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2002

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Articles 6271 - 6300 of 8369

Full-Text Articles in Law

Dispelling Tina's Ghost From The Post-Enron Corporate Governance Debate, Michael E. Murphy Jan 2002

Dispelling Tina's Ghost From The Post-Enron Corporate Governance Debate, Michael E. Murphy

Santa Clara Law Review

No abstract provided.


How The Sat Creates Built-In-Headwinds: An Educational And Legal Analysis Of Disparate Impact, William C. Kidder, Jay Rosner Jan 2002

How The Sat Creates Built-In-Headwinds: An Educational And Legal Analysis Of Disparate Impact, William C. Kidder, Jay Rosner

Santa Clara Law Review

No abstract provided.


Mistaken Identifications Cause Wrongful Convictions: New Jersey's Lineup Guidelines Restore Hope, But Are They Enough?, Dori Lynn Yob Jan 2002

Mistaken Identifications Cause Wrongful Convictions: New Jersey's Lineup Guidelines Restore Hope, But Are They Enough?, Dori Lynn Yob

Santa Clara Law Review

No abstract provided.


Book Review [The World Court In Action: Judging Among The Nations], Santa Clara Law Review Jan 2002

Book Review [The World Court In Action: Judging Among The Nations], Santa Clara Law Review

Santa Clara Law Review

No abstract provided.


Appeals From Pleas Of Guilty And Nolo Contendere: History And Procedural Considerations., Kevin Yeary Jan 2002

Appeals From Pleas Of Guilty And Nolo Contendere: History And Procedural Considerations., Kevin Yeary

St. Mary's Law Journal

The changing history of appeal rights—made through decisional interpretation by the Texas Court of Criminal Appeals—highlights the importance of staying current on interpretations of procedural and substantive rules. Lawyers owe their clients a duty to understand the history of the right to appeal from a conviction following a guilty plea. Additionally, they owe their clients a duty to understand substantive and procedural requirements for maintaining such appeals, as well as to stay abreast of changes affecting these appeals. Recently, the Texas Court of Criminal Appeals handed down several opinions drastically reshaping the landscape for appeals following pleas of guilty and …


An Essay On The Tort Of Negligent Infliction Of Emotion Distress In Texas: Stop Saying It Does Not Exist., Charles E. Cantu Jan 2002

An Essay On The Tort Of Negligent Infliction Of Emotion Distress In Texas: Stop Saying It Does Not Exist., Charles E. Cantu

St. Mary's Law Journal

The injury of emotional distress is an interesting tort, which has long perplexed the Anglo-American system of jurisprudence. While, originally, allegations of this kind did not constitute a cause of action, today, there is no question that an injured plaintiff may recover for the infliction of emotional distress. The majority and minority positions differ now only on what must be alleged and proved. Texas was the first jurisdiction in the United States to allow recovery for mental anguish. However, in 1993 in the case of Boyles v. Kerr, the Texas Supreme Court appeared to depart from the majority view when …


Ethics: Lawyering And Professionalism., Broadus A. Spivey Jan 2002

Ethics: Lawyering And Professionalism., Broadus A. Spivey

St. Mary's Law Journal

Because public perception is a major issue that confronts the legal community, Texas encourages lawyers to maintain a civil, professional, and courteous environment. The work of lawyers may be divided into three parts: first, a lawyer must consider several factors when communicating with a potential client; second, a lawyer must attend to the creation of the lawyer-client relationship; and third, a lawyer must effectively manage the lawyer-client relationship. The rules of ethical deportment for attorneys are contained in the Texas Disciplinary Rules of Professional Conduct, which specifically address barratry and similar offenses related to the improper solicitation of potential clients. …


Shoot Out At The Not-O.K. Corral Or Privileged Client Communications - Lost And Found In Texas., Walter W. Steele Jr. Jan 2002

Shoot Out At The Not-O.K. Corral Or Privileged Client Communications - Lost And Found In Texas., Walter W. Steele Jr.

