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Articles 211 - 239 of 239
Full-Text Articles in Law
Securities Regulation, George L. Flint Jr.
Securities Regulation, George L. Flint Jr.
SMU Annual Texas Survey
No abstract provided.
Taxation, Cynthia M. Ohlenforst, Sam Megally, William J. Ledoux, Reese Brammell
Taxation, Cynthia M. Ohlenforst, Sam Megally, William J. Ledoux, Reese Brammell
SMU Annual Texas Survey
No abstract provided.
Recent Development: Counts V. State: Absent The Defendant's Consent, The State May Not Amend The Charging Document If The Amendment Changes The Character Of The Offense, Kristin E. Shields
Recent Development: Counts V. State: Absent The Defendant's Consent, The State May Not Amend The Charging Document If The Amendment Changes The Character Of The Offense, Kristin E. Shields
University of Baltimore Law Forum
The Court of Appeals of Maryland held that amending a charge from theft of property “with a value of less than $1,000” to theft of property “with a value of at least $1,000 but less than $10,000” without the defendant’s consent changed the character of the offense. Counts v. State, 444 Md. 52, 55, 118 A.3d 894, 895 (2015). Therefore, the court held that such action was prejudicial per se because it interfered with the defendant’s right to defend himself by not giving notice of the exact charges against him, thereby violating Maryland Rule 4-204.
Recent Development: Sieglein V. Schmidt: Pursuant To § 1-206(B) Of The Estates And Trusts Article, Artificial Insemination Encompasses In Vitro Fertilization Using Donated Sperm; A Court May Use The Goldberger Factors To Determine Voluntary Impoverishment; A Trial Court Can Issue A Permanent Injunction For Harassment Based On § 1-203(A) Of The Family Law Article., Virginia J. Yeoman
University of Baltimore Law Forum
The Court of Appeals of Maryland held that the term “artificial insemination” includes in vitro fertilization using donated sperm, and that a consenting husband is presumed to be the father of the child born as a result of the procedure. Sieglein v. Schmidt, 447 Md. 647, 652, 136 A.3d 751, 754 (2016). The court also held that the circuit court did not abuse its discretion in finding the husband to be voluntarily impoverished or in issuing a permanent injunction based on harassment. Id.
The Case For Lgbt Equality: Reviving The Political Process Doctrine And Repurposing The Dormant Commerce Clause, Terri R. Day, Danielle Weatherby
The Case For Lgbt Equality: Reviving The Political Process Doctrine And Repurposing The Dormant Commerce Clause, Terri R. Day, Danielle Weatherby
Brooklyn Law Review
As a reaction to the Supreme Court’s historic marriage equality decision earlier this summer, many Southern state legislators opposing the trend toward LGBT-protective laws have proposed legislation that would essentially prohibit municipalities from carving out new antidiscrimination protections for the LGBT community. Conservative Senator Bart Hester spearheaded the passing of one of these “anti” antidiscrimination laws in Arkansas, and states like Texas, West Virginia, Michigan, and Oklahoma are not far behind. These “Hester-type laws” are strikingly similar to the Colorado amendment struck down by the Romer v. Evans Court 20 years ago. Both the Colorado amendment and the new wave …
The Making Of A Judge's Judge: Judith S. Kaye's 1987 Cardozo Lecture, Henry M. Greenberg
The Making Of A Judge's Judge: Judith S. Kaye's 1987 Cardozo Lecture, Henry M. Greenberg
Brooklyn Law Review
This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.
Judge Judith Kaye At Skadden, Arps, Barry H. Garfinkel
Judge Judith Kaye At Skadden, Arps, Barry H. Garfinkel
Brooklyn Law Review
This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.
A Tribute To Chief Judge Judith S. Kaye, Hon. Janet Difiore
A Tribute To Chief Judge Judith S. Kaye, Hon. Janet Difiore
Brooklyn Law Review
This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.
Miscarriage Of Justice: The Cognizability Of § 2255 Claims For Erroneous Career Offender Sentences, Matthew B. Rosenthal
Miscarriage Of Justice: The Cognizability Of § 2255 Claims For Erroneous Career Offender Sentences, Matthew B. Rosenthal
Georgia Law Review
Career offender sentencing enhancements present difficult questions for courts. One of the most difficult of these questions is deciding what crimes warrant the application of these serious enhancements. Federal courts sentencing defendants often must decide, with little guidance, what offenses constitute a "crime of violent" or "violent felony." On a few occasions, the Supreme Court has stepped in and told lower courts that certain crimes do not fit within these categories, and that their interpretation of the career offender enhancement is incorrect. Often, the recognition of this misapplication of the enhancements occurs years after an individual defendant has been convicted, …
Legislative Atrophy, Jesse Panuccio
Probating Prince’S Estate: Who Will End Up With The Singer’S Substantial Intellectual Property?, J. Gordon Hylton
Probating Prince’S Estate: Who Will End Up With The Singer’S Substantial Intellectual Property?, J. Gordon Hylton
Cybaris®
No abstract provided.
