptive Trade Practices Act And Insurance Code., Gloria F. Christmas
St. Mary's Law Journal
In Vail v. Texas Farm Bureau Mutual Insurance Company, the Texas Supreme Court held a private cause of action for unfair insurance claim settlement practices exists under the Texas Deceptive Trade Practices Act and Insurance Code (DTPA). The DTPA and Insurance Code have repeatedly been used against the insurance industry in the areas of first and third-party claims, particularly in cases involving sales misrepresentations and post-loss claims misconduct. The goal of DTPA is to provide adequate safeguards to aggrieved consumers and, therefore, a broad interpretation of the act allows the courts to provide consumers a remedy and deter the continuance …