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St. Mary's Law Journal

1973

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Articles 1 - 30 of 56

Full-Text Articles in Law

The Texas Rule Of Liability Of Owners And Occupiers Of Land For Injuries Sustained By Business Invitees On The Premises - Revisited And Reconsidered., Larry R. Patton Dec 1973

The Texas Rule Of Liability Of Owners And Occupiers Of Land For Injuries Sustained By Business Invitees On The Premises - Revisited And Reconsidered., Larry R. Patton

St. Mary's Law Journal

Abstract Forthcoming.


Workmen's Compensation And Employer Suability: The Dual-Capacity Doctrine., Mary Quella Kelly Dec 1973

Workmen's Compensation And Employer Suability: The Dual-Capacity Doctrine., Mary Quella Kelly

St. Mary's Law Journal

Most current workmen’s compensation schemes allow an employee to sue a third party who negligently caused their injury while still receiving workmen’s compensation benefits. It is logical, then, that when an employee is injured due to the employer’s negligence arising from a second capacity that creates obligations independent from those of an employer, the right to bring a common law action should not be denied. For instance, a doctor still owes his patients the duty of providing good medical care, regardless of whether that patient is an employee. However, the majority of courts continue to reject this “dual capacity” doctrine …


A Corporation May Not Contribute Funds To Affect The Outcome Of A Referendum., Larry D. Brockman Dec 1973

A Corporation May Not Contribute Funds To Affect The Outcome Of A Referendum., Larry D. Brockman

St. Mary's Law Journal

Abstract Forthcoming.


Creditors' Post-Judgment Remedies In Texas., Student Symposium Dec 1973

Creditors' Post-Judgment Remedies In Texas., Student Symposium

St. Mary's Law Journal

Abstract Forthcoming.


Comparative Negligence: An Exercise In Applied Justice., Wayne Fisher, James Nugent, Craig Lewis Dec 1973

Comparative Negligence: An Exercise In Applied Justice., Wayne Fisher, James Nugent, Craig Lewis

St. Mary's Law Journal

Abstract Forthcoming.


The Defense Of Assumption Of Risk Under Comparative Negligence., Joe E. Anderson Dec 1973

The Defense Of Assumption Of Risk Under Comparative Negligence., Joe E. Anderson

St. Mary's Law Journal

Abstract Forthcoming.


Comparative Negligence And The Special Verdict., Carlos C. Cadena Dec 1973

Comparative Negligence And The Special Verdict., Carlos C. Cadena

St. Mary's Law Journal

Abstract Forthcoming.


Creditors' Self-Help Remedies Under Ucc Section 9-503: Violative Of Due Process In Texas., David Hughes Dec 1973

Creditors' Self-Help Remedies Under Ucc Section 9-503: Violative Of Due Process In Texas., David Hughes

St. Mary's Law Journal

In Sniadach v. Family Fiance Corp. and Fuentes v. Shevin, the Supreme Court stated that the due process clause of the 14th Amendment requires notice and an opportunity to be heard before seizing property under color of state law. Accordingly, creditor self-help repossession under Section 9.503 of the Uniform Commercial Code, and its Texas counterpart, are now constitutionally suspect, which can be seen in the numerous constitutional attacks in federal courts. Because deprivation of due process requires some form of state action, numerous cases have litigated the scope of state action. To find state action, there must be conduct of …


The Expanding Rights Of Third Parties Under The Internal Revenue Service's Tax Preparers Project: A Limit On Internal Revenue Fishing Expeditions., Gregory A. Mazza Dec 1973

The Expanding Rights Of Third Parties Under The Internal Revenue Service's Tax Preparers Project: A Limit On Internal Revenue Fishing Expeditions., Gregory A. Mazza

St. Mary's Law Journal

Abstract Forthcoming.


Common Law Fiduciary Concepts Extend Liability For Disclosure Of Inside Information To Third Parties., Matthew M. Julius Dec 1973

Common Law Fiduciary Concepts Extend Liability For Disclosure Of Inside Information To Third Parties., Matthew M. Julius

St. Mary's Law Journal

Abstract Forthcoming.


Unlawful In Texas To Waive Right To File A Claim In Return For Compensation., Preston L. Dodson Dec 1973

Unlawful In Texas To Waive Right To File A Claim In Return For Compensation., Preston L. Dodson

St. Mary's Law Journal

Abstract Forthcoming.


Ohio Clarifies Position On Judicial Impartiality., Virginia M. Jordan Dec 1973

Ohio Clarifies Position On Judicial Impartiality., Virginia M. Jordan

St. Mary's Law Journal

Abstract Forthcoming.


