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Articles 61 - 68 of 68
Full-Text Articles in Immigration Law
Standards Of Review In Texas., W. Wendell Hall
Standards Of Review In Texas., W. Wendell Hall
St. Mary's Law Journal
Abstract Forthcoming.
Breaking Bureaucratic Borders: A Necessary Step Toward Immigration Law Reform., Lenni B. Benson
Breaking Bureaucratic Borders: A Necessary Step Toward Immigration Law Reform., Lenni B. Benson
Articles & Chapters
No abstract provided.
Offering A Helping Hand: Legal Protections For Battered Immigrant Women: A History Of Legislative Responses , Leslye E. Orloff, Janice V. Kaguyutan
Offering A Helping Hand: Legal Protections For Battered Immigrant Women: A History Of Legislative Responses , Leslye E. Orloff, Janice V. Kaguyutan
American University Journal of Gender, Social Policy & the Law
No abstract provided.
In The Interest Of The Client: Why Reform Of Texas's Rules Regarding Referral Fees Is Necessary., Samuel V. Houston Iii
In The Interest Of The Client: Why Reform Of Texas's Rules Regarding Referral Fees Is Necessary., Samuel V. Houston Iii
St. Mary's Law Journal
Texas needs to reform its policy concerning referral fees. In Texas, an attorney is permitted to receive a fee for providing a referral to another attorney. In Brewer & Pritchard, P.C. v. Johnson, for example, the forwarding attorney received a referral fee for $3 million dollars. Proponents of referral fees argue that clients are better represented because referring attorneys have a greater economic incentive to seek out more capable attorneys. On the other hand, referring attorneys may also have the incentive to seek out attorneys who pay higher referral fees rather than those most qualified. In the end, the referred …
Kulturkampf In The Backwaters: Homosexuality And Immigration Law, Michael A. Scaperlanda
Kulturkampf In The Backwaters: Homosexuality And Immigration Law, Michael A. Scaperlanda
Faculty Articles
No abstract provided.
Doctrine Of Equivalents: Is Festo The Right Decision For The Biomedical Industry., Faith S. Fillman
Doctrine Of Equivalents: Is Festo The Right Decision For The Biomedical Industry., Faith S. Fillman
St. Mary's Law Journal
The doctrine of equivalents, which Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. threatens to overturn, is an equitable doctrine and should therefore provide patentees and competitors equal and fair protection. Prior to Festo, the Federal Circuit used two approaches: the complete bar rule and the flexible bar rule. Under the complete bar rule, the author must completely copy the patented art for infringement to occur, this is otherwise known as literal infringement. In contrast, under the flexible bar rule, infringement can occur if the product is closely related to the prior art. Federal Circuits have officially adopted the complete …
Privacy And The Post-September 11 Immigration Detainees: The Wrong Way To A Right (And Other Wrongs), Sadiq Reza
Privacy And The Post-September 11 Immigration Detainees: The Wrong Way To A Right (And Other Wrongs), Sadiq Reza
Articles & Chapters
No abstract provided.
Powers Inherent In Sovereignty: Indians, Aliens, Territories, And The Nineteenth Century Origins Of Plenary Power Over Foreign Affairs, Sarah H. Cleveland
Powers Inherent In Sovereignty: Indians, Aliens, Territories, And The Nineteenth Century Origins Of Plenary Power Over Foreign Affairs, Sarah H. Cleveland
Faculty Scholarship
Does the United States have powers inherent in sovereignty? At least since the 1819 decision in McCulloch v. Maryland, conventional wisdom has held that national government is one of limited, enumerated powers and exercises “only the powers granted to it” by the Constitution and those implied powers “necessary and proper” to the exercise of the delegated powers. All powers not delegated to the federal government are reserved to the states and to the people. In the 1936 decision in United States v. Curtiss-Wright Export Corp., however, the Supreme Court asserted that federal authority over foreign relations operated independently …