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Articles 1171 - 1200 of 1969

Full-Text Articles in Environmental Law

Questionable Summary Judgments, Appearances Of Judicial Bias, And Insurance Defense In Texas Declaratory-Judgment Trials: A Proposal And Arguments For Revising Texas Rules Of Civil Procedure 166a(A), 166a(B), And 166a(L)., Willy E. Rice Jan 2005

Questionable Summary Judgments, Appearances Of Judicial Bias, And Insurance Defense In Texas Declaratory-Judgment Trials: A Proposal And Arguments For Revising Texas Rules Of Civil Procedure 166a(A), 166a(B), And 166a(L)., Willy E. Rice

St. Mary's Law Journal

Economic necessity, expanding dockets, and judicial bias and unfairness are reasons for removing summary judgement practice from declaratory judgment trials in Texas. The Texas Supreme Court adopted the summary judgment rule primarily to prevent juries from considering arguably groundless causes, to reduce costs, and to increase "the efficient administration of justice." The Texas Supreme Court could prevent summary judgment practice in declaratory judgment cases. Texas's judges have the power to decide questions of fact and law when considering whether to award declaratory relief, negating the perceived need to entertain motions for summary relief. Trial judges must employ those doctrines to …


Utter Excitement About Nothing: Why Domestic Violence Evidence-Based Prosecution Will Survive Crawford V. Washington., Donna D. Bloom Jan 2005

Utter Excitement About Nothing: Why Domestic Violence Evidence-Based Prosecution Will Survive Crawford V. Washington., Donna D. Bloom

St. Mary's Law Journal

In response to domestic violence involving victims who do not wish to cooperate in the prosecution of their abuser, prosecutors endeavor to frame cases around other evidence establishing a defendant’s guilt regardless of the victim’s testimony. Domestic violence cases set for trial are being thrown out of Texas courts because of the recent U.S. Supreme Court ruling that reasserts a defendant’s right to confront his accuser in court. Prosecutors believe that strong legal arguments exist to continue successfully prosecuting abusers without the cooperation of the victim at trial. This is through the continued admission of certain hearsay statements, despite Crawford …


Even Judges Don't Know Everything: A Call For A Presumption Of Admissibility For Expert Witness Testimony In Lawyer Disciplinary Proceedings The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility., Timothy P. Chinaris Jan 2005

Even Judges Don't Know Everything: A Call For A Presumption Of Admissibility For Expert Witness Testimony In Lawyer Disciplinary Proceedings The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility., Timothy P. Chinaris

St. Mary's Law Journal

Today's practice environment is full of potential ethical pitfalls for even the most conscientious lawyer. The consequences of being found guilty of misconduct can include suspension or disbarment from practicing as a lawyer. Added to these concerns is the fact that the judge or hearing panel before whom the case is tried may not be intimately familiar with the particular ethics rules or how they are interpreted in different areas of practice. In order to mount an effective defense against the disciplinary charges, an accused lawyer may want to introduce expert testimony on his or her behalf. Unfortunately for the …


Leveling The Legal Malpractice Playing Field: Reverse Bifurcation Of Trials The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility., Dwayne J. Hermes, Jeffrey W. Kemp, Paul B. Moore Jan 2005

Leveling The Legal Malpractice Playing Field: Reverse Bifurcation Of Trials The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility., Dwayne J. Hermes, Jeffrey W. Kemp, Paul B. Moore

St. Mary's Law Journal

The growing public demand for perfect results is shifting the time-tested obligation of lawyers to meet the standard of care. The general public no longer deems the advice and performance of professionals as beyond reproach. While this is probably a positive development, it appears that a number of clients (and patients) are raising the bar too high by expecting and demanding a perfect result. The legal malpractice suit is in vogue, and juries are increasingly holding attorneys to be guarantors of a favorable outcome for their clients. A significant portion of legal malpractice suits are merely thinly veiled claims for …


The Business Of Law And Tortious Interference The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility., Alex B. Long Jan 2005

The Business Of Law And Tortious Interference The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility., Alex B. Long

St. Mary's Law Journal

While few in the legal profession would refer to clients as “property”, it is difficult to think some lawyers do not believe they possess something similar to property rights in their retainer agreements with clients. Not surprisingly, a tortious interference claim is a viable option for an attorney who feels that another attorney has wrongfully “stolen” a client or otherwise interfered with the attorney’s “property.” Courts have traditionally been reluctant to hold attorneys liable for litigation conduct that results in harm to adversaries or their attorneys. Plaintiff-attorneys generally have a better chance of succeeding when they complain that another attorney—while …


Unresolved Problems In Texas Legal Malpractice Law The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility., Stephen E. Mcconnico, Jennifer Knauth, Robyn Bigelow Jan 2005

