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Articles 1861 - 1890 of 1968
Full-Text Articles in Environmental Law
Premises Liability In Texas - Time For A Reasonable Change., Kathryn E. Eriksen
Premises Liability In Texas - Time For A Reasonable Change., Kathryn E. Eriksen
St. Mary's Law Journal
Abstract Forthcoming.
Racketeer Influenced And Corrupt Organizations Act (Rico) - Maintenance Of A Private Civil Rico Action Does Not Require A Showing That The Defendant Has Been Criminally Convicted Of The Predicate Acts Nor That The Plaintiff Has Sustained A Racketeering Injury Distinct From The Alleged Predicate Acts., Ruth E. Greenfield
St. Mary's Law Journal
Abstract Forthcoming.
The Best Evidence Article Of The Texas Rules Of Evidence., Olin Guy Wellborn Iii
The Best Evidence Article Of The Texas Rules Of Evidence., Olin Guy Wellborn Iii
St. Mary's Law Journal
Abstract Forthcoming.
The Vestiges Of The Texas Employment At-Will Doctrine In The Wake Of Progressive Law: The Employment Handbook Exception Comment., Brian Kennington Lowry
The Vestiges Of The Texas Employment At-Will Doctrine In The Wake Of Progressive Law: The Employment Handbook Exception Comment., Brian Kennington Lowry
St. Mary's Law Journal
Under a traditional approach of the at-will rule, if an employer hires an employee for an indefinite term then the employer may terminate the employee at will. Modification of the at-will rule has gained widespread support throughout the country. A majority of states now follow the progressive view, which allows the employment manual to become part of the labor contract, thereby obligating employers to abide by manual provisions. The progressive view maintains that an employee’s continued service after an employer issues a manual, constitutes ample consideration to make the document binding. Once a court recognizes the existence of independent consideration, …
Cancellation Of Water Rights In Texas: Use It Or Lose It., R. Lambeth Townsend
Cancellation Of Water Rights In Texas: Use It Or Lose It., R. Lambeth Townsend
St. Mary's Law Journal
It is the constitutional duty of the State of Texas to conserve and develop the state’s water resources. Texas effectuates water conservation and utilization through its system of granting and administering rights for the beneficial use of the state’s water. The Supreme Court of Texas concluded the state can further conserve water by cancelling appropriations not beneficially used to the limit provided in the permit, certified filing, or certificate of adjudication. Cancellation of unused water rights enables the Water Commission to make water available for beneficial use by others. Only by the beneficial use of water can the state obtain …
Discovery And Sanctions For Discovery Abuse., Joe K. Longley, Mark L. Kincaid
Discovery And Sanctions For Discovery Abuse., Joe K. Longley, Mark L. Kincaid
St. Mary's Law Journal
Abstract Forthcoming.
Hospital Liability May Be Based On Either Doctrine Of Ostensible Agency Or Doctrine Of Corporate Negligence., Gregory T. Perkes
Hospital Liability May Be Based On Either Doctrine Of Ostensible Agency Or Doctrine Of Corporate Negligence., Gregory T. Perkes
St. Mary's Law Journal
Abstract Forthcoming.
Ownership Of Developed Water: A Property Right Threatened., Frank R. Booth
Ownership Of Developed Water: A Property Right Threatened., Frank R. Booth
St. Mary's Law Journal
Abstract Forthcoming.
Texas' Interstate Water Compacts., Paul Elliott
Texas' Interstate Water Compacts., Paul Elliott
St. Mary's Law Journal
Abstract Forthcoming.
The Historical Background Of Texas Water Law - A Tribute To Jack Pope., Hans W. Baade
The Historical Background Of Texas Water Law - A Tribute To Jack Pope., Hans W. Baade
St. Mary's Law Journal
Abstract Forthcoming.
