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Articles 991 - 1020 of 1409

Full-Text Articles in Environmental Law

Jul. 12, 1994, Hon. N. Pelosi, Letter To Treas. Secretary L. Bentson Re Ifc Information Policy, Nancy Pelosi Jul 1994

Jul. 12, 1994, Hon. N. Pelosi, Letter To Treas. Secretary L. Bentson Re Ifc Information Policy, Nancy Pelosi

IFC E&S Performance Standards

No abstract provided.


Jun. 24, 1994, C. Dobson, Bic, Letter To Hon. Barney Frank Re Ifc Access To Information, Bic Jun 1994

Jun. 24, 1994, C. Dobson, Bic, Letter To Hon. Barney Frank Re Ifc Access To Information, Bic

IFC E&S Performance Standards

No abstract provided.


Legislative Redistricting In 1991-1992: The Texas Bill Of Rights V. The Voting Rights Act., James C. Harrington, Judith Sanders-Castro Jan 1994

Legislative Redistricting In 1991-1992: The Texas Bill Of Rights V. The Voting Rights Act., James C. Harrington, Judith Sanders-Castro

St. Mary's Law Journal

Every decade, after the federal government has taken the census, Americans endure the process of redistricting Congress, state legislatures, county commissioner precincts, school boards, city councils, and a host of other elected bodies. Governed by the interplay of federal, state, and local law, the reapportionment process would seem to be a relatively easy task in theory. Yet, overriding forces unique to the political arena and the judiciary’s voice in redistricting questions undermine the implementation of such a simple system. Narrow interpretation of the Voting Rights Act of 1965 by the United State Supreme Court and lower federal courts further intensify …


The Supreme Court Takes A Weapon From The Drug War Arsenal: New Defenses To Civil Drug Forfeiture., Scott Alexander Nelson Jan 1994

The Supreme Court Takes A Weapon From The Drug War Arsenal: New Defenses To Civil Drug Forfeiture., Scott Alexander Nelson

St. Mary's Law Journal

This Comment discusses the history and development of forfeiture law—emphasizing the misnomer of “guilty property”—and addresses the lack of constitutional safeguards in the civil forfeiture statutes. It outlines prospective constitutional defenses announced by the United States Supreme Court, emphasizing the Fifth Amendment guarantee of due process, the Eighth Amendment’s Excessive Fines Clause, and the “innocent owner” defense. The federal statute authorizing civil forfeiture, 21 U.S.C. § 881 (Forfeiture Statute), was initially enacted as part of the Comprehensive Drug Abuse Prevention and Control Act of 1970. The Comprehensive Forfeiture Act of 1984 amended the statute to impose forfeiture on real property …


Self-Publication: Defamation Within The Employment Context., Howard J. Siegel Jan 1994

Self-Publication: Defamation Within The Employment Context., Howard J. Siegel

St. Mary's Law Journal

This Article reviews the rules and reasoning various jurisdictions have maintained in defamation actions supported by self-publication. This type of defamation action is commonly known as self-defamation. Before the law will hold the originator of a defamatory statement liable for defamation, publication of the defamatory comments must occur. Generally, defamatory communications are those communications which tend to injure one’s reputation. Publication normally occurs when one communicates the defamatory matter to “one other than the person defamed.” Originally, courts considered defamation actions valid only when the defamed person alleged that the originator directly published the statement to a third person. Under …


Time Limitations For Objecting To Claims: The Interplay Between Sections 502(D) And 546(A) Of The Bankruptcy Code., Gregory G. Hesse Jan 1994

Time Limitations For Objecting To Claims: The Interplay Between Sections 502(D) And 546(A) Of The Bankruptcy Code., Gregory G. Hesse

St. Mary's Law Journal

It is common lore among bankruptcy trustees and lawyers that a bankruptcy trustee has an unlimited time period under the Bankruptcy Code (the Code) to file objections to claims. Neither Section 502(a) of the Code nor Federal Rule of Bankruptcy Procedure 3007 contains time limitations within which an objection to a claim must be filed. Yet, creative creditor attorneys have fashioned arguments that the two-year limitations period placed on avoidance actions by Section 546(a) of the Code applies to claim objection proceedings brought under Section 502(d). Because courts have held the limitations period of Section 546(a) applies to claim objection …