St. Mary's Law Journal

Texas’s solutions to inadvertently disclosed privileged material are unworkable. Confidentiality of client information is a bedrock of the legal profession. Nonetheless, some confidential information invariably leaks out. The most common leak occurs when a lawyer inadvertently includes privileged material in boxes of documents produced in response to a legitimate discovery request. After the opposing lawyer finds the “hot documents” in the box, the problems begin. The Texas Supreme Court adopted what amounts to the reasonable precautions test in Granada Corp. v. First Court of Appeals. The cornerstone of the Granada holding is the involuntary nature of the production of the …


Proposed Conflict Of Interest And Confidentiality Rules., Luther H. Soules Iii Jan 2002

Proposed Conflict Of Interest And Confidentiality Rules., Luther H. Soules Iii

St. Mary's Law Journal

The Texas Supreme Court and the State Bar of Texas should fully adopt the proposals to the Rules of Professional Conduct 1.05–1.13 addressing attorney confidentiality and conflicts of interest. Historically, the Rules of Professional Conduct have set a floor which a lawyer may be subject to discipline, the Rules, however, do not offer bright lines for deciding questions of law, ethics, or fairness. Because the rules of professional responsibility in the legal industry are ambiguous in nature and often encumber a lawyer’s ability to effectively represent clients, the Texas Disciplinary Rules Committee recommends modification to the Rules of Professional Conduct …


Observation On The Evolution Of Minorities In The Law: From Law School To Practice, Charles E. Cantu Jan 2002

Observation On The Evolution Of Minorities In The Law: From Law School To Practice, Charles E. Cantu

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming


Federal And State Law Encroachment On Individual Rights, William Clark Harrel Jan 2002

Federal And State Law Encroachment On Individual Rights, William Clark Harrel

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming


Legal And Policy Implications For A New Era: The "War On Terror", Jeffrey F. Addicott Jan 2002

Legal And Policy Implications For A New Era: The "War On Terror", Jeffrey F. Addicott

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming


Why The Injection Of Race In Saldano V. State Constitutes Fundamental Error, Diana L. Hoermann Jan 2002

Why The Injection Of Race In Saldano V. State Constitutes Fundamental Error, Diana L. Hoermann

The Scholar: St. Mary's Law Review on Race and Social Justice

This article examines the historical use of a person’s race in the legal system, more specifically in criminal cases. Race should not determine the quality of justice an individual receives. An enlightened criminal justice system would not allow race to determine a person’s fate. However, the Texas criminal justice system allows the consideration of a person’s race in determining whether that person should receive the death penalty. In Victor Hugo Saldano v. The State of Texas, an unpublished opinion, the Texas Criminal Court of Appeals upheld the imposition of the death penalty where the jury heard an expert witness claim …


Human Rights Don't Stop At The Border: Why Texas Should Provide Preventative Health Care For Undocumented Immigrants, Alexander Vivero Neill Jan 2002

Human Rights Don't Stop At The Border: Why Texas Should Provide Preventative Health Care For Undocumented Immigrants, Alexander Vivero Neill

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming


2002-2003 School Year (Incomplete), St. Mary's University School Of Law Jan 2002

2002-2003 School Year (Incomplete), St. Mary's University School Of Law

The Witan

No abstract provided.


Constitutional Law - Inverse Condemnation: Supreme Court Gives Property Owners New Rights, Brent L. Slipka Jan 2002

Constitutional Law - Inverse Condemnation: Supreme Court Gives Property Owners New Rights, Brent L. Slipka

North Dakota Law Review

No abstract provided.


Making The Court An Open Public Institution, Michael S. Raum Jan 2002

Making The Court An Open Public Institution, Michael S. Raum

North Dakota Law Review

No abstract provided.


North Dakota Supreme Court Review Jan 2002

North Dakota Supreme Court Review

North Dakota Law Review

No abstract provided.


Judicial Personality: Rhetoric And Emotion In Supreme Court Opinions, Laura Krugman Ray Jan 2002

Judicial Personality: Rhetoric And Emotion In Supreme Court Opinions, Laura Krugman Ray

Washington and Lee Law Review

No abstract provided.


Salt Lake City V. Thomas James Taylor : Brief Of Appellant, Utah Court Of Appeals Jan 2002

Salt Lake City V. Thomas James Taylor : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

THIS lS AN APPEAL FROM THE CONVICTION AND SENTENCE ENTERED IN THE THIRD DISTRICT COURT, SALT COUNTY


State Of Utah V. David Hittle : Brief Of Respondent, Utah Court Of Appeals Jan 2002

State Of Utah V. David Hittle : Brief Of Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM FOURTH JUDICIAL COURT, UTAH COUNTY, STATE OF UTAH, FROM A CONVICTION FOR CRIMINAL NON-SUPPORT, CLASS A MISDEMEANOR


Utah V. Jeffery Randall Smit Aka Jeffery Randall Cates : Brief Of Appellee, Utah Court Of Appeals Jan 2002

Utah V. Jeffery Randall Smit Aka Jeffery Randall Cates : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A DENIAL OF A MOTION TO WITHDRAW A GUILTY PLEA TO ONE COUNT OF CRIMINAL NONSUPPORT, A THIRD DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 76-7-201 (Supp. 1999), IN THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY, THE HONORABLE JOSEPH C. FRATTO PRESIDING


The State Of Utah V. Richard Dale Houston : Reply Brief, Utah Court Of Appeals Jan 2002

The State Of Utah V. Richard Dale Houston : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

REPLY BRIEF OF APPELLANT Appeal from a conviction for Aggravated Robbery, a first degree felony, in violation of Utah Code Ann. § 76-6-302 (1999), in the Third Judicial District Court, State of Utah, the Honorable Ann. M. Boyden, Judge, presiding.


