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Full-Text Articles in Law

The Franchisor's Dilemma: Justifying Tying Arrangements In Antitrust Suits., Larry R. Patton Dec 1972

The Franchisor's Dilemma: Justifying Tying Arrangements In Antitrust Suits., Larry R. Patton

St. Mary's Law Journal

Tying Arrangements within the Franchise market suppress competition by denying competitors free access to the market for a tied product. A tie-in or tied product is an item, distinguishable from the franchise itself, forced upon a franchise, to secure the license. The two defenses used in validating a tied product are: (1) that the tying product in “good will” serves a satisfactory purpose in conjunction with the tied product, and (2) the tied protect serves to protect the quality of the trademarked product. This study examines case law and how the application of the Sherman and Clayton Anti-Trust Acts in …


The Condemnor Has The Right To Show The Reasonably Foreseeable And Probable Uses Of The Tract Condemned So That The Jury May Consider This Factor With All Other Matters In Reaching A Market Value Determination Respecting The Remainder Tract., Stephen Bond Paxson Dec 1972

The Condemnor Has The Right To Show The Reasonably Foreseeable And Probable Uses Of The Tract Condemned So That The Jury May Consider This Factor With All Other Matters In Reaching A Market Value Determination Respecting The Remainder Tract., Stephen Bond Paxson

St. Mary's Law Journal

Abstract Forthcoming.


Under A 99-Year Lease, A Lessor, Who Permitted, But Did Not Require, His Lessee To Demolish His Buildings And Construct New Improvements, Was Entitled To A Deductible Demolition Loss Under Section 165 Of The Internal Revenue Code Of 1954., Ron D'Addario Dec 1972

Under A 99-Year Lease, A Lessor, Who Permitted, But Did Not Require, His Lessee To Demolish His Buildings And Construct New Improvements, Was Entitled To A Deductible Demolition Loss Under Section 165 Of The Internal Revenue Code Of 1954., Ron D'Addario

St. Mary's Law Journal

Abstract Forthcoming.


An Other Insurance Provision Is Ineffective In Limiting Recovery From An Insurer For Actual Damages Caused By An Uninsured Motorist., J. Michael Myers Dec 1972

An Other Insurance Provision Is Ineffective In Limiting Recovery From An Insurer For Actual Damages Caused By An Uninsured Motorist., J. Michael Myers

St. Mary's Law Journal

Abstract Forthcoming.


The Recovery Of Attorney Fees In Texas., Larry Glenn Hyden Dec 1972

The Recovery Of Attorney Fees In Texas., Larry Glenn Hyden

St. Mary's Law Journal

Abstract Forthcoming.


Reaching Age Seventeen Does Not Render Appeal Of Waiver Moot But Only Prevents A Remand If The Case Is Reversed., Cynthia Hollingsworth Cox Dec 1972

Reaching Age Seventeen Does Not Render Appeal Of Waiver Moot But Only Prevents A Remand If The Case Is Reversed., Cynthia Hollingsworth Cox

St. Mary's Law Journal

Abstract Forthcoming.


Public Housing Authority's Use Of Exculpatory Clause In Lease Agreement Is Not Contrary To Public Policy., Charles Michael Montgomery Dec 1972

Public Housing Authority's Use Of Exculpatory Clause In Lease Agreement Is Not Contrary To Public Policy., Charles Michael Montgomery

St. Mary's Law Journal

Abstract Forthcoming.


1) A Consent To A Search And Seizure Can Be Shown When Words Constituting Consent Are Given After Officers Allege They Have Possession Of A Search Warrant; 2) The Right Of Confrontation Is Not Violated When An Out Of Court Confession Of A Third Person Is Introduced At Trial And Implicates The Accused., Michael L. Vaughn Dec 1972

1) A Consent To A Search And Seizure Can Be Shown When Words Constituting Consent Are Given After Officers Allege They Have Possession Of A Search Warrant; 2) The Right Of Confrontation Is Not Violated When An Out Of Court Confession Of A Third Person Is Introduced At Trial And Implicates The Accused., Michael L. Vaughn

St. Mary's Law Journal

Abstract Forthcoming.


Psychiatrist's Testimony That State's Principal Witness's Psychological Condition Might Prompt Him To Distort Facts Was Not Admissible For Purposes Of Impeachment Of The Witness., Joseph H. Vives Dec 1972

Psychiatrist's Testimony That State's Principal Witness's Psychological Condition Might Prompt Him To Distort Facts Was Not Admissible For Purposes Of Impeachment Of The Witness., Joseph H. Vives

St. Mary's Law Journal

Abstract Forthcoming.


