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State and Local Government Law

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Articles 1771 - 1800 of 2306

Full-Text Articles in Environmental Law

Judicial Rulemakers Held To Have Produced Federal Sentencing Guidelines Within Permissible Twilight Area In Which Branches Of Government Merge., Janis Hillman Jan 1989

Judicial Rulemakers Held To Have Produced Federal Sentencing Guidelines Within Permissible Twilight Area In Which Branches Of Government Merge., Janis Hillman

St. Mary's Law Journal

No abstract provided.


Asserting And Defending Claims Involving An Fslic Relationship., Joe Phillips Jan 1989

Asserting And Defending Claims Involving An Fslic Relationship., Joe Phillips

St. Mary's Law Journal

No abstract provided.


Fundamental Error When Rule Against Misjoinder Violated By Charging More Than One Non-Property Offense In Same Indictment Resulting In Multiple Convictions., Virginia Coyle Jan 1989

Fundamental Error When Rule Against Misjoinder Violated By Charging More Than One Non-Property Offense In Same Indictment Resulting In Multiple Convictions., Virginia Coyle

St. Mary's Law Journal

Abstract Forthcoming.


Statutory Claims For Unfair Insurance Settlement Practices - Vail V. Texas Farm Bureau Mutual Insurance Company., Joseph G. Chumlea Jan 1989

Statutory Claims For Unfair Insurance Settlement Practices - Vail V. Texas Farm Bureau Mutual Insurance Company., Joseph G. Chumlea

St. Mary's Law Journal

No abstract provided.


Warranties, Disclaimers, Limitation Of Remedies, And The Texas Deceptive Trade Practices Act., Thomas Black Jan 1989

Warranties, Disclaimers, Limitation Of Remedies, And The Texas Deceptive Trade Practices Act., Thomas Black

St. Mary's Law Journal

No abstract provided.


Private Cause Of Action For Unfair Insurance Claim Settlement Practices Exists Under Texas Deceptive Trade Practices Act And Insurance Code., Gloria F. Christmas Jan 1989

Private Cause Of Action For Unfair Insurance Claim Settlement Practices Exists Under Texas Deceptive Trade Practices Act And Insurance Code., Gloria F. Christmas

St. Mary's Law Journal

In Vail v. Texas Farm Bureau Mutual Insurance Company, the Texas Supreme Court held a private cause of action for unfair insurance claim settlement practices exists under the Texas Deceptive Trade Practices Act and Insurance Code (DTPA). The DTPA and Insurance Code have repeatedly been used against the insurance industry in the areas of first and third-party claims, particularly in cases involving sales misrepresentations and post-loss claims misconduct. The goal of DTPA is to provide adequate safeguards to aggrieved consumers and, therefore, a broad interpretation of the act allows the courts to provide consumers a remedy and deter the continuance …


Civil Rico: Overview On The Eve Of The 200th Anniversary Of The Federal Judiciary., Dan A. Naranjo, Edward L. Pina Jan 1989

Civil Rico: Overview On The Eve Of The 200th Anniversary Of The Federal Judiciary., Dan A. Naranjo, Edward L. Pina

St. Mary's Law Journal

Abstract Forthcoming.


University Of Richmond Law Review Jan 1989

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


$500,000 Cap On Non-Economic Damages For Medical Malpractice Inconsistent With Open Courts Guarantee In Texas Constitution., Kathryn Kase Jan 1989

$500,000 Cap On Non-Economic Damages For Medical Malpractice Inconsistent With Open Courts Guarantee In Texas Constitution., Kathryn Kase

St. Mary's Law Journal

Abstract Forthcoming.


Government Action Does Not Violate Free Exercise Clause Of First Amendment When It Neither Coerces Action Contrary To Religious Beliefs Nor Prohibits Access To Practice Those Beliefs, But Merely Imposes An Incidental Burden On Religious Practice., Joani S. Harrison Jan 1989

Government Action Does Not Violate Free Exercise Clause Of First Amendment When It Neither Coerces Action Contrary To Religious Beliefs Nor Prohibits Access To Practice Those Beliefs, But Merely Imposes An Incidental Burden On Religious Practice., Joani S. Harrison

St. Mary's Law Journal

Abstract Forthcoming.


Merger Doctrine No Defense To Deceptive Trade Practices Suit For Breach Of Express Warranty., Robert Carl Jones Jan 1989

Merger Doctrine No Defense To Deceptive Trade Practices Suit For Breach Of Express Warranty., Robert Carl Jones

St. Mary's Law Journal

No abstract provided.


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 Jan 1989

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.


Summary Judgments In Texas., David Hittner, Lynne Liberato Jan 1989

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 Jan 1989

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

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 Jan 1989

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 …


Groundwater Quality Protection: Setting A National Goal For State And Federal Programs, David H. Getches Jan 1989

Groundwater Quality Protection: Setting A National Goal For State And Federal Programs, David H. Getches

Publications

No abstract provided.


Texas Oil And Gas Leases Contain Separate And Distinct Implied Covenant To Further Explore After Lucrative Production., E. Joy Jackson Sparks Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

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.