State Of Utah V. Richard Dale Houston : Brief Of Appellant, Utah Court Of Appeals Jan 2002

State Of Utah V. Richard Dale Houston : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

This is an appeal from a conviction for Aggravated Robbery, a first degree felony, in violation of Utah Code Ann. § 76-6-302 (1999), in the Third Judicial District Court, State of Utah, the Honorable Ann. M. Boyden, Judge, presiding.


State Of Utah V. Richard Dale Houston : Brief Of Appellee, Utah Court Of Appeals Jan 2002

State Of Utah V. Richard Dale Houston : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A CONVICTION OF AGGRAVATED ROBBERY, A FIRST DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 76- 6-302 (1999), IN THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE ANN M. BOYDEN, PRESIDING


The State Of Utah V. Rodolfo Sotolongo : Reply Brief, Utah Court Of Appeals Jan 2002

The State Of Utah V. Rodolfo Sotolongo : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from a judgment of conviction for aggravated assault, a third degree felony in violation of Utah Code Annotated section 76-5-103(3) (1999), in the Third Judicial District Court, in and for Salt Lake County, State of Utah, the Honorable Robin W. Reese, presiding.


The State Of Utah V. Jared Casanova : Reply Brief, Utah Court Of Appeals Jan 2002

The State Of Utah V. Jared Casanova : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

REPLY BRIEF OF APPELLANT Appeal from a judgment of conviction for aggravated robbery, a first degree felony, in violation of Utah Code Ann. § 76-6-302 (1999); attempted theft, a third degree felony, in violation of Utah Code Ann. § 76-6-404 (1999); failure to respond to an officer's signal to stop, a third degree felony, in violation of Utah Code Ann. §41-6-13.5 (Supp. 2001); and attempted escape, a class A misdemeanor, in violation of Utah Code Ann. § 76-8-309 (1999), in the Third Judicial District Court in and for Salt Lake County, State of Utah, the Honorable Robin W. Reese, Judge, …


State Of Utah V. Troy Stephen Hechtle : Brief Of Appellee, Utah Court Of Appeals Jan 2002

State Of Utah V. Troy Stephen Hechtle : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE JUDGMENT AND CONVICTION FOR DRIVING WITH A MEASURABLE CONTROLLED SUBSTANCE IN THE BODY, IN VIOLATION OF UTAH CODE ANNOTATED §41-6-44.6 (2000), A CLASS B MISDEMEANOR; UNLAWFUL POSSESSION OF A CONTROLLED SUBSTANCE, TO WIT: MARIJUANA, IN VIOLATION OF UTAH CODE ANNOTATED §58-37-8 (1999), A CLASS B MISDEMEANOR; AND POSSESSION OF DRUG PARAPHERNALIA, IN VIOLATION OF UTAH CODE ANNOTATED §58-37A-5 (1981), A CLASS B MISDEMEANOR, IN THE FIFTH JUDICIAL DISTRICT COURT, IRON COUNTY, STATE OF UTAH, THE HONORABLE J. PHILIP EVES, JUDGE PRESIDING.


Brigham Young University V. Tremco Consultants, Inc Aka Tremco Legal Solutions, Inc And John Does 1-10, Softsolutions, Inc : Brief Of Appellant, Utah Court Of Appeals Jan 2002

Brigham Young University V. Tremco Consultants, Inc Aka Tremco Legal Solutions, Inc And John Does 1-10, Softsolutions, Inc : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the Fourth District Court, Utah County The Honorable Fred D. Howard Consolidated District Court Cases 960400497 and 000400088


Wayne J. Soules V. Dale H. Curtis : Brief Of Appellee, Utah Court Of Appeals Jan 2002

Wayne J. Soules V. Dale H. Curtis : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE FINAL JUDGMENT OF THE THIRD JUDICIAL DISTRICT COURT, HON. DENNIS J. FREDERICK, DATED JUNE 12, 2002 DISMISSING THE ABOVE CASE WITH PREJUDICE