Open Access. Powered by Scholars. Published by Universities.®

Environmental Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Legal Ethics and Professional Responsibility

Institution
Keyword
Publication Year
Publication
Publication Type

Articles 1111 - 1140 of 1409

Full-Text Articles in Environmental Law

In Sharp Contrast To The Past: The Demise Of The Per Se Rule Against Vertical Price Fixing., Christopher J. Pettit Jan 1991

In Sharp Contrast To The Past: The Demise Of The Per Se Rule Against Vertical Price Fixing., Christopher J. Pettit

St. Mary's Law Journal

Actions by the Department of Justice and the Supreme Court lessening vertical pricing protections under the Sherman Antitrust Act require Congressional intervention. By enacting the Sherman Antitrust Act, Congress intended agreements fixing vertical prices or having the ultimate effect of fixing vertical prices at any level be illegal per se. Vertical pricing agreements set, maintain, stabilize, raise, or depress prices of goods or services among the different levels of the product distribution chain. The Department of Justice (DOJ) has taken positive steps in limiting the per se rule of illegality by failing to pursue allegations of vertical price fixing and …


Erisa Preempts All Texas Causes Of Action That Relate To An Employee Benefit Plan Including The Insurance Code, The Deceptive Trade Practices Act And Common Law., Brent Biggs Jan 1991

Erisa Preempts All Texas Causes Of Action That Relate To An Employee Benefit Plan Including The Insurance Code, The Deceptive Trade Practices Act And Common Law., Brent Biggs

St. Mary's Law Journal

Abstract Forthcoming.


Incurable, Reversible Error Occurs Whenever The Jury Feels Animus Toward Or Solidarity With Witnesses Or Litigants Because Of Ethnicity Or Race Due To An Attorney's Suggestions Made During Closing Argument, No Matter How Open Or Subtle And With Finesse Those Suggestions May Be., Glenn D. Levy Jan 1991

Incurable, Reversible Error Occurs Whenever The Jury Feels Animus Toward Or Solidarity With Witnesses Or Litigants Because Of Ethnicity Or Race Due To An Attorney's Suggestions Made During Closing Argument, No Matter How Open Or Subtle And With Finesse Those Suggestions May Be., Glenn D. Levy

St. Mary's Law Journal

Abstract Forthcoming.


Introduction Of Thomas Buergenthal Address - Introduction., Barbara Bader Aldave Jan 1991

Introduction Of Thomas Buergenthal Address - Introduction., Barbara Bader Aldave

St. Mary's Law Journal

Abstract Forthcoming.


The Human Rights Revolution Address., Thomas Buergenthal Jan 1991

The Human Rights Revolution Address., Thomas Buergenthal

St. Mary's Law Journal

Abstract Forthcoming.


Preserving Error On Appeal In Texas Civil Cases: A Practical Guide For Civil Appeals In Texas Article Foreword., John Cornyn Iii Jan 1991

Preserving Error On Appeal In Texas Civil Cases: A Practical Guide For Civil Appeals In Texas Article Foreword., John Cornyn Iii

St. Mary's Law Journal

Abstract Forthcoming.


Preserving Error On Appeal In Texas Civil Cases: A Practical Guide For Civil Appeals In Texas., John Hill Cayce Jr. Jan 1991

Preserving Error On Appeal In Texas Civil Cases: A Practical Guide For Civil Appeals In Texas., John Hill Cayce Jr.

St. Mary's Law Journal

Fatal procedural errors can prevent appellees from preserving judgements and appellants from seeking review of court decisions on appeal. This article is a practical guide identifying critical concepts necessary to preserve the various rights of appeal. By examining the Texas Rules of Appellate Procedure, the author identifies procedural pitfalls attorneys may face when attempting to preserve appeals to the Texas Supreme Court or the appellate courts of Texas. Although the Texas Supreme Court has endeavored to eliminate procedural traps from civil appeals, a significant number of requests for appeal fail because lawyers do not follow the requirements necessary to preserve …


Educational Choice Legislation After Edgewood V. Kirby: A Proposal For Clearing The Sectarian Hurdle., C. Lee Cusenbary Jr. Jan 1991

Educational Choice Legislation After Edgewood V. Kirby: A Proposal For Clearing The Sectarian Hurdle., C. Lee Cusenbary Jr.

