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Articles 13621 - 13650 of 14483

Full-Text Articles in Law

Cancellation Of Water Rights In Texas: Use It Or Lose It., R. Lambeth Townsend Jan 1986

Cancellation Of Water Rights In Texas: Use It Or Lose It., R. Lambeth Townsend

St. Mary's Law Journal

It is the constitutional duty of the State of Texas to conserve and develop the state’s water resources. Texas effectuates water conservation and utilization through its system of granting and administering rights for the beneficial use of the state’s water. The Supreme Court of Texas concluded the state can further conserve water by cancelling appropriations not beneficially used to the limit provided in the permit, certified filing, or certificate of adjudication. Cancellation of unused water rights enables the Water Commission to make water available for beneficial use by others. Only by the beneficial use of water can the state obtain …

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Texas' Interstate Water Compacts., Paul Elliott Jan 1986

Texas' Interstate Water Compacts., Paul Elliott

St. Mary's Law Journal

Abstract Forthcoming.

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The Continuing Voids In Texas Groundwater Law: Are Concepts And Terminology To Blame., Corwin W. Johnson Jan 1986

The Continuing Voids In Texas Groundwater Law: Are Concepts And Terminology To Blame., Corwin W. Johnson

St. Mary's Law Journal

Abstract Forthcoming.

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The Best Evidence Article Of The Texas Rules Of Evidence., Olin Guy Wellborn Iii Jan 1986

The Best Evidence Article Of The Texas Rules Of Evidence., Olin Guy Wellborn Iii

St. Mary's Law Journal

Abstract Forthcoming.

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Discovery And Sanctions For Discovery Abuse., Joe K. Longley, Mark L. Kincaid Jan 1986

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

St. Mary's Law Journal

Abstract Forthcoming.

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Take-Or-Pay Provisions: Major Problems For The Natural Gas Industry Comment., David L. Roland Jan 1986

Take-Or-Pay Provisions: Major Problems For The Natural Gas Industry Comment., David L. Roland

St. Mary's Law Journal

A prompt solution to the take-or-pay problem is vital to the survival of the natural gas industry. Due to the increasingly turbulent and unpredictable natural gas market, most natural gas producers include a take-or-pay provision in their gas purchase contracts. Take-or-pay provisions require a pipeline company to either take an amount of natural gas from the producer or the company must pay for the specified amount. The market, however, has changed and the demand for natural gas declined. The demand can be partly attributed to the energy crisis of a decade ago. As a result of the crisis, consumers are …

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The Profession As A Moral Teacher Legal Essay., Thomas Shaffer Jan 1986

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

St. Mary's Law Journal

Abstract Forthcoming.

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Article 38.071 Of The Texas Code Of Criminal Procedure: A Legislative Response To The Needs Of Children In The Courtroom Comment., Beth Mcallister Jan 1986

Article 38.071 Of The Texas Code Of Criminal Procedure: A Legislative Response To The Needs Of Children In The Courtroom Comment., Beth Mcallister

St. Mary's Law Journal

Abstract Forthcoming.

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The Vestiges Of The Texas Employment At-Will Doctrine In The Wake Of Progressive Law: The Employment Handbook Exception Comment., Brian Kennington Lowry Jan 1986

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, …

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Styles Of Law And The Attainment Of Social Justice, Richard O. Lempert, Joseph Sanders Jan 1986

Styles Of Law And The Attainment Of Social Justice, Richard O. Lempert, Joseph Sanders

Book Chapters

In the last chapter we focused on the meaning of legal autonomy and on the constituent elements of the ideal type. We noted two requisites for the autonomous application of law: judicial formalism and equal competence. But we also argued that the autonomous application of law does not guarantee that the law as applied will not perpetuate or advance socioeconomic differences. For applied law to be autonomous in this further sense, legal norms, in addition, must be status neutral, and the distribution of welfare in society must be such that the neutral norms do not disproportionately benefit some people. These …

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Boycott, Theodore J. St. Antoine Jan 1986

Boycott, Theodore J. St. Antoine

Book Chapters

A boycott is a group refusal to deal. Such concerted action is an effective way for society’s less powerful members,such as unorganized workers or racial minorities, to seek fair treatment in employment, public accommodations,and public services. But as the Supreme Court recognized in Eastern States Retail Lumber Dealers’ Association v.United States (1914): ‘‘An act harmless when done by one may become a public wrong when done by many acting in concert, for it then takes on the form of a conspiracy.’’

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A Primer On Trademarks And Service Marks., Lawrence E. Evans Jr. Jan 1986

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

St. Mary's Law Journal

Abstract Forthcoming.