U.S. Taxation Of U.S. Persons Doing Business Or Investing In Mexico: An Overview., William H. Hornberger Jan 1994

U.S. Taxation Of U.S. Persons Doing Business Or Investing In Mexico: An Overview., William H. Hornberger

St. Mary's Law Journal

U.S. persons who plan to do business in Mexico or invest in new or existing Mexican business ventures are faced with a myriad of U.S. federal income tax issues. U.S. counsel advising U.S. persons regarding the ownership structure for a contemplated business or investment in Mexico should have a basic understanding of the U.S. system of international taxation. While a working knowledge of Mexico’s tax system is also helpful, Mexican counsel can provide information regarding the Mexican tax implications of doing business or investing in Mexico. A review of the U.S. system of international taxation should begin with a consideration …


Banning Motherhood: An Rx To Combat Child Abuse., Toni Driver Saunders Jan 1994

Banning Motherhood: An Rx To Combat Child Abuse., Toni Driver Saunders

St. Mary's Law Journal

Abstract Forthcoming.


Enhanced Punishment Under The Texas Hate Crimes Act: Politics, Panacea, Or Pathway To Hell., David Todd Smith Jan 1994

Enhanced Punishment Under The Texas Hate Crimes Act: Politics, Panacea, Or Pathway To Hell., David Todd Smith

St. Mary's Law Journal

Nearly without exception, modern legislatures have responded to the reprehensible nature and detrimental social effects of hate crime by enacting laws specifically designed to punish the offender’s discriminatory animus. The term “hate crime” describes criminal conduct which is motivated by the offender’s bias or prejudice against another cognizable group. Although the reprehensible nature of a hate crime is often apparent from the facts of any given case, the repercussions of these offenses exceed the ignoble character of any one specific act. Texas has now joined the ranks of these jurisdictions by adopting legal provisions which authorize heightened penalties upon a …


Nov. 29, 1993, Corresponence From Sr. Bank Staff, Re Potential Candidates For Wbp, Ibrd Nov 1993

Nov. 29, 1993, Corresponence From Sr. Bank Staff, Re Potential Candidates For Wbp, Ibrd

WBIP Creation Up To 1993

No abstract provided.


Nov. 1993, Eurodad, Third World Debt In The 1990s, Eurodad Nov 1993

Nov. 1993, Eurodad, Third World Debt In The 1990s, Eurodad

WBIP Creation Up To 1993

No abstract provided.


Sept. 24, 1993, Memo From L. Preston, Wb President To All Staff, Announcing Creation Of Wbip, Lewis T. Preston Sep 1993

Sept. 24, 1993, Memo From L. Preston, Wb President To All Staff, Announcing Creation Of Wbip, Lewis T. Preston

WBIP Creation Up To 1993

No abstract provided.


Sept 22 1993, Board Transcript, Establishment Inspection Panel, Ibrd Sep 1993

Sept 22 1993, Board Transcript, Establishment Inspection Panel, Ibrd

WBIP Creation Up To 1993

No abstract provided.


September 20, 1993 Ngo Memo Re Comments On The World Banks Draft Resolution For Creating An Independent Inspection Panel, Lori Udall, David Hunter, Jim Barnes, Chad Dobson Sep 1993

September 20, 1993 Ngo Memo Re Comments On The World Banks Draft Resolution For Creating An Independent Inspection Panel, Lori Udall, David Hunter, Jim Barnes, Chad Dobson

WBIP Creation Up To 1993

No abstract provided.


Sept. 20-24, 1993, D. Bradlow, Greater Public Accountability Will Improve Efficacy Of Mdbs, Daniel Bradlow Sep 1993

Sept. 20-24, 1993, D. Bradlow, Greater Public Accountability Will Improve Efficacy Of Mdbs, Daniel Bradlow

WBIP Creation Up To 1993

No abstract provided.


Fo, Pol'y Brief, Analysis Of Ifc Procedures And Policies Against Fy 95 Certification Requirements, Ifc Aug 1993

Fo, Pol'y Brief, Analysis Of Ifc Procedures And Policies Against Fy 95 Certification Requirements, Ifc

IFC E&S Performance Standards

No abstract provided.