St. Mary's Law Journal

States can reform the ineffective educational system by adopting a free educational choice system. A free educational choice system would reimburse parents of educational expenditures through a voucher or tax deduction and will give parents the freedom to select the school their child attends. While free choice may present a viable solution for educational reform, one major obstacle is the possibility free choice would violate the Establishment Clause of the First Amendment by providing aid to sectarian schools. A free educational choice legislation will be subject to review under the Lemon v. Kurtzman test to determine if the financial aid …


Texas Fetal Rights: Is There A Future For The Rights Of Future Texans., S. Jeffrey Gately Jan 1991

Texas Fetal Rights: Is There A Future For The Rights Of Future Texans., S. Jeffrey Gately

St. Mary's Law Journal

In Texas, contrary interpretations, whether a fetus is a person or non-person, create unpredictable and irreconcilable outcomes. The author contrasts the differences found in Texas law regarding the rights of unborn children in the areas of property, family, criminal, and tort law. At conception, a fetus enjoys property rights. However, under the auspices of family law, a mother may not collect child support until birth but may seek contribution for prenatal care prior to birth. Criminal protection of a fetus is unavailable in Texas unless the fetus is born alive. If criminal activity results in still birth or fetal destruction, …


The Court Of Criminal Appeals Versus The Constitution: The Conclusivity Question., Susan Bleil, Charles Bleil Jan 1991

The Court Of Criminal Appeals Versus The Constitution: The Conclusivity Question., Susan Bleil, Charles Bleil

St. Mary's Law Journal

This Article examines the Texas Constitution’s grant of authority to appellate courts to review questions of fact and the Texas Supreme Court’s treatment of that authority. It then contrasts that treatment with the contrary position taken by the Texas Court of Criminal Appeals since 1981. It also examines the sentiments of the courts of appeals themselves. The analysis of the decisions demonstrates the highest courts of Texas do not uniformly view the constitutional provision in question. It also shows resulting confusion and dissatisfaction. The Court of Criminal Appeals needs a better, more logical approach in interpreting the Texas constitution. Also …


Postscript: In Budget Disputes Between Elected State Officials, Will The Rule Of Law Prevail., Gregory E. Maggs Jan 1991

Postscript: In Budget Disputes Between Elected State Officials, Will The Rule Of Law Prevail., Gregory E. Maggs

St. Mary's Law Journal

Abstract Forthcoming.


Mar. 8, 1990, Ifc, Procedure For Environmental Review Of Ifc Projects, Ifc Mar 1990

Mar. 8, 1990, Ifc, Procedure For Environmental Review Of Ifc Projects, Ifc

IFC E&S Performance Standards

No abstract provided.


Undated (1990), Ifc Environmental Requirements For Project Sponsors, Ifc Jan 1990

Undated (1990), Ifc Environmental Requirements For Project Sponsors, Ifc

IFC E&S Performance Standards

No abstract provided.


Prenatal V. Parental Rights: What A Difference An A Makes., Ali Gallagher Jan 1990

Prenatal V. Parental Rights: What A Difference An A Makes., Ali Gallagher

St. Mary's Law Journal

No abstract provided.


Lust - Deep In The Heart Of Texas: Federal Epa Regulations Affecting Underground Storage Tanks - The Texas Statutory And Regulatory Counterparts., Blaine D. Edwards Jan 1990

Lust - Deep In The Heart Of Texas: Federal Epa Regulations Affecting Underground Storage Tanks - The Texas Statutory And Regulatory Counterparts., Blaine D. Edwards

St. Mary's Law Journal

No abstract provided.


1989 Texas Dtpa Reform: Closing The Dtpa Loophole In The 1987 Tort Reform Laws And The Ongoing Quest For Fairer Dtpa Laws., John T. Montford, Will G. Barber, Robert L. Duncan Jan 1990

1989 Texas Dtpa Reform: Closing The Dtpa Loophole In The 1987 Tort Reform Laws And The Ongoing Quest For Fairer Dtpa Laws., John T. Montford, Will G. Barber, Robert L. Duncan

St. Mary's Law Journal

Abstract Forthcoming.


Dedication., James P. White Jan 1990

Dedication., James P. White

St. Mary's Law Journal

Abstract Forthcoming.


Dedication., Sam S. Crutchfield Jan 1990

Dedication., Sam S. Crutchfield

St. Mary's Law Journal

Abstract Forthcoming.


Commanding Respect: Criminal Sanctions For Environmental Crimes., Eva M. Fromm Jan 1990

Commanding Respect: Criminal Sanctions For Environmental Crimes., Eva M. Fromm

St. Mary's Law Journal

Abstract Forthcoming.


Standards Of Appellate Review In Civil Appeals., W. Wendell Hall Jan 1990

Standards Of Appellate Review In Civil Appeals., W. Wendell Hall

St. Mary's Law Journal

Abstract Forthcoming.


Punitive Damages For Breach Of Contract - A Principled Approach., Frank J. Cavico Jr. Jan 1990

Punitive Damages For Breach Of Contract - A Principled Approach., Frank J. Cavico Jr.

St. Mary's Law Journal

No abstract provided.


