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Articles 13111 - 13140 of 14149

Full-Text Articles in Law

Arbitration And Litigation Of Public Customers' Claims Against Broker-Dealers After Mcmahon Symposium - Business Tort Litigation., Joseph L. Hoon Jr. Jan 1988

Arbitration And Litigation Of Public Customers' Claims Against Broker-Dealers After Mcmahon Symposium - Business Tort Litigation., Joseph L. Hoon Jr.

St. Mary's Law Journal

Abstract Forthcoming.


Common Callings And The Enforcement Of Postemployment Covenants In Texas Symposium - Business Tort Litigation., William H. White Jan 1988

Common Callings And The Enforcement Of Postemployment Covenants In Texas Symposium - Business Tort Litigation., William H. White

St. Mary's Law Journal

Abstract Forthcoming.


Products Liability: An Argument For Product Line Liability In Texas Symposium - Business Tort Litigation., Charles E. Cantu, David S. Goldberg Jan 1988

Products Liability: An Argument For Product Line Liability In Texas Symposium - Business Tort Litigation., Charles E. Cantu, David S. Goldberg

St. Mary's Law Journal

In today’s fast-paced business world, buyouts, takeovers, mergers, and other acquisitions are common occurrences. As a consequence of this corporate turnover, the consumer plaintiff injured while using a defective product may find the search for the proper defendant is futile, simply because the product is now marketed by a different legal entity. Generally, the consumer has no recourse against the manufacturer of the particular product which caused the injury if that manufacturer has since dissolved. This apparent unfairness, coupled with an increase in litigation of this nature over the last decade, has led to the judicial recognition of an exception …


Franchise Litigation In Texas: Analyzing Claims And Defenses Symposium - Business Tort Litigation., John G. Lewis Jan 1988

Franchise Litigation In Texas: Analyzing Claims And Defenses Symposium - Business Tort Litigation., John G. Lewis

St. Mary's Law Journal

Abstract Forthcoming.


The Road Less Traveled: State Court Resolution Of Patent, Trademark, Or Copyright Disputes Symposium - Business Tort Litigation., Ted D. Lee, Ann Livingston Jan 1988

The Road Less Traveled: State Court Resolution Of Patent, Trademark, Or Copyright Disputes Symposium - Business Tort Litigation., Ted D. Lee, Ann Livingston

St. Mary's Law Journal

Abstract Forthcoming.


Terminating The Guardianship: A New Role For State Courts., M. P. Duncan Iii Jan 1988

Terminating The Guardianship: A New Role For State Courts., M. P. Duncan Iii

St. Mary's Law Journal

Abstract Forthcoming.


Settlement Of Disputes Within The Iea Oil Emergency Sharing System., Richard F. Scott Jan 1988

Settlement Of Disputes Within The Iea Oil Emergency Sharing System., Richard F. Scott

St. Mary's Law Journal

Abstract Forthcoming.


Unlimited Branch Banking In Texas: The Next Step In Deregulation Comment., Mark A. Giltner Jan 1988

Unlimited Branch Banking In Texas: The Next Step In Deregulation Comment., Mark A. Giltner

St. Mary's Law Journal

Abstract Forthcoming.


Copyright Protection For Intellectual Property Rights To Recombinant Deoxyribonucleic Acid: A Proposal Comment., Donna Smith Jan 1988

Copyright Protection For Intellectual Property Rights To Recombinant Deoxyribonucleic Acid: A Proposal Comment., Donna Smith

St. Mary's Law Journal

Abstract Forthcoming.


Constitutional Law - First Amendment - School Officials Entitled To Regulate Contents Of School Sponsored Newspaper In Reasonable Manner Recent Development., Christopher Nielson Forbis Jan 1988

Constitutional Law - First Amendment - School Officials Entitled To Regulate Contents Of School Sponsored Newspaper In Reasonable Manner Recent Development., Christopher Nielson Forbis

St. Mary's Law Journal

Abstract Forthcoming.


Texas Civil Procedure - Evidence Of Net Worth - Net Worth Is Discoverable And Admissible Into Evidence For The Purpose Of Assessing Punitive Damages Recent Development., Mark A. Lindow Jan 1988

Texas Civil Procedure - Evidence Of Net Worth - Net Worth Is Discoverable And Admissible Into Evidence For The Purpose Of Assessing Punitive Damages Recent Development., Mark A. Lindow

St. Mary's Law Journal

Abstract Forthcoming.


