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Articles 196951 - 196980 of 544830

Full-Text Articles in Law

Issues Concerning Charges For Driving While Intoxicated In Texas Federal Courts., Brian L. Owsley Jan 2011

Issues Concerning Charges For Driving While Intoxicated In Texas Federal Courts., Brian L. Owsley

St. Mary's Law Journal

Each year numerous defendants appear in courts located in Texas, both state and federal, charged with offenses related to driving while intoxicated (DWI). Defendants appearing before state courts are prosecuted pursuant to Texas statutes, regulations, and binding case law. In certain circumstances, defendants appearing in federal courts face the same statutory elements of a crime and the same potential penalties as in a Texas state court. In many of the cases, however, statutory elements and potential penalties differ. Furthermore, certain rights and regulations afforded to Texas state defendants are unavailable to those charged in federal courts located in the state. …

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Home Sweet Homestead - Not If You Are Subject To A Mandatory Homeowners' Association., Bridget M. Fuselier Jan 2011

Home Sweet Homestead - Not If You Are Subject To A Mandatory Homeowners' Association., Bridget M. Fuselier

St. Mary's Law Journal

Changes must be made to current Texas laws to strike a proper balance between the homeowners’ rights and the homeowners association’s (HOA) rights. The Texas Supreme Court’s decision in Inwood North Homeowners’ Ass’n v. Harris allows liens to attach to what would otherwise be considered homestead-protected property. Although the promise in Inwood was set forth in writing, touched and concerned the land, was intended to run with the land, and was properly recorded, that did not create a contractual lien. The court, however, incorrectly combined the concepts of liens and covenants. Furthermore, the court seemed to ignore the important and …

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What Happened: Confronting Confrontation In The Wake Of Bullcoming, Bryant, And Crawford., Dibrell Waldrip, Sara M. Berkeley Jan 2011

What Happened: Confronting Confrontation In The Wake Of Bullcoming, Bryant, And Crawford., Dibrell Waldrip, Sara M. Berkeley

St. Mary's Law Journal

Crawford v. Washington and its progeny demonstrate the difficulty of delineating both the core and the perimeter of the Confrontation Clause. Crawford abrogated Ohio v. Roberts, forcing trial lawyers to re-evaluate the use of various types of hearsay formerly admitted upon a finding of adequate “indicia of reliability.” Later the Court issued two decisions further altering the contours of Confrontation Clause jurisprudence. Michigan v. Bryant and Bullcoming v. New Mexico. With these options, the old Roberts “indicia of reliability” test transformed into the new “primary purpose” test to identify certain testimonial statements. By significantly altering the contours of Confrontation Clause …

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Limiting The Foreclosure Power Of Texas Hoas With A Percentage Threshold Comment., Laci Ehlers Jan 2011

Limiting The Foreclosure Power Of Texas Hoas With A Percentage Threshold Comment., Laci Ehlers

St. Mary's Law Journal

Abstract Forthcoming.

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Memorandum: Accommodating The Uccjea And The 1996 Hague Convention, Robert G. Spector Jan 2011

Memorandum: Accommodating The Uccjea And The 1996 Hague Convention, Robert G. Spector

Faculty Articles

No abstract provided.

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When The Evil Day Comes, Will Title Vii's Disparate Impact Provision Be Narrowly Tailored To Survive An Equal Protection Clause Challenge, Eang Ngov Jan 2011

When The Evil Day Comes, Will Title Vii's Disparate Impact Provision Be Narrowly Tailored To Survive An Equal Protection Clause Challenge, Eang Ngov

Faculty Articles

"The road to hell is paved with good intentions." Employers must be careful about the intentional and unintentional effect of their employment practices, even when acting with good motive. Title VII’s disparate impact provision holds employers liable for employment practices that cause an adverse impact on racial groups, even when the employment practice applies equally to all groups and was not implemented to disadvantage a particular group. A prima facie case of disparate impact can arise solely based on numbers - a comparison between the rate at which one racial group passes a test or is selected for hiring or …

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Pleading And Proving Foreign Law In The Age Of Plausibility Pleading, Roger Michalski Jan 2011

Pleading And Proving Foreign Law In The Age Of Plausibility Pleading, Roger Michalski

Faculty Articles

No abstract provided.

