Law Commons^™

A General Power Of Appointment Created After 1942 By The Will Of The Donor Is Taxable To The Estate Of The Donee Without Regard To Probate Of Donor's Will Where The Donor And Donee Were Killed Simultaneously Under Circumstances Where The Survivor Could Not Be Determined., Charles R. Billings Dec 1971

A Group Of Consumers Who Have Bought Merchandise Under Installment Contracts May Maintain A Class Action Seeking Recission Of The Contracts For Fraudulent Misrepresentations On Behalf Of Themselves And Others Similarly Situated., John E. Murphy Dec 1971

The Reasonable Necessity Limitation Extends To The Superadjacent Air Space And The Reasonableness Of A Surface Use By The Lessee Is To Be Determined By A Consideration Of The Circumstances Of Both The Mineral Lessee And The Owner Of The Surface Estate, But The Issue Is Not A Question Of Inconvenience To The Surface Owner., Peter R. Tinsley Dec 1971

A Riparian Owner Can Be Divested Of The Right To The Use Of The Water Flowing By His Land For Failure To Timely File For A Permit With The Texas Water Rights Commission., Robert L. Galligan Dec 1971

A Study In The Treatment Of Crime And Law Enforcement In The United States As Compared To The European Countries., George E. Glos Dec 1971

The Texas Aeronautics Commission And Its Rate Regulating Function., Richard Gary Thomas Dec 1971

The Mere Announcement Of Impending Condemnations, Coupled As It May Well Be With Substantial Delay And Damage, Does Not, In The Absence Of Other Acts Which May Be Translated Into An Exercise Of Dominion And Control By The Condemning Authority, Constitute A Taking So As To Warrant Awarding Compensation., Shelby A. Jordan Dec 1971

1) A Child Beneath The Age Of Five Charged With Contributory Negligence Cannot Be Negligent As A Matter Of Law; 2) A Defendant Is Entitled To A Definition And Explanatory Charges Of Unavaoidable Accident By Reason Of The Child Plaintiff Being Incapable Of Negligence; 3) Sole Proximate Cause Is Immaterial To The Function Of The Sudden Emergency Doctrine; 4) Unavoidable Accident And Sudden Emergency Are No Longer Subject To Special Issue Submission., Herbert E. Dickey Jr. Dec 1971

Constitutional And Statutory Provisions Concerning Voter Qualifications As Consistently Construed By Texas Decisions, Do Not Violate But Strengthen The Equal Protection Clause Of The Fourteenth Amendment., Allen Cazier Dec 1971

A Public School Financing System Which Relies Heavily On Local Property Taxes And Causes Substantial Disparities Among Individual School Districts In The Amount Of Revenue Available Per Pupil For The District's Educational Grants Invidiously Discriminates Against The Poor And Violates The Equal Protection Clause Of The Fourteenth Amendment., Lawrence J. Blume Dec 1971

Puritan, Indian, And Agrarian: A Critical Essay On The History Of Law, Environmental Values, And Rhetorical Strategy., Rennard Strickland Dec 1971

When A Specific Governmental Function Is Carried Out By Heavily Subsidized Private Firms Or Individuals Whose Freedom Of Decision-Making Has, By Contract And The Reserved Governmental Power Of Continuing Oversight, Been Circumscribed Substantially More Than That Generaly Accorded An Independent Contractor, The Coloration Of State Action Fairly Attaches - As Far As These Tenants Were Concernced, The Landlord Could Not Evict Them For Exercising Their First Amendment Rights., Lawrence E. Noll Dec 1971

Remanding An In-Service Conscientious Objector Case To The Military: Use Or Abuse Of The Power To Remand., Jerry G. Duterroil Dec 1971

The Duty Of The State Is To Act At Once To Eliminate By Positive Means All Vestiges Of The Dual School Structure And To Compensate For The Abiding Scars Of Past Discrimination., David B. Lobingier Dec 1971

A Defendant's Testimony, Which Is Expounded On Direct Examination Or Elicited On Cross-Examination, May Be Rebutted By The Prosecution's Introduction Of Evidence, Obtained In Violation Of Gideon, For The Purpose Of Impeaching The Defendant's Credibility, Regardless Of Whether Such Evidence Pertains To A Collateral Matter Or Is Directly Related To The Crime In Question., Russell C. Busby Dec 1971

The Relationship Of State And Lower Federal Courts In Criminal Constitutional Litigation., J. Rand Cliffe Dec 1971

Qui Tam Actions Against Polluters Of Navigable Waters: An Attempted Augmentation Of Refuse Act Enforcement., John C. Cernkovich Dec 1971

Amalgamation Of Interlocutory Orders Into One Final Judgment., Orville C. Walker Dec 1971

Primary Requirements For The Application Of The Federal Writ Of Habeas Corpus And Its Problem Areas., L. Vance Stanton Dec 1971

San Quentin Prison Officials Are Permanently Enjoined From Enforcing Or Using Disciplinary Proceedings Which Deprive Prisoners Of Their Constitutional Rights For The Reason That They Violate The Due Process And Equal Protection Clauses Of The Fourteenth Amendment., Arthur R. Thormann Jr. Dec 1971

A Medical Partnership Owes A Duty To The Families Of Its Patients To Exercise Ordinary Care To Prevent A Partner Or Employee, Who Is Acting Outside The Ordinary Course Of Business, From Tortiously Interfering With Family Relations, While The Partner Or Employee Is On The Premises Of The Clinic Or Purportedly Acting As A Representative Of The Partnership Elsewhere., Jan Weaver Busby Dec 1971

An Appropriator Acquires A Vested Right In The Beneficial Use Of Water Allocated To Him But Does Not Acquire A Vested Right To The Non-Use Of Water Thus Allocated - Article 7519a Is A Retroactive Law Not Prohibited By The Texas Constitution Because It Does Not Operate As A Deprivation Of A Vested Right., Richard Gary Thomas Mar 1971

The Statute Of Limitations Does Not Begin To Run Against The Right To Recover From A Treating Physician For Malpractice Involving A Misdiagnosis Until The Injured Patient Knows Or Should Have Known Of The Physician's Negligence., Gary B. Weiser Mar 1971

Intended Use Doctrine: Cautionary Labeling Is Both Permitted And Required By The Statute And Prohibition Of Sales In Toy Stores Or Store Departments Dealing Predominantly In Toys Or Children's Articles Is A Reasonable Method To Assure Against Use By Children Not Likely To Heed Warnings For Safe Use., Robert Morrison Mar 1971

Arbitration In The Settlement Of Jurisdictional Disputes., Louis A. Cappadona Mar 1971

Confessions Given More Than Six Hours After Arrest During A Delay In Arraignment Are Admissible Under 18 U.S.C. 3501(C), Although The Trial Judge Under Subsection 3501(B) May Take Into Account Delay In Arraignment In His Determination Of Voluntariness., Keith E. Kaiser Mar 1971

The Executor's And Administrator's Statutory Compensation In Texas., Ben G. Sewell, Paul W. Nimmons Jr. Mar 1971

Border Searches: An Exception To Probable Cause., Ronald R. Winfrey Mar 1971

The Texas Limited Partnership As A Vehicle For Real Estate Investment., Robert Leon Sonfield Jr. Mar 1971

The Attorney-Client Privilege Has Viability For The Corporate Client In A Suit Brought Against It By Its Stockholders - The Privilege, However, Is Subject To The Right Of The Stockholders To Show Good Cause Why It Should Not Be Invoked In The Particular Instance., William Palmer Mar 1971