Constitutional Law - First Amendment - Public Figures And Public Officials May Not Recover For Intentional Infliction Of Emotional Distress For Publication Of Ad Parody Absent A Showing That Publication Contained A False Statement Of Fact Made With Actual Malice Recent Development., Evelyn T. Ailts Jan 1988

Constitutional Law - First Amendment - Public Figures And Public Officials May Not Recover For Intentional Infliction Of Emotional Distress For Publication Of Ad Parody Absent A Showing That Publication Contained A False Statement Of Fact Made With Actual Malice Recent Development., Evelyn T. Ailts

St. Mary's Law Journal

Abstract Forthcoming.


Texas Civil Procedure - Bill Of Review - Meritorious Defense Requirement In Bill Of Review Proceeding To Vacate Default Judgment, Without Effective Service Of Process Or Propert Notice Of Default Judgment, And Resulting In Adverse Consequences, Violates The Fourteenth Amendment's Due Process Clause Recent Development., William B. Nash Jan 1988

Texas Civil Procedure - Bill Of Review - Meritorious Defense Requirement In Bill Of Review Proceeding To Vacate Default Judgment, Without Effective Service Of Process Or Propert Notice Of Default Judgment, And Resulting In Adverse Consequences, Violates The Fourteenth Amendment's Due Process Clause Recent Development., William B. Nash

St. Mary's Law Journal

Abstract Forthcoming.


Federal Taxation - Publicly Traded Partnerships Deemed Corporations For Federal Taxation Purposes: New Internal Revenue Code Section 7704 Recent Development., Edward D. Biggers Jan 1988

Federal Taxation - Publicly Traded Partnerships Deemed Corporations For Federal Taxation Purposes: New Internal Revenue Code Section 7704 Recent Development., Edward D. Biggers

St. Mary's Law Journal

Abstract Forthcoming.


Scources Of Liberty In The Texas Bill Of Rights., Arvel (Rod) Ponton Iii Jan 1988

Scources Of Liberty In The Texas Bill Of Rights., Arvel (Rod) Ponton Iii

St. Mary's Law Journal

Many historical, economic, and philosophical forces have combined to create a uniquely “Texian” perspective on liberty that has heavily influenced the Texas Bill of Rights. The original Texas Bill of Rights was drafted in 1836, during the ascendancy of Jacksonian democracy, following the successful revolt from the military dictatorship of General Santa Anna. Texans had lived under Spanish civil law, Mexican constitutional law, a Mexican military dictatorship, English common law, and the Bill of Rights of the United States. The Texas Revolution, the fact that many Texans looked to American and English jurisprudence for guidance, the violation of many rights …


Admissibility Of Subsequent Remedial Measures As Evidence In Texas., Wendy Hunkele Jan 1988

Admissibility Of Subsequent Remedial Measures As Evidence In Texas., Wendy Hunkele

St. Mary's Law Journal

Abstract Forthcoming.


The Evolving Concept Of Preemption Removal: An Expansion Of Federal Jurisdiction., Scott Roberts Jan 1988

The Evolving Concept Of Preemption Removal: An Expansion Of Federal Jurisdiction., Scott Roberts

St. Mary's Law Journal

Federal jurisdiction based on preemption removal should extend to federal laws which meet the requirements of Franchise Tax Board v. Construction Laborers Vacation Trust and Metropolitan Life Insurance Company v. Taylor. The well-pleaded complaint rule restricts federal removal jurisdiction. The well-pleaded complaint rule requires a federal question appear on the face of the plaintiff’s complaint for federal jurisdiction to attach. Therefore, the defendant’s right to a federal forum depends upon whether the plaintiff chooses to invoke a federal claim in its complaint. Courts routinely criticize the linking of removal jurisdiction to the well-pleaded complaint rule for giving plaintiffs incentive to …


The Competitiveness Of The U.S. Telecommunications Industry: A New York Case Study, Michael Botein, Alan Pearce Jan 1988

The Competitiveness Of The U.S. Telecommunications Industry: A New York Case Study, Michael Botein, Alan Pearce

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The Third Justice System: The New Juvenile-Criminal System Of Determinate Sentencing For The Youthful Violent Offender In Texas., Robert O. Dawson Jan 1988

The Third Justice System: The New Juvenile-Criminal System Of Determinate Sentencing For The Youthful Violent Offender In Texas., Robert O. Dawson

St. Mary's Law Journal

Abstract Forthcoming.


Criminal Law - Mail Fraud - Mail Fraud Statute Restricted To The Protection Of Property Rights And Doesn Not Extend To The Protection Of The Intangible Right To Honest And Impartial State Government Case Note., Keith S. Hampton Jan 1988

Criminal Law - Mail Fraud - Mail Fraud Statute Restricted To The Protection Of Property Rights And Doesn Not Extend To The Protection Of The Intangible Right To Honest And Impartial State Government Case Note., Keith S. Hampton

St. Mary's Law Journal

Abstract Forthcoming.


