Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

St. Mary's Law Journal

§ 9

Publication Year

Articles 1 - 4 of 4

Full-Text Articles in Law

Professional Responsibility And The Litigator: A Comprehensive Guide To Texas Disciplinary Rules 3.01 Through 4.04., Barbara Hanson Nellermoe, Fidel Rodriguez Jr. Jan 1997

Professional Responsibility And The Litigator: A Comprehensive Guide To Texas Disciplinary Rules 3.01 Through 4.04., Barbara Hanson Nellermoe, Fidel Rodriguez Jr.

St. Mary's Law Journal

In 1991, the Texas Supreme Court addressed the issue of widespread discovery abuse. Technological advancements have brought new challenges to an attorney’s conduct in litigation and in the discovery process. The Texas Code of Professional Responsibility was repealed in 1990 and was replaced by Article 10, § 9 of the State Bar Rules (the Texas Disciplinary Rules of Professional Conduct). The Order of Adoption of the Texas Lawyer’ Creed states “the conduct of a lawyer should be characterized at all time by honest, candor, and fairness.” It is therefore mandatory for attorneys to refrain from engaging in conduct involving dishonesty, …


Unpublished Opinions Shall Not Be Cited As Authority: The Emerging Contours Of Texas Rule Of Appellate Procedure 90(I)., David M. Gunn Jan 1992

Unpublished Opinions Shall Not Be Cited As Authority: The Emerging Contours Of Texas Rule Of Appellate Procedure 90(I)., David M. Gunn

St. Mary's Law Journal

In Texas, worries of judicial overproduction have persisted throughout the twentieth century. Although the Texas Supreme Court began to use per curiam opinions more frequently around 1925, the flood continues. Texas now has more courts and judges than ever before, and history offers no reason to expect retrenchment. The present scheme in Texas creates two classes of judicial opinions, published and unpublished. Unpublished opinions are not supposed to count for purposes of stare decisis, while published opinions do. Texas Appellate Rule 90 regulates the issuance of opinions from the courts of appeals. Part (a) requires intermediate courts to issue written …


Heitman V. State: The Question Left Unanswered., Matthew W. Paul, Jeffrey L. Van Horn Jan 1992

Heitman V. State: The Question Left Unanswered., Matthew W. Paul, Jeffrey L. Van Horn

St. Mary's Law Journal

In Heitman v. State, the Texas Court of Criminal Appeals appeared to break with the court’s prior holdings to announce it would no longer “automatically adopt and apply” to the search and seizure provisions of the Texas Constitution “the Supreme Court’s interpretations of the Fourth Amendment.” The reaction to Heitman was immediate and striking. Heitman is obviously a significant decision that could impact Texas criminal jurisprudence for decades. Yet, the decision left many questions unanswered, including whether the search and seizure provision should be construed as placing greater restrictions on law enforcement than the Fourth Amendment of the United States …


United States Customs Law Affecting The Movement Of Goods Into And Out Of Mexico., Robert T. Givens, Rayburn Berry Jan 1992

United States Customs Law Affecting The Movement Of Goods Into And Out Of Mexico., Robert T. Givens, Rayburn Berry

St. Mary's Law Journal

Trade between the United State and Mexico rose dramatically over the past decade. Several factors account for this increase in trade. These factors include the relative weakness of the Mexican currency, growth of the maquiladora industry, and increased Mexican production of exportable products generally. Other factors include Mexico’s 1986 accession to General Agreements Tariff and Trade (GATT), the resultant lowering of Mexican customs duties, and a good long-term working relationship between the two countries. If ongoing negotiations culminate in a North American Free Trade Agreement (NAFTA) the trend will accelerate.

Laws regulating the importation of merchandise into the United States …