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Articles 61 - 90 of 166
Full-Text Articles in Jurisprudence
After Mallard V. United States: The Federal Courts' Inherent Power To Appoint Representation For Indigent Civil Litigants, Laura B. Hardwicke
After Mallard V. United States: The Federal Courts' Inherent Power To Appoint Representation For Indigent Civil Litigants, Laura B. Hardwicke
Loyola University Chicago Law Journal
No abstract provided.
On Trial: Explorations, George Anastaplo
On Trial: Explorations, George Anastaplo
Loyola University Chicago Law Journal
No abstract provided.
Re-Examining Hearsay Under The Federal Rules: Some Method For The Madness, Paul S. Milich
Re-Examining Hearsay Under The Federal Rules: Some Method For The Madness, Paul S. Milich
Faculty Publications By Year
No abstract provided.
Rehnquist Or Rorty?, Carl W. Tobias
Rehnquist Or Rorty?, Carl W. Tobias
Law Faculty Publications
A postmodern response to Gene Shreve, Eighteen Feet of Clay: Thoughts on Phantom Rule 4(m), 67 Ind. L.J. 85 (1991).
Feminist Jurisprudence, Christina B. Whitman
Feminist Jurisprudence, Christina B. Whitman
Book Chapters
In the 1970s feminist legal theory furthered feminist legal practice. Feminist lawyers saw themselves as advocates of ''women's rights," interested in winning legal victories in particular cases. Because their attention was focused on reform through legislation or litigation, the theory they developed was deliberately, if uncritically, grounded in what would be persuasive to those who held power in government institutions. They built directly upon the precedent made in race cases, precedent which assumed that the appropriate goal for social change was equality and defined equality as the similar treatment of similarly situated individuals. The key to the early legal victories …
Social Infrastructure Needs Of The Maquiladora Industry: A Proposal For United States Corporate Contributions., Rodolfo Villalobos, Bruce B. Barshop
Social Infrastructure Needs Of The Maquiladora Industry: A Proposal For United States Corporate Contributions., Rodolfo Villalobos, Bruce B. Barshop
St. Mary's Law Journal
Abstract Forthcoming.
Why The United States Should Adopt The First-To-File System For Patents., Bernarr R. Pravel
Why The United States Should Adopt The First-To-File System For Patents., Bernarr R. Pravel
St. Mary's Law Journal
Abstract Forthcoming.
Alamo Lumber And Texas Usury Law: Playing With Fire In The Usury Forest., Terry W. Wright, W. Alan Wright, Scott G. Night
Alamo Lumber And Texas Usury Law: Playing With Fire In The Usury Forest., Terry W. Wright, W. Alan Wright, Scott G. Night
St. Mary's Law Journal
The effect of Alamo Lumber Co. v. Gold, and later cases interpreting third party assumption of debt as interest can be perilous to lenders. Lenders are in the business of offering loans to make money. Lenders achieve profit maximization by charging as much interest as possible in the market. Although economic and market factors are always considerations in a lender’s business, in Texas, lenders must also consider harsh usury laws that restrain the maximum amount of chargeable loan interest. Texas defines interest broadly. Statutes define interest as the receipt of compensation for the detention, forbearance or use of money. The …
Review Of Honorable Justice: The Life Of Oliver Wendell Holmes By Sheldon Novick., Michael S. Ariens
Review Of Honorable Justice: The Life Of Oliver Wendell Holmes By Sheldon Novick., Michael S. Ariens
St. Mary's Law Journal
Abstract Forthcoming.
"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers
"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers
Law Faculty Scholarly Articles
Possibly the most unsettling phenomenon in the Supreme Court's 1988 term was Justice White's decision to vote contrary to his own exhaustively stated reasoning in Pennsylvania v. Union Gas Co. His unexplained decision to vote against the result of his own analysis lends support to those who argue that law, or at least constitutional law, is fundamentally indeterminate. Proponents of the indeterminacy argument sometimes base their position on the allegedly inescapable inconsistency of decisions made by a multi-member court. There is an answer to the inconsistency argument, but it founders if justices sometimes vote, without explanation, on the basis of …
Testimony Of Ambassador Carla A. Hills, United States Trade Representative, Before The Subcommittee On Trade, Committee On Ways And Means, U.S. House Of Representatives, June 14, 1990., Editorial Board St. Mary's School Of Law
Testimony Of Ambassador Carla A. Hills, United States Trade Representative, Before The Subcommittee On Trade, Committee On Ways And Means, U.S. House Of Representatives, June 14, 1990., Editorial Board St. Mary's School Of Law
St. Mary's Law Journal
Abstract Forthcoming.