The Cross Section Principle As A Constitutional Right And The Use Of Voter Registration Lists As An Administrative Technique To Insure A Defendant Due Process Under The Law., Ellen E. Cook Dec 1972

The Cross Section Principle As A Constitutional Right And The Use Of Voter Registration Lists As An Administrative Technique To Insure A Defendant Due Process Under The Law., Ellen E. Cook

St. Mary's Law Journal

Abstract Forthcoming.


In The Interest Of Justice., Robert W. Calvert Dec 1972

In The Interest Of Justice., Robert W. Calvert

St. Mary's Law Journal

Abstract Forthcoming.


Prisoners' Redress For Deprivation Of A Constitutional Right: Federal Habeas Corpus And The Civil Rights Act., Daniel J. Sheehan Jr. Dec 1972

Prisoners' Redress For Deprivation Of A Constitutional Right: Federal Habeas Corpus And The Civil Rights Act., Daniel J. Sheehan Jr.

St. Mary's Law Journal

Franchises, founder-member contracts, and referral-sales agreements are marketing practices used to expand retail businesses and typically categorized as investment contracts. These marketing schemes continue to leave investors susceptible to fraud and misrepresentation because security regulations may fail to adapt to continuously varying methods in which promoters acquire capital. The Securities Act of 1933, the Securities Exchange Commission of 1934, and the Blue Sky Laws were attempts to regulate marketing schemes by establishing purposefully broad definitions of investment contracts. Securities laws were meant to have a liberal application for the purpose of being flexible and adaptive. In 1946, the landmark case …


Economic Coercion As Plaintiff's Defense To Volenti Non Fit Injuria In Strict Liability Actions., Charles T. Locke Dec 1972

Economic Coercion As Plaintiff's Defense To Volenti Non Fit Injuria In Strict Liability Actions., Charles T. Locke

St. Mary's Law Journal

Although Texas courts have commented on the harshness of “assumed risk” principles for quite some time, they have been reluctant to alter the situation. However, the Fifth Circuit decision in Messick v. General Motors Corporation may effectively serve to soften this well-established doctrine. Volenti non fit injuria, or “assumed risk,” will preclude recovery where the plaintiff voluntarily assumes a risk of injury arising from another’s negligence. One exception to the rule is the “hard choice” doctrine, which considers whether the defendant’s negligence left the plaintiff with a reasonable choice to avoid the danger. Interestingly, Texas courts refuse to extend the …


Where Emotional Stress And Strain Arising From An Automobile Accident Are Superimposed Upon A Dormant Heart Condition So As To Cause Death, Recovery May Be Had Under The Provisions Of An Insurance Policy Insuring Against Accidental Bodily Injury And Death., Patricia Koch Irvine Dec 1972

Where Emotional Stress And Strain Arising From An Automobile Accident Are Superimposed Upon A Dormant Heart Condition So As To Cause Death, Recovery May Be Had Under The Provisions Of An Insurance Policy Insuring Against Accidental Bodily Injury And Death., Patricia Koch Irvine

St. Mary's Law Journal

Abstract Forthcoming.


The Right Of Bystanders To Recover Upon Witnessing Injury Or Peril Of Third Persons - Damages., Michael R. Ezell Dec 1972

The Right Of Bystanders To Recover Upon Witnessing Injury Or Peril Of Third Persons - Damages., Michael R. Ezell

St. Mary's Law Journal

Abstract Forthcoming.


Crashworthiness: Defective Product Design - Secondary Impact Liability In Texas., Franklin D. Houser Dec 1972

Crashworthiness: Defective Product Design - Secondary Impact Liability In Texas., Franklin D. Houser

St. Mary's Law Journal

Abstract Forthcoming.


Negligence Of A General Agent Is Not Imputed To The Principal So As To Bar Recovery On Principal's Action For Damages Sustained By The Concurrent Negligence Of His Special Agent., John S. Reagan Dec 1972

Negligence Of A General Agent Is Not Imputed To The Principal So As To Bar Recovery On Principal's Action For Damages Sustained By The Concurrent Negligence Of His Special Agent., John S. Reagan

St. Mary's Law Journal

Abstract Forthcoming.


Aliens: The Unconstitutional Classification For Admission To The Bar., J. Rand Cliffe Jun 1972

Aliens: The Unconstitutional Classification For Admission To The Bar., J. Rand Cliffe

St. Mary's Law Journal

Abstract Forthcoming.


Where An Employee Is Injured In A Case For Which Compensation Is Payable Under Circumstances Creating Liability In Some Party Other Than The Compensation Subscriber, The Employee Must Make An Election To Proceed Against The Third Party Or The Compensation Carrier Within Two Years From The Date Of The Accident., Myron E. East Jr. Jun 1972

Where An Employee Is Injured In A Case For Which Compensation Is Payable Under Circumstances Creating Liability In Some Party Other Than The Compensation Subscriber, The Employee Must Make An Election To Proceed Against The Third Party Or The Compensation Carrier Within Two Years From The Date Of The Accident., Myron E. East Jr.

