Law Commons^™

A Primer On Trademarks And Service Marks., Lawrence E. Evans Jr.

St. Mary's Law Journal

Abstract Forthcoming.

The Profession As A Moral Teacher Legal Essay., Thomas Shaffer

St. Mary's Law Journal

Abstract Forthcoming.

The Vestiges Of The Texas Employment At-Will Doctrine In The Wake Of Progressive Law: The Employment Handbook Exception Comment., Brian Kennington Lowry

St. Mary's Law Journal

Under a traditional approach of the at-will rule, if an employer hires an employee for an indefinite term then the employer may terminate the employee at will. Modification of the at-will rule has gained widespread support throughout the country. A majority of states now follow the progressive view, which allows the employment manual to become part of the labor contract, thereby obligating employers to abide by manual provisions. The progressive view maintains that an employee’s continued service after an employer issues a manual, constitutes ample consideration to make the document binding. Once a court recognizes the existence of independent consideration, …

Court-Sponsored Custody Mediation To Prevent Parental Kidnapping: A Disarmament Proposal Comment., Sue T. Bentch

St. Mary's Law Journal

Texas should implement a court-sponsored custody mediation plan to prevent parental kidnapping. Each day, hundreds of parents kidnap their own children. These kidnapped children are often the innocent victims of an escalating custody battle between parents. The magnitude of the parental kidnapping problem has forced Congress and the legislatures of the various states to address its possible solution. Congress and state legislatures implemented the Uniform Child Custody Jurisdiction Act, the Parental Kidnapping Prevention Act of 1980, state criminal laws, civil laws, and tort suits to address the problem. Unfortunately, these remedies only address the problem after the abduction has occurred. …

Thinking About Federal Jurisdiction - Of Serpents And Swallows., Thomas E. Baker

St. Mary's Law Journal

Abstract Forthcoming.

Trial Court Jurisdiction And Control Over Judgments., David Peeples

St. Mary's Law Journal

Abstract Forthcoming.

Collecting Attorney Fees From The Government In Tax Litigation: An Analysis Of The Winners And Prospects For The Future., Craig J. Langstraat

St. Mary's Law Journal

Abstract Forthcoming.

Toward A Unified Approach To Privileges And Relevancy, Thomas F. Guernsey

Law Faculty Publications

No topic in evidence has received more attention from commentators than evidentiary privileges. In the writings on privilege, however, there has been little discussion that the auxiliary public policies excluding otherwise logically relevant evidence under relevance analysis are essentially the same as the public policies that underlie the creation of privileges. In fact, as a general matter, if no topic has received more attention than privileges, few topics have received less attention than relevancy, and there has been virtually no discussion of the connection between privilege analysis and relevancy analysis. ...

Judgment Granting Equitable Relief Cannot Support Award Of Punitive Damages Where Actual Damages Are Not Also Recovered., Beth Mcallister

St. Mary's Law Journal

Abstract Forthcoming.

Introduction., Larry Soward

St. Mary's Law Journal

Abstract Forthcoming.

Premises Liability In Texas - Time For A Reasonable Change., Kathryn E. Eriksen

St. Mary's Law Journal

Abstract Forthcoming.

Racketeer Influenced And Corrupt Organizations Act (Rico) - Maintenance Of A Private Civil Rico Action Does Not Require A Showing That The Defendant Has Been Criminally Convicted Of The Predicate Acts Nor That The Plaintiff Has Sustained A Racketeering Injury Distinct From The Alleged Predicate Acts., Ruth E. Greenfield

St. Mary's Law Journal

Abstract Forthcoming.

A Comment On Religious Convictions And Lawmaking, John H. Garvey

Michigan Law Review

Professor Kent Greenawalt's Cooley Lectures on Religious Convictions and Lawmaking are fresh, honest, and thoughtful. They offer some troubling questions for liberal democratic theorists (Greenawalt names Bruce Ackerman and John Rawls as representatives of the class) who argue that good citizens and officials should set their religious co~victions aside when they deal with political questions. Greenawalt contends that religious liberal democrats are not committed to such a program of self-denial - that sometimes (though not always) political judgments can rest on religious convictions. I think he is right but too modest about the implications of his thesis.

Defending Miranda: A Reply To Professor Caplan, Welsh S. White

Vanderbilt Law Review

Professor Caplan yearns for the good old days "when the police enjoyed greater public confidence" and, in accordance with the tactics recommended in the police manuals, it was acceptable "for an investigator to talk sharply to the suspect or glare at him or sit too closely or withhold cigarettes, or, from the opposite vantage, to pretend to be a sympathetic friend or a concerned coreligionist."'Thus, Professor Caplan attacks the Miranda decision on the ground that "by introducing novel conceptions of the proper relationship between the suspect and authority," Miranda operates to subvert the principal function of the criminal process, the …

Discovery And Sanctions For Discovery Abuse., Joe K. Longley, Mark L. Kincaid

St. Mary's Law Journal

Abstract Forthcoming.

