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Articles 1291 - 1320 of 1459
Full-Text Articles in Environmental Law
The Road Less Traveled: State Court Resolution Of Patent, Trademark, Or Copyright Disputes Symposium - Business Tort Litigation., Ted D. Lee, Ann Livingston
The Road Less Traveled: State Court Resolution Of Patent, Trademark, Or Copyright Disputes Symposium - Business Tort Litigation., Ted D. Lee, Ann Livingston
St. Mary's Law Journal
Abstract Forthcoming.
Terminating The Guardianship: A New Role For State Courts., M. P. Duncan Iii
Terminating The Guardianship: A New Role For State Courts., M. P. Duncan Iii
St. Mary's Law Journal
Abstract Forthcoming.
Settlement Of Disputes Within The Iea Oil Emergency Sharing System., Richard F. Scott
Settlement Of Disputes Within The Iea Oil Emergency Sharing System., Richard F. Scott
St. Mary's Law Journal
Abstract Forthcoming.
Unlimited Branch Banking In Texas: The Next Step In Deregulation Comment., Mark A. Giltner
Unlimited Branch Banking In Texas: The Next Step In Deregulation Comment., Mark A. Giltner
St. Mary's Law Journal
Abstract Forthcoming.
Copyright Protection For Intellectual Property Rights To Recombinant Deoxyribonucleic Acid: A Proposal Comment., Donna Smith
Copyright Protection For Intellectual Property Rights To Recombinant Deoxyribonucleic Acid: A Proposal Comment., Donna Smith
St. Mary's Law Journal
Abstract Forthcoming.
Constitutional Law - First Amendment - School Officials Entitled To Regulate Contents Of School Sponsored Newspaper In Reasonable Manner Recent Development., Christopher Nielson Forbis
Constitutional Law - First Amendment - School Officials Entitled To Regulate Contents Of School Sponsored Newspaper In Reasonable Manner Recent Development., Christopher Nielson Forbis
St. Mary's Law Journal
Abstract Forthcoming.
Texas Civil Procedure - Evidence Of Net Worth - Net Worth Is Discoverable And Admissible Into Evidence For The Purpose Of Assessing Punitive Damages Recent Development., Mark A. Lindow
St. Mary's Law Journal
Abstract Forthcoming.
Constitutional Law - First Amendment - Public Figures And Public Officials May Not Recover For Intentional Infliction Of Emotional Distress For Publication Of Ad Parody Absent A Showing That Publication Contained A False Statement Of Fact Made With Actual Malice Recent Development., Evelyn T. Ailts
St. Mary's Law Journal
Abstract Forthcoming.
Texas Civil Procedure - Bill Of Review - Meritorious Defense Requirement In Bill Of Review Proceeding To Vacate Default Judgment, Without Effective Service Of Process Or Propert Notice Of Default Judgment, And Resulting In Adverse Consequences, Violates The Fourteenth Amendment's Due Process Clause Recent Development., William B. Nash
St. Mary's Law Journal
Abstract Forthcoming.
Federal Taxation - Publicly Traded Partnerships Deemed Corporations For Federal Taxation Purposes: New Internal Revenue Code Section 7704 Recent Development., Edward D. Biggers
Federal Taxation - Publicly Traded Partnerships Deemed Corporations For Federal Taxation Purposes: New Internal Revenue Code Section 7704 Recent Development., Edward D. Biggers
St. Mary's Law Journal
Abstract Forthcoming.
Scources Of Liberty In The Texas Bill Of Rights., Arvel (Rod) Ponton Iii
Scources Of Liberty In The Texas Bill Of Rights., Arvel (Rod) Ponton Iii
St. Mary's Law Journal
Many historical, economic, and philosophical forces have combined to create a uniquely “Texian” perspective on liberty that has heavily influenced the Texas Bill of Rights. The original Texas Bill of Rights was drafted in 1836, during the ascendancy of Jacksonian democracy, following the successful revolt from the military dictatorship of General Santa Anna. Texans had lived under Spanish civil law, Mexican constitutional law, a Mexican military dictatorship, English common law, and the Bill of Rights of the United States. The Texas Revolution, the fact that many Texans looked to American and English jurisprudence for guidance, the violation of many rights …
Admissibility Of Subsequent Remedial Measures As Evidence In Texas., Wendy Hunkele
Admissibility Of Subsequent Remedial Measures As Evidence In Texas., Wendy Hunkele
St. Mary's Law Journal
Abstract Forthcoming.