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Introduction To The Iachr Report On Indigenous And Tribal Peoples’ Rights Over Their Ancestral Lands And Natural Resources: Norms And Jurisprudence Of The Inter-American Human Rights System, Taiawagi Helton Jan 2011

Introduction To The Iachr Report On Indigenous And Tribal Peoples’ Rights Over Their Ancestral Lands And Natural Resources: Norms And Jurisprudence Of The Inter-American Human Rights System, Taiawagi Helton

Faculty Articles

No abstract provided.

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The Timely Demise Of The Fourth Amendment Third Party Doctrine, Stephen E. Henderson Jan 2011

The Timely Demise Of The Fourth Amendment Third Party Doctrine, Stephen E. Henderson

Faculty Articles

In what may be a slightly premature obituary, in this response to a forthcoming paper by Matthew Tokson I argue that the Fourth Amendment third party doctrine "has at least taken ill, and it can be hoped it is an illness from which it will never recover." It is increasingly unpopular as a matter of state constitutional law, has long been assailed in scholarship but now thoughtful alternatives are percolating, and it cannot – or at least should not – withstand the pressures which technology and social norms are placing upon it. Even the Supreme Court seems loath to defend …

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Recent Developments: Bates V. Cohn: Once A Foreclosure Sale Occurs, A Debtor May No Longer Raise Defense Claims Including A Lender's Failure To Comply With Loss Mitigation Requirements; Only Procedural Irregularities May Be Raised As Post-Sale Exceptions, Gary Stapleton Jan 2011

Recent Developments: Bates V. Cohn: Once A Foreclosure Sale Occurs, A Debtor May No Longer Raise Defense Claims Including A Lender's Failure To Comply With Loss Mitigation Requirements; Only Procedural Irregularities May Be Raised As Post-Sale Exceptions, Gary Stapleton

University of Baltimore Law Forum

No abstract provided.

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Recent Developments: Cuffley V. State: Ambiguities Arising From The Interpretation Of The Sentencing Terms Of A Plea Agreement Must Be Resolved Solely Based On The Trial Court Record, With No Reference To Extrinsic Evidence, Under Maryland Rule 4-243, J. Burke Miller Jan 2011

Recent Developments: Cuffley V. State: Ambiguities Arising From The Interpretation Of The Sentencing Terms Of A Plea Agreement Must Be Resolved Solely Based On The Trial Court Record, With No Reference To Extrinsic Evidence, Under Maryland Rule 4-243, J. Burke Miller

University of Baltimore Law Forum

No abstract provided.

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Recent Developments: Ballard V. State: A Defendant's Statement, "You Mind If I Not Say No More And Just Talk To An Attorney About This," Was An Unambiguous And Unequivocal Invocation Of The Defendant's Sixth Amendment Right To Counsel, Which Required The Interrogation To Cease And Rendered Inadmissible All Statements Obtained Thereafter, Kayleigh Toth Jan 2011

Recent Developments: Ballard V. State: A Defendant's Statement, "You Mind If I Not Say No More And Just Talk To An Attorney About This," Was An Unambiguous And Unequivocal Invocation Of The Defendant's Sixth Amendment Right To Counsel, Which Required The Interrogation To Cease And Rendered Inadmissible All Statements Obtained Thereafter, Kayleigh Toth

University of Baltimore Law Forum

No abstract provided.

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Recent Developments: C & M Builders, Llc V. Strub: A Duty Of Care Under The Multi-Employer Workplace Doctrine Did Not Extend Liability To A Subcontractor That Created A Hazard But Exercised No Control Over The Worksite At The Time Of The Accident; Assumption Of Risk Was Established As A Matter Of Law And Motion For Judgment Was Improperly Denied, Shannon Laymon-Pecoraro Jan 2011

Recent Developments: C & M Builders, Llc V. Strub: A Duty Of Care Under The Multi-Employer Workplace Doctrine Did Not Extend Liability To A Subcontractor That Created A Hazard But Exercised No Control Over The Worksite At The Time Of The Accident; Assumption Of Risk Was Established As A Matter Of Law And Motion For Judgment Was Improperly Denied, Shannon Laymon-Pecoraro

University of Baltimore Law Forum

No abstract provided.

