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Articles 661 - 690 of 1054

Full-Text Articles in Environmental Law

Capital Punishment: The Humanistic And Moral Issues Address., Helen Prejean Jan 1995

Capital Punishment: The Humanistic And Moral Issues Address., Helen Prejean

St. Mary's Law Journal

Death row reminds us that justice is not equal. Death sentences, opposed to being reserved for only the most heinous crimes, are generally related to the profile of the victim and identity of those most outraged by the crime. The majority of people on death row killed a white person, even though one-half of homicide victims in the United States are people of color. Because of this, and the fact that the law almost always sides with people of wealth and power, the death penalty works to compound societal trauma instead of healing or solving anything. The skewed and harmful …

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Use Of A Pen Register May Be A Search Within The Purview Of Article I, Section 9 Of The Texas Constitution., Angie Patrick Jan 1995

Use Of A Pen Register May Be A Search Within The Purview Of Article I, Section 9 Of The Texas Constitution., Angie Patrick

St. Mary's Law Journal

In Richardson v. State, the Texas Court of Criminal Appeals granted Richardson’s second petition for discretionary review to determine whether law enforcement’s use of a pen register constitutes a search. The use of a pen register may be a search within the purview of Article I, Section 9 of the Texas Constitution. Courts use the reasonable-expectation-of-privacy test, from Katz v. United States, to determine whether a search has occurred under the Fourth Amendment. In Richardson, the Texas Court of Criminal Appeals reviewed whether the use of a pen register equates to a search despite the U.S. Supreme Court’s determination in …

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Foreigners On Texas's Death Row And The Right Of Access To A Consul Symposium - Human Rights In The Americas., S. Adele Shank, John Quigley Jan 1995

Foreigners On Texas's Death Row And The Right Of Access To A Consul Symposium - Human Rights In The Americas., S. Adele Shank, John Quigley

St. Mary's Law Journal

Foreign nationals arrested in the United States confront the disadvantage of mounting a criminal defense in several ways. In most cases, they are unfamiliar with U.S. customs, police policies, and criminal proceedings. Although U.S. courts strive to prevent bias against accused based on alienage, discrimination does occur. To minimize the disadvantages experienced by accused foreigners, international law guarantees the right of consular access. Under internationally accepted norms applicable in the United States, an accused foreigner is entitled to contact his home-state consult office for assistance. Furthermore, mere involvement of a consul may encourage local government to follow procedural norms and …

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The Subjection Of Women . . . Still: Unfulfilled Promises Of Protection For Women Victims Of Domestic Violence Comment., James Martin Truss Jan 1995

The Subjection Of Women . . . Still: Unfulfilled Promises Of Protection For Women Victims Of Domestic Violence Comment., James Martin Truss

St. Mary's Law Journal

Throughout American history, women have fought to realize a full and independent legal identity, equal to men. Nonetheless, issues such as domestic violence have often remained obscured due partly to the judicial system’s reluctance to intrude into “family matters.” Although courts have long-since renounced the common-law rule which allowed a husband to discipline his wife, the plight of the battered woman remained largely ignored by courts and legislatures. The pervasiveness and severity of domestic violence are widely documented. On June 1, 1991, the Texas Supreme Court created the Gender Bias Task Force of Texas (Task Force) to consider whether gender …

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International Law Of Trade Preferences: Emanations From The European Union And The United States., Kele Onyejekwe Jan 1995

International Law Of Trade Preferences: Emanations From The European Union And The United States., Kele Onyejekwe

St. Mary's Law Journal

This Article posits that the increase of tariff arrangements, like the Generalized System of Preferences (GSP), is evidence of the “hardening” of a body of international trade-preference law. It contends that the law of trade preferences is widely practiced in international affairs and the developed nations which terminate all trade preferences for developing countries most likely engage in illegal conduct under international law. Classical international law principally consisted of the law between nations and an international law of trade preferences in any form was unthinkable. Thus, neither international cooperation nor a duty for developed countries to assist developing countries is …

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A Settlement Offer Above Policy Limits Does Not Trigger An Insurer's Stowers Duty To Act Reasonably., James Martin Truss Jan 1995

A Settlement Offer Above Policy Limits Does Not Trigger An Insurer's Stowers Duty To Act Reasonably., James Martin Truss

St. Mary's Law Journal

Abstract Forthcoming.

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Robert Wilburn Calvert, The Prudentialist In Memoriam., L. Wayne Scott Jan 1995

Robert Wilburn Calvert, The Prudentialist In Memoriam., L. Wayne Scott

St. Mary's Law Journal

Abstract Forthcoming.

