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Articles 931 - 960 of 1188
Full-Text Articles in Jurisprudence
Government Regulations Authorizing M.Andatory Alcohol And Drug Testing Of Private Railroad Employees On Less Than Individualized Suspicion To Enhance Safety Are Constitutional, Keith Dorsett
St. Mary's Law Journal
No abstract provided.
Dedication., James P. White
The Stagnation Of Texas Ground Water Law: A Political V. Environmental Stalemate., Karen H. Norris
The Stagnation Of Texas Ground Water Law: A Political V. Environmental Stalemate., Karen H. Norris
St. Mary's Law Journal
The rapidly increasing Texas population coupled with the scarcity of water resources has created an urgent need for regulation of ground water pumpage. The extraction of ground water in Texas remains largely unregulated. Texas landowners, by virtue of their surface ownership, have property rights in all underlying ground water. As such, Texas landowners have the right to unlimited pumpage of the ground water beneath their land. Texas landowners have jealously guarded this right at the expense of our environment and future water resources. The Texas legislature created conservative underground water districts to help preserve water resources. However, the limited scope …
Dedication., Editorial Board St. Mary's School Of Law
Dedication., Editorial Board St. Mary's School Of Law
St. Mary's Law Journal
Abstract Forthcoming.
Prenatal V. Parental Rights: What A Difference An A Makes., Ali Gallagher
Prenatal V. Parental Rights: What A Difference An A Makes., Ali Gallagher
St. Mary's Law Journal
No abstract provided.
Protecting The Fetus From Maternal Drug And Alcohol Abuse: A Proposal For Texas., Tom Rickhoff, Curtis L. Cukjati
Protecting The Fetus From Maternal Drug And Alcohol Abuse: A Proposal For Texas., Tom Rickhoff, Curtis L. Cukjati
St. Mary's Law Journal
No abstract provided.
You Should See Your Irs File: Access To Irs Information - What Are A Taxpayer's Rights., Richard J. Wood
You Should See Your Irs File: Access To Irs Information - What Are A Taxpayer's Rights., Richard J. Wood
St. Mary's Law Journal
No abstract provided.
Estate Planning For The Non-Taxable Estate., Mcken V. Carrington
Estate Planning For The Non-Taxable Estate., Mcken V. Carrington
St. Mary's Law Journal
No abstract provided.
Lust - Deep In The Heart Of Texas: Federal Epa Regulations Affecting Underground Storage Tanks - The Texas Statutory And Regulatory Counterparts., Blaine D. Edwards
Lust - Deep In The Heart Of Texas: Federal Epa Regulations Affecting Underground Storage Tanks - The Texas Statutory And Regulatory Counterparts., Blaine D. Edwards
St. Mary's Law Journal
No abstract provided.
42 U.S.C. 1981 Does Not Provide A Remedy For Racial Harassment During Employment., Jeffrey A. Lacy
42 U.S.C. 1981 Does Not Provide A Remedy For Racial Harassment During Employment., Jeffrey A. Lacy
St. Mary's Law Journal
In Patterson v. McLean Credit Union, the United States Supreme Court held 42 U.S.C. § 1981 does not provide a remedy for racial harassment during employment. In 1976, in Runyon v. McCrary, the Court expanded the scope of § 1981 to cover private discrimination in contractual settings, including racial discrimination in private schools, when previously unavailable. More than a decade after the Runyon decision, the Supreme Court in Patterson, established that there were limits to § 1981’s applicability in private racial discrimination claims. Specifically, the Court held while § 1981 prohibits discriminatory conduct while entering into or enforcing a contract, …
Recognizing An Implied Warranty That Professional Services Will Be Performed In A Good And Workmanlike Manner., Mark L. Kincaid
Recognizing An Implied Warranty That Professional Services Will Be Performed In A Good And Workmanlike Manner., Mark L. Kincaid
St. Mary's Law Journal
Although the Court received a deluge of amicus curiae briefs after its initial ruling in Melody Home ushering the Court to reevaluate the consequences of its decision, there is no sound basis for excluding professional services from the implied warranty recognized by the Texas Supreme Court that services will be performed in a good and workmanlike manner. The issue of what is properly considered a “professional” service or what definition is to be applied to distinguish “non-professional” and “professional” services if the latter were to be excluded from the implied warranty. Instead of differentiating between “non-professional” and “professional” services in …
1989 Texas Dtpa Reform: Closing The Dtpa Loophole In The 1987 Tort Reform Laws And The Ongoing Quest For Fairer Dtpa Laws., John T. Montford, Will G. Barber, Robert L. Duncan
1989 Texas Dtpa Reform: Closing The Dtpa Loophole In The 1987 Tort Reform Laws And The Ongoing Quest For Fairer Dtpa Laws., John T. Montford, Will G. Barber, Robert L. Duncan
St. Mary's Law Journal
Abstract Forthcoming.