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The Freedom Of Information Act Trial, 61 Am. U. L. Rev. 217 (2011), Margaret B. Kwoka Jan 2011

The Freedom Of Information Act Trial, 61 Am. U. L. Rev. 217 (2011), Margaret B. Kwoka

UIC Law Open Access Faculty Scholarship

This Article examines the paucity of Freedom of Information Act (FOIA) cases that go to trial and courts' preference for resolving these disputes at the summary judgment stage. Using traditional legal analysis and empirical evidence, this Article explores whether we should expect FOIA cases to go to trial and how the scarcity of FOIA trials compares to the trial rate in civil litigation generally. It concludes that the unusual use of summary judgment in FOIA cases has unjustifiably all but eliminated FOIA trials, which occur in less than 1 % of FOIA cases. It further examines how conducting FOIA trials …

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What Do We Mean By An Independent Judiciary, 38 Ohio N.U. L. Rev. 133 (2011), Michael P. Seng Jan 2011

What Do We Mean By An Independent Judiciary, 38 Ohio N.U. L. Rev. 133 (2011), Michael P. Seng

UIC Law Open Access Faculty Scholarship

Issues continue to arise about judicial independence in the United States. The term judicial independence is often not defined with precision. Judicial independence has its roots in the doctrine of separation of powers. It is also grounded in due process and in ethical standards that require judges to be competent and impartial decision-makers. Judicial independence depends upon society having faith in the integrity of the courts. Accountability is thus the handmaid of an independent judiciary. This article defines both the structures and the ethical standards that ensure an independent judiciary.

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A Psychological Investigation Of Consumer Vulnerability To Fraud: Legal And Policy Implication, 35 Law & Psychol. Rev. 61 (2011), Jessica M. Choplin, Debra Pogrund Stark, Jasmine N. Ahmad Jan 2011

A Psychological Investigation Of Consumer Vulnerability To Fraud: Legal And Policy Implication, 35 Law & Psychol. Rev. 61 (2011), Jessica M. Choplin, Debra Pogrund Stark, Jasmine N. Ahmad

UIC Law Open Access Faculty Scholarship

No abstract provided.

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The Ninth Amendment As A Rule Of Construction, Ryan Williams Jan 2011

The Ninth Amendment As A Rule Of Construction, Ryan Williams

Faculty Scholarship

No abstract provided.

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Designing Agencies, Jacob Gersen Jan 2011

Designing Agencies, Jacob Gersen

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

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An Interpretation Of The Internal Revenue Code And Treasury Regulations Supporting The Tax Deductibility Of The Voluntary Charitable Contribution In Perpetuity Of A Partial Interest In An Appropriative Or Riparian Water Right Transferred Instream For Conservation Purposes (With An Emphasis On California Water Law), Thomas Hicks Jan 2011

An Interpretation Of The Internal Revenue Code And Treasury Regulations Supporting The Tax Deductibility Of The Voluntary Charitable Contribution In Perpetuity Of A Partial Interest In An Appropriative Or Riparian Water Right Transferred Instream For Conservation Purposes (With An Emphasis On California Water Law), Thomas Hicks

UC Law Environmental Journal

No abstract provided.

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Supernova Media, Inc., A New York Corporation, On Its Own Behalf, And ) Derivatively On Behalf Of Shannon's ] Rainbow, Llc, A Delaware Limited ] Liability Company, And Shannon's ] Rainbow, Llc, A Utah Limited Liability ; Company V. Pia Anderson Dorius Reynard And Moss, Llc, A Utah Limited Liability Company V. Kelly H. Nelson, An Individual, Et Al. : Reply Brief Of Appellants, Utah Supreme Court Jan 2011

Supernova Media, Inc., A New York Corporation, On Its Own Behalf, And ) Derivatively On Behalf Of Shannon's ] Rainbow, Llc, A Delaware Limited ] Liability Company, And Shannon's ] Rainbow, Llc, A Utah Limited Liability ; Company V. Pia Anderson Dorius Reynard And Moss, Llc, A Utah Limited Liability Company V. Kelly H. Nelson, An Individual, Et Al. : Reply Brief Of Appellants, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from an Order of Dismissal with Prejudice and Upon the Merits entered by The Honorable Glenn K. Iwasaki Third Judicial District Court of Salt Lake County, State of Utah.

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Introduction To Schreyer V Schreyer Jan 2011

Introduction To Schreyer V Schreyer

Canadian Journal of Family Law

No abstract provided.

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Out In The Cold: Schreyer V Schreyer’S Call For Law Reform, Susan Boyd, Janis Sarra Jan 2011

Out In The Cold: Schreyer V Schreyer’S Call For Law Reform, Susan Boyd, Janis Sarra

Canadian Journal of Family Law

No abstract provided.

