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Articles 721 - 750 of 885
Full-Text Articles in Jurisprudence
Terminating The Guardianship: A New Role For State Courts., M. P. Duncan Iii
Terminating The Guardianship: A New Role For State Courts., M. P. Duncan Iii
St. Mary's Law Journal
Abstract Forthcoming.
Warrantless Arrest Jurisdiction In Texas: An Analysis And A Proposal., Gerald S. Reamey, J. Daniel Harkins
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. …
Settlement Of Disputes Within The Iea Oil Emergency Sharing System., Richard F. Scott
Settlement Of Disputes Within The Iea Oil Emergency Sharing System., Richard F. Scott
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
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.
The Conflict Between The Parental Kidnapping Prevention Act And The Extradition Act: Naming The Custodial Parent Both Legal Guardian And Fugitive Comment., Suzanne Y. Lepori
The Conflict Between The Parental Kidnapping Prevention Act And The Extradition Act: Naming The Custodial Parent Both Legal Guardian And Fugitive Comment., Suzanne Y. Lepori
St. Mary's Law Journal
Abstract Forthcoming.
Copyright Protection For Intellectual Property Rights To Recombinant Deoxyribonucleic Acid: A Proposal Comment., Donna Smith
Copyright Protection For Intellectual Property Rights To Recombinant Deoxyribonucleic Acid: A Proposal Comment., Donna Smith
St. Mary's Law Journal
Abstract Forthcoming.
Constitutional Law - First Amendment - School Officials Entitled To Regulate Contents Of School Sponsored Newspaper In Reasonable Manner Recent Development., Christopher Nielson Forbis
Constitutional Law - First Amendment - School Officials Entitled To Regulate Contents Of School Sponsored Newspaper In Reasonable Manner Recent Development., Christopher Nielson Forbis
St. Mary's Law Journal
Abstract Forthcoming.
Constitutional Law - First Amendment - Public Figures And Public Officials May Not Recover For Intentional Infliction Of Emotional Distress For Publication Of Ad Parody Absent A Showing That Publication Contained A False Statement Of Fact Made With Actual Malice Recent Development., Evelyn T. Ailts
St. Mary's Law Journal
Abstract Forthcoming.
Texas Civil Procedure - Bill Of Review - Meritorious Defense Requirement In Bill Of Review Proceeding To Vacate Default Judgment, Without Effective Service Of Process Or Propert Notice Of Default Judgment, And Resulting In Adverse Consequences, Violates The Fourteenth Amendment's Due Process Clause Recent Development., William B. Nash
St. Mary's Law Journal
Abstract Forthcoming.
Federal Taxation - Publicly Traded Partnerships Deemed Corporations For Federal Taxation Purposes: New Internal Revenue Code Section 7704 Recent Development., Edward D. Biggers
Federal Taxation - Publicly Traded Partnerships Deemed Corporations For Federal Taxation Purposes: New Internal Revenue Code Section 7704 Recent Development., Edward D. Biggers
St. Mary's Law Journal
Abstract Forthcoming.
Liability Of Parents For Conduct Of Their Child Under Section 33.01 Of The Texas Family Code: Defining The Requisite Standards Of Culpability., L. Wayne Scott
Liability Of Parents For Conduct Of Their Child Under Section 33.01 Of The Texas Family Code: Defining The Requisite Standards Of Culpability., L. Wayne Scott
St. Mary's Law Journal
Section 33.01 of the Texas Family Code uses archaic terms and needs to be updated to eliminate confusion. This section provides an expansive statutory avenue for recovering from the parent damages previously unavailable at common law for a child's acts. However, the extent of parental liability under both of the available statutory provisions—negligence and strict liability—is disputable. While section 33.01 currently uses the terms "willful" and "malicious," these terms should be excluded in favor of "intentional" and "grossly negligent conduct." In an age when tort liability is determined more from an insurance theory than a fault theory, section 33.01 of …
Deadlines And Extension Motions In Civil Appellate Litigation., Timothy Patton
Deadlines And Extension Motions In Civil Appellate Litigation., Timothy Patton
St. Mary's Law Journal
Abstract Forthcoming.
Scources Of Liberty In The Texas Bill Of Rights., Arvel (Rod) Ponton Iii
Scources Of Liberty In The Texas Bill Of Rights., Arvel (Rod) Ponton Iii
St. Mary's Law Journal
Many historical, economic, and philosophical forces have combined to create a uniquely “Texian” perspective on liberty that has heavily influenced the Texas Bill of Rights. The original Texas Bill of Rights was drafted in 1836, during the ascendancy of Jacksonian democracy, following the successful revolt from the military dictatorship of General Santa Anna. Texans had lived under Spanish civil law, Mexican constitutional law, a Mexican military dictatorship, English common law, and the Bill of Rights of the United States. The Texas Revolution, the fact that many Texans looked to American and English jurisprudence for guidance, the violation of many rights …
The Evolving Concept Of Preemption Removal: An Expansion Of Federal Jurisdiction., Scott Roberts
The Evolving Concept Of Preemption Removal: An Expansion Of Federal Jurisdiction., Scott Roberts
St. Mary's Law Journal
Federal jurisdiction based on preemption removal should extend to federal laws which meet the requirements of Franchise Tax Board v. Construction Laborers Vacation Trust and Metropolitan Life Insurance Company v. Taylor. The well-pleaded complaint rule restricts federal removal jurisdiction. The well-pleaded complaint rule requires a federal question appear on the face of the plaintiff’s complaint for federal jurisdiction to attach. Therefore, the defendant’s right to a federal forum depends upon whether the plaintiff chooses to invoke a federal claim in its complaint. Courts routinely criticize the linking of removal jurisdiction to the well-pleaded complaint rule for giving plaintiffs incentive to …
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
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.