Texas Disciplinary Rules Of Professional Conduct: Additional Liability For Texas Lawyers., Xavier G. Medina, Virginia Coyle
Texas Disciplinary Rules Of Professional Conduct: Additional Liability For Texas Lawyers., Xavier G. Medina, Virginia Coyle
St. Mary's Law Journal
As a result of the enactment of the Texas Disciplinary Rules of Professional Conduct (“Rules”), Texas lawyer no longer practice under guidelines which include aspirational goals and discretionary moral choices. The Rules are mandatory in nature and depict a minimum standard of professional conduct which, if violated, could subject the offending lawyer to disciplinary action. Although the Rules provide a disclaimer stating that they “do not undertake to define standards of civil liability of lawyers for professional conduct,” Texas lawyers fear the Rules will be utilized as an independent basis for liability, or a standard of care for malpractice. The …
Dedication., Ernest A. Raba
Dedication., Jack Pope
Dedication., Sam S. Crutchfield
The Original Intent Of The Education Article Of The Texas Constitution., Mikal Watts, Brad Rockwell
The Original Intent Of The Education Article Of The Texas Constitution., Mikal Watts, Brad Rockwell
St. Mary's Law Journal
Abstract Forthcoming.
Commanding Respect: Criminal Sanctions For Environmental Crimes., Eva M. Fromm
Commanding Respect: Criminal Sanctions For Environmental Crimes., Eva M. Fromm
St. Mary's Law Journal
Abstract Forthcoming.
Raborn V. Davis - Paycheck In Employee's Possession: A Limitation Of The Current Wage Exemption In Texas., Richard E. Flint
Raborn V. Davis - Paycheck In Employee's Possession: A Limitation Of The Current Wage Exemption In Texas., Richard E. Flint
St. Mary's Law Journal
Extensions of credit generally help both the debtor and creditor. However, a result of our credit-based economy is that individuals are free to make poor economic decisions, and that they should suffer the consequences of these poor decisions. Although legal rules have had a role in ensuring that debtors are protected from overzealous creditors, commercial transactions can only exist if obligations of debtors are legally enforceable. The role of government, therefore, is to set parameters for procedures to enforce these obligations, while also setting a floor of protected or exempt assets so that debtors will not become wards of the …
Standards Of Appellate Review In Civil Appeals., W. Wendell Hall
Standards Of Appellate Review In Civil Appeals., W. Wendell Hall
St. Mary's Law Journal
Abstract Forthcoming.
The Whole Truth Or Nothing But The Truth - Should Attorneys Who Advertise Be Required To Disclose Prior Disciplinary Actions Taken Against Them., Sara Murray
St. Mary's Law Journal
A state should not require attorneys who advertise to disclose all prior disciplinary actions in their advertisements. Attorney advertising, like other forms of commercial speech, is not immune to state regulation. The American public deserves access to accurate information about legal services, and lawyers have a duty to provide such information. However, attorneys and all other citizens have a constitutional right not to speak. A state must balance the competing interests carefully when the public’s right to know clashes with an individual’s right not to speak. There are several arguments against requiring attorneys to disclose all prior disciplinary actions in …
Current Procedures For Performing Meaningful Discussions In Federal Negotiated Procurements Are Uneconomical, Inefficient, And Ineffective - A Proposal For Improvement., Howard L. Speight
Current Procedures For Performing Meaningful Discussions In Federal Negotiated Procurements Are Uneconomical, Inefficient, And Ineffective - A Proposal For Improvement., Howard L. Speight
St. Mary's Law Journal
Abstract Forthcoming.