The Evolving Concept Of Preemption Removal: An Expansion Of Federal Jurisdiction., Scott Roberts
The Evolving Concept Of Preemption Removal: An Expansion Of Federal Jurisdiction., Scott Roberts
St. Mary's Law Journal
Federal jurisdiction based on preemption removal should extend to federal laws which meet the requirements of Franchise Tax Board v. Construction Laborers Vacation Trust and Metropolitan Life Insurance Company v. Taylor. The well-pleaded complaint rule restricts federal removal jurisdiction. The well-pleaded complaint rule requires a federal question appear on the face of the plaintiff’s complaint for federal jurisdiction to attach. Therefore, the defendant’s right to a federal forum depends upon whether the plaintiff chooses to invoke a federal claim in its complaint. Courts routinely criticize the linking of removal jurisdiction to the well-pleaded complaint rule for giving plaintiffs incentive to …
Civil Rights - Equal Protection - Race-Conscious Quotas Are Permissible Under The Equal Protection Clause Of The Fourteenth Amendment In Eliminating Discriminatory Promotional Policies Case Note., Iri I. Nathan
St. Mary's Law Journal
Abstract Forthcoming.
Article I Of The Texas Rules Of Evidence And Articles I And Xi Of The Texas Rules Of Criminal Evidence: Applicability Of The Rules, Procedural Matters, And Preserving Error., Olin Guy Wellborn Iii
Article I Of The Texas Rules Of Evidence And Articles I And Xi Of The Texas Rules Of Criminal Evidence: Applicability Of The Rules, Procedural Matters, And Preserving Error., Olin Guy Wellborn Iii
St. Mary's Law Journal
Abstract Forthcoming.
Bankruptcy Code Does Not Require Periodic Postpetition Payments To Undersecured Creditors For Interest On Value Of Collateral As Compensation For Delay Of Chapter 11 Reorganization Proceedings During Pendency Of Automatic Stay., Robert J. Ogle
St. Mary's Law Journal
Abstract Forthcoming.
Texas Statutory Notice Of Lis Pendens: A Deprivation Of Property Interest Without Due Process Comment., Herbert A. Janzen
Texas Statutory Notice Of Lis Pendens: A Deprivation Of Property Interest Without Due Process Comment., Herbert A. Janzen
St. Mary's Law Journal
Abstract Forthcoming.
Family Law - Overview Of Significant 1987 Legislation Passed In The 70th Session Of The Texas Legislature Recent Development., Patricia A. Foster
Family Law - Overview Of Significant 1987 Legislation Passed In The 70th Session Of The Texas Legislature Recent Development., Patricia A. Foster
St. Mary's Law Journal
Abstract Forthcoming.
Shouting Incitement In The Courtroom: An Evolving Theory Of Civil Liability Comment., Michael P. Kopech
Shouting Incitement In The Courtroom: An Evolving Theory Of Civil Liability Comment., Michael P. Kopech
St. Mary's Law Journal
Civil incitement is an evolving theory, intended to ascribe liability to a publisher. Civil incitement charges that the contents of a publication proximately caused the plaintiff’s physical injury, thus holding publishers civilly liable for the physical consequences of their communications. However, the validity of civil incitement as an actionable tort clashes with the principles of freedom of speech and press embodied within the First Amendment. Incitement, as a successful cause of action, demands following the standards set out in Brandenburg v. Ohio. Prior attempts to hold publishers civilly liable for the physical consequences of their communications have rarely survived motions …
Criminal Procedure - Preventative Detention - Provision Of 1984 Bail Reform Act Permitting Pretrial Detention Of Arrestees Charged With Serious Felonies Who Are Found To Pose A Danger To The Community, Does Not, On Its Face, Violate Either The Fifth Amendment's Due Process Clause Or The Eighth Amendment's Prohibition Of Excessive Bail Recent Development., Gillian Anne Foley
St. Mary's Law Journal
Abstract Forthcoming.
