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- Publication Type
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Articles 1951 - 1968 of 1968
Full-Text Articles in Environmental Law
Injection Of Contaminated Drug By Hospital Employee Sufficient To Constitute Sale Of Product For Purposes Of Implied Warranty., James D. Shields
Injection Of Contaminated Drug By Hospital Employee Sufficient To Constitute Sale Of Product For Purposes Of Implied Warranty., James D. Shields
St. Mary's Law Journal
Abstract Forthcoming.
Changes In Appellate Review In Criminal Cases Following The 1980 Constitutional Amendment., Carl E.F. Dally, Patricia A. Brockway
Changes In Appellate Review In Criminal Cases Following The 1980 Constitutional Amendment., Carl E.F. Dally, Patricia A. Brockway
St. Mary's Law Journal
Abstract Forthcoming.
Parental Child-Snatching: Out Of A No-Man's-Land Of Law., Wayne Young
Parental Child-Snatching: Out Of A No-Man's-Land Of Law., Wayne Young
St. Mary's Law Journal
Approximately 100,000 parental child-snatchings occur annually. When a parent takes a kidnapped child to another jurisdiction, the injured parent must convince the court to recognize a foreign custody decree and persuade the same court to enforce that decree. Congress enacted the Uniform Child Custody Jurisdiction Act (UCCJA) to eliminate relitigation of custody decrees in other states and end court practices which protect the kidnapping parent. However, the UCCJA does not resolve parental child-snatching because the Act is ineffective in non-adopting states and the Act fails to aid a state in locating the abducting parent. Non-UCCJA states such as Texas have …
Shipowner Has No Duty To Supervise Or Inspect Cargo Operation Area Once Stevedore Has Begun Cargo Operations, Absent Knowledge Of Defects, Contract Provision, Positive Law, Or Custom., Ken D. Hamilton
St. Mary's Law Journal
Abstract Forthcoming.
The Erosion Of The Noerr Pennington Immunity.
The Erosion Of The Noerr Pennington Immunity.
St. Mary's Law Journal
Abstract Forthcoming.
Exhaustion Of State Administrative Remedies In A Prerequisite To 42 U.S.C. 1983 Action., Russell W. Heald
Exhaustion Of State Administrative Remedies In A Prerequisite To 42 U.S.C. 1983 Action., Russell W. Heald
St. Mary's Law Journal
Abstract Forthcoming.
Trial Judge Required, Upon Proper Request, To Instruct Jury Not To Draw Adverse Inferences From A Defendant's Failure To Testify., Susan L. Gellis
Trial Judge Required, Upon Proper Request, To Instruct Jury Not To Draw Adverse Inferences From A Defendant's Failure To Testify., Susan L. Gellis
St. Mary's Law Journal
Abstract Forthcoming.
Control Group Test Unacceptable As Standard For Assertion Of Attorney-Client By Corporations., Thomas D. Anthony
Control Group Test Unacceptable As Standard For Assertion Of Attorney-Client By Corporations., Thomas D. Anthony
St. Mary's Law Journal
Abstract Forthcoming.
Declaratory Judgments In Texas - Mandatory Or Discretionary., Robert W. Calvert
Declaratory Judgments In Texas - Mandatory Or Discretionary., Robert W. Calvert
St. Mary's Law Journal
Abstract Forthcoming.
Civil Procedure - In Personam Jurisdiction - In Personam Jurisdiction May Be Exercised Over A Foreign Corporation Which Has Engaged In Continuous And Substantial Business Transactions In Texas For Cuases Of Action Unrelated To Those Transactions., David H. Brock
St. Mary's Law Journal
Abstract Forthcoming.
Bona Fide Seniority Systems Adopted Before And After Civil Rights Act Of 1964 Are Immune From Attack Unless Result Of Intention To Discriminate., Diane M. Weidert
Bona Fide Seniority Systems Adopted Before And After Civil Rights Act Of 1964 Are Immune From Attack Unless Result Of Intention To Discriminate., Diane M. Weidert
St. Mary's Law Journal
Abstract Forthcoming.
Offensive Collateral Estoppel And Products Liability: Reasoning The Unreasonable., Kurt Erlenbach
Offensive Collateral Estoppel And Products Liability: Reasoning The Unreasonable., Kurt Erlenbach
St. Mary's Law Journal
Abstract Forthcoming.
Overview: Plea Bargaining In Texas., Phillip R. Spicer Jr.
Overview: Plea Bargaining In Texas., Phillip R. Spicer Jr.
St. Mary's Law Journal
Abstract Forthcoming.
Sixth Amendment Right To Speedy Trial Does Not Apply During Interim Between Dismissal Of Charges And Subsequent Indictment By Same Sovereign., Nancy Nowlin Kerr
Sixth Amendment Right To Speedy Trial Does Not Apply During Interim Between Dismissal Of Charges And Subsequent Indictment By Same Sovereign., Nancy Nowlin Kerr
St. Mary's Law Journal
Abstract Forthcoming.
Neither Conservation Amendment Nor Police Power Of State Justifies The Taking Of Vested Riparian Rights Without Compensation Under Texas Water Rights Adjudicated Act Of 1967., Janet M. Drewry
St. Mary's Law Journal
Abstract Forthcoming.
Environmental Law And Construction Project Management, Michael S. Baram
Environmental Law And Construction Project Management, Michael S. Baram
Faculty Scholarship
Construction project management generally proceeds through sequential stages of project conception, planning, site acquisition, design and construction. Traditionally, citizens and public officials have relied on various elements of American common law to prevent, abate or get compensation for injuries resulting from the final construction stage of project management. Common law concepts of nuisance, negligence and trespass have been applied by the courts to situations where essentially private rights have been infringed by debris, runoff, noise, vibrations, structural damage and other byproducts of the construction process. The common law has therefore indirectly served as an environmental control on construction activities in …
On Dissent, Violence, And The Intellectual, Page Keeton
On Dissent, Violence, And The Intellectual, Page Keeton
Vanderbilt Law Review
If I have properly assessed the meaning of Dean Forrester's comments, he stated that: (1) America is now in the midst of an attempted revolution, an attempt to create a new society by force and violence; (2) war, race relations, poverty, environment, and the other festers in our society, while great problems, are not the real causes of the discontent; (3) the attempted revolution is the product of a generation of university teaching and writing which has created the intellectual atmosphere and the state of mind that sustain the conflict. I respectfully dissent while recognizing at the same time the …
Legislation And The Environment: Individual Rights And Government Accountability, Richard L. Ottinger
Legislation And The Environment: Individual Rights And Government Accountability, Richard L. Ottinger
Elisabeth Haub School of Law Faculty Publications
Recent public concern with the pollution threat has generated a rash of suggested solutions. Within the past year councils, agencies, advisory commissions, and billion-dollar programs have been urged upon us. Reorganizations and reorderings of priorities have been called for. The question remains, however, whether this welter of proposals squarely attacks the real problem-the fact that all of our institutions are rooted in the notions of inexhaustible supply and limitless ability to repair. The answer can be found only by examining specific conflicts between technology and environment and analyzing the way our institutions attempt to resolve them.