Rule-Making In Texas: Clarifying The Judiciary's Power To Promulgate Rules Of Civil Procedure., Bruce L. Dean
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.
Bankruptcy Code Does Not Require Periodic Postpetition Payments To Undersecured Creditors For Interest On Value Of Collateral As Compensation For Delay Of Chapter 11 Reorganization Proceedings During Pendency Of Automatic Stay., Robert J. Ogle
St. Mary's Law Journal
Abstract Forthcoming.
In Suit By Contract Creditor, Corporate Entity May Be Disregarded Upon Showing Of Constructive Fraud When Entity Used As Sham To Perpetrate Fraud., Paul S. Leslie
St. Mary's Law Journal
Abstract Forthcoming.
Article I Of The Texas Rules Of Evidence And Articles I And Xi Of The Texas Rules Of Criminal Evidence: Applicability Of The Rules, Procedural Matters, And Preserving Error., Olin Guy Wellborn Iii
Article I Of The Texas Rules Of Evidence And Articles I And Xi Of The Texas Rules Of Criminal Evidence: Applicability Of The Rules, Procedural Matters, And Preserving Error., Olin Guy Wellborn Iii
St. Mary's Law Journal
Abstract Forthcoming.
Judicial Notice Under Article Ii Of The Texas Rules Of Evidence., Olin Guy Wellborn Iii
Judicial Notice Under Article Ii Of The Texas Rules Of Evidence., Olin Guy Wellborn Iii
St. Mary's Law Journal
Abstract Forthcoming.
Criminal Law - Right Of Confrontation - Admission Of Pre-Trial Videotaped Testimony Of Sexually Abused Child Pursuant To Article 38.071, Section 2, Texas Code Of Criminal Procedure Violates Right Of Confrontation And Due Process Case Note., Curtis L. Cukjati
St. Mary's Law Journal
Abstract Forthcoming.
Family Law - Overview Of Significant 1987 Legislation Passed In The 70th Session Of The Texas Legislature Recent Development., Patricia A. Foster
Family Law - Overview Of Significant 1987 Legislation Passed In The 70th Session Of The Texas Legislature Recent Development., Patricia A. Foster
St. Mary's Law Journal
Abstract Forthcoming.
Responding To Misrepresentations, Nondisclosures And Incorrect Assumptions About The Age Of The Accused: The Jurisdictional Boundary Between Juvenile And Criminal Courts In Texas., Robert O. Dawson
St. Mary's Law Journal
Abstract Forthcoming.
White Oil And Greenback Dollars: An Overview Of Controversies Surrounding Production Of Gas From The Panhandle Field Of Texas., Barron W. Dowling
White Oil And Greenback Dollars: An Overview Of Controversies Surrounding Production Of Gas From The Panhandle Field Of Texas., Barron W. Dowling
St. Mary's Law Journal
Abstract Forthcoming.
Civil Rights - Equal Protection - Race-Conscious Quotas Are Permissible Under The Equal Protection Clause Of The Fourteenth Amendment In Eliminating Discriminatory Promotional Policies Case Note., Iri I. Nathan
St. Mary's Law Journal
Abstract Forthcoming.
Procedural Rights And Remedies Under The Texas Property Tax Code - A Guide To The Code, Recent Amendments, And Developing Case Law., Farley P. Katz, Charles J. Muller Iii
Procedural Rights And Remedies Under The Texas Property Tax Code - A Guide To The Code, Recent Amendments, And Developing Case Law., Farley P. Katz, Charles J. Muller Iii
St. Mary's Law Journal
Abstract Forthcoming.
Rendering Unto Caeser: Legal Responses To Religious Nonconformity In The Armed Forces., Michael F. Noone Jr.
Rendering Unto Caeser: Legal Responses To Religious Nonconformity In The Armed Forces., Michael F. Noone Jr.
St. Mary's Law Journal
Abstract Forthcoming.
A New Tort For Texas: Breach Of The Duty Of Good Faith And Fair Dealing., Evelyn T. Ailts
A New Tort For Texas: Breach Of The Duty Of Good Faith And Fair Dealing., Evelyn T. Ailts
St. Mary's Law Journal
The concept of good faith and fair dealing as a general derivative contractual obligation remains unrecognized in Texas. However, in English v. Fischer the Texas Supreme Court recognized a duty of good faith and fair dealing exists in some contracts. Subsequent courts, including the Texas Supreme Court, have refused to apply a purely contractual obligation of good faith and fair dealing in every case. Instead, courts have recognized a good faith duty as arising out of “special” relationships of the contracting parties rather than being inherent in the contract itself. The courts focus on “special relationships” as a determinative of …
Interstate Banking And Branch Banking In Texas: An Overview Of The Constitutional And Statutory Provisions., Kimberly Cauthorn
Interstate Banking And Branch Banking In Texas: An Overview Of The Constitutional And Statutory Provisions., Kimberly Cauthorn
St. Mary's Law Journal
Abstract Forthcoming.
Fourth Amendment Does Not Prevent Police Officers From Donducting Inventory Search Of Closed Containers, Pursuant To Standard Police Procedures, Regardless Of Whether Less Intrusive Means Exist To Achieve Inventory's Purpose., Kathryn Jo Gilliam
St. Mary's Law Journal
Abstract Forthcoming.