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Articles 781 - 810 of 1054

Full-Text Articles in Environmental Law

Reformers' Regress: The 1991 Texas Workers' Compensation Act., Jill Williford Jan 1991

Reformers' Regress: The 1991 Texas Workers' Compensation Act., Jill Williford

St. Mary's Law Journal

The revision of the Texas Workers’ Compensation Act will affect most Texas taxpayers and workers. The Act, entering into force January 1, 1991, significantly restructures the preexisting seventy-six-year-old system. Before the advent of workers’ compensation systems employees relied on the court and common-law causes of action as the sole means of recovery. In 1913, Texas enacted one of the first versions of workers’ compensation in the United States. The original act created a system to compensate workers for injuries sustained during employment without regard to fault. Initially the act was elective for employers and mandatory for employees but was later …

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Erisa Preempts All Texas Causes Of Action That Relate To An Employee Benefit Plan Including The Insurance Code, The Deceptive Trade Practices Act And Common Law., Brent Biggs Jan 1991

Erisa Preempts All Texas Causes Of Action That Relate To An Employee Benefit Plan Including The Insurance Code, The Deceptive Trade Practices Act And Common Law., Brent Biggs

St. Mary's Law Journal

Abstract Forthcoming.

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Introduction Of Thomas Buergenthal Address - Introduction., Barbara Bader Aldave Jan 1991

Introduction Of Thomas Buergenthal Address - Introduction., Barbara Bader Aldave

St. Mary's Law Journal

Abstract Forthcoming.

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The Human Rights Revolution Address., Thomas Buergenthal Jan 1991

The Human Rights Revolution Address., Thomas Buergenthal

St. Mary's Law Journal

Abstract Forthcoming.

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Preserving Error On Appeal In Texas Civil Cases: A Practical Guide For Civil Appeals In Texas., John Hill Cayce Jr. Jan 1991

Preserving Error On Appeal In Texas Civil Cases: A Practical Guide For Civil Appeals In Texas., John Hill Cayce Jr.

St. Mary's Law Journal

Fatal procedural errors can prevent appellees from preserving judgements and appellants from seeking review of court decisions on appeal. This article is a practical guide identifying critical concepts necessary to preserve the various rights of appeal. By examining the Texas Rules of Appellate Procedure, the author identifies procedural pitfalls attorneys may face when attempting to preserve appeals to the Texas Supreme Court or the appellate courts of Texas. Although the Texas Supreme Court has endeavored to eliminate procedural traps from civil appeals, a significant number of requests for appeal fail because lawyers do not follow the requirements necessary to preserve …

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Texas Fetal Rights: Is There A Future For The Rights Of Future Texans., S. Jeffrey Gately Jan 1991

Texas Fetal Rights: Is There A Future For The Rights Of Future Texans., S. Jeffrey Gately

St. Mary's Law Journal

In Texas, contrary interpretations, whether a fetus is a person or non-person, create unpredictable and irreconcilable outcomes. The author contrasts the differences found in Texas law regarding the rights of unborn children in the areas of property, family, criminal, and tort law. At conception, a fetus enjoys property rights. However, under the auspices of family law, a mother may not collect child support until birth but may seek contribution for prenatal care prior to birth. Criminal protection of a fetus is unavailable in Texas unless the fetus is born alive. If criminal activity results in still birth or fetal destruction, …

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Judge Jack B. Miller In Memoriams., L. Wayne Scott Jan 1991

Judge Jack B. Miller In Memoriams., L. Wayne Scott

St. Mary's Law Journal

Abstract Forthcoming.

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Television Advertising: Professionalism's Dilemma., Laura R. Champion, William M. Champion Jan 1991

Television Advertising: Professionalism's Dilemma., Laura R. Champion, William M. Champion

St. Mary's Law Journal

Lawyers are concerned about tactics and antics of advertising attorneys because of possible harm to the reputation of the legal profession due to tasteless, crass ads circulated among the non-legal public. This controversial issue of what is good taste includes the question of how far ads can go before crossing the line of prohibited solicitation. Lawyers advertise through direct mail, television, radio, telephone yellow pages, billboards, newspapers, and magazines. This Article traces the background of legal advertising, focusing on the particular issue of television ads. Some courts purposefully avoid this aspect of legal communication with the public and leave many …

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Entering The Thicket - Mandamus Review Of Texas District Court Witness Disclosure Orders., David W. Holman, Byron C. Keeling Jan 1991

Entering The Thicket - Mandamus Review Of Texas District Court Witness Disclosure Orders., David W. Holman, Byron C. Keeling

St. Mary's Law Journal

In the absence of statutory authorization of interlocutory appeal, the writ of mandamus usually is the sole convenient remedy for an egregious trial court decision prior to judgment. The increasing number of mandamus petitions which annually invade the Texas appellate courts reflects the importance of the writ of mandamus. While once described as the “extraordinary” remedy, it is not uncommon for proceedings in a trial court to cease while a party seeks mandamus review of a controversial discovery ruling. One type of discovery rule which has not escaped mandamus review is the admission or exclusion of the testimony of witnesses …