Augst 27, 1993 Public Transcript Of Ibrd Ida Board Meeting On Panel Of August 27 1993, Ibrd Aug 1993

Augst 27, 1993 Public Transcript Of Ibrd Ida Board Meeting On Panel Of August 27 1993, Ibrd

WBIP Creation Up To 1993

No abstract provided.


August 26, 1993 Creating An Independent Appeals Commission At The World Bank, David Hunter, Lori Udall, Peter Bosshard Aug 1993

August 26, 1993 Creating An Independent Appeals Commission At The World Bank, David Hunter, Lori Udall, Peter Bosshard

WBIP Creation Up To 1993

No abstract provided.


August 26, 1993 Transcript Of Ibrd Idaboard Meeting On Panel Of-August-26-1993, Ibrd Aug 1993

August 26, 1993 Transcript Of Ibrd Idaboard Meeting On Panel Of-August-26-1993, Ibrd

WBIP Creation Up To 1993

No abstract provided.


Aug 6, 1993, Ibrd, Memo To Wb Board, Paper, Function And Operations Of An Inspection Function And August 5 Draft Resolution, The World Bank Aug 1993

Aug 6, 1993, Ibrd, Memo To Wb Board, Paper, Function And Operations Of An Inspection Function And August 5 Draft Resolution, The World Bank

WBIP Creation Up To 1993

This document includes the April 6 Board Paper prepared by IPR staff and entitled “Function and operations of an Inspection Function.” Also included with the Board Paper is the Draft Resolution dated August 6, prepared by the General Counsel Ibrahim Shihata. These documents were prepared for discussion at the August 26 Board meeting. These papers reflected Board comments made at the July 9 meeting on the June 10 options paper, Operations Inspection in the Bank: Issues and Options, In light of those comments, the cover memo highlights that in this version: The Objectives of, and rationale for, the inspection have …


Aug 6 1993, Ibrd, Board Paper, Function And Operations Of An Inspection Function, Ibrd Aug 1993

Aug 6 1993, Ibrd, Board Paper, Function And Operations Of An Inspection Function, Ibrd

WBIP Creation Up To 1993

No abstract provided.


Jul. 26, 1993, P. Bosshard, Letter To D. Hunter Re Wbip Meeting And Paper, Peter Bosshard Jul 1993

Jul. 26, 1993, P. Bosshard, Letter To D. Hunter Re Wbip Meeting And Paper, Peter Bosshard

WBIP Creation Up To 1993

No abstract provided.


Jul. 5 & 15, 1993, D. Bradlow, Wb Reforms & Improving The Wb Articles, Daniel Bradlow Jul 1993

Jul. 5 & 15, 1993, D. Bradlow, Wb Reforms & Improving The Wb Articles, Daniel Bradlow

WBIP Creation Up To 1993

No abstract provided.


Proof Of Attorney's Fees In Texas., Scott A. Brister Jan 1993

Proof Of Attorney's Fees In Texas., Scott A. Brister

St. Mary's Law Journal

In Texas, the complex and confusing rules defining proof of attorney’s fees require simplification. Texas, like many other states, follows the American Rule, meaning the plaintiff and defendant each pay their own attorney’s fees. The United States is the only common-law jurisdiction and virtually the only industrialized democracy following the American Rule. Two primary justifications support following the American Rule. First, the American Rule supports individuals seeking a judicial remedy by removing the obstacle of paying an opponent’s legal fees. Second, it reduces potential litigation, attendant time and expense that would be necessary to dispute legal fees if they were …


Use Of Excessive Physical Force Against An Inmate May Constitute Cruel And Unusual Punishment Even Though The Prisoner Does Not Suffer Significant Injury., Anthony A. Avey Jan 1993

Use Of Excessive Physical Force Against An Inmate May Constitute Cruel And Unusual Punishment Even Though The Prisoner Does Not Suffer Significant Injury., Anthony A. Avey