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The Texas Home Equity Controversy In Context Forum - Introduction., James W. Paulsen Jan 1995

The Texas Home Equity Controversy In Context Forum - Introduction., James W. Paulsen

St. Mary's Law Journal

This Essay provides some historical and legal context for the Texas home equity debate during the 1990s. It begins with an examination of early Texas homestead law, which did not clearly prohibit home equity lending. Part II describes the genesis of the homestead exemption in Texas. Public policy surrounding the homestead law had at least three components: protection of debtors, protection of women, and the fostering of an independent spirit in Texas settlers. Part III evaluates the Texas Constitution’s 1876 ban on home equity loans and the subsequent public debate up until the 1970s. Although criticism of the prohibition on …

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Home Equity Reform In Texas Forum., Jerry Patterson Jan 1995

Home Equity Reform In Texas Forum., Jerry Patterson

St. Mary's Law Journal

Texas citizens should vote on home equity reform to be able to decide for themselves whether they desire the benefits of home equity borrowing. Texas is the only state in the nation that prohibits homeowners from using their home equity as they see fit such as to educate their children, to start or expand small businesses, or to enjoy their retirement years. Critics to home equity reform in Texas do not fully understand the scope of the amendments or the benefits that come with reform. The myth that equity loans would trigger an increase in foreclosure rates cannot be documented …

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The Spoliation Tort: An Approach To Underlying Principles., Steffen Nolte Jan 1995

The Spoliation Tort: An Approach To Underlying Principles., Steffen Nolte

St. Mary's Law Journal

Abstract Forthcoming.

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Private Plaintiffs May Not Maintain Aiding And Abetting Suits Under Securities Exchange Act Section 10(B) And Securities And Exchange Commission Rule 10b-5., Ginger E. Margolin Jan 1995

Private Plaintiffs May Not Maintain Aiding And Abetting Suits Under Securities Exchange Act Section 10(B) And Securities And Exchange Commission Rule 10b-5., Ginger E. Margolin

St. Mary's Law Journal

In Central Bank v. First Interstate Bank, the United States Supreme Court held that private plaintiffs may not maintain aiding and abetting suits under Securities Exchange Act Section 10(b) and Security and Exchange Commission Rule 10b-5. The Court views Section 10(b) of the 1934 Act as a “catchall antifraud provision” that makes the use of “any manipulative or deceptive device or contrivance” in contravention of the provision a violation of Securities and Exchange Commission (SEC) rules if such acts occur during the purchase or sale of securities. Rule 10b-5 is substantially the same as Section 10(b). However, neither Section 10(b) …

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The Women's Convention And The Equal Protection Clause Symposium - Human Rights In The Americas., Michael J. Corbera Jan 1995

The Women's Convention And The Equal Protection Clause Symposium - Human Rights In The Americas., Michael J. Corbera

St. Mary's Law Journal

This Article addresses whether the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (Women’s Convention) violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Because international treaties such as the Women’s Convention carry the same weight and are subject to the same treatment as U.S. federal law, the constitutionality of the Convention is dictated by U.S. jurisprudence. Part II of this Article outlines and discusses the origin and content of the Women’s Convention. Part III contains a historical review of gender jurisprudence in the United States, with particular emphasis on …

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Chief Justice Calvert: Man Of Imperturable Integrity In Memoriam., Thomas M. Reavley Jan 1995

Chief Justice Calvert: Man Of Imperturable Integrity In Memoriam., Thomas M. Reavley

St. Mary's Law Journal

Abstract Forthcoming.

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Chief Justice Calvert: Simple Rules Made Him Great In Memoriam., Jack Pope Jan 1995

Chief Justice Calvert: Simple Rules Made Him Great In Memoriam., Jack Pope

St. Mary's Law Journal

Abstract Forthcoming.

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Chief Justice Calvert, Our Highly Regarded Of Counsel In Memoriam., Lloyd Lochridge Jan 1995

Chief Justice Calvert, Our Highly Regarded Of Counsel In Memoriam., Lloyd Lochridge

St. Mary's Law Journal

Abstract Forthcoming.

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Shading Of America: Keynote Address Before The 1995 National Conference Of Law Reviews Address., Antonia Hernandez Jan 1995

Shading Of America: Keynote Address Before The 1995 National Conference Of Law Reviews Address., Antonia Hernandez

St. Mary's Law Journal

Abstract Forthcoming.

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Appellate Review Of Criminal Cases In Texas - Foreword Foreword., Charles F. Baird Jan 1995

Appellate Review Of Criminal Cases In Texas - Foreword Foreword., Charles F. Baird

St. Mary's Law Journal

Abstract Forthcoming.

