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Articles 721 - 750 of 856
Full-Text Articles in Jurisprudence
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.
The Good Faith Exception To The Exclusionary Rule: The New Federalism And A Texas Proposal., Valerie L. Eiben
The Good Faith Exception To The Exclusionary Rule: The New Federalism And A Texas Proposal., Valerie L. Eiben
St. Mary's Law Journal
Abstract Forthcoming.
The Parent-Child Privilege: A Response To Calls For Adoption., David A. Schlueter
The Parent-Child Privilege: A Response To Calls For Adoption., David A. Schlueter
St. Mary's Law Journal
Abstract Forthcoming.
The Hague Evidence Convention: A Look At Its Provisions And Its Problems Comment., Georganne G. Gregory
The Hague Evidence Convention: A Look At Its Provisions And Its Problems Comment., Georganne G. Gregory
St. Mary's Law Journal
Abstract Forthcoming.
Shouting Incitement In The Courtroom: An Evolving Theory Of Civil Liability Comment., Michael P. Kopech
Shouting Incitement In The Courtroom: An Evolving Theory Of Civil Liability Comment., Michael P. Kopech
St. Mary's Law Journal
Civil incitement is an evolving theory, intended to ascribe liability to a publisher. Civil incitement charges that the contents of a publication proximately caused the plaintiff’s physical injury, thus holding publishers civilly liable for the physical consequences of their communications. However, the validity of civil incitement as an actionable tort clashes with the principles of freedom of speech and press embodied within the First Amendment. Incitement, as a successful cause of action, demands following the standards set out in Brandenburg v. Ohio. Prior attempts to hold publishers civilly liable for the physical consequences of their communications have rarely survived motions …
Civil Rights - Rehabilitation Act Of 1973 - Individual Affected With Contagious Disease Held Handicapped And Entitled To Protection Of Section 504 Recent Development., Michael E. Hilton
Civil Rights - Rehabilitation Act Of 1973 - Individual Affected With Contagious Disease Held Handicapped And Entitled To Protection Of Section 504 Recent Development., Michael E. Hilton
St. Mary's Law Journal
Abstract Forthcoming.
Service Member Recovery For Military Medical Malpractice Under The Federal Tort Claims Act: A Judicial Response Comment., Keith B. Sieczkowski
Service Member Recovery For Military Medical Malpractice Under The Federal Tort Claims Act: A Judicial Response Comment., Keith B. Sieczkowski
St. Mary's Law Journal
Abstract Forthcoming.
Criminal Procedure - Preventative Detention - Provision Of 1984 Bail Reform Act Permitting Pretrial Detention Of Arrestees Charged With Serious Felonies Who Are Found To Pose A Danger To The Community, Does Not, On Its Face, Violate Either The Fifth Amendment's Due Process Clause Or The Eighth Amendment's Prohibition Of Excessive Bail Recent Development., Gillian Anne Foley
St. Mary's Law Journal
Abstract Forthcoming.
Castleberry V. Branscum: A Divided Texas Supreme Court Increases Shareholder Liability For Corporate Contractual Obligations., Michael J. Shearn, Peter M. Koelling
Castleberry V. Branscum: A Divided Texas Supreme Court Increases Shareholder Liability For Corporate Contractual Obligations., Michael J. Shearn, Peter M. Koelling
St. Mary's Law Journal
Abstract Forthcoming.
Ad Valorem Taxation Litigation And Recent Changes To The Property Tax Code., Robert J. Myers
Ad Valorem Taxation Litigation And Recent Changes To The Property Tax Code., Robert J. Myers
St. Mary's Law Journal
Abstract Forthcoming.
New Wave Land Use Regulation: The Impact Of Impact Fees On Texas Lenders., Wm. Terry Bray, David S. Caudill, Jack E. Owen Jr.
New Wave Land Use Regulation: The Impact Of Impact Fees On Texas Lenders., Wm. Terry Bray, David S. Caudill, Jack E. Owen Jr.
St. Mary's Law Journal
Abstract Forthcoming.
Voting For Death: Lingering Doubts About The Constitutionality Of Texas' Capital Sentencing Procedure., Robert J. Clary
Voting For Death: Lingering Doubts About The Constitutionality Of Texas' Capital Sentencing Procedure., Robert J. Clary
St. Mary's Law Journal
Abstract Forthcoming.
Texas Statutory Notice Of Lis Pendens: A Deprivation Of Property Interest Without Due Process Comment., Herbert A. Janzen
Texas Statutory Notice Of Lis Pendens: A Deprivation Of Property Interest Without Due Process Comment., Herbert A. Janzen
St. Mary's Law Journal
Abstract Forthcoming.
Criminal Law - Search And Seizure - Closey-Regulated Industry Exception To Fourth Amendment's Warrant Requirement Expanded To Vehicle Dismantling Industry On Basis Of State Regulatory Statute Case Note., L. Eric Friedland
St. Mary's Law Journal
Abstract Forthcoming.