St. Mary's Law Journal

Abstract Forthcoming.


The Legislature May Not Validly Exempt The Property Of A Nonprofit Water Supply Corporation From Taxation., Charles T. Locke Jun 1972

The Legislature May Not Validly Exempt The Property Of A Nonprofit Water Supply Corporation From Taxation., Charles T. Locke

St. Mary's Law Journal

Abstract Forthcoming.


A Discharged Attorney Is Limited To Quantum Meruit Recovery For The Reasonable Value Of His Services And The Right Of Recovery Under A Contingent Fee Contract Does Not Accrue Until The Occurrence Of The Contingency., Sean P. Martinez Jun 1972

A Discharged Attorney Is Limited To Quantum Meruit Recovery For The Reasonable Value Of His Services And The Right Of Recovery Under A Contingent Fee Contract Does Not Accrue Until The Occurrence Of The Contingency., Sean P. Martinez

St. Mary's Law Journal

Abstract Forthcoming.


Is An Action For Breach Of An Implied Warranty Recoverable Under The Texas Wrongful Death Act., Larry Glenn Hyden Jun 1972

Is An Action For Breach Of An Implied Warranty Recoverable Under The Texas Wrongful Death Act., Larry Glenn Hyden

St. Mary's Law Journal

Abstract Forthcoming.


Damages For The Death Of A Minor Child Under The Texas Wrongful Death Act., Paul F. Ferguson Jun 1972

Damages For The Death Of A Minor Child Under The Texas Wrongful Death Act., Paul F. Ferguson

St. Mary's Law Journal

Abstract Forthcoming.


A Complaint Under The Robinson-Patman Act Need Not Allege That One Of The Sales Involved Was Interstate In Character As Long As It Charges That Interstate Sales Were Used To Underwrite Allegedly Discriminatory Intrastate Price-Cutting Tactics., Michael D. Wagner Jun 1972

A Complaint Under The Robinson-Patman Act Need Not Allege That One Of The Sales Involved Was Interstate In Character As Long As It Charges That Interstate Sales Were Used To Underwrite Allegedly Discriminatory Intrastate Price-Cutting Tactics., Michael D. Wagner

St. Mary's Law Journal

Abstract Forthcoming.


The Government May Withhold Investigatory Materials Compiled For A Law Enforcement Proceeding Which Has Been Terminated., George Aaron Taylor Jun 1972

The Government May Withhold Investigatory Materials Compiled For A Law Enforcement Proceeding Which Has Been Terminated., George Aaron Taylor

St. Mary's Law Journal

Abstract Forthcoming.


A Covenant Constitutes A Complete Exoneration Of Employee And Removes Any Foundation Upon Which To Impute Negligence To Employer., Cynthia Hollingsworth Cox Jun 1972

A Covenant Constitutes A Complete Exoneration Of Employee And Removes Any Foundation Upon Which To Impute Negligence To Employer., Cynthia Hollingsworth Cox

St. Mary's Law Journal

Abstract Forthcoming.


Regulation Governing The Length Of Hair Is One That Is Not Cognizable In The Federal Courts, Nor Is Such Right To Be Found Within The Plain Meaning Of The Federal Constitution., Thomas N. Willess Jun 1972

Regulation Governing The Length Of Hair Is One That Is Not Cognizable In The Federal Courts, Nor Is Such Right To Be Found Within The Plain Meaning Of The Federal Constitution., Thomas N. Willess

St. Mary's Law Journal

Abstract Forthcoming.


A State's Juvenile Statute Which Contains An Age-Sex Disparity Must Be Supported By A Purpose Which Is Reasonable Rather Than Arbitrary And Invidious., Robert S. Flaniken Jun 1972

A State's Juvenile Statute Which Contains An Age-Sex Disparity Must Be Supported By A Purpose Which Is Reasonable Rather Than Arbitrary And Invidious., Robert S. Flaniken

St. Mary's Law Journal

Abstract Forthcoming.


The Unpopular Cause In Times Like These., Leon Jaworski Jun 1972

The Unpopular Cause In Times Like These., Leon Jaworski

St. Mary's Law Journal

Abstract Forthcoming.


Evidence Of An Extraneous Offense Offered To Rebut A Defensive Theory Urged By The Defendant Is Admissible Even Absent A Showing That The Defendant Was The Perpetrator Of The Extraneous Offense., Daniel J. Sheehan Jr. Jun 1972

Evidence Of An Extraneous Offense Offered To Rebut A Defensive Theory Urged By The Defendant Is Admissible Even Absent A Showing That The Defendant Was The Perpetrator Of The Extraneous Offense., Daniel J. Sheehan Jr.

St. Mary's Law Journal

Abstract Forthcoming.