Law Commons^™

United States Customs Law Affecting The Movement Of Goods Into And Out Of Mexico., Robert T. Givens, Rayburn Berry

St. Mary's Law Journal

Trade between the United State and Mexico rose dramatically over the past decade. Several factors account for this increase in trade. These factors include the relative weakness of the Mexican currency, growth of the maquiladora industry, and increased Mexican production of exportable products generally. Other factors include Mexico’s 1986 accession to General Agreements Tariff and Trade (GATT), the resultant lowering of Mexican customs duties, and a good long-term working relationship between the two countries. If ongoing negotiations culminate in a North American Free Trade Agreement (NAFTA) the trend will accelerate.

Laws regulating the importation of merchandise into the United States …

The Case For A Texas Compulsory Unitization Statute., Paula C. Murray, Frank B. Cross

St. Mary's Law Journal

Compulsory unitization of oil and natural gas reservoirs would substantially enhance the welfare of the United States and of Texas in particular. The present regulated free market for oil production produces both inefficiencies and inequities. Consequentially, oil exploration is discouraged, oil production is unnecessarily costly and wasteful, and the private distribution of oil revenues can be arbitrarily unfair. Compulsory unitization would remedy many of these shortcomings which result from extant structures. Unitization means the cooperative development of an entire reservoir of oil or gas. Compulsory unitization in most states also contains a variety of substantive and procedural prerequisites to unitization …

Unfocused Governmental Interests, Robert F. Nagel

Publications

No abstract provided.

Altruistic Communities And The Responsible Use Of Legal Power, John W. Ragsdale Jr

Faculty Works

When an animate, conscious body - individual, collective, economic or political - is imbued with a strong central vision or focus, the ongoing actions of the body automatically become coordinated and subordinated to the dictates of that core imagery. When the center is affirmative and qualitative, then the body has a distinct capacity for self-sufficiency, endurance, and equilibrium. If, however, the central focus is negative or linear, then the capacity for internal homeostasis is greatly lessened. A core of fear, anger, or endless material craving can prompt the exercises of power that herein will be called irresponsible. Such exercises of …

1992, W. Wapenhans, Ibrd, Review Of The Portfolio Review Working Group, Part 1, Willi Wapenshans

WBIP Creation Up To 1993

No abstract provided.

On The "Oldest Profession": A Proposal In Favor Of Legalized But Regulated Prostitution, Kenneth Shuster

University of Florida Journal of Law & Public Policy

No abstract provided.

Holmes V. Sipc: A New Direction For Rico Standing, Virginia Maurer

University of Florida Journal of Law & Public Policy

No abstract provided.

Drug Use During Pregnancy: State Strategies To Reduce The Prevalence Of Prenatal Drug Exposure, Deborah Appel

University of Florida Journal of Law & Public Policy

No abstract provided.

The Target Marketing Of Alcohol And Tobacco Billboards To Minority Communities, Kathryn Kelly

University of Florida Journal of Law & Public Policy

No abstract provided.

The Pragmatics Of Genre: Moral Theory And Lyric Authorship In Hegel And Wordsworth, Thomas Pfau

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Unpublished Opinions Shall Not Be Cited As Authority: The Emerging Contours Of Texas Rule Of Appellate Procedure 90(I)., David M. Gunn

St. Mary's Law Journal

In Texas, worries of judicial overproduction have persisted throughout the twentieth century. Although the Texas Supreme Court began to use per curiam opinions more frequently around 1925, the flood continues. Texas now has more courts and judges than ever before, and history offers no reason to expect retrenchment. The present scheme in Texas creates two classes of judicial opinions, published and unpublished. Unpublished opinions are not supposed to count for purposes of stare decisis, while published opinions do. Texas Appellate Rule 90 regulates the issuance of opinions from the courts of appeals. Part (a) requires intermediate courts to issue written …

Analyzing Scientific Evidence: From Validity To Reliability With A Two-Step Approach., Renee A. Forinash

St. Mary's Law Journal

Throughout legal history, courts have wrestled with scientific evidence. Sometimes the courts admitted invalid evidence disguised as science. In the 1920’s, courts developed a very limited standard of admissibility for scientific evidence. Under the Frye test, a scientific expert’s conclusion was inadmissible unless the conclusion was generally accepted by the scientific community. Although this prevented “junk science” from invading courtrooms, it also protected invalid scientific evidence already present in the system and restricted using new, but valid, scientific techniques. In response, many jurisdictions developed more liberal evidentiary standards. The liberal standards averted the “cultural lag” for which Frye was criticized …

The Economics And Politics Of Emergency Health Care For The Poor: The Patient Dumping Dilemma, Maria O'Brien

Faculty Scholarship

As the numbers of uninsured mount⁴ because of job dislocations, exhaustion of benefits, and unaffordably high premiums, the incidence of "dumping" by private hospitals is, predictably, on the rise. Dumping occurs when a hospital, in violation of federal or state law, transfers an emergency patient to another (usually public) hospital or simply refuses any treatment based on the patient's inability to pay.5 In addition to the completely uninsured, favorite dumping targets include Medicare and Medicaid patients, AIDS patients, and cancer patients whose therapy may cost more than the maximum reimbursement under private insurance.

Dumping is merely a part of …

Speaking Of Rights, Janet Ainsworth

Faculty Articles

Professor Janet Ainsworth reviews Rights Talk: The Impoverishment of Political Discourse, by Mary Ann Glendon. The thesis of Mary Ann Glendon's book is a provocative one: that the way in which Americans talk about rights is dangerous to our political and social well-being as a nation. Professor Ainsworth explores the specifics of rights discourse that Glendon describes, and provides a thorough critique of Rights Talk.