Legislative Ethics, 1973., James R. Nowlin Sep 1973

Legislative Ethics, 1973., James R. Nowlin

St. Mary's Law Journal

Approaching the 63d Regular Session of the Texas State Legislature, the need to establish new standards of ethical conduct for the attorney-legislators had increased substantially in public support. The “Sharpstown” Bank scandal and the recent indictments of several present and former state legislators, on numerous counts of theft of state funds, had severely eroded public confidence in the moral turpitude of state lawmakers. This study examines the Texas state legislative process and the conflicting interests that arise in the task of drafting and passing bills in the House of Representatives and the Senate. There were several attempts, prior to 1973, …


Exercise Of Federal Court Jurisdiction Not Specifically Conferred - Introduction: If This Be Treason., Robert K. Walsh Sep 1973

Exercise Of Federal Court Jurisdiction Not Specifically Conferred - Introduction: If This Be Treason., Robert K. Walsh

St. Mary's Law Journal

Abstract Forthcoming.


State Trade Secret Law May Not Grant Privileges Denied By Federal Patent Law., Margaret Gray Knodell Sep 1973

State Trade Secret Law May Not Grant Privileges Denied By Federal Patent Law., Margaret Gray Knodell

St. Mary's Law Journal

Abstract Forthcoming.


Perfection Of A California Tax Lien., Lewis D. Wall Sep 1973

Perfection Of A California Tax Lien., Lewis D. Wall

St. Mary's Law Journal

Abstract Forthcoming.


Limitation On Artificial Accounting Losses (Lal): Another Assault On The Tax Shelter., Jeffrey Clarke Anderson Sep 1973

Limitation On Artificial Accounting Losses (Lal): Another Assault On The Tax Shelter., Jeffrey Clarke Anderson

St. Mary's Law Journal

Abstract Forthcoming.


Reduction And Exclusion Clauses In Uninsured Motorist Coverage., Royal H. Brin Jr. Sep 1973

Reduction And Exclusion Clauses In Uninsured Motorist Coverage., Royal H. Brin Jr.

St. Mary's Law Journal

Abstract Forthcoming.


Statutory Grandchild Visitation., Duncan Gault Sep 1973

Statutory Grandchild Visitation., Duncan Gault

St. Mary's Law Journal

Abstract Forthcoming.


Negligence Per Se And Excuse For A Statutory Violation In Texas., Frank Bivin Murchison Sep 1973

Negligence Per Se And Excuse For A Statutory Violation In Texas., Frank Bivin Murchison

St. Mary's Law Journal

Abstract Forthcoming.


Pyramiding Of Uninsured Motorist Protection: The Confusion Inherent In Overgeneralization., Myron E. East Jr. Sep 1973

Pyramiding Of Uninsured Motorist Protection: The Confusion Inherent In Overgeneralization., Myron E. East Jr.

St. Mary's Law Journal

Abstract Forthcoming.


Constructive Knowledge Of Defective Condition Is Imposed Upon Landowner., A. Chris Heinrichs Sep 1973

Constructive Knowledge Of Defective Condition Is Imposed Upon Landowner., A. Chris Heinrichs

St. Mary's Law Journal

Abstract Forthcoming.


Problems In Upholding The Standard For Female Employees., Michael H. Bailey Jun 1973

Problems In Upholding The Standard For Female Employees., Michael H. Bailey

St. Mary's Law Journal

Abstract Forthcoming.


Mobile Home Financing., James N. Castleberry Jun 1973

Mobile Home Financing., James N. Castleberry

St. Mary's Law Journal

Abstract Forthcoming.


Who Has Access To The Private Offering Exemption., John D. Fisch Jun 1973

Who Has Access To The Private Offering Exemption., John D. Fisch

St. Mary's Law Journal

Abstract Forthcoming.


A Prejudgment Remedy Myst Provide Notice And A Prior Hearing., Michael J. Noonan Jun 1973

A Prejudgment Remedy Myst Provide Notice And A Prior Hearing., Michael J. Noonan

St. Mary's Law Journal

Abstract Forthcoming.


Public Impairment Of Right To Access Is Compensable., Larry W. Harrison Jun 1973

Public Impairment Of Right To Access Is Compensable., Larry W. Harrison

St. Mary's Law Journal

Abstract Forthcoming.


Fifth Amendment Protection Does Not Extend To Documents In Possesion Of Taxpayer's Attorney., Samuel R. Graham Jun 1973

Fifth Amendment Protection Does Not Extend To Documents In Possesion Of Taxpayer's Attorney., Samuel R. Graham

St. Mary's Law Journal

Abstract Forthcoming.


Nonparticipating Corporate Director Owes No Duty To Insure That All Material, Adverse Information Is Conveyed To Prospective Purchasers., Robert F. Nelson Jun 1973

Nonparticipating Corporate Director Owes No Duty To Insure That All Material, Adverse Information Is Conveyed To Prospective Purchasers., Robert F. Nelson

St. Mary's Law Journal

Abstract Forthcoming.


The Right Of Privacy Is Recognized In Texas., Patrick K. Sheehan Jun 1973

The Right Of Privacy Is Recognized In Texas., Patrick K. Sheehan

St. Mary's Law Journal

Abstract Forthcoming.