Freedom Of Speech As Therapy, Pierre Schlag

Publications

No abstract provided.

Instructions On Death: Guiding The Jury’S Sentencing Discretion In Capital Cases, Stephen Ellmann

Other Publications

No abstract provided.

Textbooks, Judges, And Science, Edward J. Larson

Scholarly Works

This Article offers a spectator's guide to this controversy by three central issues in Aguillard. First, the Article examines the persistent interest of both creationists and evolutionists in the content of public-school biology instruction, which is reflected in passage of the Balanced Treatment Act, and the overwhelming, organized opposition to its implementation. Focusing on the impact o science in recent decisions, the second section of the Article reviews judicial responses to the cases spawned by the controversy over creationist and evolutionary instruction. The Article concludes by exploring the central role played by scientific opinion in the legal arguments for and …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

West's Law & Commercial Dictionary in Five Languages

West Publishing Company, 1985. Pp. xvi, 885, 899.

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Flags of Convenience

By B.N. Metaxes

Aldershot, England and Brookfield, Vermont

Gower Publishing Company, 1985. Pp.x, 107.

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External Debt Management

Edited by Hassanali Mehran

Washington, D.C.: International Monetary Fund, 1985. Pp. v, 322.

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Adjustment, Conditionality, and International Financing

Edited by Joaquin Muns

Washington, D.C.: International Monetary Fund, 1984. Pp. xi, 214.

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Non-Appearance Before the International Court of Justice

By H.W.A. Thirlway

Cambridge: Cambridge University Press, 1985. Pp. v, 184.

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William Sheppard, Cromwell's Law Reformer

By Nancy L. Matthews

London: …

Introduction: Is Cultural Criticism Possible?, James Boyd White

Michigan Law Review

It is by now something of a truism that the abstract and conceptual modes of discourse that have dominated our intellectual life in the past century have led to a rather reduced and schematic view of law. Moved by the desire to talk about social institutions in a neutral and scientific way, scholars beginning at least with John Austin have sought to define law as a set of rules, promulgated by a sovereign and addressed to the behavior of subject individuals, all in an attempt to isolate legal phenomena from their context for scientific study. Rules, on this view, are …

Moral Discourse And Family Law, Lee E. Teitelbaum

Michigan Law Review

It seems appropriate in the early stages of an experiment in legal publishing to say something about it, if only because few forms have been as resistant to innovation as the law review. The creation of a section for correspondence regarding recent articles provides a medium for conducting just the national discourse which scholarship aspires to provoke and which does occur in private conversations or letters and, occasionally, in panels at professional meetings. To talk in print about a colleague's work - to praise it, qualify it, pursue suggested or alternate lines of thought - is not only an enjoyable …

Free Speech And Public Education: An Overview Of Legal, Social, And Political Issues Symposium On Education Law., Ralph D. Mawdsley, Steven Permuth

St. Mary's Law Journal

Abstract Forthcoming.

Education - Title Ix - Receipt By Private College Students Of Basic Educational Opportunity Grants Constitutes Federal Financial Assistance To The Specific Program Benefited Thereby Requiring Compliance With Title Ix Symposium On Education Law - Case Note., John F. Carroll

St. Mary's Law Journal

Abstract Forthcoming.

Renaissance In American Education: The New Role Of The Federal Government - Foreword Symposium On Education Law - Foreword., T.H. Bell

St. Mary's Law Journal

Abstract Forthcoming.

Interrelationship Of Tort Liability, Governmental Immunity, And The Civil Rights Statutes Symposium On Education Law., Kelly Frels, Jeffrey J. Horner

St. Mary's Law Journal

Abstract Forthcoming.

Student Competency Testing In Texas Symposium On Education Law., Ellen Smith Pryor

St. Mary's Law Journal

Abstract Forthcoming.

Issues In School Asbestos Hazard Abatement Litigation Symposium On Education Law - Comment., John P. Kincade

St. Mary's Law Journal

Abstract Forthcoming.

Introduction To Education Symposium Symposium On Education Law - Introduction., Mark G. Yudof

St. Mary's Law Journal

Abstract Forthcoming.

Teacher Termination And Nonrenewal In Texas Public Schools Symposium On Education Law., William T. Armstrong, Rosemary L. Hollan

St. Mary's Law Journal

Abstract Forthcoming.

New Jersey V. T.L.O.: The Supreme Court's Lesson On School Searches Symposium On Education Law., Gerald S. Reamey

St. Mary's Law Journal

Considerable disagreement persists as to the fourth amendment rights of students within schools. Particularly, this disagreement regards the extent to which fourth amendment rights possessed by students may frustrate reasonable attempts by educators to maintain the order necessary to preserve an educational environment. In New Jersey v. T.L.O., the Supreme Court considered an argument advanced by the State of New Jersey that the “pervasive supervision” of school children diminishes the legitimate expectation of privacy a child may have in property “unnecessarily” brought to school. The Court concluded that the necessity of maintaining security and order in the educational environment was …