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The Court Of Criminal Appeals Versus The Constitution: The Conclusivity Question., Susan Bleil, Charles Bleil Jan 1991

The Court Of Criminal Appeals Versus The Constitution: The Conclusivity Question., Susan Bleil, Charles Bleil

St. Mary's Law Journal

This Article examines the Texas Constitution’s grant of authority to appellate courts to review questions of fact and the Texas Supreme Court’s treatment of that authority. It then contrasts that treatment with the contrary position taken by the Texas Court of Criminal Appeals since 1981. It also examines the sentiments of the courts of appeals themselves. The analysis of the decisions demonstrates the highest courts of Texas do not uniformly view the constitutional provision in question. It also shows resulting confusion and dissatisfaction. The Court of Criminal Appeals needs a better, more logical approach in interpreting the Texas constitution. Also …

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The Texas Tax Relief Act After Twelve Years: Adoption, Implementation &(And) Enforcement., Michael Weiss Jan 1991

The Texas Tax Relief Act After Twelve Years: Adoption, Implementation &(And) Enforcement., Michael Weiss

St. Mary's Law Journal

The Texas Tax Reform Act, an amendment to the Texas constitution, undertook to create and enforce spending limits. The Texas Government first followed the spending limits in the 1982-1983 biennium. The threat of veto from Governor Clemments forced the legislature to adopt a budget below the limit. Unfortunately, Texas taxpayers did not see the savings of 1982 repeated in subsequent years. Meaning, the amendment, which passed by an eighty-four percent majority, failed in its purpose for limiting the government growth and spending. The noncompliance of the LBB is in contravention of the people’s will and the laws established to set …

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The Carryforward Of Net Operating Losses And Other Tax Attributes After Bankruptcy Reorganizations., Martin M. Van Brauman Jan 1991

The Carryforward Of Net Operating Losses And Other Tax Attributes After Bankruptcy Reorganizations., Martin M. Van Brauman

St. Mary's Law Journal

When stock is exchanged for debt in a bankruptcy reorganization, potentially abusive tax situations can result if the reorganization occurs strictly for the carryforward of tax attributes to the acquiring corporation. The basic question is to what extent the discharge of indebtedness provisions, the application of the various statutory and judicial requirements, and the consolidated return regulations prohibit or restrict the carryforward of the tax history of the debtor corporation. Bankruptcy reorganization for a corporation under Chapter 11 of the Bankruptcy Code can take the form of either a recapitalization or a reorganization. Because a “G” reorganization involves a discharge …

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Nude Dancing Conveying A Message Or Eroticism And Sexuality Is Protected By The First Amendment But Can Be Limited Under State Police Powers Provided The Government Establishes A Substantial, Content-Neutral Purpose., Fred S. Wilson Jan 1991

Nude Dancing Conveying A Message Or Eroticism And Sexuality Is Protected By The First Amendment But Can Be Limited Under State Police Powers Provided The Government Establishes A Substantial, Content-Neutral Purpose., Fred S. Wilson

St. Mary's Law Journal

In Barnes v. Glen Theatre, Inc., the Supreme Court held the First Amendment protects nude dancing as conveying an expressive message, but state police powers may limit protection if the government establishes a substantial, content-neutral purpose. It is a principal of constitutional law where an actor intends to convey a message by expressive conduct, the First Amendment protection extends to that expression. Traditionally, time, place, and manner regulations restricting expressive conduct based on either the subject-matter of the message or the viewpoint of the actor receive content-based classification. However, content-based regulation of expressive conduct is constitutional only when narrowly drawn …

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Protecting The Fetus From Maternal Drug And Alcohol Abuse: A Proposal For Texas., Tom Rickhoff, Curtis L. Cukjati Jan 1990

Protecting The Fetus From Maternal Drug And Alcohol Abuse: A Proposal For Texas., Tom Rickhoff, Curtis L. Cukjati

St. Mary's Law Journal

No abstract provided.

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Prenatal V. Parental Rights: What A Difference An A Makes., Ali Gallagher Jan 1990

Prenatal V. Parental Rights: What A Difference An A Makes., Ali Gallagher

St. Mary's Law Journal

No abstract provided.

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Estate Planning For The Non-Taxable Estate., Mcken V. Carrington Jan 1990

Estate Planning For The Non-Taxable Estate., Mcken V. Carrington

St. Mary's Law Journal

No abstract provided.

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Lust - Deep In The Heart Of Texas: Federal Epa Regulations Affecting Underground Storage Tanks - The Texas Statutory And Regulatory Counterparts., Blaine D. Edwards Jan 1990

Lust - Deep In The Heart Of Texas: Federal Epa Regulations Affecting Underground Storage Tanks - The Texas Statutory And Regulatory Counterparts., Blaine D. Edwards

St. Mary's Law Journal

No abstract provided.