Ethics And Due Diligence: A Lawyer's Perspective On Doing Business With Mexico., Rona R. Mears
Ethics And Due Diligence: A Lawyer's Perspective On Doing Business With Mexico., Rona R. Mears
St. Mary's Law Journal
The focus of this study is to survey ethical issues faced by legal practitioners in providing legal counsel for international business transactions, with special attention to lawyers counseling clients who are doing business with Mexico. This paper is intended for lawyers who practice in the United States (U.S.), involved in counseling clients outside the U.S. The purpose of this study is to highlight only those issues that raise special difficulties for such a practitioner, and then to provide practical advice on how to avoid ethical problems in U.S.-Mexico transactions. The Model Rules of Professional Conduct (MPRC), the International Code of …
Salinastroika: Recent Developments In Technology Transfer Law In Mexico., Mark O'C. O'Brien, Carlos R.V. Muggenburg
Salinastroika: Recent Developments In Technology Transfer Law In Mexico., Mark O'C. O'Brien, Carlos R.V. Muggenburg
St. Mary's Law Journal
Abstract Forthcoming.
Binding Arbitration: A Preferred Alternative For Resolving Commercial Disputes Between Mexican And U.S. Businessmen., Hope H. Camp Jr.
Binding Arbitration: A Preferred Alternative For Resolving Commercial Disputes Between Mexican And U.S. Businessmen., Hope H. Camp Jr.
St. Mary's Law Journal
Abstract Forthcoming.
The Empire Strikes Back., E. Joshua Rosenkranz
The Empire Strikes Back., E. Joshua Rosenkranz
St. Mary's Law Journal
Abstract Forthcoming.
Giving The Gift Of Life: A Survey Of Texas Law Facilitating Organ Donation., Eric C. Sutton
Giving The Gift Of Life: A Survey Of Texas Law Facilitating Organ Donation., Eric C. Sutton
St. Mary's Law Journal
Abstract Forthcoming.
In Sharp Contrast To The Past: The Demise Of The Per Se Rule Against Vertical Price Fixing., Christopher J. Pettit
In Sharp Contrast To The Past: The Demise Of The Per Se Rule Against Vertical Price Fixing., Christopher J. Pettit
St. Mary's Law Journal
Actions by the Department of Justice and the Supreme Court lessening vertical pricing protections under the Sherman Antitrust Act require Congressional intervention. By enacting the Sherman Antitrust Act, Congress intended agreements fixing vertical prices or having the ultimate effect of fixing vertical prices at any level be illegal per se. Vertical pricing agreements set, maintain, stabilize, raise, or depress prices of goods or services among the different levels of the product distribution chain. The Department of Justice (DOJ) has taken positive steps in limiting the per se rule of illegality by failing to pursue allegations of vertical price fixing and …
Erisa Preempts All Texas Causes Of Action That Relate To An Employee Benefit Plan Including The Insurance Code, The Deceptive Trade Practices Act And Common Law., Brent Biggs
St. Mary's Law Journal
Abstract Forthcoming.
Incurable, Reversible Error Occurs Whenever The Jury Feels Animus Toward Or Solidarity With Witnesses Or Litigants Because Of Ethnicity Or Race Due To An Attorney's Suggestions Made During Closing Argument, No Matter How Open Or Subtle And With Finesse Those Suggestions May Be., Glenn D. Levy
St. Mary's Law Journal
Abstract Forthcoming.
Introduction Of Thomas Buergenthal Address - Introduction., Barbara Bader Aldave
Introduction Of Thomas Buergenthal Address - Introduction., Barbara Bader Aldave
St. Mary's Law Journal
Abstract Forthcoming.
The Human Rights Revolution Address., Thomas Buergenthal
The Human Rights Revolution Address., Thomas Buergenthal
St. Mary's Law Journal
Abstract Forthcoming.
Preserving Error On Appeal In Texas Civil Cases: A Practical Guide For Civil Appeals In Texas Article Foreword., John Cornyn Iii
Preserving Error On Appeal In Texas Civil Cases: A Practical Guide For Civil Appeals In Texas Article Foreword., John Cornyn Iii
St. Mary's Law Journal
Abstract Forthcoming.
Preserving Error On Appeal In Texas Civil Cases: A Practical Guide For Civil Appeals In Texas., John Hill Cayce Jr.
