Environmental Law Commons^™

Avoiding The Issue Of Whether Implied Warranties Extend To Professional Services By Defining Horse Training As A Modification Of An Existing Tangible Good., Wendy Hunkele

St. Mary's Law Journal

No abstract provided.

The Federal Courts Study Committee Begins Its Work., Joseph F. Weis Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Summary Judgments In Texas., David Hittner, Lynne Liberato

St. Mary's Law Journal

Abstract Forthcoming.

Squeezing The Lemon - Helping Texas Consumers With New Car Problems., Darby Riley

St. Mary's Law Journal

No abstract provided.

The Relevancy Revolution In Criminal Law: A Practical Tour Through The Texas Rules Of Criminal Evidence., Cathleen C. Herasimchuk

St. Mary's Law Journal

No abstract provided.

Military Contractors Who Comply With Elements Of Government Contractor Defense Are Immune From Products Liability Suits Stemming From Design Defects., Matthew J. Sullivan

St. Mary's Law Journal

In Boyle v. United Technologies Corp., the United States Supreme Court held military contractors who comply with the elements of the government contractor defense are immune from products liability suits stemming from design defects. Lower courts consider the government contractor defense to be a combination of two separate defenses. The first is the well-settled contract specification defense which eliminates liability for contractors who properly follow client supplied specifications. The second defense is the doctrine of shared sovereign immunity shielding the contractor from liability based on public policy concerns.

In Boyle, the Court held defective design of military equipment will not …

D.W.I. Suspects Do Not Have Right To Consult With Counsel Before Intoxilyzer Test Under Texas Constitution Because Test Is Not A Critical Stage In Proceedings., Clifford C. Herberg Jr.

St. Mary's Law Journal

Under the Texas Constitution, D.W.I. suspects do not have a right to consult with counsel before an intoxilyzer test because the test is not considered a “critical stage” in proceedings. In Forte v. State, the Texas Court of Criminal Appeals adopted the critical stage approach and held D.W.I. suspects do not have a right to counsel under the Texas Constitution until the filing of the complaint. The court reasoned because the statute implies consent to the test, and the suspect has no legal right to refuse the test, counsel’s presence would not serve to protect “any known right or safeguard,” …

Texas Oil And Gas Leases Contain Separate And Distinct Implied Covenant To Further Explore After Lucrative Production., E. Joy Jackson Sparks

St. Mary's Law Journal

In Sun Exploration & Production Co. v. Jackson, the Texas Supreme Court held Texas oil and gas leases contain a separate and distinct implied covenant to further explore after lucrative production. A lease that grants an interest in oil and gas found beneath the ground surface holds several implied covenants. Once successful production begins on a leasehold, implied covenants arise to encourage cooperation between the lessor and the lessee. A covenant is a “promise” between two or more parties to perform or not to perform a specific act. A covenant may be expressly stated within a contract or implied by …

Jury Trials In The Bankruptcy Courts: Awaiting A Final Verdict., Ann Van Bever, V. Craig Cantrell

St. Mary's Law Journal

No abstract provided.

Miranda Warnings Sufficient To Inform Defendant Of Sixth Amendment Right To Counsel For Postindictment Interrogations., David M. Shearer

St. Mary's Law Journal

Abstract Forthcoming.

Scources Of Liberty In The Texas Bill Of Rights., Arvel (Rod) Ponton Iii

St. Mary's Law Journal

Many historical, economic, and philosophical forces have combined to create a uniquely “Texian” perspective on liberty that has heavily influenced the Texas Bill of Rights. The original Texas Bill of Rights was drafted in 1836, during the ascendancy of Jacksonian democracy, following the successful revolt from the military dictatorship of General Santa Anna. Texans had lived under Spanish civil law, Mexican constitutional law, a Mexican military dictatorship, English common law, and the Bill of Rights of the United States. The Texas Revolution, the fact that many Texans looked to American and English jurisprudence for guidance, the violation of many rights …

Landlord Implicitly Warrants That Commercial Premises Suited For Inteded Use; Tenant's Duty To Pay Rent Dependent Upon Landlord Honoring Implied Warranty., Troy (Trey) S. Martin Iii

St. Mary's Law Journal

Abstract Forthcoming.

The Evolving Concept Of Preemption Removal: An Expansion Of Federal Jurisdiction., Scott Roberts

St. Mary's Law Journal

Federal jurisdiction based on preemption removal should extend to federal laws which meet the requirements of Franchise Tax Board v. Construction Laborers Vacation Trust and Metropolitan Life Insurance Company v. Taylor. The well-pleaded complaint rule restricts federal removal jurisdiction. The well-pleaded complaint rule requires a federal question appear on the face of the plaintiff’s complaint for federal jurisdiction to attach. Therefore, the defendant’s right to a federal forum depends upon whether the plaintiff chooses to invoke a federal claim in its complaint. Courts routinely criticize the linking of removal jurisdiction to the well-pleaded complaint rule for giving plaintiffs incentive to …

Franchise Litigation In Texas: Analyzing Claims And Defenses Symposium - Business Tort Litigation., John G. Lewis

St. Mary's Law Journal

Abstract Forthcoming.