Deadlines And Extension Motions In Civil Appellate Litigation., Timothy Patton Jan 1988

Deadlines And Extension Motions In Civil Appellate Litigation., Timothy Patton

St. Mary's Law Journal

Abstract Forthcoming.


Warrantless Arrest Jurisdiction In Texas: An Analysis And A Proposal., Gerald S. Reamey, J. Daniel Harkins Jan 1988

Warrantless Arrest Jurisdiction In Texas: An Analysis And A Proposal., Gerald S. Reamey, J. Daniel Harkins

St. Mary's Law Journal

Within the State of Texas, there exist a great number of “peace officers” who are granted a wide range of power and authority. This includes the power to make warrantless arrests and searches pursuant to those arrests. Significant ambiguity exists regarding a peace officer’s jurisdiction. The confusion is largely due to imprecise statutory language and varying judicial interpretations. Article 998 of Texas Revised Civil Statutes, for example, bestowed on city police officers the same powers, authority, and jurisdiction as city marshals. The statute, though, neglected to define the extent of that jurisdiction, or even what “jurisdiction” meant in that context. …


Pornography And Obscenity Sold In "Adult Bookstores": A Survey Of 5132 Books, Magazines, And Films In Four American Cities, Park Elliott Dietz, Alan E. Sears Jan 1988

Pornography And Obscenity Sold In "Adult Bookstores": A Survey Of 5132 Books, Magazines, And Films In Four American Cities, Park Elliott Dietz, Alan E. Sears

University of Michigan Journal of Law Reform

During the eighteen months that the Attorney General's Commission on Pornography (the Commission) conducted public hearings, public discussion, and staff research, one of the most common types of inquiry directed to the staff consisted of questions as to the content of pornography currently available in the United States. Critics of the Commission's work asserted that the pornography used as exhibits by witnesses at the public hearings was extreme, not commonly available, or unrepresentative of that sold in pornography retail outlets; The only pertinent, quantitative data available to the Commission appeared in a single report in the American Journal of Psychiatry …


The Right To Speak, The Right To Hear, And The Right Not To Hear: The Technological Resolution To The Cable/Pornography Debate, Michael I. Meyerson Jan 1988

The Right To Speak, The Right To Hear, And The Right Not To Hear: The Technological Resolution To The Cable/Pornography Debate, Michael I. Meyerson

University of Michigan Journal of Law Reform

This Article concludes that the power of government to regulate cable pornography is limited to that which is legally obscene. Part I reviews Supreme Court cases delineating the relationship between the rights of privacy in the home and of freedom of speech. Part II demonstrates that the technology of cable television provides the solution to the pornography dilemma. Cable television preserves both privacy and speech interests because individual subscribers can be given the physical means to block out programming they find personally offensive without affecting the ability of others to receive that programming. Where such accommodation of interests is permissible, …


Pornography Is A Civil Rights Issue For Women, Andrea Dworkin Jan 1988

Pornography Is A Civil Rights Issue For Women, Andrea Dworkin

University of Michigan Journal of Law Reform

My name is Andrea Dworkin. I am a citizen of the United States, and in this country where I live, every year millions and millions of pictures are being made of women with our legs spread. We are called beaver, we are called pussy, our genitals are tied up, they are pasted, makeup is put on them to make them pop out of a page at a male viewer. Millions and millions of pictures are made of us in postures of submission and sexual access so that our vaginas are exposed for penetration, our anuses are exposed for penetration, our …


Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz Jan 1988

Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz

Touro Law Review

No abstract provided.


Screen Used At Trial That Prevents Testifyingchild Sex Abuse Victim From Viewing Accused Violates Accused's Sixth Amendment Right To Face-To-Face Confrontation., Curtis L. Cukjati Jan 1988

Screen Used At Trial That Prevents Testifyingchild Sex Abuse Victim From Viewing Accused Violates Accused's Sixth Amendment Right To Face-To-Face Confrontation., Curtis L. Cukjati

St. Mary's Law Journal

Abstract Forthcoming.


Certificate Of Need: Background And Review Of Recent Changes In Florida Law, Benjamin Gross Jan 1988

Certificate Of Need: Background And Review Of Recent Changes In Florida Law, Benjamin Gross

University of Florida Journal of Law & Public Policy

No abstract provided.


Constitutional Law: Closing The Schoolhouse Gate On The First Amendment, Amy Fischer Jan 1988

Constitutional Law: Closing The Schoolhouse Gate On The First Amendment, Amy Fischer

University of Florida Journal of Law & Public Policy

No abstract provided.


Do Courts Set Economic Policy?, Ben F. Overton Jan 1988

Do Courts Set Economic Policy?, Ben F. Overton

University of Florida Journal of Law & Public Policy

No abstract provided.