Black-Box Immigration Federalism, David S. Rubenstein
Black-Box Immigration Federalism, David S. Rubenstein
Michigan Law Review
In Immigration Outside the Law, Hiroshi Motomura confronts the three hardest questions in immigration today: what to do about our undocumented population, who should decide, and by what legal process. Motomura’s treatment is characteristically visionary, analytically rich, and eminently fair to competing views. The book’s intellectual arc begins with its title: “Immigration Outside the Law.” As the narrative unfolds, however, Motomura explains that undocumented immigrants are “Americans in waiting,” with moral and legal claims to societal integration.
A Law And Economics Analysis Of The Duty Of Utmost Good Faith (Uberrimae Fidei) In Marine Insurance Law For Protection And Indemnity Clubs., Elizabeth Germano
A Law And Economics Analysis Of The Duty Of Utmost Good Faith (Uberrimae Fidei) In Marine Insurance Law For Protection And Indemnity Clubs., Elizabeth Germano
St. Mary's Law Journal
Writing for the Supreme Court in The Lottawanna in 1875, Justice Joseph P. Bradley envisioned federal and state regulation of maritime affairs as “a system of law coextensive with, and operating uniformly in, the whole country.” He thought state involvement in maritime law defeated the consistency and uniformity the Constitution sought to achieve for interstate and international commerce. Over 100 years later, Justice Antonin Scalia, describing the current relationship between state and federal regulation in the admiralty arena, stated: “It would be idle to pretend that the line separating permissible from impermissible state regulation is readily discernible in our admiralty …
Texas's Excessive Demand Doctrine Impacts Recoveries In Litigation., Stephanie M. Green
Texas's Excessive Demand Doctrine Impacts Recoveries In Litigation., Stephanie M. Green
St. Mary's Law Journal
A party demanding money they are not entitled to becomes subject to the excessive demand doctrine. Because the excessive demand doctrine is an affirmative defense, a defending party must allege its claim of excessive demand in its pleadings. A party must “plead it, prove it, and obtain findings of fact on its essential elements.” To obtain findings on the issue, both the pleadings and the evidence are required to put a question or instruction before the jury. Ensuring that the evidence is enough depends upon the trial court—whose judgment will only be overturned upon a showing of an abuse of …
The Admissibility Of Aerial Photographs - Evidentiary Foundations., Kristopher R. Hufstetler
The Admissibility Of Aerial Photographs - Evidentiary Foundations., Kristopher R. Hufstetler
St. Mary's Law Journal
Services such as Google Maps and MapQuest significantly impact how consumers use the Internet. For as much as they contribute to Internet use, issues arise concerning the use of satellite images and aerial photographs in the context of litigation. Historical concerns about satellite and aerial imagery typically involved expectations of privacy and the application of the Fourth Amendment. Courts and citizens alike express concern with when and where privacy ends with respect to aerial views. Concerns as to the admissibility of aerial photographs have also been prominent. Specifically, interest in admissibility of these photographs focuses on sufficiency, relevance, and accuracy. …
Bridge Over Troubled Waters: Resolving The Ri Grande (Rio Bravo) Water Dispute., Ruben R. Barrera, Dan A. Naranjo
Bridge Over Troubled Waters: Resolving The Ri Grande (Rio Bravo) Water Dispute., Ruben R. Barrera, Dan A. Naranjo
St. Mary's Law Journal
Abstract Forthcoming.
Suppressing The Truth: States' Purposeful Violation Of The Right Of No Cruel Or Unreal Punishment In Lethal Injection Executions., Nadine G. Rodriguez
Suppressing The Truth: States' Purposeful Violation Of The Right Of No Cruel Or Unreal Punishment In Lethal Injection Executions., Nadine G. Rodriguez
St. Mary's Law Journal
Abstract Forthcoming.
Interlocutory Appeals In Texas: A History, Elizabeth Lee Thompson
Interlocutory Appeals In Texas: A History, Elizabeth Lee Thompson
St. Mary's Law Journal
This Article delves into the evolution of Texas's interlocutory appeals statute with the related goals of tracing the expanding subject matter of interlocutory appeals and identifying what these changes reflect about legal priorities and developments in Texas since the late nineteenth century.
Restore The Republic: The Incompatibility Between The Taxpayer's Bill Of Rights And The Guarantee Clause, Joshua Pens
Restore The Republic: The Incompatibility Between The Taxpayer's Bill Of Rights And The Guarantee Clause, Joshua Pens
University of Colorado Law Review
No abstract provided.