A Modern Proposal, Sidney Delong

Faculty Articles

This article humorously explains Jonathan Swift’s intention when he wrote “A Modest Proposal for Preventing the Children of Ireland from Being a Burden to Their Parents or Country.” Swift was not writing satirically, his analysis was purely written from an economic standpoint as was Landes and Posner’s modern proposal. Landes and Posner recognized the allocative efficiencies and wealth gains that can be realized when property rights are created in noncommodities, such as people, as did Jonathan Swift.

Heitman V. State: The Question Left Unanswered., Matthew W. Paul, Jeffrey L. Van Horn

St. Mary's Law Journal

In Heitman v. State, the Texas Court of Criminal Appeals appeared to break with the court’s prior holdings to announce it would no longer “automatically adopt and apply” to the search and seizure provisions of the Texas Constitution “the Supreme Court’s interpretations of the Fourth Amendment.” The reaction to Heitman was immediate and striking. Heitman is obviously a significant decision that could impact Texas criminal jurisprudence for decades. Yet, the decision left many questions unanswered, including whether the search and seizure provision should be construed as placing greater restrictions on law enforcement than the Fourth Amendment of the United States …

The Political Philosophy Of Campaign Finance Reform As Articulated In The Dissents In Austin V. Michigan Chamber Of Commerce., John S. Shockley, David A. Schultz

St. Mary's Law Journal

The 1992 presidential candidacy of Jerry Brown, who called for campaign contribution limits, has reignited the issue of campaign finance reform. Indeed, the United States Supreme Court has recognized the importance of campaign finance reform as a judicial issue. The importance of this issue is marked by the Court’s continued willingness to address the regulation of campaign finance since the 1976 landmark case of Buckley v. Valeo. The case of Austin v. Michigan Chamber of Commerce emphasized the somewhat confused nature of the Supreme Court’s campaign finance reform decisions. The Supreme Court and state legislatures will likely continue to address …

Wrongful Adoption: A Guide To Impending Tort Litigation In Texas., Fred S. Wilson

St. Mary's Law Journal

Texas has an opportunity to improve a necessary tool of family law by recognizing and advancing wrongful adoption. There is an underlying lack of recognition for the interests of adoptive parents in adoption law. Those who choose to adopt necessarily rely on the information provided by an adoption agency in making their decision. As such, adoptive parents are particularly vulnerable to misrepresentation about the pertinent history of the adoptee. Recent cases in other states demonstrate the progression of wrongful adoption as a tort, yet many inadequacies remain. The necessary progression of wrongful adoption calls for the imposition of a duty …

Judgment And Reasoning In Adolescent Decisionmaking, Elizabeth S. Scott

Faculty Scholarship

Few people believe that five year olds and fifteen year olds think, act or make decisions in the same way. The question is whether and how the law should respond to developmental differences. Traditionally, childhood and adulthood have been two dichotomous legal categories, demarcated by the age of majority. This conception has been contested in recent years, as has the premise that all minors are incompetent to make decisions and function as legal actors. Fueled by the controversy over adolescent access to abortion, an advocacy movement has emerged that challenges the authority of parents and the state over the lives …

Making A Commitment To Social Change: Extending The Canon Of Dispute Processing Research, Frank W. Munger

Articles & Chapters

No abstract provided.

Jewish Lawyering In A Multicultural Society: A Midrash On Levinson Colloquy, Russell G. Pearce

Faculty Scholarship

When we acknowledge the contradiction between the project's goal and the reality of group influence, we are led to consider the alternative strategy of creating community. Such a strategy would invite lawyers to begin a community dialogue regarding how each of our group identities, and the responses of others to our identities, interfere with our efforts to realize the goal of equal justice. While significant to the understanding of group dynamics, consideration of Jewish lawyering probably has limited value as a predictor of an individual lawyer's professional conduct. The actual and potential influence of Jewishness on lawyering is quite diverse, …

Heat Of Passion And Wife Killing: Men Who Batter/Men Who Kill, Donna Coker

Articles

No abstract provided.

Exit: Power And The Idea Of Leaving In Love, Work, And The Confirmation Hearings, Martha R. Mahoney

Articles

No abstract provided.

Disabled Clients, Disabling Lawyers, Anthony V. Alfieri

Articles

No abstract provided.

Touching Words: Helen Keller, Plagiarism, Authorship, Jim Swan

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Author/Izing The Celebrity: Publicity Rights, Postmodern Politics, And Unauthorized Genders, Rosemary J. Coombe

Cardozo Arts & Entertainment Law Journal

No abstract provided.

500 Years After Columbus: Promoting And Protecting Multiculturalism In The Arts, Sherri L. Burr

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Mysteries Of Violence And Self-Defense: Myths For Men, Cautionary Tales For Women, Marianne Wesson

Publications

No abstract provided.

Media Coverage Of Law: Its Impact On Juries And The Public, Valerie P. Hans, Juliet Dee

Cornell Law Faculty Publications

Because most of the public has little direct experience with the justice system, public knowledge and views of law and the legal system are largely dependent on media representations. The media provide many lessons about law and justice. In the average American household, a TV set is on for over 7 hours each day, and individual members of the family watch television for about 3 hours. Television news and police and crime dramas account for a substantial amount of incidental learning about the nature of the legal system. Newspapers and films also contribute to the public's knowledge and attitudes about …

Suicide And Justice, Arthur J. Jacobson

Cardozo Law Review

No abstract provided.