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Full-Text Articles in Law

Anatomy Of A Trial Of A Warranty Case., Don D. Bush Mar 1983

Anatomy Of A Trial Of A Warranty Case., Don D. Bush

St. Mary's Law Journal

Abstract forthcoming.


Videotaping The Will Execution Ceremony - Preventing Frustration Of The Testator's Final Wishes., Gerry W. Beyer Mar 1983

Videotaping The Will Execution Ceremony - Preventing Frustration Of The Testator's Final Wishes., Gerry W. Beyer

St. Mary's Law Journal

Abstract forthcoming.


Illegitimacy: Suggestions For Reform Following Mills V. Habluetzel., Reverend Raymond C. O'Brien Mar 1983

Illegitimacy: Suggestions For Reform Following Mills V. Habluetzel., Reverend Raymond C. O'Brien

St. Mary's Law Journal

Abstract forthcoming.


Union Solicitation In The Health Care Industry: Guidelines For The Labor Law Practitioner., Emmett Hubbard Kennady Iii Mar 1983

Union Solicitation In The Health Care Industry: Guidelines For The Labor Law Practitioner., Emmett Hubbard Kennady Iii

St. Mary's Law Journal

Abstract forthcoming.


Parents Allowed To Recover Damages For Loss Of Companionship And Society As Well As Damages For Mental Anguish For Death Of Minor Child Under Texas Wrongful Death Act., Vicky Hallick Robbins Mar 1983

Parents Allowed To Recover Damages For Loss Of Companionship And Society As Well As Damages For Mental Anguish For Death Of Minor Child Under Texas Wrongful Death Act., Vicky Hallick Robbins

St. Mary's Law Journal

Abstract forthcoming.


Texas Adoption Laws And Adoptee's Rights Of Access To Confidential Records., Cynthia A. Rucker Mar 1983

Texas Adoption Laws And Adoptee's Rights Of Access To Confidential Records., Cynthia A. Rucker

St. Mary's Law Journal

Since the adoption process affects the lives of numerous people, courts must reach a decision which benefits all parties involved in the process. Many adoptees retain an emotional desire, or a psychological need, to ascertain the identity of their birth parents. This desire or need is in direct conflict with state statutes mandating adoption information remain sealed and confidential. In recent years, courts across the country have considered several cases challenging the validity of confidentiality statutes on constitutional grounds. Primarily, adoptees have asserted confidentiality statutes deny them a fundamental right to privacy, a right to receive information, and a right …


A Public Official May Be Granted Punitive Damages Without Seeking Or Recovering Actual Damages If The Statement Is Libelous Per Se., G. Franco Mondini Mar 1983

A Public Official May Be Granted Punitive Damages Without Seeking Or Recovering Actual Damages If The Statement Is Libelous Per Se., G. Franco Mondini

St. Mary's Law Journal

Abstract forthcoming.


Medical Malpractice Statute Which Prevents Tolling Of Limitations During Infancy Violates Due Process Clause Of Texas Constitution., Christopher J. Volkmer Mar 1983

Medical Malpractice Statute Which Prevents Tolling Of Limitations During Infancy Violates Due Process Clause Of Texas Constitution., Christopher J. Volkmer

St. Mary's Law Journal

Abstract forthcoming.


Witnesses' Signatures Located Only After Self-Proving Affidavit Do Not Satisfy Attestation Requirements., Michael W. Mccrum Mar 1983

Witnesses' Signatures Located Only After Self-Proving Affidavit Do Not Satisfy Attestation Requirements., Michael W. Mccrum

St. Mary's Law Journal

Abstract forthcoming.


The Current State Of Usury Law In Texas., Michele M. Hightower Jan 1983

The Current State Of Usury Law In Texas., Michele M. Hightower

St. Mary's Law Journal

Abstract Forthcoming.


Franchising In Texas., Mark H. Miller Jan 1983

Franchising In Texas., Mark H. Miller

St. Mary's Law Journal

Abstract Forthcoming.