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The Historical Background Of Texas Water Law - A Tribute To Jack Pope., Hans W. Baade Jan 1986

The Historical Background Of Texas Water Law - A Tribute To Jack Pope., Hans W. Baade

St. Mary's Law Journal

Abstract Forthcoming.

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Court-Sponsored Custody Mediation To Prevent Parental Kidnapping: A Disarmament Proposal Comment., Sue T. Bentch Jan 1986

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. …

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A Comment On Religious Convictions And Lawmaking, John H. Garvey Jan 1986

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.

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Introduction: Is Cultural Criticism Possible?, James Boyd White Jan 1986

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 …

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Trial Court Jurisdiction And Control Over Judgments., David Peeples Jan 1986

Trial Court Jurisdiction And Control Over Judgments., David Peeples

St. Mary's Law Journal

Abstract Forthcoming.

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Collecting Attorney Fees From The Government In Tax Litigation: An Analysis Of The Winners And Prospects For The Future., Craig J. Langstraat Jan 1986

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.

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Protecting The Record For Appeal: A Reference Guide In Texas Civil Cases., David E. Keltner, Melinda R. Burke Jan 1986

Protecting The Record For Appeal: A Reference Guide In Texas Civil Cases., David E. Keltner, Melinda R. Burke

St. Mary's Law Journal

Abstract Forthcoming.

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An Employer's Intentional Failure To Maintain A Safe Work Place Is Not An Intentional Act Unless The Employer Is Substantially Certain That Such Conduct Would Cause The Injury., David S. Goldberg Jan 1986

An Employer's Intentional Failure To Maintain A Safe Work Place Is Not An Intentional Act Unless The Employer Is Substantially Certain That Such Conduct Would Cause The Injury., David S. Goldberg

St. Mary's Law Journal

Abstract Forthcoming.

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Environmental Significance Of Instream Flows., James W. Johnston Jan 1986

Environmental Significance Of Instream Flows., James W. Johnston

St. Mary's Law Journal

Abstract Forthcoming.

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Gift, Sale, Payment, Raid: Case Studies In The Negotiation And Classification Of Exchange In Medieval Iceland, William I. Miller Jan 1986

Gift, Sale, Payment, Raid: Case Studies In The Negotiation And Classification Of Exchange In Medieval Iceland, William I. Miller

Articles

Near the end of Eyrbyggja saga Porir asks Ospak and his men where they had gotten the goods they were carrying. Ospak said that they had gotten them at Pambardal. "How did you come by them?" said Porir. Ospak answered, "They were not given, they were not paid to me, nor were they sold either." Ospak had earlier that evening raided the house of a farmer called Alf and made away with enough to burden four horses. And this was exactly what he told Porir when he wittily eliminated the other modes of transfer by which he could have acquired …

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The Quiet Revolution In The American Law Proffesion: Remarks Before The Commission On Professionalism Of The American Bar Association, Peter Megargee Brown Jan 1986

The Quiet Revolution In The American Law Proffesion: Remarks Before The Commission On Professionalism Of The American Bar Association, Peter Megargee Brown

Fordham Urban Law Journal

This Speech discusses the decline of the law profession in its commitment to public service. It analyzes the reasons as to why the practice of law has evolved from a profession once thought to epitomize professionalism into one that does not seem much different from other businesses. It discusses the consequences of such a reality. The author suggests measures that the American Bar Association should employ to ameliorate the effects of this reality and outlines steps it should take to help restore the high level of professionalism to the industry.

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Introduction To Education Symposium Symposium On Education Law - Introduction., Mark G. Yudof Dec 1985

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

St. Mary's Law Journal

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Teacher Termination And Nonrenewal In Texas Public Schools Symposium On Education Law., William T. Armstrong, Rosemary L. Hollan Dec 1985

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.

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A Survey Of The Texas Reform Package: House Bill No. 72 Symposium On Education Law., William C. Bednar Jr. Dec 1985

A Survey Of The Texas Reform Package: House Bill No. 72 Symposium On Education Law., William C. Bednar Jr.

St. Mary's Law Journal

Abstract Forthcoming.

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Interrelationship Of Tort Liability, Governmental Immunity, And The Civil Rights Statutes Symposium On Education Law., Kelly Frels, Jeffrey J. Horner Dec 1985

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.

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Student Competency Testing In Texas Symposium On Education Law., Ellen Smith Pryor Dec 1985

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

St. Mary's Law Journal

Abstract Forthcoming.

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New Jersey V. T.L.O.: The Supreme Court's Lesson On School Searches Symposium On Education Law., Gerald S. Reamey Dec 1985

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 …

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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 Dec 1985

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.

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