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Full-Text Articles in Law

Child Benefits Acquired Under Adoption By Estoppel - Children Not Legally Adopted According To Statute Are Nevertheless Adopted By Adoptive Parents Under The Doctrine Of Adoption By Estoppel And Entitled To Child Benefits Under The Social Security Act., John Sifuentes Dec 1970

Child Benefits Acquired Under Adoption By Estoppel - Children Not Legally Adopted According To Statute Are Nevertheless Adopted By Adoptive Parents Under The Doctrine Of Adoption By Estoppel And Entitled To Child Benefits Under The Social Security Act., John Sifuentes

St. Mary's Law Journal

Abstract Forthcoming.


Eminent Domain - Enhanced Value Due To Project As An Element Of Market Value In Texas Condemnation Law., Sidney K. Gibson Dec 1970

Eminent Domain - Enhanced Value Due To Project As An Element Of Market Value In Texas Condemnation Law., Sidney K. Gibson

St. Mary's Law Journal

Abstract Forthcoming.


On Its Own Motion, The Commission Can Reopen Proceedings For Reconsideration Of A Previously Denied Application For A Certificate Of Public Convenience And Necessity On The Existing Record., G. William Fowler Dec 1970

On Its Own Motion, The Commission Can Reopen Proceedings For Reconsideration Of A Previously Denied Application For A Certificate Of Public Convenience And Necessity On The Existing Record., G. William Fowler

St. Mary's Law Journal

Abstract Forthcoming.


Aerial Photography Is An Improper Means Of Acquiring A Trade Secret When Countervailing Defenses Are Not Reasonably Available To The Owner Of The Trade Secret And Trade Secrets May Be Properly Discovered Only By Reverse Engineering, Independent Research Or If The Owner Voluntarily Reveals The Secret., Ronald R. Winfrey Dec 1970

Aerial Photography Is An Improper Means Of Acquiring A Trade Secret When Countervailing Defenses Are Not Reasonably Available To The Owner Of The Trade Secret And Trade Secrets May Be Properly Discovered Only By Reverse Engineering, Independent Research Or If The Owner Voluntarily Reveals The Secret., Ronald R. Winfrey

St. Mary's Law Journal

Abstract Forthcoming.


Texas Code Of Criminal Procedure Requires That Grand Jury Commissioner Be A Freeholder., Robert A. Shivers Dec 1970

Texas Code Of Criminal Procedure Requires That Grand Jury Commissioner Be A Freeholder., Robert A. Shivers

St. Mary's Law Journal

Abstract Forthcoming.


Want Of Trustee As Affecting The Creation Of Trusts., Arthur Yao Dec 1970

Want Of Trustee As Affecting The Creation Of Trusts., Arthur Yao

St. Mary's Law Journal

If a court determines that an instrument created a trust, that trust will not fail for want of a trustee. The analysis for determining whether a trust was created, however, depends on the context the failure arises in. For testamentary trusts, as long as the testator’s intention is clearly manifested in the will, equity will enforce it regardless of the cause of the failure of trustee. The analysis for inter vivos conveyances requires the court to determine whether the failure for want of a trustee was initial or subsequent. If the failure was subsequent, a validly created trust will not …


The Jury System And Special Verdicts., Judge Ernest Guinn Dec 1970

The Jury System And Special Verdicts., Judge Ernest Guinn

St. Mary's Law Journal

A jury is entitled to know what it is doing by its verdict. As such, it is satisfying in charging a jury to explain fully and completely the legal principles involved in a case, the rights and duties of the parties, and the facts that the jury must deduct from the evidence presented to reach a verdict. Those who hold contrary views do not trust jurors, and in fact, do not trust the jury system. The views of professors, lawyers, and judges on this question and the reasoning for and against a full disclosure of the case to a jury …


Imprisonment Of An Indigent Defendant For Failure To Pay A Fine Constitutes An Invidious Discrimination, On The Basis Of Wealth, Violating The Equal Protection Clause Of The 14th Amendment., William F. Mcquillen Dec 1970

Imprisonment Of An Indigent Defendant For Failure To Pay A Fine Constitutes An Invidious Discrimination, On The Basis Of Wealth, Violating The Equal Protection Clause Of The 14th Amendment., William F. Mcquillen

St. Mary's Law Journal

Abstract Forthcoming.


Intervention By An Automobile Insurance Company In A Suit By Its Insured Against An Uninsured Motorist., Ronald F. Sceglio Dec 1970

Intervention By An Automobile Insurance Company In A Suit By Its Insured Against An Uninsured Motorist., Ronald F. Sceglio

St. Mary's Law Journal

Abstract Forthcoming.


Partitioning Community Property., E. Lou Curry Dec 1970

Partitioning Community Property., E. Lou Curry

St. Mary's Law Journal

Abstract Forthcoming.