Texas Civil Procedure - Evidence Of Net Worth - Net Worth Is Discoverable And Admissible Into Evidence For The Purpose Of Assessing Punitive Damages Recent Development., Mark A. Lindow

St. Mary's Law Journal

Abstract Forthcoming.

The Third Justice System: The New Juvenile-Criminal System Of Determinate Sentencing For The Youthful Violent Offender In Texas., Robert O. Dawson

St. Mary's Law Journal

Abstract Forthcoming.

Constitutional Law - First Amendment - Public Figures And Public Officials May Not Recover For Intentional Infliction Of Emotional Distress For Publication Of Ad Parody Absent A Showing That Publication Contained A False Statement Of Fact Made With Actual Malice Recent Development., Evelyn T. Ailts

St. Mary's Law Journal

Abstract Forthcoming.

Criminal Law - Mail Fraud - Mail Fraud Statute Restricted To The Protection Of Property Rights And Doesn Not Extend To The Protection Of The Intangible Right To Honest And Impartial State Government Case Note., Keith S. Hampton

St. Mary's Law Journal

Abstract Forthcoming.

Unlimited Branch Banking In Texas: The Next Step In Deregulation Comment., Mark A. Giltner

St. Mary's Law Journal

Abstract Forthcoming.

Deadlines And Extension Motions In Civil Appellate Litigation., Timothy Patton

St. Mary's Law Journal

Abstract Forthcoming.

Warrantless Arrest Jurisdiction In Texas: An Analysis And A Proposal., Gerald S. Reamey, J. Daniel Harkins

St. Mary's Law Journal

Within the State of Texas, there exist a great number of “peace officers” who are granted a wide range of power and authority. This includes the power to make warrantless arrests and searches pursuant to those arrests. Significant ambiguity exists regarding a peace officer’s jurisdiction. The confusion is largely due to imprecise statutory language and varying judicial interpretations. Article 998 of Texas Revised Civil Statutes, for example, bestowed on city police officers the same powers, authority, and jurisdiction as city marshals. The statute, though, neglected to define the extent of that jurisdiction, or even what “jurisdiction” meant in that context. …

Common Callings And The Enforcement Of Postemployment Covenants In Texas Symposium - Business Tort Litigation., William H. White

St. Mary's Law Journal

Abstract Forthcoming.

Screen Used At Trial That Prevents Testifyingchild Sex Abuse Victim From Viewing Accused Violates Accused's Sixth Amendment Right To Face-To-Face Confrontation., Curtis L. Cukjati

St. Mary's Law Journal

Abstract Forthcoming.

Settlement Of Disputes Within The Iea Oil Emergency Sharing System., Richard F. Scott

St. Mary's Law Journal

Abstract Forthcoming.

Rule-Making In Texas: Clarifying The Judiciary's Power To Promulgate Rules Of Civil Procedure., Bruce L. Dean

St. Mary's Law Journal

Abstract Forthcoming.

Torts - Municipal Liability - Exemplary Damages Available Against Municipality Performing Proprietary Function If Willful Or Malicious Conduct Directly Attributable To City Official(S) Symposium - Business Tort Litigation - Case Note., Jeffery V. Strahan

St. Mary's Law Journal

Abstract Forthcoming.

Admissibility Of Subsequent Remedial Measures As Evidence In Texas., Wendy Hunkele

St. Mary's Law Journal

Abstract Forthcoming.

Liability Of Parents For Conduct Of Their Child Under Section 33.01 Of The Texas Family Code: Defining The Requisite Standards Of Culpability., L. Wayne Scott

St. Mary's Law Journal

Section 33.01 of the Texas Family Code uses archaic terms and needs to be updated to eliminate confusion. This section provides an expansive statutory avenue for recovering from the parent damages previously unavailable at common law for a child's acts. However, the extent of parental liability under both of the available statutory provisions—negligence and strict liability—is disputable. While section 33.01 currently uses the terms "willful" and "malicious," these terms should be excluded in favor of "intentional" and "grossly negligent conduct." In an age when tort liability is determined more from an insurance theory than a fault theory, section 33.01 of …

Arbitration And Litigation Of Public Customers' Claims Against Broker-Dealers After Mcmahon Symposium - Business Tort Litigation., Joseph L. Hoon Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Products Liability: An Argument For Product Line Liability In Texas Symposium - Business Tort Litigation., Charles E. Cantu, David S. Goldberg

St. Mary's Law Journal

In today’s fast-paced business world, buyouts, takeovers, mergers, and other acquisitions are common occurrences. As a consequence of this corporate turnover, the consumer plaintiff injured while using a defective product may find the search for the proper defendant is futile, simply because the product is now marketed by a different legal entity. Generally, the consumer has no recourse against the manufacturer of the particular product which caused the injury if that manufacturer has since dissolved. This apparent unfairness, coupled with an increase in litigation of this nature over the last decade, has led to the judicial recognition of an exception …