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- Publication Type
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Articles 1831 - 1860 of 1968
Full-Text Articles in Environmental Law
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 …
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.
Fourth Amendment Does Not Prevent Police Officers From Donducting Inventory Search Of Closed Containers, Pursuant To Standard Police Procedures, Regardless Of Whether Less Intrusive Means Exist To Achieve Inventory's Purpose., Kathryn Jo Gilliam
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.
In Suit By Contract Creditor, Corporate Entity May Be Disregarded Upon Showing Of Constructive Fraud When Entity Used As Sham To Perpetrate Fraud., Paul S. Leslie
St. Mary's Law Journal
Abstract Forthcoming.
White Oil And Greenback Dollars: An Overview Of Controversies Surrounding Production Of Gas From The Panhandle Field Of Texas., Barron W. Dowling
White Oil And Greenback Dollars: An Overview Of Controversies Surrounding Production Of Gas From The Panhandle Field Of Texas., Barron W. Dowling
St. Mary's Law Journal
Abstract Forthcoming.
Service Member Recovery For Military Medical Malpractice Under The Federal Tort Claims Act: A Judicial Response Comment., Keith B. Sieczkowski
Service Member Recovery For Military Medical Malpractice Under The Federal Tort Claims Act: A Judicial Response Comment., Keith B. Sieczkowski
St. Mary's Law Journal
Abstract Forthcoming.
Ad Valorem Taxation Litigation And Recent Changes To The Property Tax Code., Robert J. Myers
Ad Valorem Taxation Litigation And Recent Changes To The Property Tax Code., Robert J. Myers
St. Mary's Law Journal
Abstract Forthcoming.
New Wave Land Use Regulation: The Impact Of Impact Fees On Texas Lenders., Wm. Terry Bray, David S. Caudill, Jack E. Owen Jr.
New Wave Land Use Regulation: The Impact Of Impact Fees On Texas Lenders., Wm. Terry Bray, David S. Caudill, Jack E. Owen Jr.
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.
Criminal Law - Right Of Confrontation - Admission Of Pre-Trial Videotaped Testimony Of Sexually Abused Child Pursuant To Article 38.071, Section 2, Texas Code Of Criminal Procedure Violates Right Of Confrontation And Due Process Case Note., Curtis L. Cukjati
St. Mary's Law Journal
Abstract Forthcoming.
Real Property - Homestead - Covenant To Pay Assessments Enforced By Foreclosure Provision Is Superior To After-Acquired Homestead Exemption Case Note., Randy B. Warmbrodt
Real Property - Homestead - Covenant To Pay Assessments Enforced By Foreclosure Provision Is Superior To After-Acquired Homestead Exemption Case Note., Randy B. Warmbrodt
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.
An Overview Of The Texas Bar Foundation Symposium On Cost Control At The Courthouse Held Semptember 30, 1987, Corpus Christi, Texas Recent Development., Mark P. Brewster, Mary Kathleen Finck, John P. Palmer
An Overview Of The Texas Bar Foundation Symposium On Cost Control At The Courthouse Held Semptember 30, 1987, Corpus Christi, Texas Recent Development., Mark P. Brewster, Mary Kathleen Finck, John P. Palmer
St. Mary's Law Journal
Abstract Forthcoming.
The Conservation Movement In A Corporate Age, Charles F. Wilkinson
The Conservation Movement In A Corporate Age, Charles F. Wilkinson
Publications
No abstract provided.
Thinking About Federal Jurisdiction - Of Serpents And Swallows., Thomas E. Baker
Thinking About Federal Jurisdiction - Of Serpents And Swallows., Thomas E. Baker
St. Mary's Law Journal
Abstract Forthcoming.
Trial Court Jurisdiction And Control Over Judgments., David Peeples
Trial Court Jurisdiction And Control Over Judgments., David Peeples
St. Mary's Law Journal
Abstract Forthcoming.
Collecting Attorney Fees From The Government In Tax Litigation: An Analysis Of The Winners And Prospects For The Future., Craig J. Langstraat
Collecting Attorney Fees From The Government In Tax Litigation: An Analysis Of The Winners And Prospects For The Future., Craig J. Langstraat
St. Mary's Law Journal
Abstract Forthcoming.
