Environmental Law Commons^™

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 …

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.

Toxic Waste: Who Pays The Piper - A Private Party's Federal And Texas Rights To Recovery Of Voluntary Cleanup Costs Of Toxic Waste., Barbara Hanson Nellermoe

St. Mary's Law Journal

Abstract Forthcoming.

In Pari Delicto Defense May Bar Recovery In Section 12(1) Action Under Securities Act Of 1933., G. Barton Chucker

St. Mary's Law Journal

Abstract Forthcoming.

A Consumer Update: Recent Developments Under The Texas Deceptive Trade Practices Act., Richard M. Alderman, Melanie P. Rosenthal

St. Mary's Law Journal

No abstract provided.

Aspects Of Defending A Texas Deceptive Trade Practices - Consumer Protection Act Claim., Andy A. Tschoepe Ii, Stanley E. Crawford Jr., David Jed Williams

St. Mary's Law Journal

No abstract provided.

Document Destruction In Business Litigation From A Practitioner's Point-Of-View: The Ethical Rules Vs. Practical Realities., Ricardo G. Cedillo, David Lopez

St. Mary's Law Journal

No abstract provided.

An Understanding Of Damages Recoverable Under The Dtpa., Deborah J. Bullion

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.

Judiciary's Inherent Power To Compel Funding: A Tale Of Heating Stoves And Air Conditioners., Ted Z. Robertson, Christa Brown

St. Mary's Law Journal

No abstract provided.

Can Shakespeare Make You A Partner., Michael L. Richmond

St. Mary's Law Journal

No abstract provided.

The Health Care Quality Improvement Act Of 1986: A Proposal For Interpretation Of Its Protection., Louise M. Joy

St. Mary's Law Journal

No abstract provided.

Causes Of Action Stemming From Federal Government's Negligence In Implementing Mandatory Regulations Or Statutes Are Not Barred By Discretionary Function Exception Of Federal Tort Claims Act., Irl I. Nathan

St. Mary's Law Journal

No abstract provided.

Foreword., Barbara Bader Aldave

St. Mary's Law Journal

Abstract Forthcoming.

Address., William H. Rehnquist

St. Mary's Law Journal

Abstract Forthcoming.

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

St. Mary's Law Journal

Abstract Forthcoming.

Improper Use Of Removal And Its Disruptive Effect On State Court Proceedings: A Call To Reform 28 U.S.C. 1446., Ellen Bloomer Mitchell

St. Mary's Law Journal

Abstract Forthcoming.

Technology Transfers: What If The Other Party Files Bankruptcy., Ann Livingston, Leif M. Clark

St. Mary's Law Journal

Abstract Forthcoming.

The New Texas Business Corporation Act Merger Provisions., Curtis W. Huff

St. Mary's Law Journal

Abstract Forthcoming.

Interference With Prospective Civil Litigation By Spollation Of Evidence: Should Texas Adopt A New Tort., Philip A. Lionberger

St. Mary's Law Journal

Texas courts should adopt a tort for spoliation of evidence. Spoliation of evidence is the tampering with, interference with, loss of, or destruction of evidence. Spoliation of evidence is a serious legal problem because it increases a litigant’s difficulty in proving a cause of action or a defense. Evidence destruction may also increase litigation costs and cause the trial court to make factfinding errors. Texas courts should adopt the tort of spoliation of evidence because it compensates injured litigants and deters future acts of spoliation. Another reason for adopting the tort for spoliation of evidence is the inadequacy of alternative …

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,” …

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 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.

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.

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. …

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.

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.