The Absolute Defense Of Interspousal Immunity In Actions For Tort Is Abrogated Prospectively, As To All Causes Of Action Arising After This Date, And Is Abrogated As To The Instant Cases., Keith E. Kaise Dec 1970

The Absolute Defense Of Interspousal Immunity In Actions For Tort Is Abrogated Prospectively, As To All Causes Of Action Arising After This Date, And Is Abrogated As To The Instant Cases., Keith E. Kaise

St. Mary's Law Journal

Abstract Forthcoming.


Ice Cream Truck Vendor Has Duty Of Due Care To Protect His Minor Business Invitees; Whether He Breaches This Duty And, If So, Whether Such Breach Is The Proximate Cause Of A Patron's Injury Is A Fact Question, Precluding Summary Judgment., Charles J. O'Connor Dec 1970

Ice Cream Truck Vendor Has Duty Of Due Care To Protect His Minor Business Invitees; Whether He Breaches This Duty And, If So, Whether Such Breach Is The Proximate Cause Of A Patron's Injury Is A Fact Question, Precluding Summary Judgment., Charles J. O'Connor

St. Mary's Law Journal

Abstract Forthcoming.


When The Promisor Assumes Primary Responsibility And His Leading Object Is To Serve Some Interest Or Purpose Of His Own, Notwithstanding The Effect Is To Pay Or Discharge The Debt Of Another, The Oral Promise Is Not Within The Statute Of Frauds., Alan Jay Rich Dec 1970

When The Promisor Assumes Primary Responsibility And His Leading Object Is To Serve Some Interest Or Purpose Of His Own, Notwithstanding The Effect Is To Pay Or Discharge The Debt Of Another, The Oral Promise Is Not Within The Statute Of Frauds., Alan Jay Rich

St. Mary's Law Journal

Abstract Forthcoming.


A Surviving Joint Owner's Interest In Bank Account Is Not Taxable Under Tex. Tax., Anthony N. Deluccia Jr. Dec 1970

A Surviving Joint Owner's Interest In Bank Account Is Not Taxable Under Tex. Tax., Anthony N. Deluccia Jr.

St. Mary's Law Journal

Abstract Forthcoming.


The Term Assailing Thieves In Marine Insurance Policy Provided Coverage For Theft By Force Or Violence Of Personal Property On Vessel, Not Coverage For Theft Of Vessel Itself., George C. Shoemaker Dec 1970

The Term Assailing Thieves In Marine Insurance Policy Provided Coverage For Theft By Force Or Violence Of Personal Property On Vessel, Not Coverage For Theft Of Vessel Itself., George C. Shoemaker

St. Mary's Law Journal

Abstract Forthcoming.


A Reminder To The Courts Of The Purpose Of The Nunc Pro Tunc Entry And The Basic Distinction That Serves As A Guide For Its Application., Morton L. Herman Mar 1970

A Reminder To The Courts Of The Purpose Of The Nunc Pro Tunc Entry And The Basic Distinction That Serves As A Guide For Its Application., Morton L. Herman

St. Mary's Law Journal

Abstract Forthcoming.


An Appeal From Judgment Entered Pursuant To Texas Rule Of Civil Procedure 174(B), Separate Trials, Is Interlocutory And There Is No Basis For Treating An Order For A Separate Trial As An Order Of Severance., James A. Smith Mar 1970

An Appeal From Judgment Entered Pursuant To Texas Rule Of Civil Procedure 174(B), Separate Trials, Is Interlocutory And There Is No Basis For Treating An Order For A Separate Trial As An Order Of Severance., James A. Smith

St. Mary's Law Journal

Abstract Forthcoming.


Conscientious Objector: Legal Definition Of Religion And First Amendment Governmental Neutrality., Thomas A. Martin Mar 1970

Conscientious Objector: Legal Definition Of Religion And First Amendment Governmental Neutrality., Thomas A. Martin

St. Mary's Law Journal

Abstract Forthcoming.


Vernon's Annotated Texas Civil Statutes Article 2338-1, Section 3(F), Defining Delinquent Child As One Who Habitually So Deports Himself As To Injure Or Endanger The Morals Or Health Of Himself Or Others, Is Not Unconstitutionally Vague., Raul Garcia Mar 1970

Vernon's Annotated Texas Civil Statutes Article 2338-1, Section 3(F), Defining Delinquent Child As One Who Habitually So Deports Himself As To Injure Or Endanger The Morals Or Health Of Himself Or Others, Is Not Unconstitutionally Vague., Raul Garcia

St. Mary's Law Journal

Abstract Forthcoming.


