Law Commons^™

Board Of Education V. Pico: School Library Book Removal And The First Amendment Symposium - Selected Topics On Constitutional Law - Comment., Kelsey Menzel

St. Mary's Law Journal

Abstract Forthcoming.

Turning The Gun On Tort Law: Aiming At Courts To Take Products Liability To The Limit., Donald E. Santarelli, Nicholas E. Calio

St. Mary's Law Journal

Abstract Forthcoming.

Profits Derived From Racketeering Activity Are Forfeitable Interests Under 18 U.S.C. Section 1963., William Maines

St. Mary's Law Journal

Abstract Forthcoming.

A Theory Of Equal Protection Symposium - Selected Topics On Constitutional Law., David A. Dittfurth

St. Mary's Law Journal

Equal protection must prohibit arbitrary governmental classifications or differentiation. The Supreme Court is a unique authority because of its power to create constitutional law and because of its symbolic position in this society as a bearer of the Constitution as aegis. The Fourteenth Amendment, which is derived from the Equal Protection Clause, is one of the most important areas of constitutional law. Governmental decisionmakers must consider equal protection doctrine since they are frequently required to discriminate among those arguably qualified in order to determine who should bear the burden of governmental action or receive the benefits of governmental largess. A …

The Fairness Doctrine: Protection For A Scarce Public Resource Symposium - Selected Topics On Constitutional Law - Comment., Constance Sheppard

St. Mary's Law Journal

Abstract Forthcoming.

United States Research Of The Law Of The Communist-Ruled States Of Europe, Ivan Sipkov

Vanderbilt Journal of Transnational Law

The legal system of the Soviet Union, developed after the 1917 October Revolution, was introduced, with some variations, in several European, Asian, and Latin American states during the last years of World War II. These states have been characterized, both officially and unofficially, as "Soviet-type republics," "People's republics," "Socialist republics," and "Communist states." Their legal systems, although patterned after the Soviet Union legal system, developed in different directions. Today, the various legal systems of these republics are clearly distinguishable; however, one common feature is present: the states are ruled by one Communist party to the exclusion of other parties.

Why Lawyers Should Be Allowed To Advertise: A Market Analysis Of Legal Services , Geoffrey C. Hazard Jr., Russell G. Pearce, Jeffrey W. Stempel

Faculty Scholarship

Last August, the American Bar Association adopted the Model Rules of Professional Conduct which significantly altered the ABA' position on lawyer advertising. It is still unclear how the states will respond to the ABA's new position, and the debate about the propriety of lawyer advertising continue. In the authors' view, both sides of the debate have overlooked an important point: For purposes of analyzing the advertising problem, legal services are of two types, and the effect of advertising on the legal services market will vary with the type of service involved."Individualized" services involve legal matters that pose a significant risk …

Is Equality A Totally Empty Idea?, Anthony D'Amato

Michigan Law Review

Professor Peter Westen's essay asserting that the concept of equality has no substantive content whatsoever usefully brushes aside much of the equal-protection rhetoric that, as Westen carefully explains, appropriately belongs to substantive due process. However, his absolutist position is open to challenge. I would like to posit one hypothetical case that I used in my classes when I taught Constitutional Law that I think contradicts Professor Westen's thesis. If it does, then there will be other cases as well, and his position cannot stand as the logically tight construct that he repeatedly asserts that it is.

The Meaning Of Equality In Law, Science, Math, And Morals: A Reply, Peter Westen

Michigan Law Review

I shall set forth my thesis in Part I, using the Declaration of Independence ("all men are created equal") to illustrate that the emptiness of equality inheres in its very meaning, and that the confusions of equality result from neglecting its meaning. In Part II, I respond to Professors Chemerinsky's and D' Amato's reasons for believing that equality has independent normative content of its own. In Part III, I respond to Professor Chemerinsky's separate reasons for believing that equality is rhetorically useful.

Legality, Bureaucracy, And Class In The Welfare System, William H. Simon

Faculty Scholarship

When lawyers confronted the welfare system in the 1960's, they charged it with oppressive moralism, personal manipulation, and invasion of privacy. They focused attention on the "man-in-the-house" rules that disqualified families on the basis of the mother's sexual conduct and the "midnight raids" in which welfare workers forced their way into recipients' homes searching for evidence of cohabitation.

When I represented welfare recipients from 1979 to 1981, the workers showed little interest in policing their morals or intruding on their private lives. The "man-in-the-house" rule and the practice of unannounced or nighttime visits had been repudiated. Yet the pathologies emphasized …

Libel Litigation In Texas: The Plaintiff's Perspective., Mary A. Sprague Langston

St. Mary's Law Journal

Abstract Forthcoming.