Article 38.071 Of The Texas Code Of Criminal Procedure: A Legislative Response To The Needs Of Children In The Courtroom Comment., Beth Mcallister
Article 38.071 Of The Texas Code Of Criminal Procedure: A Legislative Response To The Needs Of Children In The Courtroom Comment., Beth Mcallister
St. Mary's Law Journal
Abstract Forthcoming.
Renaissance In American Education: The New Role Of The Federal Government - Foreword Symposium On Education Law - Foreword., T.H. Bell
St. Mary's Law Journal
Abstract Forthcoming.
Teacher Termination And Nonrenewal In Texas Public Schools Symposium On Education Law., William T. Armstrong, Rosemary L. Hollan
Teacher Termination And Nonrenewal In Texas Public Schools Symposium On Education Law., William T. Armstrong, Rosemary L. Hollan
St. Mary's Law Journal
Abstract Forthcoming.
Interrelationship Of Tort Liability, Governmental Immunity, And The Civil Rights Statutes Symposium On Education Law., Kelly Frels, Jeffrey J. Horner
Interrelationship Of Tort Liability, Governmental Immunity, And The Civil Rights Statutes Symposium On Education Law., Kelly Frels, Jeffrey J. Horner
St. Mary's Law Journal
Abstract Forthcoming.
Student Competency Testing In Texas Symposium On Education Law., Ellen Smith Pryor
Student Competency Testing In Texas Symposium On Education Law., Ellen Smith Pryor
St. Mary's Law Journal
Abstract Forthcoming.
Issues In School Asbestos Hazard Abatement Litigation Symposium On Education Law - Comment., John P. Kincade
Issues In School Asbestos Hazard Abatement Litigation Symposium On Education Law - Comment., John P. Kincade
St. Mary's Law Journal
Abstract Forthcoming.
The University Interscholastic League Of Texas: Who Are These Guys And What Can They Do Symposium On Education Law - Comment., Stephen S. Goodman Iv
The University Interscholastic League Of Texas: Who Are These Guys And What Can They Do Symposium On Education Law - Comment., Stephen S. Goodman Iv
St. Mary's Law Journal
Abstract Forthcoming.
A Survey Of The Texas Reform Package: House Bill No. 72 Symposium On Education Law., William C. Bednar Jr.
A Survey Of The Texas Reform Package: House Bill No. 72 Symposium On Education Law., William C. Bednar Jr.
St. Mary's Law Journal
Abstract Forthcoming.
New Jersey V. T.L.O.: The Supreme Court's Lesson On School Searches Symposium On Education Law., Gerald S. Reamey
New Jersey V. T.L.O.: The Supreme Court's Lesson On School Searches Symposium On Education Law., Gerald S. Reamey
St. Mary's Law Journal
Considerable disagreement persists as to the fourth amendment rights of students within schools. Particularly, this disagreement regards the extent to which fourth amendment rights possessed by students may frustrate reasonable attempts by educators to maintain the order necessary to preserve an educational environment. In New Jersey v. T.L.O., the Supreme Court considered an argument advanced by the State of New Jersey that the “pervasive supervision” of school children diminishes the legitimate expectation of privacy a child may have in property “unnecessarily” brought to school. The Court concluded that the necessity of maintaining security and order in the educational environment was …
Introduction To Education Symposium Symposium On Education Law - Introduction., Mark G. Yudof
Introduction To Education Symposium Symposium On Education Law - Introduction., Mark G. Yudof
St. Mary's Law Journal
Abstract Forthcoming.
Free Speech And Public Education: An Overview Of Legal, Social, And Political Issues Symposium On Education Law., Ralph D. Mawdsley, Steven Permuth
Free Speech And Public Education: An Overview Of Legal, Social, And Political Issues Symposium On Education Law., Ralph D. Mawdsley, Steven Permuth
St. Mary's Law Journal
Abstract Forthcoming.