Texas' New Trademark Antidilution Statute - Useful Or Useless New Protection For Texas Trademarks., Richard Taylor
Texas' New Trademark Antidilution Statute - Useful Or Useless New Protection For Texas Trademarks., Richard Taylor
St. Mary's Law Journal
Texas courts must set forth clear and concise guidelines for trademark antidilution enforcement. The adoption of a trademark antidilution statute substantially alters Texas trademark law. The statute allows a trademark owner to enjoin acts which dilute a registered or common law trademark’s distinctive quality. It applies whether competition exists between the parties or a likelihood of confusion exists as to the owner of the mark. The statute adds a new dimension to trademark protection in Texas because it creates a property interest in the trademark. As promising as these protections sound, the new antidilution statute may prove ineffective due to …
Nonparties To Employment Discrimination Consent Decrees May Attack, In A Collateral Lawsuit, Decisions Made Pursuant To The Decrees., Michael T. Larkin
Nonparties To Employment Discrimination Consent Decrees May Attack, In A Collateral Lawsuit, Decisions Made Pursuant To The Decrees., Michael T. Larkin
St. Mary's Law Journal
In Martin v. Wilks, the United States Supreme Court held nonparties to employment discrimination consent decrees may attack, in a collateral lawsuit, decisions made pursuant to the decrees. A consent decree is a voluntary judgment between parties which facilitates settlement of litigation by providing one party with equitable relief. Courts retain jurisdiction over parties to a consent decree, and they can issue contempt orders to parties violating the terms of the decree. Unlike judgments, the parties cannot challenge the consent decrees, except in limited circumstances. Recently, federal courts have widened the scope of preclusion law by defining the term “claim” …
Employer's Burden Of Rebutting Prima Facie Case Under Disparate Impact Theory Is One Of Production While Ultimate Burden Of Persuasion Remains With Complainant., Erik R. Sunde
St. Mary's Law Journal
Abstract Forthcoming.
Justice Franklin Spears Dedication., Thomas R. Phillips
Justice Franklin Spears Dedication., Thomas R. Phillips
St. Mary's Law Journal
No abstract provided.
Limitation Of Liability Of Limited Partners While Affording Control Of Partnership Affairs To Limited Partners., Kenneth L. Bennight Jr., Troy (Trey) S. Martin Iii
Limitation Of Liability Of Limited Partners While Affording Control Of Partnership Affairs To Limited Partners., Kenneth L. Bennight Jr., Troy (Trey) S. Martin Iii
St. Mary's Law Journal
This article examines the liability provisions of the Texas Revised Act Section 3.03 and compares it with other uniform limited partnership acts. It attempts to ascertain the amount of control a limited partner can exercise over the partnership without risking unlimited liability as a general partner. Limited partners invest capital and share in the profits of the business, but their liability is limited to the amount of capital they invest. If the limited partners exercise control over the business, however, the limited partners may forfeit their limited liability and become liable as general partners. In the last century, the law …
What Price Innocence - A Realistic View Of The Innocent Landowner Defense Under Cercla., Debra L. Baker, Theodore G. Baroody
What Price Innocence - A Realistic View Of The Innocent Landowner Defense Under Cercla., Debra L. Baker, Theodore G. Baroody
St. Mary's Law Journal
Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to provide the federal government and the states with authority to clean up hazardous waste sites. This article discusses the significance of the so-called “innocent landowner defense” under CERCLA. This Act imposed liability on landowners regardless of the landowner’s contribution to, or awareness of, the presence of hazardous substances on their acquired property. The exceedingly, and apparently unintentionally, harsh impact of CERCLA liability soon became apparent. This article addresses a brief summary of the statute and the manner in which the innocent landowner defense came into existence. …
Is Lemon A Lemon - Crosscurrents In Contemporary Establishment Clause Jurisprudence., Stuart W. Bowen Jr.
Is Lemon A Lemon - Crosscurrents In Contemporary Establishment Clause Jurisprudence., Stuart W. Bowen Jr.
St. Mary's Law Journal
No abstract provided.