Law Commons^™

Blacks, Due Process And Efficiency In The Clash Of Values As The Supreme Court Moves To The Right, Henry Mcgee

Faculty Articles

Professor McGee examines the move by the Supreme Court to limit rights for minority defendants. Led by its law enforcement-oriented Chief Justice, an emerging majority of the Court has managed to reverse or seriously abridge precedents - both recent and time-honored - which ensured some fairness for minority defendants. Professor McGee addresses the implications of these decisions, and how they have affected due process for Black defendants.

Proposed Revisions To The Law Of War Applicable To Internal Conflict, James E. Bond

Faculty Articles

This article features a careful analysis of the law of armed conflict as it applies to internal disputes. It also provides detailed proposals for modifications in the law of war to encompass the difficult problems of human rights involved in internal disputes.

Cash Deposits - Burdens And Barriers In Access To Utility Services, John B. Kirkwood

Faculty Articles

The utilities are free from statutory limitations on their deposit rules, practices differ, but most utilities use very broad criteria of income and net worth to select those consumers from whom they will demand a deposit. Under these broad deposit rules it is not surprising that the poor pay virtually all deposits, or that often high income residential areas are exempted altogether from the impact of cash deposits. Such rules impose severe burdens on depositors without proportionately benefitting the utilities, for deposits usually save utilities insignificant amounts of money. For example, estimations of the California Public Utilities Commission in 1967 …

Vicarious Liability Of An Employer For An Assault By His Servant: A Survey Of Texas Cases Reexamining The “Rule Of Force”, Charles E. Cantú

Faculty Articles

The doctrine of respondeat superior has long been entrenched in Anglo-American jurisprudence. It is under this doctrine that principles, masters, and employers have been held liable for the wrongs of individuals working under them and acting within the scope of their employment. This doctrine has been applied to all injury producing acts of the employee, whether negligent or intentional.

Presently, there is considerable conflict in Texas concerning an employer’s liability for the intentional torts of his employee. Analysis of several Texas cases regarding the doctrine of respondeat superior points out that Texas courts have applied two conflicting tests in determining …