Education - Title Ix - Receipt By Private College Students Of Basic Educational Opportunity Grants Constitutes Federal Financial Assistance To The Specific Program Benefited Thereby Requiring Compliance With Title Ix Symposium On Education Law - Case Note., John F. Carroll
St. Mary's Law Journal
Abstract Forthcoming.
Surface Damages In Texas: A Proposal For Legislative Intervention., Steven John Berry
Surface Damages In Texas: A Proposal For Legislative Intervention., Steven John Berry
St. Mary's Law Journal
Abstract Forthcoming.
Contempt Of Court - Right To Jury Trial - A Fine Of $104,000 And Thirty Day Jail Sentence Is Serious Offense Entitling Contemnor To Trial By Jury., Kathryn E. Eriksen
Contempt Of Court - Right To Jury Trial - A Fine Of $104,000 And Thirty Day Jail Sentence Is Serious Offense Entitling Contemnor To Trial By Jury., Kathryn E. Eriksen
St. Mary's Law Journal
Abstract Forthcoming.
Determining Mineral Ownership In Texas After Moser V. United States Steel Corp. - The Surface Destruction Nightmare Continues., David A. Scott
Determining Mineral Ownership In Texas After Moser V. United States Steel Corp. - The Surface Destruction Nightmare Continues., David A. Scott
St. Mary's Law Journal
Total abandonment of the surface destruction test is essential for achieving mineral title certainty in Texas. Many instruments which grant or reserve mineral rights in Texas contain the words “other minerals.” When the instrument does not specifically list which substances the contracting parties include as minerals, a dispute often arises as to ownership of the unspecified substances. To resolve ownership disputes, Texas courts adopted the surface destruction test. This test focuses on the destructive effects removal of a particular substance would have on the surface of the land. Unfortunately, the surface destruction test yielded unpredictable results, causing uncertainty in mineral …
Yellow Pages Legal Ads In Texas: The Complexities Of Dr 2-101(B) & (And) (C)., Vincent Robert Johnson
Yellow Pages Legal Ads In Texas: The Complexities Of Dr 2-101(B) & (And) (C)., Vincent Robert Johnson
St. Mary's Law Journal
This Article explains how attorneys can avoid private reprimands for advertisements in the Yellow Pages pursuant to subsection (B) and (C) of the Texas Code of Professional Responsibility Disciplinary Rule 2-101, given there is no scholarship or precedent. Subsection (B) requires an advertisement to include the name of a lawyer who is licensed to practice law in Texas, who will be responsible for performing the legal service, and the areas of law in which they practice. Subsection (C) requires detailed statements be included concerning whether the individuals named in compliance with subsection (B) are certified with the Texas Board of …
Reexamining Roe: Nineteenth-Century Abortion Statutes And The Fourteenth Amendment., James S. Witherspoon
Reexamining Roe: Nineteenth-Century Abortion Statutes And The Fourteenth Amendment., James S. Witherspoon
St. Mary's Law Journal
Abstract Forthcoming.
A New Twist For Texas Lemon Owners., Ayala Alexopoulos
A New Twist For Texas Lemon Owners., Ayala Alexopoulos
St. Mary's Law Journal
Twenty-five percent of the consumers with car warranty problems are dissatisfied with the complaint-handling process in the automobile industry and the result of their grievances. In response to the frustrations of defective car owners, Texas, along with many other states, passed a “lemon law” providing more definitive relief for consumer. Lemon laws provide a clearly defined cause of action against the manufacturer and provide the consumer with a low-cost, readily available mechanism for resolving their disputes. Most states’ lemon laws require the consumer to resort to arbitration provisions before initiating a court action if a manufacturer sets up a dispute …
Ethical, Statutory, And Regulatory Conflicts Of Interest In Real Estate Transactions., Jeb C. Sanford
Ethical, Statutory, And Regulatory Conflicts Of Interest In Real Estate Transactions., Jeb C. Sanford
St. Mary's Law Journal
Abstract Forthcoming.
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.