Real Property - Homestead - Covenant To Pay Assessments Enforced By Foreclosure Provision Is Superior To After-Acquired Homestead Exemption Case Note., Randy B. Warmbrodt
Real Property - Homestead - Covenant To Pay Assessments Enforced By Foreclosure Provision Is Superior To After-Acquired Homestead Exemption Case Note., Randy B. Warmbrodt
St. Mary's Law Journal
Abstract Forthcoming.
Civil Rights - Title Vii - Public Employer May Consider Gender To Promote Employee Without Violating Title Vii Of Civil Rights Act Of 1964 When Enforcing A Valid Affirmative Action Plan Case Note., Marianne Malouf
St. Mary's Law Journal
Abstract Forthcoming.
An Overview Of The Texas Bar Foundation Symposium On Cost Control At The Courthouse Held Semptember 30, 1987, Corpus Christi, Texas Recent Development., Mark P. Brewster, Mary Kathleen Finck, John P. Palmer
An Overview Of The Texas Bar Foundation Symposium On Cost Control At The Courthouse Held Semptember 30, 1987, Corpus Christi, Texas Recent Development., Mark P. Brewster, Mary Kathleen Finck, John P. Palmer
St. Mary's Law Journal
Abstract Forthcoming.
Thinking About Federal Jurisdiction - Of Serpents And Swallows., Thomas E. Baker
Thinking About Federal Jurisdiction - Of Serpents And Swallows., Thomas E. Baker
St. Mary's Law Journal
Abstract Forthcoming.
Texas' Interstate Water Compacts., Paul Elliott
Texas' Interstate Water Compacts., Paul Elliott
St. Mary's Law Journal
Abstract Forthcoming.
Take-Or-Pay Provisions: Major Problems For The Natural Gas Industry Comment., David L. Roland
Take-Or-Pay Provisions: Major Problems For The Natural Gas Industry Comment., David L. Roland
St. Mary's Law Journal
A prompt solution to the take-or-pay problem is vital to the survival of the natural gas industry. Due to the increasingly turbulent and unpredictable natural gas market, most natural gas producers include a take-or-pay provision in their gas purchase contracts. Take-or-pay provisions require a pipeline company to either take an amount of natural gas from the producer or the company must pay for the specified amount. The market, however, has changed and the demand for natural gas declined. The demand can be partly attributed to the energy crisis of a decade ago. As a result of the crisis, consumers are …
The Profession As A Moral Teacher Legal Essay., Thomas Shaffer
The Profession As A Moral Teacher Legal Essay., Thomas Shaffer
St. Mary's Law Journal
Abstract Forthcoming.
Article 38.071 Of The Texas Code Of Criminal Procedure: A Legislative Response To The Needs Of Children In The Courtroom Comment., Beth Mcallister
Article 38.071 Of The Texas Code Of Criminal Procedure: A Legislative Response To The Needs Of Children In The Courtroom Comment., Beth Mcallister
St. Mary's Law Journal
Abstract Forthcoming.
Racketeer Influenced And Corrupt Organizations Act (Rico) - Maintenance Of A Private Civil Rico Action Does Not Require A Showing That The Defendant Has Been Criminally Convicted Of The Predicate Acts Nor That The Plaintiff Has Sustained A Racketeering Injury Distinct From The Alleged Predicate Acts., Ruth E. Greenfield
St. Mary's Law Journal
Abstract Forthcoming.
Trial Court Jurisdiction And Control Over Judgments., David Peeples
Trial Court Jurisdiction And Control Over Judgments., David Peeples
St. Mary's Law Journal
Abstract Forthcoming.
The Continuing Voids In Texas Groundwater Law: Are Concepts And Terminology To Blame., Corwin W. Johnson
The Continuing Voids In Texas Groundwater Law: Are Concepts And Terminology To Blame., Corwin W. Johnson
St. Mary's Law Journal
Abstract Forthcoming.
Environmental Significance Of Instream Flows., James W. Johnston
Environmental Significance Of Instream Flows., James W. Johnston
St. Mary's Law Journal
Abstract Forthcoming.
Court-Sponsored Custody Mediation To Prevent Parental Kidnapping: A Disarmament Proposal Comment., Sue T. Bentch
Court-Sponsored Custody Mediation To Prevent Parental Kidnapping: A Disarmament Proposal Comment., Sue T. Bentch
St. Mary's Law Journal
Texas should implement a court-sponsored custody mediation plan to prevent parental kidnapping. Each day, hundreds of parents kidnap their own children. These kidnapped children are often the innocent victims of an escalating custody battle between parents. The magnitude of the parental kidnapping problem has forced Congress and the legislatures of the various states to address its possible solution. Congress and state legislatures implemented the Uniform Child Custody Jurisdiction Act, the Parental Kidnapping Prevention Act of 1980, state criminal laws, civil laws, and tort suits to address the problem. Unfortunately, these remedies only address the problem after the abduction has occurred. …
Ownership Of Developed Water: A Property Right Threatened., Frank R. Booth
Ownership Of Developed Water: A Property Right Threatened., Frank R. Booth
St. Mary's Law Journal
Abstract Forthcoming.