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Full-Text Articles in Law
Prisoners' Redress For Deprivation Of A Constitutional Right: Federal Habeas Corpus And The Civil Rights Act., Daniel J. Sheehan Jr.
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
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 …
The Franchisor's Dilemma: Justifying Tying Arrangements In Antitrust Suits., Larry R. Patton
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 Definition Of Indigency: A Modern-Day Legal Jabberwocky., Charles E. Evans
The Definition Of Indigency: A Modern-Day Legal Jabberwocky., Charles E. Evans
St. Mary's Law Journal
It is appropriate for legal scholars to attempt to identify what the term “indigency” means as a legal standard as it elicits large disparities in connotation, and therefore, in treatment. In fact, there are so many connotations to choose from that different jurisdictions often look upon the word as a flexible standard which is inherently vague. Such vagueness can only lead to abuse by those who do not really need financial assistance. Three main views exist regarding the proper definition of the word. One group of scholars argues that “indigency” standards should be based on actual income, while a second …
The Pyramiding Of Presumptions And Inferences In Texas., Carlos S. Cadena
The Pyramiding Of Presumptions And Inferences In Texas., Carlos S. Cadena
St. Mary's Law Journal
Anti-pyramid rules are based in the idea that a finding based on nothing more than mere speculation should be rejected. Despite the frequent invocation of these rules, many Texas courts fail to utilize them correctly. Though countless decisions lay down the general rule that a presumption cannot be based on another presumption and several state judiciaries pointing out the futility of basing an inference upon another inference, it is rare for the rules to be properly applied. This can be seen in Texas cases referencing and applying the rule. While a few cases justifiably apply the rule, in most cases, …
The Balance Between Individual Rights And Family Preservation: The Future Of The Parent-Child Immunity Doctrine In Texas., Robert L. Galligan
The Balance Between Individual Rights And Family Preservation: The Future Of The Parent-Child Immunity Doctrine In Texas., Robert L. Galligan
St. Mary's Law Journal
In the last decade approaching the 1970s, Texas has adopted a less rigid approach to the parent-child immunity doctrine, which equips parents with immunity from suits involving tort actions brought by their children. The support for this doctrine relies on the rationale that such actions disrupt family harmony and parental discipline averse to a civil society. This study examines the origin, development, and subsequent erosion of the parent-child immunity doctrine in other state jurisdictions by analyzing its development in common law. Texas’s approach to the parent-child immunity doctrine mirrors the developments of other state jurisdictions. While some states eliminated the …
Benefits Vs. Money As Compensation In A Partial Taking., Shelby A. Jordan
Benefits Vs. Money As Compensation In A Partial Taking., Shelby A. Jordan
St. Mary's Law Journal
This article compares and contrasts two different procedures courts use to ascertain a property's fair market value in an eminent domain proceeding. Twenty-seven states, the majority view, support the proposition that special but not general benefits may be deducted from any damages alleged to the remainder. However, neither special nor general benefits may be deducted from the value of the land taken. On the other hand, minority jurisdictions allow benefits to be set off from the total compensation awarded. These jurisdictions refuse to draw an artificial line between compensation for damages to the remainder and compensation for the land taken. …