Lawyers' Negligence Liability To Non-Clients: A Texas Viewpoint., Brian J. Davis Jan 1983

Lawyers' Negligence Liability To Non-Clients: A Texas Viewpoint., Brian J. Davis

St. Mary's Law Journal

Courts should examine the relationship of a non-client to a negligent lawyer to determine whether a lawyer is liable to a non-client despite lack of privity. In most jurisdictions, attorneys enjoy the privity of contract requirement which limits their duty to exercise reasonable care. As a result, lawyers are normally immune to negligent malpractice actions brought by non-clients. Courts should examine the relationship between the attorney and the non-client to determine whether the requirement of privity is an overly restrictive limit on the lawyer’s scope of duty. These relationships can be classified into three categories. The first category involves plaintiffs …


The Emergence Of Punitive Damages In Product Liability Actions: A Further Assault On The Citadel., James B. Sales Jan 1983

The Emergence Of Punitive Damages In Product Liability Actions: A Further Assault On The Citadel., James B. Sales

St. Mary's Law Journal

Abstract Forthcoming.


The Revised Texas Usury Ceilings - A New Alice In Wonderland., Frank A. St. Claire, Sara Greenwood Hogan Jan 1983

The Revised Texas Usury Ceilings - A New Alice In Wonderland., Frank A. St. Claire, Sara Greenwood Hogan

St. Mary's Law Journal

Abstract Forthcoming.


Free Appropriate Public Education Of Handicapped Children Requires Personalized Instruction And Support Services To Produce Beneficial Results But Does Not Require Reaching Full Potential Of Handicapped Student., Margaret Corning Boldrick Jan 1983

Free Appropriate Public Education Of Handicapped Children Requires Personalized Instruction And Support Services To Produce Beneficial Results But Does Not Require Reaching Full Potential Of Handicapped Student., Margaret Corning Boldrick

St. Mary's Law Journal

Abstract Forthcoming.


An At-Will Employee May Be Fired Despite Motives Which Violate State Public Policy., Kelsey Menzel Jan 1983

An At-Will Employee May Be Fired Despite Motives Which Violate State Public Policy., Kelsey Menzel

St. Mary's Law Journal

Scholars generally agree children possess fewer rights than adults under the Constitution. Moreover, the school, as a restricted environment, places additional constraints on the constitutional rights of minors. In recent years, however, the Supreme Court extended to minor students the rights of equal protection and civil due process. In Tinker v. Des Moines Independent Community School District, the Court acknowledged children have First Amendment rights of self-expression in a school environment. This marked a significant change from the judiciary’s traditional reluctance to interfere in school matters. Subsequent First Amendment challenges to school board decisions have focused on library book removal. …


The Due On Sale Clause In A Deed Of Trust Is Not An Invalid Restraint On The Alienation Of Property., Susan H. Cregor Jan 1983

The Due On Sale Clause In A Deed Of Trust Is Not An Invalid Restraint On The Alienation Of Property., Susan H. Cregor

St. Mary's Law Journal

Abstract Forthcoming.


Turning The Gun On Tort Law: Aiming At Courts To Take Products Liability To The Limit., Donald E. Santarelli, Nicholas E. Calio Jan 1983

Turning The Gun On Tort Law: Aiming At Courts To Take Products Liability To The Limit., Donald E. Santarelli, Nicholas E. Calio

St. Mary's Law Journal

Abstract Forthcoming.


A Synopsis Of The Federal Juvenile Delinquency Act., William S. Sessions, Faye M. Bracey Jan 1983

A Synopsis Of The Federal Juvenile Delinquency Act., William S. Sessions, Faye M. Bracey

St. Mary's Law Journal

The Juvenile Justice and Delinquency Prevention Act of 1974 (Act) was passed by the United States Congress on September 7, 1974. The Act amended the Federal Juvenile Delinquency Act (FJDA) which had been virtually unchanged since its enactment in 1938. The Act sets up a procedural framework for the treatment of minors who are within the jurisdictional reach of a federal court due to the commission of an act which contradicts a federal criminal statute. With a thorough understanding of the original FJDA and its amendments, benefits, required procedures, and a juvenile’s constitutional rights, counsel for a juvenile offender in …


Reciprocal Agreements In Shopping Center Developments., Thomas J. Terkel Jan 1983

Reciprocal Agreements In Shopping Center Developments., Thomas J. Terkel

St. Mary's Law Journal

Abstract Forthcoming.