Reclaiming The Right Of Beneficial Use, Abby Harder
Reclaiming The Right Of Beneficial Use, Abby Harder
University of Colorado Law Review
Under the doctrine of prior appropriation, those that divert and apply water resources to a beneficial use gain a future right of use. Further, individuals may contract with the federal Bureau of Reclamation (BOR) for the delivery of federal project water. Under either method, individuals are required to use their water appropriation for a beneficial purpose to acquire and maintain their rights of use. What constitutes a beneficial purpose or a beneficial use of water resources has traditionally been defined by state law. Following some states’ legalization of marijuana, the BOR announced a new policy with regard to water use, …
The Dilemma Of Interpreting Rules Of Civil Procedure: A Proposal For Elastic Formalism., L. Wayne Scott
The Dilemma Of Interpreting Rules Of Civil Procedure: A Proposal For Elastic Formalism., L. Wayne Scott
St. Mary's Law Journal
When lawyers are well prepared, know the law, present the law, and have it ignored by judges who interpret the law in their own way, it can be frustrating. When courts publish opinions embodying this attitude, students, too, become frustrated or conclude that the law is whatever judges decide it should be. This Article does not focus on unethical judges who decide cases with wrong motives but, rather, it focuses on ethical judges who are faced with “hard” cases and have the dilemma of deciding the case, either by the rule or by the judge’s concept of fairness. In both …
Use It Or Lose It: Grappling With Classification Of Post-Petition Sale Proceeds Under Chapter Seven Bankruptcy For Consumer Debtors In The Lone Star State., Danielle Nicole Rushing
Use It Or Lose It: Grappling With Classification Of Post-Petition Sale Proceeds Under Chapter Seven Bankruptcy For Consumer Debtors In The Lone Star State., Danielle Nicole Rushing
St. Mary's Law Journal
Texas affords consumer debtors some of the most generous state bankruptcy exemptions in the United States. This includes the homestead exemption, which permits consumer debtors to exempt a homestead of unlimited value from forced sale, subject to certain enumerated exceptions. Bankruptcy courts throughout the state are grappling with how to characterize proceeds from the sale of an exempted homestead once a consumer debtor files a Chapter Seven bankruptcy petition. Specifically, courts consider whether a debtor may personally retain funds from the sale of a homestead or whether a Chapter Seven Trustee should receive the sale proceeds on behalf of the …
Roe As We Know It, Cary Franklin
Roe As We Know It, Cary Franklin
Michigan Law Review
The petitioners in last year’s historic same-sex marriage case cited most of the Supreme Court’s canonical substantive due process precedents. They argued that the right of same-sex couples to marry, like the right to use birth control and the right to guide the upbringing of one’s children, was among the liberties protected by the Fourteenth Amendment. The Court in Obergefell v. Hodges agreed, citing many of the same cases. Not once, however, did the petitioners or the majority in Obergefell cite the Court’s most famous substantive due process decision. It was the dissenters in Obergefell who invoked Roe v. Wade.
The Ethics Of Inter Partes Review Before The Uspto., Dorian Ojemen
The Ethics Of Inter Partes Review Before The Uspto., Dorian Ojemen
St. Mary's Law Journal
Abstract Forthcoming.
Ford V. State: Texas Forces A Resolution In The Cell Site Location Information Debate., Brandon J. Grable
Ford V. State: Texas Forces A Resolution In The Cell Site Location Information Debate., Brandon J. Grable
St. Mary's Law Journal
Abstract Forthcoming.
When Fantasy Becomes Reality: Attempts To Regulate The Highly Unregulated Daily Fantasy Sports Industry., Garrett Greene
When Fantasy Becomes Reality: Attempts To Regulate The Highly Unregulated Daily Fantasy Sports Industry., Garrett Greene
St. Mary's Law Journal
Legislation is beginning to creep into the once safeguard-devoid sphere of the daily fantasy sports industry. Daily fantasy sports are a subset of traditional season-long fantasy sports and are immensely lucrative, yet there are hardly any standard regulations. Ironically, the Unlawful Internet Gambling Enforcement Act (UIGEA) of 2006, which was used to outlaw online poker gambling, paved the way for daily fantasy sports, because it federally exempted fantasy sports from being classified as illegal sports gambling. The UIGEA further protects daily fantasy sports from the Professional and Amateur Sports Prohibition Act (PASPA) of 1992 which prohibits states from sponsoring sports …
X-Factoring: Why The Texas Supreme Court Should Revisit Its Examination Of Paid Or Incurred Medical Expenses, Zachary J. Lee
X-Factoring: Why The Texas Supreme Court Should Revisit Its Examination Of Paid Or Incurred Medical Expenses, Zachary J. Lee
St. Mary's Law Journal
Abstract forthcoming.
Filming The Police: An Interference Or A Public Service, Aracely Rodman
Filming The Police: An Interference Or A Public Service, Aracely Rodman
St. Mary's Law Journal
Abstract forthcoming.
Time To Repair The Chain: Void Deeds, Subsequent Purchasers, And The Texas Recording Statutes, Richard E. Flint
Time To Repair The Chain: Void Deeds, Subsequent Purchasers, And The Texas Recording Statutes, Richard E. Flint
St. Mary's Law Journal
Abstract forthcoming.