Unresolved Problems In Texas Legal Malpractice Law The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility., Stephen E. Mcconnico, Jennifer Knauth, Robyn Bigelow

St. Mary's Law Journal

Legal malpractice jurisprudence is a dynamic and evolving area of Texas law. In its evolution, many issues have arisen regarding potential areas for attorney liability and discipline. The Texas Supreme Court opinion in Alexander v. Turtur & Associates, Inc. discusses the “suit within the suit” requirement for causation in litigation malpractice cases. The case also raised an important question—whether and in what circumstances causation should be treated as a question of law for the trial judge in the malpractice case, rather than as a question of fact for the jury. The Alexander opinion suggests that both the jury submission issues …


The Emperor's New Clothes: Cloaking Client Protection Under The New Model Court Rule On Insurance Disclosure The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility: Comment., Nicole D. Mignone Jan 2005

The Emperor's New Clothes: Cloaking Client Protection Under The New Model Court Rule On Insurance Disclosure The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility: Comment., Nicole D. Mignone

St. Mary's Law Journal

Traditionally, the legal profession prides itself on its ability to self-regulate and prefers to “take care of its own” in the disciplinary realm. The Model Court Rule on Insurance Disclosure (the Rule) invites an initial effort toward the legal profession’s self-regulating ideals and client protection. The Rule requires private practice attorneys to report to their state whether they plan to maintain liability insurance, which is then disclosed to the public. Unfortunately, the Rule’s ambiguous language and requirements create worrisome issues for both the attorney and client. Attorneys without malpractice insurance may be indirectly forced to obtain it. This expense could …


Legal Ethics In Capital Cases: Looking For Virtue In Roberts V. Dretke And Assessing The Ethical Implications Of The Death Row Volunteer The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility: Comment., J. Caleb Rackley Jan 2005

Legal Ethics In Capital Cases: Looking For Virtue In Roberts V. Dretke And Assessing The Ethical Implications Of The Death Row Volunteer The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility: Comment., J. Caleb Rackley

St. Mary's Law Journal

Abstract Forthcoming.


Reeves V. Sanderson Plumbing Products: The Emperor Has No Clothes - Pretext Plus Is Alive And Kicking., Matthew R. Scott, Russell D. Chapman Jan 2005

Reeves V. Sanderson Plumbing Products: The Emperor Has No Clothes - Pretext Plus Is Alive And Kicking., Matthew R. Scott, Russell D. Chapman

St. Mary's Law Journal

Before the Supreme Court’s decision in Reeves v. Sanderson Plumbing Products, Inc., the Fifth Circuit’s en banc decision in Rhodes v. Guiberson Oil Tools established the proper standard of causation in employment discrimination cases. The plaintiff must prove his or her protected trait was the “determinative reason” for the challenged employment action. Following Reeves, which appeared to overrule Rhodes and the doctrine of pretext plus, the Fifth Circuit struggled with the causation question. Despite the apparent confusion, the Fifth Circuit has largely reaffirmed not only its commitment to the Rhodes pretext-plus analysis, but also the determinative-reason standard for pretext cases. …


Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits To Ps 8 Cultural Heritage, Ifc Dec 2004

Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits To Ps 8 Cultural Heritage, Ifc

IFC E&S Performance Standards

No abstract provided.


Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redlinect Edits To Ps 5 Resettlement, Ifc Dec 2004

Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redlinect Edits To Ps 5 Resettlement, Ifc

IFC E&S Performance Standards

No abstract provided.


Dec. 18, 2004, A.Durbin Et Al., Summary Of Cso Comments On Pol'y And Perf. Standards, Clean Copy, Ifc Dec 2004

Dec. 18, 2004, A.Durbin Et Al., Summary Of Cso Comments On Pol'y And Perf. Standards, Clean Copy, Ifc

IFC E&S Performance Standards

No abstract provided.


Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edit To Ps 2- Labor And Working Conditions, Ifc Dec 2004

Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edit To Ps 2- Labor And Working Conditions, Ifc

IFC E&S Performance Standards

No abstract provided.


Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits, Ps 9 Social & Environmental Management System, Ifc Dec 2004

Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits, Ps 9 Social & Environmental Management System, Ifc

IFC E&S Performance Standards

No abstract provided.


Dec. 18, 2004, A. Durbin Et Al., Summary Of Cso Comments On Policy & Ps With D. Hunter's Notes On Ps, Ifc Dec 2004

Dec. 18, 2004, A. Durbin Et Al., Summary Of Cso Comments On Policy & Ps With D. Hunter's Notes On Ps, Ifc

IFC E&S Performance Standards

No abstract provided.


Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits To Ps 3 Pollution Prevention And Abatement, Ifc Dec 2004

Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits To Ps 3 Pollution Prevention And Abatement, Ifc

IFC E&S Performance Standards

No abstract provided.


Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits To Ps 8 Cultural Heritage, Ifc Dec 2004

Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits To Ps 8 Cultural Heritage, Ifc

IFC E&S Performance Standards

No abstract provided.


Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits On Ifc's Ses Policy, Ifc Dec 2004

Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits On Ifc's Ses Policy, Ifc

IFC E&S Performance Standards

No abstract provided.


Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits To Ps 4 Community Health And Safety, Ifc Dec 2004

Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits To Ps 4 Community Health And Safety, Ifc

IFC E&S Performance Standards

No abstract provided.


Dec. 17, 2004, Ifc Consultation Advisory No.3, Public Consultation Phase I To Remain Open, David Cowan Dec 2004

Dec. 17, 2004, Ifc Consultation Advisory No.3, Public Consultation Phase I To Remain Open, David Cowan

IFC E&S Performance Standards

No abstract provided.


Dec. 15. Cso Recommendations For Embedding Human Rights In Pss, Michael Bassett, Diana Bronson, Daniel Bradlow, Andrea Durbin, Steve Hertz, Petr Hlobl, David Hunter, Fergus Mackay, Anne Perrault, Jorge Daniel Taillant Dec 2004

Dec. 15. Cso Recommendations For Embedding Human Rights In Pss, Michael Bassett, Diana Bronson, Daniel Bradlow, Andrea Durbin, Steve Hertz, Petr Hlobl, David Hunter, Fergus Mackay, Anne Perrault, Jorge Daniel Taillant

IFC E&S Performance Standards

No abstract provided.


Dec. 15, 2004, A. Durbin, Et Al, Draft Cso Tracked Comments And Suggested Revisions To Ifc's August 12, 2004 Draft, Ifc Dec 2004

Dec. 15, 2004, A. Durbin, Et Al, Draft Cso Tracked Comments And Suggested Revisions To Ifc's August 12, 2004 Draft, Ifc

IFC E&S Performance Standards

No abstract provided.


Dec. 2004, Cso Proposals For Integrating Human Rights Into Pss, Michael Bassett, Diana Bronson, Daniel Bradlow, Andrea Durbin, Steve Hertz, Petr Hlobl, David Hunter, Fergus Mackay, Anne Perrault, Jorge Daniel Taillant Dec 2004

Dec. 2004, Cso Proposals For Integrating Human Rights Into Pss, Michael Bassett, Diana Bronson, Daniel Bradlow, Andrea Durbin, Steve Hertz, Petr Hlobl, David Hunter, Fergus Mackay, Anne Perrault, Jorge Daniel Taillant

IFC E&S Performance Standards

No abstract provided.


Dec. 13, 2004, D. Clark, International Accountability Project-Comments, D. Clark Dec 2004

Dec. 13, 2004, D. Clark, International Accountability Project-Comments, D. Clark

IFC E&S Performance Standards

No abstract provided.


Nov. 4, 2004, Treasury's Crosscutting Issues To Cso Before Meeting With Ifc Re Safeguard Review, Ifc Nov 2004

Nov. 4, 2004, Treasury's Crosscutting Issues To Cso Before Meeting With Ifc Re Safeguard Review, Ifc

IFC E&S Performance Standards

No abstract provided.


Nov. 4, 2004, Cso Table Critiquing Ifc Performance Standards 1-9, Ifc Nov 2004

Nov. 4, 2004, Cso Table Critiquing Ifc Performance Standards 1-9, Ifc

IFC E&S Performance Standards

No abstract provided.


Nov. 1, 2004, Ltr From D. Hunter, Pec, To M. Taylor, Cao, Re Changes In Ifc Safeguard Policies, David Hunter Nov 2004

Nov. 1, 2004, Ltr From D. Hunter, Pec, To M. Taylor, Cao, Re Changes In Ifc Safeguard Policies, David Hunter

CAO General 1999-Present

No abstract provided.


Oct. 2004, A. Durbin, Overall Analysis Of Ifc's Draft Performance Standards, Ifc Oct 2004

Oct. 2004, A. Durbin, Overall Analysis Of Ifc's Draft Performance Standards, Ifc

IFC E&S Performance Standards

No abstract provided.


Oct. 3 -4, 2004, Agenda, Cso Strategy Session On Ifc Safeguard Review Process With Dhunter Margin Notes, Ifc Oct 2004

Oct. 3 -4, 2004, Agenda, Cso Strategy Session On Ifc Safeguard Review Process With Dhunter Margin Notes, Ifc

IFC E&S Performance Standards

No abstract provided.


Oct. 3 -4, 2004, A. Durbin, Cso Strategy Session, Agenda, Draft Platform, And Statement With Margin Notes, Ifc Oct 2004

Oct. 3 -4, 2004, A. Durbin, Cso Strategy Session, Agenda, Draft Platform, And Statement With Margin Notes, Ifc

IFC E&S Performance Standards

No abstract provided.