Castleberry V. Branscum: A Divided Texas Supreme Court Increases Shareholder Liability For Corporate Contractual Obligations., Michael J. Shearn, Peter M. Koelling
Castleberry V. Branscum: A Divided Texas Supreme Court Increases Shareholder Liability For Corporate Contractual Obligations., Michael J. Shearn, Peter M. Koelling
St. Mary's Law Journal
Abstract Forthcoming.
Interstate Banking And Branch Banking In Texas: An Overview Of The Constitutional And Statutory Provisions., Kimberly Cauthorn
Interstate Banking And Branch Banking In Texas: An Overview Of The Constitutional And Statutory Provisions., Kimberly Cauthorn
St. Mary's Law Journal
Abstract Forthcoming.
Judicial Notice Under Article Ii Of The Texas Rules Of Evidence., Olin Guy Wellborn Iii
Judicial Notice Under Article Ii Of The Texas Rules Of Evidence., Olin Guy Wellborn Iii
St. Mary's Law Journal
Abstract Forthcoming.
Procedural Rights And Remedies Under The Texas Property Tax Code - A Guide To The Code, Recent Amendments, And Developing Case Law., Farley P. Katz, Charles J. Muller Iii
Procedural Rights And Remedies Under The Texas Property Tax Code - A Guide To The Code, Recent Amendments, And Developing Case Law., Farley P. Katz, Charles J. Muller Iii
St. Mary's Law Journal
Abstract Forthcoming.
The Good Faith Exception To The Exclusionary Rule: The New Federalism And A Texas Proposal., Valerie L. Eiben
The Good Faith Exception To The Exclusionary Rule: The New Federalism And A Texas Proposal., Valerie L. Eiben
St. Mary's Law Journal
Abstract Forthcoming.
Voting For Death: Lingering Doubts About The Constitutionality Of Texas' Capital Sentencing Procedure., Robert J. Clary
Voting For Death: Lingering Doubts About The Constitutionality Of Texas' Capital Sentencing Procedure., Robert J. Clary
St. Mary's Law Journal
Abstract Forthcoming.
Civil Rights - Title Vii - Public Employer May Consider Gender To Promote Employee Without Violating Title Vii Of Civil Rights Act Of 1964 When Enforcing A Valid Affirmative Action Plan Case Note., Marianne Malouf
St. Mary's Law Journal
Abstract Forthcoming.
Responding To Misrepresentations, Nondisclosures And Incorrect Assumptions About The Age Of The Accused: The Jurisdictional Boundary Between Juvenile And Criminal Courts In Texas., Robert O. Dawson
St. Mary's Law Journal
Abstract Forthcoming.
Rendering Unto Caeser: Legal Responses To Religious Nonconformity In The Armed Forces., Michael F. Noone Jr.
Rendering Unto Caeser: Legal Responses To Religious Nonconformity In The Armed Forces., Michael F. Noone Jr.
St. Mary's Law Journal
Abstract Forthcoming.
A New Tort For Texas: Breach Of The Duty Of Good Faith And Fair Dealing., Evelyn T. Ailts
A New Tort For Texas: Breach Of The Duty Of Good Faith And Fair Dealing., Evelyn T. Ailts
St. Mary's Law Journal
The concept of good faith and fair dealing as a general derivative contractual obligation remains unrecognized in Texas. However, in English v. Fischer the Texas Supreme Court recognized a duty of good faith and fair dealing exists in some contracts. Subsequent courts, including the Texas Supreme Court, have refused to apply a purely contractual obligation of good faith and fair dealing in every case. Instead, courts have recognized a good faith duty as arising out of “special” relationships of the contracting parties rather than being inherent in the contract itself. The courts focus on “special relationships” as a determinative of …