Fundamentals Of Doing Business With Mexico: After The Exchange Control., Carlos R. Valencia Barrera, Rodrigo Sanchez-Mejorada Rodrigo Jan 1983

Fundamentals Of Doing Business With Mexico: After The Exchange Control., Carlos R. Valencia Barrera, Rodrigo Sanchez-Mejorada Rodrigo

St. Mary's Law Journal

Abstract Forthcoming.


Adjudicative Resolution Of Commercial Disputes Between Nationals Of The United States And Mexico., Edward H. Kurth Jan 1983

Adjudicative Resolution Of Commercial Disputes Between Nationals Of The United States And Mexico., Edward H. Kurth

St. Mary's Law Journal

Abstract Forthcoming.


Historic District Zoning: A Texas Overview., Margaret Corning Boldrick Jan 1983

Historic District Zoning: A Texas Overview., Margaret Corning Boldrick

St. Mary's Law Journal

Abstract Forthcoming.


The Windfall Profit Tax Exposed., J. Matthew Dow Jan 1983

The Windfall Profit Tax Exposed., J. Matthew Dow

St. Mary's Law Journal

Abstract Forthcoming.


Exemption Of Government Securities Vs. State Taxation Of Bank Stock: A Legal Tug-Of-War., Thomas M. Schlenker Jan 1983

Exemption Of Government Securities Vs. State Taxation Of Bank Stock: A Legal Tug-Of-War., Thomas M. Schlenker

St. Mary's Law Journal

Abstract Forthcoming.


Community Property - Division Of Property Upon Divorce - Property Acquired During Marriage In A Common Law State Except By Gift, Devise, Or Descent Should Be Treated As Community Property., David H. Brock Jan 1983

Community Property - Division Of Property Upon Divorce - Property Acquired During Marriage In A Common Law State Except By Gift, Devise, Or Descent Should Be Treated As Community Property., David H. Brock

St. Mary's Law Journal

Abstract Forthcoming.


Profits Derived From Racketeering Activity Are Forfeitable Interests Under 18 U.S.C. Section 1963., William Maines Jan 1983

Profits Derived From Racketeering Activity Are Forfeitable Interests Under 18 U.S.C. Section 1963., William Maines

St. Mary's Law Journal

Abstract Forthcoming.


A Theory Of Equal Protection Symposium - Selected Topics On Constitutional Law., David A. Dittfurth Jan 1983

A Theory Of Equal Protection Symposium - Selected Topics On Constitutional Law., David A. Dittfurth

St. Mary's Law Journal

Equal protection must prohibit arbitrary governmental classifications or differentiation. The Supreme Court is a unique authority because of its power to create constitutional law and because of its symbolic position in this society as a bearer of the Constitution as aegis. The Fourteenth Amendment, which is derived from the Equal Protection Clause, is one of the most important areas of constitutional law. Governmental decisionmakers must consider equal protection doctrine since they are frequently required to discriminate among those arguably qualified in order to determine who should bear the burden of governmental action or receive the benefits of governmental largess. A …


A Constitutional Analysis Of The English Literacy Requirement Of The Naturalization Act Symposium - Selected Topics On Constitutional Law., Ricardo Gonzalez Cedillo Jan 1983

A Constitutional Analysis Of The English Literacy Requirement Of The Naturalization Act Symposium - Selected Topics On Constitutional Law., Ricardo Gonzalez Cedillo

St. Mary's Law Journal

Abstract Forthcoming.


Representative Democracy Symposium - Selected Topics On Constitutional Law., Glen E. Thurow Jan 1983

Representative Democracy Symposium - Selected Topics On Constitutional Law., Glen E. Thurow

St. Mary's Law Journal

Abstract Forthcoming.