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Articles 1 - 5 of 5
Full-Text Articles in Law
Child Custody In Texas And The Best Interest Standard: In The Best Interest Of Whom., Raymon Zapata
Child Custody In Texas And The Best Interest Standard: In The Best Interest Of Whom., Raymon Zapata
The Scholar: St. Mary's Law Review on Race and Social Justice
Texas courts should not apply the best interest standard established in Holley v. Adams to all child custody disputes because it is not a one-size-fits all approach. In Holley, a parental rights termination case, the Texas Supreme Court listed factors to consider when evaluating the best interest of the child. These factors, however, do not adequately address all the issues in a child custody case. Additionally, specific factors including parent’s wishes, religion, race, or the parents' sexual preference are not considered Holley factors. Another significant problem with relying on Holley is that judges are not required to address each factor …
Secured Transaction History: The Impact Of English Smuggling On The Chattel Mortgage Acts In The Spanish Borderlands, George Lee Flint Jr, Marie Juliet Alfaro
Secured Transaction History: The Impact Of English Smuggling On The Chattel Mortgage Acts In The Spanish Borderlands, George Lee Flint Jr, Marie Juliet Alfaro
Faculty Articles
Spanish colonies, including the territories of Florida, Louisiana, and southwestern America, acknowledged the jurisdiction of Spanish royal decrees. The colonies approached the registration of mortgages in a similar but more tentative fashion, recognizing the distances between the borderlands and the registrar’s offices. The law developed differently in Florida and Louisiana, which were administered by a different governmental body. While the registration process was required for chattel mortgages on slaves, there is no evidence the rules were enforced or applied to other types of mortgages on personalty. However, in 1770, Louisiana adopted a filing requirement for chattel mortgages for all slaves …
By Any Means Necessary: Evaluating The Effectiveness Of Texas' Dna Testing Law In The Adjudication Of Free-Standing Claims Of Actual Innocence, Daryl E. Harris
By Any Means Necessary: Evaluating The Effectiveness Of Texas' Dna Testing Law In The Adjudication Of Free-Standing Claims Of Actual Innocence, Daryl E. Harris
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Privacy Lost: Comparing The Attenuation Of Texas's Article 1, Section 9 And The Fourth Amendment., Kimberly S. Keller
Privacy Lost: Comparing The Attenuation Of Texas's Article 1, Section 9 And The Fourth Amendment., Kimberly S. Keller
St. Mary's Law Journal
The Fourth Amendment to the United States Constitution requires that all searches and seizures be reasonable. Article I, Section 9 of the Texas Constitution mirrors its federal counterpart, requiring reasonableness in regard to intrusive governmental action. In examining these texts, both the federal and state provisions are comprised of two independent clauses: (1) the Reasonableness Clause, which prohibits unreasonable searches and seizures; and (2) the warrant clause, which provides that warrants may issue only upon a showing of probable cause. Both the federal and Texas constitutions include explicit language regulating the government’s right to intrude on a person’s privacy. This …
Putting Health Care Providers At A Loss And Consumers At Risk: Why Hmos Should Be Held Accountable For The Financial Instability Of Their Delegated Networks., Anish P. Michael
Putting Health Care Providers At A Loss And Consumers At Risk: Why Hmos Should Be Held Accountable For The Financial Instability Of Their Delegated Networks., Anish P. Michael
St. Mary's Law Journal
This Comment explores why health maintenance organizations (HMOs) such as PacifiCare should be held accountable for the financial instabilities of their delegated networks. Part II discusses the organization of the managed care system and the assessment of Texas laws currently enforcing managed care in the state. Incorporated in this discussion is a look at the risks delegated networks bear when contracting with HMOs to provide payment for individualized care. Part III analyzes the increasing trend of financial instability by presenting the views of the HMOs, the delegated networks, the health care providers, and the consumers enrolled in the health plan. …