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Appellate Review Of Criminal Cases In Texas., Ellen Bloomer Mitchell Jan 1995

Appellate Review Of Criminal Cases In Texas., Ellen Bloomer Mitchell

St. Mary's Law Journal

This Article guides Texas practitioners in effectively preparing and presenting criminal cases on appeal. Its primary focus concerns the standards of review appellate courts use in determining the merits of the issues raised before them and, equally important, proper preservation and presentation of those issues. This Article does not exhaust the matters which may be raised on appeal in a criminal case. Rather, it covers a variety of issues and errors commonly raised in the “ordinary” criminal appeal. Understanding and utilizing this information in the presentation of issues on appeal will help the practitioner direct the appellate court to find …

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Cutting Costs - Cutting Care: Can Texas Managed Health Care Systems And Hmos Be Liable For The Medical Malpractice Of Physicians., Jim M. Perdue, Stephen R. Baxley Jan 1995

Cutting Costs - Cutting Care: Can Texas Managed Health Care Systems And Hmos Be Liable For The Medical Malpractice Of Physicians., Jim M. Perdue, Stephen R. Baxley

St. Mary's Law Journal

One of the most common forms of managed health care is the health maintenance organization (HMO). An HMO is a quasi-insurance arrangement which provides health care to subscribers for a prepaid monthly fee. These have been attractive as they offer health care at lower cost to consumers. Health care brokers have developed four standard models of HMOs— “staff model,” “group model,” “network model,” and “independent practice association” (IPA) model. Given the degree of control HMOs exercise over member-physicians under any of the above models, Texas courts should hold HMOs liable for their member-physicians’ malpractice under the doctrine of vicarious liability, …

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Texas's New Habeas Corpus Procedure For Death-Row Inmates: Kafkaesque - And Probably Unconstitutional., James C. Harrington, Anne More Burnham Jan 1995

Texas's New Habeas Corpus Procedure For Death-Row Inmates: Kafkaesque - And Probably Unconstitutional., James C. Harrington, Anne More Burnham

St. Mary's Law Journal

Abstract Forthcoming.

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Beauty And The Beast: Physical Appearance Discrimination In American Criminal Trials Comment., David L. Wiley Jan 1995

Beauty And The Beast: Physical Appearance Discrimination In American Criminal Trials Comment., David L. Wiley

St. Mary's Law Journal

This Comment considers physical appearance discrimination by jurors in criminal trials. It proposes remedial measures to eliminate discrimination and effectuate the underlying purposes of jury trials. Part II of this Comment examines the psychological process of corporeal attribution and discusses the underlying philosophic dichotomy of image and substance. It surveys the role modern American culture plays in discrimination in the American criminal law system and discusses parallel relationships between race, sex, and physical appearance discrimination. Part IV explores constitutional ramifications of fostering and promoting physical appearance discrimination in criminal trials. Finally, Part V presents remedies designed to ensure criminal defendants …

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Legislative Redistricting In 1991-1992: The Texas Bill Of Rights V. The Voting Rights Act., James C. Harrington, Judith Sanders-Castro Jan 1994

Legislative Redistricting In 1991-1992: The Texas Bill Of Rights V. The Voting Rights Act., James C. Harrington, Judith Sanders-Castro

St. Mary's Law Journal

Every decade, after the federal government has taken the census, Americans endure the process of redistricting Congress, state legislatures, county commissioner precincts, school boards, city councils, and a host of other elected bodies. Governed by the interplay of federal, state, and local law, the reapportionment process would seem to be a relatively easy task in theory. Yet, overriding forces unique to the political arena and the judiciary’s voice in redistricting questions undermine the implementation of such a simple system. Narrow interpretation of the Voting Rights Act of 1965 by the United State Supreme Court and lower federal courts further intensify …

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The Supreme Court Takes A Weapon From The Drug War Arsenal: New Defenses To Civil Drug Forfeiture., Scott Alexander Nelson Jan 1994

The Supreme Court Takes A Weapon From The Drug War Arsenal: New Defenses To Civil Drug Forfeiture., Scott Alexander Nelson

St. Mary's Law Journal

This Comment discusses the history and development of forfeiture law—emphasizing the misnomer of “guilty property”—and addresses the lack of constitutional safeguards in the civil forfeiture statutes. It outlines prospective constitutional defenses announced by the United States Supreme Court, emphasizing the Fifth Amendment guarantee of due process, the Eighth Amendment’s Excessive Fines Clause, and the “innocent owner” defense. The federal statute authorizing civil forfeiture, 21 U.S.C. § 881 (Forfeiture Statute), was initially enacted as part of the Comprehensive Drug Abuse Prevention and Control Act of 1970. The Comprehensive Forfeiture Act of 1984 amended the statute to impose forfeiture on real property …

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Self-Publication: Defamation Within The Employment Context., Howard J. Siegel Jan 1994