A Reasonable Belief That A Third Party Had Authority To Consent To A Search Is An Exception To The Warrant Requirement., S. Jeffrey Gately Jan 1990

A Reasonable Belief That A Third Party Had Authority To Consent To A Search Is An Exception To The Warrant Requirement., S. Jeffrey Gately

St. Mary's Law Journal

In Illinois v. Rodriguez, the Supreme Court granted certiorari to determine whether a warrantless search is valid when police rely on consent of a third party whom they reasonably believe had common authority over an area but does not. A reasonable belief that a third party had authority to consent to a search is an exception to the warrant requirement. The Fourth Amendment to the United States Constitution protects people and their possessions by prohibiting unreasonable searches by government authorities. Although this protection extends to any place where a person may claim a reasonable expectation of privacy, it especially protects …


Under The Boren Amendment, Health Care Providers Have An Enforceable Right, Actionable Under 42 U.S.C. 1983, To Challenge A State's Reimbursement Plan Under The Medicaid Act., C. Lee Cusenbary Jan 1990

Under The Boren Amendment, Health Care Providers Have An Enforceable Right, Actionable Under 42 U.S.C. 1983, To Challenge A State's Reimbursement Plan Under The Medicaid Act., C. Lee Cusenbary

St. Mary's Law Journal

No abstract provided.


Allowing A Child Abuse Victim To Testify Via One-Way Closed-Circuit Television Does Not Violate A Criminal Defendant's Sixth Amendment Confrontation Clause Right If The Trial Court Specifically Finds Such A Procedure Necessary To Protect The Child's Welfare., Lisa R. Miller Jan 1990

Allowing A Child Abuse Victim To Testify Via One-Way Closed-Circuit Television Does Not Violate A Criminal Defendant's Sixth Amendment Confrontation Clause Right If The Trial Court Specifically Finds Such A Procedure Necessary To Protect The Child's Welfare., Lisa R. Miller

St. Mary's Law Journal

In Maryland v. Craig, the Supreme Court held allowing child abuse victims to testify via one-way closed-circuit television does not violate a criminal defendant’s Sixth Amendment Confrontation Clause right if the trial court finds the procedure necessary to protect the child’s welfare. Although “confront” has generally been interpreted to mean “face-to-face,” on occasion, it may yield to public policy considerations and the compelling necessities of particular cases. The original purpose of the confrontation right was to prevent the accusers in a criminal proceeding from using ex parte affidavits or depositions against a defendant, in lieu of personal testimony. The Craig …


Benign Classification Based On Race Must Be Narrowly Tailored To Achieve A Compelling Governmental Interest., Martha J. Hess Jan 1990

Benign Classification Based On Race Must Be Narrowly Tailored To Achieve A Compelling Governmental Interest., Martha J. Hess

St. Mary's Law Journal

In City of Richmond v. J.A. Croson Co., the Supreme Court held a minority business utilization plan (Richmond Plan) was violative of the Fourteenth Amendment’s Equal Protection Clause. The Richmond Plan required all builders awarded city construction contracts to subcontract, at minimum, 30% of the contract value to Minority Business Enterprises. A state government enacting legislation that burdens one class of persons and benefits a similarly-situated class must provide sufficient justification for its action to survive equal protection analysis. When distinction is based on race or national origin—classes considered inherently suspect—a reviewing court subjects the governmental legislation to strict scrutiny, …


The Original Intent Of The Education Article Of The Texas Constitution., Mikal Watts, Brad Rockwell Jan 1990

The Original Intent Of The Education Article Of The Texas Constitution., Mikal Watts, Brad Rockwell

St. Mary's Law Journal

Abstract Forthcoming.


Current Procedures For Performing Meaningful Discussions In Federal Negotiated Procurements Are Uneconomical, Inefficient, And Ineffective - A Proposal For Improvement., Howard L. Speight Jan 1990

Current Procedures For Performing Meaningful Discussions In Federal Negotiated Procurements Are Uneconomical, Inefficient, And Ineffective - A Proposal For Improvement., Howard L. Speight

St. Mary's Law Journal

Abstract Forthcoming.


Nonparties To Employment Discrimination Consent Decrees May Attack, In A Collateral Lawsuit, Decisions Made Pursuant To The Decrees., Michael T. Larkin Jan 1990

Nonparties To Employment Discrimination Consent Decrees May Attack, In A Collateral Lawsuit, Decisions Made Pursuant To The Decrees., Michael T. Larkin

St. Mary's Law Journal

In Martin v. Wilks, the United States Supreme Court held nonparties to employment discrimination consent decrees may attack, in a collateral lawsuit, decisions made pursuant to the decrees. A consent decree is a voluntary judgment between parties which facilitates settlement of litigation by providing one party with equitable relief. Courts retain jurisdiction over parties to a consent decree, and they can issue contempt orders to parties violating the terms of the decree. Unlike judgments, the parties cannot challenge the consent decrees, except in limited circumstances. Recently, federal courts have widened the scope of preclusion law by defining the term “claim” …


University Of Richmond Law Review Jan 1990

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Pitfalls Of Public Policy: The Case Of Arbitration Agreements., Jeffrey W. Stempel Jan 1990

Pitfalls Of Public Policy: The Case Of Arbitration Agreements., Jeffrey W. Stempel

St. Mary's Law Journal

No abstract provided.