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42 U.S.C. 1981 Does Not Provide A Remedy For Racial Harassment During Employment., Jeffrey A. Lacy Jan 1990

42 U.S.C. 1981 Does Not Provide A Remedy For Racial Harassment During Employment., Jeffrey A. Lacy

St. Mary's Law Journal

In Patterson v. McLean Credit Union, the United States Supreme Court held 42 U.S.C. § 1981 does not provide a remedy for racial harassment during employment. In 1976, in Runyon v. McCrary, the Court expanded the scope of § 1981 to cover private discrimination in contractual settings, including racial discrimination in private schools, when previously unavailable. More than a decade after the Runyon decision, the Supreme Court in Patterson, established that there were limits to § 1981’s applicability in private racial discrimination claims. Specifically, the Court held while § 1981 prohibits discriminatory conduct while entering into or enforcing a contract, …

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1989 Texas Dtpa Reform: Closing The Dtpa Loophole In The 1987 Tort Reform Laws And The Ongoing Quest For Fairer Dtpa Laws., John T. Montford, Will G. Barber, Robert L. Duncan Jan 1990

1989 Texas Dtpa Reform: Closing The Dtpa Loophole In The 1987 Tort Reform Laws And The Ongoing Quest For Fairer Dtpa Laws., John T. Montford, Will G. Barber, Robert L. Duncan

St. Mary's Law Journal

Abstract Forthcoming.

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Recognizing An Implied Warranty That Professional Services Will Be Performed In A Good And Workmanlike Manner., Mark L. Kincaid Jan 1990

Recognizing An Implied Warranty That Professional Services Will Be Performed In A Good And Workmanlike Manner., Mark L. Kincaid

St. Mary's Law Journal

Although the Court received a deluge of amicus curiae briefs after its initial ruling in Melody Home ushering the Court to reevaluate the consequences of its decision, there is no sound basis for excluding professional services from the implied warranty recognized by the Texas Supreme Court that services will be performed in a good and workmanlike manner. The issue of what is properly considered a “professional” service or what definition is to be applied to distinguish “non-professional” and “professional” services if the latter were to be excluded from the implied warranty. Instead of differentiating between “non-professional” and “professional” services in …

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Dtpa In The Courts: Two Empirical Studies And A Proposal For Change., Nancy Friedman Atlas, Scott J. Atlas, Raymond T. Nimmer Jan 1990

Dtpa In The Courts: Two Empirical Studies And A Proposal For Change., Nancy Friedman Atlas, Scott J. Atlas, Raymond T. Nimmer

St. Mary's Law Journal

Abstract Forthcoming.

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Dedication., Orville C. Walker Jan 1990

Dedication., Orville C. Walker

St. Mary's Law Journal

Abstract Forthcoming.

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Dedication., Jack Pope Jan 1990

Dedication., Jack Pope

St. Mary's Law Journal

Abstract Forthcoming.

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Dedication., James P. White Jan 1990

Dedication., James P. White

St. Mary's Law Journal

Abstract Forthcoming.

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Dedication., Sam S. Crutchfield Jan 1990

Dedication., Sam S. Crutchfield

St. Mary's Law Journal

Abstract Forthcoming.

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Dedication., Editorial Board St. Mary's School Of Law Jan 1990

Dedication., Editorial Board St. Mary's School Of Law

St. Mary's Law Journal

Abstract Forthcoming.

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Commanding Respect: Criminal Sanctions For Environmental Crimes., Eva M. Fromm Jan 1990

Commanding Respect: Criminal Sanctions For Environmental Crimes., Eva M. Fromm

St. Mary's Law Journal

Abstract Forthcoming.

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Standards Of Appellate Review In Civil Appeals., W. Wendell Hall Jan 1990

Standards Of Appellate Review In Civil Appeals., W. Wendell Hall

St. Mary's Law Journal

Abstract Forthcoming.

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Texas' New Trademark Antidilution Statute - Useful Or Useless New Protection For Texas Trademarks., Richard Taylor Jan 1990

Texas' New Trademark Antidilution Statute - Useful Or Useless New Protection For Texas Trademarks., Richard Taylor

St. Mary's Law Journal

Texas courts must set forth clear and concise guidelines for trademark antidilution enforcement. The adoption of a trademark antidilution statute substantially alters Texas trademark law. The statute allows a trademark owner to enjoin acts which dilute a registered or common law trademark’s distinctive quality. It applies whether competition exists between the parties or a likelihood of confusion exists as to the owner of the mark. The statute adds a new dimension to trademark protection in Texas because it creates a property interest in the trademark. As promising as these protections sound, the new antidilution statute may prove ineffective due to …

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Texas Adopts The Outstanding Balance Method Of Determining Whether Monies Bid At A Foreclosure Sale Involving Wraparound Mortgages Generate Excess Proceeds Or Constitute A Deficiency., Cynthia K. Brotman Jan 1990

Texas Adopts The Outstanding Balance Method Of Determining Whether Monies Bid At A Foreclosure Sale Involving Wraparound Mortgages Generate Excess Proceeds Or Constitute A Deficiency., Cynthia K. Brotman

St. Mary's Law Journal

Abstract Forthcoming.

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