Preserving Error On Appeal In Texas Civil Cases: A Practical Guide For Civil Appeals In Texas., John Hill Cayce Jr.
St. Mary's Law Journal
Fatal procedural errors can prevent appellees from preserving judgements and appellants from seeking review of court decisions on appeal. This article is a practical guide identifying critical concepts necessary to preserve the various rights of appeal. By examining the Texas Rules of Appellate Procedure, the author identifies procedural pitfalls attorneys may face when attempting to preserve appeals to the Texas Supreme Court or the appellate courts of Texas. Although the Texas Supreme Court has endeavored to eliminate procedural traps from civil appeals, a significant number of requests for appeal fail because lawyers do not follow the requirements necessary to preserve …
Educational Choice Legislation After Edgewood V. Kirby: A Proposal For Clearing The Sectarian Hurdle., C. Lee Cusenbary Jr.
Educational Choice Legislation After Edgewood V. Kirby: A Proposal For Clearing The Sectarian Hurdle., C. Lee Cusenbary Jr.
St. Mary's Law Journal
States can reform the ineffective educational system by adopting a free educational choice system. A free educational choice system would reimburse parents of educational expenditures through a voucher or tax deduction and will give parents the freedom to select the school their child attends. While free choice may present a viable solution for educational reform, one major obstacle is the possibility free choice would violate the Establishment Clause of the First Amendment by providing aid to sectarian schools. A free educational choice legislation will be subject to review under the Lemon v. Kurtzman test to determine if the financial aid …
Texas Fetal Rights: Is There A Future For The Rights Of Future Texans., S. Jeffrey Gately
Texas Fetal Rights: Is There A Future For The Rights Of Future Texans., S. Jeffrey Gately
St. Mary's Law Journal
In Texas, contrary interpretations, whether a fetus is a person or non-person, create unpredictable and irreconcilable outcomes. The author contrasts the differences found in Texas law regarding the rights of unborn children in the areas of property, family, criminal, and tort law. At conception, a fetus enjoys property rights. However, under the auspices of family law, a mother may not collect child support until birth but may seek contribution for prenatal care prior to birth. Criminal protection of a fetus is unavailable in Texas unless the fetus is born alive. If criminal activity results in still birth or fetal destruction, …
The Court Of Criminal Appeals Versus The Constitution: The Conclusivity Question., Susan Bleil, Charles Bleil
The Court Of Criminal Appeals Versus The Constitution: The Conclusivity Question., Susan Bleil, Charles Bleil
St. Mary's Law Journal
This Article examines the Texas Constitution’s grant of authority to appellate courts to review questions of fact and the Texas Supreme Court’s treatment of that authority. It then contrasts that treatment with the contrary position taken by the Texas Court of Criminal Appeals since 1981. It also examines the sentiments of the courts of appeals themselves. The analysis of the decisions demonstrates the highest courts of Texas do not uniformly view the constitutional provision in question. It also shows resulting confusion and dissatisfaction. The Court of Criminal Appeals needs a better, more logical approach in interpreting the Texas constitution. Also …
Postscript: In Budget Disputes Between Elected State Officials, Will The Rule Of Law Prevail., Gregory E. Maggs
Postscript: In Budget Disputes Between Elected State Officials, Will The Rule Of Law Prevail., Gregory E. Maggs
St. Mary's Law Journal
Abstract Forthcoming.
Rights, Communities, And Tradition, Brian Slattery
Rights, Communities, And Tradition, Brian Slattery
Articles & Book Chapters
This paper argues that there is a close connection between basic human rights and communal bonds. It criticizes the philosophical views of Alan Gewirth and Alasdair MacIntyre, which in differing ways deny this connection.
Toward Freer Trade And More Commerce Between The United States And Mexico., Barbara Bader Aldave
Toward Freer Trade And More Commerce Between The United States And Mexico., Barbara Bader Aldave
St. Mary's Law Journal
Abstract Forthcoming.
Child Support For Adult Disabled Children: New Texas Legislation., Dan R. Price
Child Support For Adult Disabled Children: New Texas Legislation., Dan R. Price
St. Mary's Law Journal
In 1989, the Texas legislature modified the Texas Family Code by relaxing the criteria necessary to allow awards of support to adult disabled children. Texas has historically recognized, through both state and case law, that parents have both a moral and legal obligation to support minor unemancipated children, but only until the age of majority. An exception to the limitation of parental support only until the age of majority is the “disability exception.” Many jurisdictions recognize that when a minor child suffers from a disability and is incapable or unable to take care of themselves, parental support may extend past …