A Claim Of Innocence, Even If Vindicated By Acquittal, Affords No Legal Justification For Refusing The Test., E. Lou Curry Mar 1970

A Claim Of Innocence, Even If Vindicated By Acquittal, Affords No Legal Justification For Refusing The Test., E. Lou Curry

St. Mary's Law Journal

Abstract Forthcoming.


The Pitfalls Of Practice Before The Regional Offices Of The National Labor Relations Board., Ben F. Foster Jr. Mar 1970

The Pitfalls Of Practice Before The Regional Offices Of The National Labor Relations Board., Ben F. Foster Jr.

St. Mary's Law Journal

Abstract Forthcoming.


For Suspension Of Driver's License To Be Ordered Under The Motor Vehicle Security Responsibility Law, It Must Be Determined Whether There Is Reasonable Possiblity That Judgment May Be Recovered Against The Driver In Question., John A. Pizzitola Mar 1970

For Suspension Of Driver's License To Be Ordered Under The Motor Vehicle Security Responsibility Law, It Must Be Determined Whether There Is Reasonable Possiblity That Judgment May Be Recovered Against The Driver In Question., John A. Pizzitola

St. Mary's Law Journal

Abstract Forthcoming.


Texas Statute Authorizes A Relocation Assistance Program To Compensate Owners When Moving From Property Taken In The Acquisition Of Right Of Way For Highways., P. Blake Hedblom Mar 1970

Texas Statute Authorizes A Relocation Assistance Program To Compensate Owners When Moving From Property Taken In The Acquisition Of Right Of Way For Highways., P. Blake Hedblom

St. Mary's Law Journal

Abstract Forthcoming.


Statutory Guidelines For Determining Fair Share., Jed B. Maebius Jr. Mar 1970

Statutory Guidelines For Determining Fair Share., Jed B. Maebius Jr.

St. Mary's Law Journal

Abstract Forthcoming.


As A Matter Of Law, Carrier Had Fulfilled Its Duty To Passengers When Its Driver After Warning Certain Passengers To Quieten Down, Left The Bus To Summon The Police, And A Passenger Was Injured In His Absence, As There Was No Duty To Remove, Restrain, Or Eject Assailant., Donato D. Ramos Mar 1970

As A Matter Of Law, Carrier Had Fulfilled Its Duty To Passengers When Its Driver After Warning Certain Passengers To Quieten Down, Left The Bus To Summon The Police, And A Passenger Was Injured In His Absence, As There Was No Duty To Remove, Restrain, Or Eject Assailant., Donato D. Ramos

St. Mary's Law Journal

Abstract Forthcoming.


Informing A Jury Of The Legal Effect Of Its Answers., James G. Denton Mar 1970

Informing A Jury Of The Legal Effect Of Its Answers., James G. Denton

St. Mary's Law Journal

Limiting jury consideration to facts, as opposed to the outcome, best serves special issue systems. The purpose of the special issues system is to ensure juries answer the presented questions without bias or prejudice. Though several writers have persuasively advocated for advising juries of the consequences of their findings, doing so seems to undermine the purpose of special issue systems because it allows for juries to answer questions with reference to their desired outcome. To ensure juries answer issues on the facts alone, trial judges should not give a jury, directly or indirectly, any information that may apprise them of …


Advantages And Pitfalls For Texas Professional Corporations., Leonard Leighton, Edgar M. Duncan Mar 1970

Advantages And Pitfalls For Texas Professional Corporations., Leonard Leighton, Edgar M. Duncan

St. Mary's Law Journal

Abstract Forthcoming.


Antedated Contract Of Property Insurance May Protect Against A Loss Occurring Prior To Issuance Of The Policy, Absent Fraud Or Negligent Concealment., Barry Snell Mar 1970

Antedated Contract Of Property Insurance May Protect Against A Loss Occurring Prior To Issuance Of The Policy, Absent Fraud Or Negligent Concealment., Barry Snell

St. Mary's Law Journal

Abstract Forthcoming.


The Realities Of Contemporary Rental Agreements Require The Application Of Implied Warranty Of Habitability And Fitness As A Just And Necessary Implication From The Contractual Nature Of A Lease Of A Dwelling., V. Camp Cuthrell Mar 1970

The Realities Of Contemporary Rental Agreements Require The Application Of Implied Warranty Of Habitability And Fitness As A Just And Necessary Implication From The Contractual Nature Of A Lease Of A Dwelling., V. Camp Cuthrell

St. Mary's Law Journal

Abstract Forthcoming.


Statutory Presumption Of Illegal Importation Of Cocaine Is Unconstitutional., Ricardo D. Palacios Mar 1970

Statutory Presumption Of Illegal Importation Of Cocaine Is Unconstitutional., Ricardo D. Palacios

St. Mary's Law Journal

Abstract Forthcoming.