The New Property Tax Code And Perfecting The Appeal: The Taxpayer's Perspective., Edward Kliewer Iii

St. Mary's Law Journal

Abstract Forthcoming.

Texas Asbestos Claims And Market Share Liability: New Remedy For An Old Tort., John B. Mileno Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Workplace Safety - The Prophylactic And Compensatory Rights Of The Employee., Gary A. Scarzafava

St. Mary's Law Journal

Abstract Forthcoming.

Section 7 Of The Clayton Act Applies To Banks And Bank Holding Company Mergers., Terry E. Mitchell

St. Mary's Law Journal

Abstract Forthcoming.

Barefoot V. Estelle, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Methodological Issues In The Evaluation Of "Experiments" With Cameras In The Courts, Dan Slater, Valerie P. Hans

Cornell Law Faculty Publications

Evaluations of "experiments" of extended media coverage of the courts, i.e., cameras in the courts, have relied upon survey research. The authors argue that such evaluations have been inadequate and future evaluations need to compare conventional media coverage vs. extended media coverage using field experimental research designs.

Evolution Of The Crude Oil Windfall Profit Tax - An Examination Of Recent Changes Symposium - Selected Topics On Oil And Gas Law., Paul Mangum

St. Mary's Law Journal

Abstract Forthcoming.

The Constitutional Redefinition Of Texas Matrimonial Property As It Affects Antenuptial And Interspousal Transactions Symposium - Texas Community Property Law In Transition., Joseph W. Mcknight

St. Mary's Law Journal

Abstract Forthcoming.

Fitting A Round Peg Into A Square Hole: Section 3.63, Texas Family Code And The Marriage That Crosses State Liens Symposium - Texas Community Property Law In Transition., James D. Stewart, Richard R. Orsinger

St. Mary's Law Journal

Abstract Forthcoming.

Mccarty V. Mccarty: The Moving Target Of Federal Pre-Emption Threatening All Non-Employee Spouses Symposium - Texas Community Property Law In Transition., Louise B. Raggio, Kenneth G. Raggio

St. Mary's Law Journal

Abstract Forthcoming.

Electronic Piracy: Can The Cable Television Industry Prevent Unauthorized Interception., Kevin W. Grillo

St. Mary's Law Journal

The FCC and Congress have failed to enact specific regulations regarding unauthorized interception of cable television. This lack of regulation concerning electronic piracy has allowed entrepreneurs to develop means of intercepting cable television signals without compensation to the transmitting companies. The cable television industry has lost a significant portion of income through unauthorized interception of cable television. As the cable television industry continues to expand, the problem of electronic piracy of cable television signals will intensify. This has forced the cable television industry to seek varied legal solutions to resolve the problem. Although the cable television industry has found effective …

The Duty To Warn And Instruct For Safe Use In Strict Tort Liability Symposium - Texas Community Property Law In Transition., James B. Sales

St. Mary's Law Journal

Abstract Forthcoming.

Article 7.12 Of The Texas Business Corporation Act Is The Exclusive Expression Of The Trust Fund Theory In Texas Case Note., Drew R. Fuller Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Federal Conviction For Offense Not Constituting Felony Under Texas Law May Be Used To Enhance Punishment Under Section 12.42 Of Texas Penal Code When Federal Conviction In Punishable By Possible Confinement In Prison., Leo D. Figueroa

St. Mary's Law Journal

Abstract Forthcoming.

Two Year Limitations Period Applicable To Texas General Fraud Statute Applies To 10b-5 Actions When Texas In Forum State And Cause Of Action Accrued Prior To 1977., Richard M. Mosher

St. Mary's Law Journal

Abstract Forthcoming.

Section 312(A)(7) Of Federal Communications Act Provides Affirmative Right Of Individual Access To Broadcast Time For Federal Political Candidates., Phylis J. Speedlin

St. Mary's Law Journal

Abstract Forthcoming.

Possession Or Delivery Of Drug Paraphernalia Is Prohibited., John B. Milano Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Practice Before The Oil And Gas Division Of The Railroad Commission Of Texas Symposium - Selected Topics On Oil And Gas Law., Frank Douglass

St. Mary's Law Journal

Abstract Forthcoming.

Multiple Uses And Conflicting Rights Symposium - Selected Topics On Oil And Gas Law., Guy L. Nevill

St. Mary's Law Journal

Abstract Forthcoming.