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"See You On Skype!": Relocation, Access, And Virtual Parenting In The Digital Age, Christine E. Doucet Jan 2011

"See You On Skype!": Relocation, Access, And Virtual Parenting In The Digital Age, Christine E. Doucet

Canadian Journal of Family Law

Since its emergence in the 1990s, the Internet has been celebrated as a tool for connecting people from all corners of the globe. Electronic communication tools, such as the Internet, now have a significant role in daily life, particularly with young people. While the legal field traditionally lags behind in integrating technological advancements into practice, these developments are increasingly, albeit somewhat slowly, being incorporated in family law disputes. Courts are now considering the use of virtual visitation to facilitate access between noncustodial parents and their children, particularly in contested relocation cases. This paper will examine the use of virtual visitation …

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Book Review: Transforming Law’S Family: The Legal Recognition Of Planned Lesbian Motherhood By Fiona Kelly, Shelley A.M. Gavigan Jan 2011

Book Review: Transforming Law’S Family: The Legal Recognition Of Planned Lesbian Motherhood By Fiona Kelly, Shelley A.M. Gavigan

Canadian Journal of Family Law

No abstract provided.

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Mothers Wishing To Relocate With Children: Actual And Perceived Reasons, Patrick Parkinson, Judy Cashmore, Judi Single Jan 2011

Mothers Wishing To Relocate With Children: Actual And Perceived Reasons, Patrick Parkinson, Judy Cashmore, Judi Single

Canadian Journal of Family Law

Thirty-eight mothers in Australia who wanted to move with their children were interviewed about their reasons for wanting to relocate. Forty men, all of whom opposed the mother's move, were also interviewed about what they perceived the mother's reasons were. There were nine former couples in the study. Most women had more than one reason for wanting to relocate, and there were quite often disparate reasons. Women's reasons mainly focused on relationships with family or potential new partners. Conversely, men were more likely to perceive the real reasons as being related to financial issues, jobs, and lifestyle. The article explores …

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“Putting The Child First”: A Necessary Step In The Recognition Of The Right To Identity, Michelle Giroux, Mariana De Lorenzi Jan 2011

“Putting The Child First”: A Necessary Step In The Recognition Of The Right To Identity, Michelle Giroux, Mariana De Lorenzi

Canadian Journal of Family Law

In recent years, the number of nations which have banned the anonymous character of gamete donations has increased, including nations that once strongly supported such a position. This shift in national legislative policy worldwide has aided a growing recognition of the right to know one's origins in international law and gives a wider effect to this fundamental right. In Canada, while there has been discussion about the importance of the right to know one's biological origins, this right has not been universally guaranteed through legislation, either to adoptees or to the donor-conceived. This article refers mostly to Québec legislation, but …

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Schreyer V Schreyer: Should British Columbia Care?, Mark R. Slay Jan 2011

Schreyer V Schreyer: Should British Columbia Care?, Mark R. Slay

Canadian Journal of Family Law

No abstract provided.

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Introducing The Next Class Of Bastard: An Assessment Of The Definitional Implications Of The Succession Law Reform Act For After-Born Children, Courtney Retter Jan 2011

Introducing The Next Class Of Bastard: An Assessment Of The Definitional Implications Of The Succession Law Reform Act For After-Born Children, Courtney Retter

Canadian Journal of Family Law

After-born children are anachronistic aberrations. Defying any commonsense notion of procreation, an after-born child is conceived after the death of its parent. While a remarkable feat for reproductive medical science, posthumously conceived children push the boundaries of existing laws, creating problems previous generations of lawmakers did not need to consider. This article examines the challenges posed by after-born children in the area of intestate succession law. More specifically, using the province of Ontario as a case study, this article argues that the definitions of "child" and "issue" in the Succession Law Reform Act ["SLRA"] subject after-born children to …

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Donor Unknown: Assessing The Section 15 Rights Of Donor-Conceived Offspring, Vanessa Gruben, Daphne Gilbert Jan 2011

Donor Unknown: Assessing The Section 15 Rights Of Donor-Conceived Offspring, Vanessa Gruben, Daphne Gilbert

Canadian Journal of Family Law

No abstract provided.

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Share The Wealth? Kerr V Baranow And The "Joint Family Venture", Jennifer Flood Jan 2011

Share The Wealth? Kerr V Baranow And The "Joint Family Venture", Jennifer Flood

Canadian Journal of Family Law

No abstract provided.

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