Protecting The Record For Appeal: A Reference Guide In Texas Civil Cases., David E. Keltner, Melinda R. Burke
Protecting The Record For Appeal: A Reference Guide In Texas Civil Cases., David E. Keltner, Melinda R. Burke
St. Mary's Law Journal
Abstract Forthcoming.
Reversal Due To Fundamental Error In The Jury Charge Requires A Showing Of Egregious Harm To The Accused If The Error Is Not Objected To At Trial., Michael H. Bassett
Reversal Due To Fundamental Error In The Jury Charge Requires A Showing Of Egregious Harm To The Accused If The Error Is Not Objected To At Trial., Michael H. Bassett
St. Mary's Law Journal
Abstract Forthcoming.
An Employer's Intentional Failure To Maintain A Safe Work Place Is Not An Intentional Act Unless The Employer Is Substantially Certain That Such Conduct Would Cause The Injury., David S. Goldberg
St. Mary's Law Journal
Abstract Forthcoming.
Foreword., Editorial Board St. Mary's Law Journal
Foreword., Editorial Board St. Mary's Law Journal
St. Mary's Law Journal
Abstract Forthcoming.
The Continuing Voids In Texas Groundwater Law: Are Concepts And Terminology To Blame., Corwin W. Johnson
The Continuing Voids In Texas Groundwater Law: Are Concepts And Terminology To Blame., Corwin W. Johnson
St. Mary's Law Journal
Abstract Forthcoming.
Environmental Significance Of Instream Flows., James W. Johnston
Environmental Significance Of Instream Flows., James W. Johnston
St. Mary's Law Journal
Abstract Forthcoming.
A Primer On Trademarks And Service Marks., Lawrence E. Evans Jr.
A Primer On Trademarks And Service Marks., Lawrence E. Evans Jr.
St. Mary's Law Journal
Abstract Forthcoming.
Take-Or-Pay Provisions: Major Problems For The Natural Gas Industry Comment., David L. Roland
Take-Or-Pay Provisions: Major Problems For The Natural Gas Industry Comment., David L. Roland
St. Mary's Law Journal
A prompt solution to the take-or-pay problem is vital to the survival of the natural gas industry. Due to the increasingly turbulent and unpredictable natural gas market, most natural gas producers include a take-or-pay provision in their gas purchase contracts. Take-or-pay provisions require a pipeline company to either take an amount of natural gas from the producer or the company must pay for the specified amount. The market, however, has changed and the demand for natural gas declined. The demand can be partly attributed to the energy crisis of a decade ago. As a result of the crisis, consumers are …
Judgment Granting Equitable Relief Cannot Support Award Of Punitive Damages Where Actual Damages Are Not Also Recovered., Beth Mcallister
Judgment Granting Equitable Relief Cannot Support Award Of Punitive Damages Where Actual Damages Are Not Also Recovered., Beth Mcallister
St. Mary's Law Journal
Abstract Forthcoming.
Introduction., Larry Soward
The Profession As A Moral Teacher Legal Essay., Thomas Shaffer
The Profession As A Moral Teacher Legal Essay., Thomas Shaffer
St. Mary's Law Journal
Abstract Forthcoming.
Court-Sponsored Custody Mediation To Prevent Parental Kidnapping: A Disarmament Proposal Comment., Sue T. Bentch
Court-Sponsored Custody Mediation To Prevent Parental Kidnapping: A Disarmament Proposal Comment., Sue T. Bentch
St. Mary's Law Journal
Texas should implement a court-sponsored custody mediation plan to prevent parental kidnapping. Each day, hundreds of parents kidnap their own children. These kidnapped children are often the innocent victims of an escalating custody battle between parents. The magnitude of the parental kidnapping problem has forced Congress and the legislatures of the various states to address its possible solution. Congress and state legislatures implemented the Uniform Child Custody Jurisdiction Act, the Parental Kidnapping Prevention Act of 1980, state criminal laws, civil laws, and tort suits to address the problem. Unfortunately, these remedies only address the problem after the abduction has occurred. …