Self-Publication: Defamation Within The Employment Context., Howard J. Siegel

St. Mary's Law Journal

This Article reviews the rules and reasoning various jurisdictions have maintained in defamation actions supported by self-publication. This type of defamation action is commonly known as self-defamation. Before the law will hold the originator of a defamatory statement liable for defamation, publication of the defamatory comments must occur. Generally, defamatory communications are those communications which tend to injure one’s reputation. Publication normally occurs when one communicates the defamatory matter to “one other than the person defamed.” Originally, courts considered defamation actions valid only when the defamed person alleged that the originator directly published the statement to a third person. Under …

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Time Limitations For Objecting To Claims: The Interplay Between Sections 502(D) And 546(A) Of The Bankruptcy Code., Gregory G. Hesse Jan 1994

Time Limitations For Objecting To Claims: The Interplay Between Sections 502(D) And 546(A) Of The Bankruptcy Code., Gregory G. Hesse

St. Mary's Law Journal

It is common lore among bankruptcy trustees and lawyers that a bankruptcy trustee has an unlimited time period under the Bankruptcy Code (the Code) to file objections to claims. Neither Section 502(a) of the Code nor Federal Rule of Bankruptcy Procedure 3007 contains time limitations within which an objection to a claim must be filed. Yet, creative creditor attorneys have fashioned arguments that the two-year limitations period placed on avoidance actions by Section 546(a) of the Code applies to claim objection proceedings brought under Section 502(d). Because courts have held the limitations period of Section 546(a) applies to claim objection …

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U.S. Taxation Of U.S. Persons Doing Business Or Investing In Mexico: An Overview., William H. Hornberger Jan 1994

U.S. Taxation Of U.S. Persons Doing Business Or Investing In Mexico: An Overview., William H. Hornberger

St. Mary's Law Journal

U.S. persons who plan to do business in Mexico or invest in new or existing Mexican business ventures are faced with a myriad of U.S. federal income tax issues. U.S. counsel advising U.S. persons regarding the ownership structure for a contemplated business or investment in Mexico should have a basic understanding of the U.S. system of international taxation. While a working knowledge of Mexico’s tax system is also helpful, Mexican counsel can provide information regarding the Mexican tax implications of doing business or investing in Mexico. A review of the U.S. system of international taxation should begin with a consideration …

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Banning Motherhood: An Rx To Combat Child Abuse., Toni Driver Saunders Jan 1994

Banning Motherhood: An Rx To Combat Child Abuse., Toni Driver Saunders

St. Mary's Law Journal

Abstract Forthcoming.

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Enhanced Punishment Under The Texas Hate Crimes Act: Politics, Panacea, Or Pathway To Hell., David Todd Smith Jan 1994

Enhanced Punishment Under The Texas Hate Crimes Act: Politics, Panacea, Or Pathway To Hell., David Todd Smith

St. Mary's Law Journal

Nearly without exception, modern legislatures have responded to the reprehensible nature and detrimental social effects of hate crime by enacting laws specifically designed to punish the offender’s discriminatory animus. The term “hate crime” describes criminal conduct which is motivated by the offender’s bias or prejudice against another cognizable group. Although the reprehensible nature of a hate crime is often apparent from the facts of any given case, the repercussions of these offenses exceed the ignoble character of any one specific act. Texas has now joined the ranks of these jurisdictions by adopting legal provisions which authorize heightened penalties upon a …

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Proof Of Attorney's Fees In Texas., Scott A. Brister Jan 1993

Proof Of Attorney's Fees In Texas., Scott A. Brister

St. Mary's Law Journal

In Texas, the complex and confusing rules defining proof of attorney’s fees require simplification. Texas, like many other states, follows the American Rule, meaning the plaintiff and defendant each pay their own attorney’s fees. The United States is the only common-law jurisdiction and virtually the only industrialized democracy following the American Rule. Two primary justifications support following the American Rule. First, the American Rule supports individuals seeking a judicial remedy by removing the obstacle of paying an opponent’s legal fees. Second, it reduces potential litigation, attendant time and expense that would be necessary to dispute legal fees if they were …

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Use Of Excessive Physical Force Against An Inmate May Constitute Cruel And Unusual Punishment Even Though The Prisoner Does Not Suffer Significant Injury., Anthony A. Avey Jan 1993

Use Of Excessive Physical Force Against An Inmate May Constitute Cruel And Unusual Punishment Even Though The Prisoner Does Not Suffer Significant Injury., Anthony A. Avey

St. Mary's Law Journal

In Hudson v. McMillian, the Supreme Court held that use of excessive physical force against an inmate may constitute cruel and unusual punishment even though the prisoner does not suffer any significant injury. The Eighth Amendment has evolved significantly since its adoption in 1791, becoming a complex line of authority which over time expanded the rights of criminals and convicts. Recent cases have attempted to mold the varying Eight Amendment standards into a more cohesive legal doctrine. These efforts were meant to clarify the doctrine of cruel and unusual punishments; however, the divergent interpretations of these decisions rendered Eighth Amendment …

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