Law Commons^™

Texas Annual Survey: Securities Regulation, George Lee Flint Jr

Faculty Articles

The definitions, especially those relating to the issues of what constitutes a security, who may recover, and the territorial reach, determine the scope of the securities acts. The Fifth Circuit issued one decision concerning standing to sue under section 11 of the Securities Act of 1933.

The State Securities Board amended its form for public information charges and billing detail to reflect current fees for public information established by the Texas Building and Procedures Commission. The Board adopted new rules reorganizing the exemption for sales to financial institutions and certain institutional investors under the Texas Securities Act (“TSA”) and reconsidered …

Americans Abroad: International Educational Programs And Tort Liability, Vincent R. Johnson

Faculty Articles

In recent decades, the number of foreign programs operated by American colleges and universities has greatly expanded. Until recently, there were few reported cases involving claims arising from foreign educational ventures. However, the increase in international study abroad programs has been paralleled by an increase in tort claims. Additionally, because of the tendency of tort cases to be settled, the number of unreported cases, based on harm to students participating in study abroad programs, may be considerably larger than what appears in legal research databases.

Given the high cost of potential litigation, a program provider has no choice but to …

Criminal Procedure Rules Pending Public Comment, David A. Schlueter

Faculty Articles

No abstract provided.

Contractors On The “Battlefield”: Providing Adequate Protection, Anti-Terrorism Training, And Personnel Recovery For Civilian Contractors Accompanying The Military In Combat And Contingency Operations, Jeffrey F. Addicott

Faculty Articles

American civilian employees serving overseas in hostile environments are dying because their parent companies and the U.S. military are failing to provide adequate protection, antiterrorism (“AT”) training, or both. Contractors must be properly informed, trained, and equipped not only to understand their own rights and obligations, but also to understand those of the U.S. military and the parent contractor company because of the physical dangers inherent in such asymmetrical conflicts. Specified AT training is not a mandatory component of contractor deployment, leaving many contract personnel ill-prepared and under-equipped to operate in locations plagued by the threat of car bombs, suicide …

Regulating Lobbyists: Law, Ethics, And Public Policy, Vincent R. Johnson

Faculty Articles

Though lobbyists have an ancient lineage and constitutional pedigree arising out of the constitutional right to petition government and to hire surrogates to do so, some types of lobbying can have detrimental effects on the performance of public duties, diminishing public confidence in government and weakening our democracy. However, in remediating these problems, we can look to tools already in existence and employed across the nation, rather than developing radically innovative solutions. The debate over how to regulate lobbyists is politically charged and bewildering; however, by augmenting present rules, the goal of greater lobbyist regulation can be achieved without reinventing …

Tribute, Rehnquist, Innsbruck, And St. Mary’S University, Vincent R. Johnson

Faculty Articles

William H. Rehnquist served as the seventeenth Chief Justice of the United States. During this time, the Chief Justice taught for St. Mary’s University School of Law over four summers, two weeks each July in 1991, 1994, 1998, and 2000. Chief Justice Rehnquist lectured on the Supreme Court in United States History as part of the law school’s Institute on World Legal Problems in Innsbruck, Austria. Chief Justice Rehnquist felt welcome in Innsbruck, and had earned the St. Mary’s faculty’s fond regard and the students’ admiration.

The memories of the summers spent in Innsbruck with Chief Justice Rehnquist are shared …