St. Mary's Law Journal

In Hudson v. McMillian, the Supreme Court held that use of excessive physical force against an inmate may constitute cruel and unusual punishment even though the prisoner does not suffer any significant injury. The Eighth Amendment has evolved significantly since its adoption in 1791, becoming a complex line of authority which over time expanded the rights of criminals and convicts. Recent cases have attempted to mold the varying Eight Amendment standards into a more cohesive legal doctrine. These efforts were meant to clarify the doctrine of cruel and unusual punishments; however, the divergent interpretations of these decisions rendered Eighth Amendment …


Summary Of The Convention Between The Government Of The United States Of America And The Government Of The United Mexican States For The Avoidance Of Double Taxation And The Prevention Of Fiscal Evasion With Respect To Taxes On Income., Raul S. Moreyra Jan 1993

Summary Of The Convention Between The Government Of The United States Of America And The Government Of The United Mexican States For The Avoidance Of Double Taxation And The Prevention Of Fiscal Evasion With Respect To Taxes On Income., Raul S. Moreyra

St. Mary's Law Journal

To prevent double taxation and income tax evasion, the Mexico and United States governments signed a convention in September 1992. The convention establishes when businesses may be subject to either United States or Mexico tax liabilities. Key to the application of the convention is the concept of permanent establishment. Permanent establishment is the designation given to a business situated in Mexico that transacts operations for a United States enterprise. This designation determines which nation, the United States or Mexico, will collect taxes from the business. If the business is a permanent establishment, the Mexican government will collect taxes. The types …


Tending The Bar In Texas: Alcoholism As A Mitigating Factor In Attorney Discipline., Patricia Sue Heil Jan 1993

Tending The Bar In Texas: Alcoholism As A Mitigating Factor In Attorney Discipline., Patricia Sue Heil

St. Mary's Law Journal

This Comment describes the nature and scope of alcoholism and chemical dependency in the legal profession. It reviews the current state of the law regarding alcoholism as a mitigating factor in attorney discipline. Addictive illnesses manifest themselves in ways which leave afflicted attorneys unable to practice law in accordance with professional rules of conduct. The majority of attorney-discipline cases involve alcoholism or chemical dependency. An attorney whose illness remains untreated will likely become the subject of grievance-committee investigations. For disciplinary cases involving alcoholism, a suggested analysis includes establishing a nexus between illness and misconduct. Additionally, it includes a causal connection …


Consent Decrees Resulting From Institutional-Reform Litigation May Be Modified Upon Showing A Significant Change In Law Or Fact And A Modification Appropriately Tailored To That Change., Christy J. Lindsay Jan 1993

Consent Decrees Resulting From Institutional-Reform Litigation May Be Modified Upon Showing A Significant Change In Law Or Fact And A Modification Appropriately Tailored To That Change., Christy J. Lindsay

St. Mary's Law Journal

In Rufo v. Inmates of Suffolk County Jail, the Court held that courts may modify consent decrees resulting from institutional reform litigation upon showing a significant change in law or fact and a modification appropriately tailored to that change. The case of Swift v. United States set a strict standard for modification of consent decrees, requiring movants to demonstrate extreme, unexpected hardship and oppression. However, there is a modem trend toward adopting a more flexible standard. The Court deems the “flexible test” as particularly appropriate in the case of the institutional reform consent decree because of its speculative, long-term nature. …


The New Agrarian Law - Mexico's Way Out., Adrianna De Aguinaga Jan 1993

The New Agrarian Law - Mexico's Way Out., Adrianna De Aguinaga

St. Mary's Law Journal

The New Agrarian Law was passed based on a Mexican consensus demanding a better way of life for millions of farmers. Because of low agricultural productivity by the ejido—land common to all the neighbors—and the difficulties for the ejidatarios—members of the ejido—to obtain credit, an armed insurrection resulted. Mexico was forced to find a solution by trying to redistribute the agrarian lands equitably through agrarian reform. Unlike prior amendments which proved inefficient, the New Agrarian Law is applicable to companies and to ejidos. The New Agrarian Law will permit higher productivity in the Mexican agricultural sector and will increase the …


Judges On Judging: A Bibliography., Shirley S. Abrahamson, Susan M. Fieber, Gabrielle Lessard Jan 1993

Judges On Judging: A Bibliography., Shirley S. Abrahamson, Susan M. Fieber, Gabrielle Lessard

St. Mary's Law Journal

Abstract Forthcoming.