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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 Jan 1987

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 Jan 1987

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 Jan 1987

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. Jan 1987

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 Jan 1987

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 Jan 1987

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 Jan 1987

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 Jan 1987

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. Jan 1987

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 Jan 1987

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 Jan 1987

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 Jan 1987

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 Jan 1987

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 Jan 1987

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 Jan 1987

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 Jan 1986

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 Jan 1986

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 Jan 1986

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 Jan 1986

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 Jan 1986

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 Jan 1986

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 Jan 1986

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 Jan 1986

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 Jan 1986

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. Jan 1986

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 Jan 1986

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 Jan 1986

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 Jan 1986

Introduction., Larry Soward

St. Mary's Law Journal

Abstract Forthcoming.


The Profession As A Moral Teacher Legal Essay., Thomas Shaffer Jan 1986

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 Jan 1986

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. …