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Jurisprudence Commons™

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1993

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Articles 91 - 120 of 165

Full-Text Articles in Jurisprudence

The Legal Dilemma Of Groundwater Under The Integrated Environmental Plan For The Mexican-United States Border Area., M. Diane Barber Jan 1993

The Legal Dilemma Of Groundwater Under The Integrated Environmental Plan For The Mexican-United States Border Area., M. Diane Barber

St. Mary's Law Journal

This paper will explore the dilemma of implementing an appropriate legal format to best guide proposals for resolution of groundwater contamination. It will review groundwater under the Integrated Environmental Plan for the Mexico-United States Border Area (the Plan) and examine groundwater law in Mexico and in the four border states from a historical perspective. It will consider existing agreements between the two countries and propose adoption of the Bellagio Draft Treaty as the only legally viable means of achieving long-term remedial groundwater solutions. This paper, however, will also note isolated situations may be effectively addressed by the IBWC Minute, pending …

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Mexico's Accession To The Gatt: A Catalyst At Odds With The Outcome., John M. Vernon Jan 1993

Mexico's Accession To The Gatt: A Catalyst At Odds With The Outcome., John M. Vernon

St. Mary's Law Journal

The history behind Mexico’s accession to the General Agreement on Tariffs and Trade (GATT) sheds light on Mexico’s progression toward improved bilateral trade relations with the United States. Mexico embarked on its modernization and reform path with its accession to the GATT in 1987. The recent initialing of the North American Free Trade Agreement (NAFTA) by Canada, Mexico, and the United States is a symbolic event in the continued globalization of the world economy. The trilateral NAFTA is revolutionary because of Mexico’s participation. Part II of this article addresses Mexico’s progression toward accession to the GATT. Part III provides an …

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The Meat And Potatoes Of The North American Free Trade Agreement., Ruth K. Agather, Timothy N. Tuggey Jan 1993

The Meat And Potatoes Of The North American Free Trade Agreement., Ruth K. Agather, Timothy N. Tuggey

St. Mary's Law Journal

Agricultural trade has always been particularly susceptible to governmental intervention and imposition of protectionist barriers. This Article explores the evolution of agricultural trade regulation between the United States and Mexico culminating in the proposed North American Free Trade Agreement (NAFTA). First, the Article reviews the existing regulatory framework governing United States-Mexico agricultural trade. The Article then highlights major, proposed revisions to this regime under the NAFTA and offers perspectives on the effect of these revisions upon the United States’ agricultural industry sectors. This analysis includes a commodity reference guide, which highlights specific commodity trade sectors and the NAFTA treatment of …

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Customs Enforcement And The Nafta., Robert T. Givens, Rayburn Berry Jan 1993

Customs Enforcement And The Nafta., Robert T. Givens, Rayburn Berry

St. Mary's Law Journal

Abstract Forthcoming.

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Amendments To The General Law Of Business Associations., Raul S. Moreyra Jan 1993

Amendments To The General Law Of Business Associations., Raul S. Moreyra

St. Mary's Law Journal

Abstract Forthcoming.

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The North American Free Trade Agreemet And United States Employment., Roger W. Wallace, Max Scoular Jan 1993

The North American Free Trade Agreemet And United States Employment., Roger W. Wallace, Max Scoular

St. Mary's Law Journal

The North American Free Trade Agreement (NAFTA) will create new opportunities for United States firms and workers while simultaneously protecting United States workers over a 15-year timeframe. The benefits of NAFTA include eliminating conditions that currently encourage or require United States firms to invest south of the border, establishing free trade in services, and eliminating non-tariff barriers which impede United States merchandise exports to Mexico. Furthermore, NAFTA would provide an improved and expanded regional trade and investment base resulting in a boost to the global competitiveness of US products. NAFTA would also increase trade liberalization with Mexico and maintain Mexico …

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Justice Thurgood Marshall In Memoriam., Gabrielle Kirk Mcdonald Jan 1993

Justice Thurgood Marshall In Memoriam., Gabrielle Kirk Mcdonald

St. Mary's Law Journal

Abstract Forthcoming.

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Revisiting Standards Of Review In Civil Appeals - Foreword Foreword., Nathan L. Hecht Jan 1993

Revisiting Standards Of Review In Civil Appeals - Foreword Foreword., Nathan L. Hecht

St. Mary's Law Journal

Abstract Forthcoming.

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Lawyer-Bashing: It's Time To Turn The Tide Perspective., Ward Blacklock Jan 1993

Lawyer-Bashing: It's Time To Turn The Tide Perspective., Ward Blacklock

St. Mary's Law Journal

Abstract Forthcoming.

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Revisiting Standards Of Review In Civil Appeals., W. Wendell Hall Jan 1993

Revisiting Standards Of Review In Civil Appeals., W. Wendell Hall

St. Mary's Law Journal

Applying and defining the accurate standard of review determines how likely an appeal will be successful. While the proper standard of review may be easy to identify, applying the standard of review to a case is often problematic. The standards define the interactions between trial and appellate courts by distributing the power of review throughout the judicial branch. The standards of review also limit a court’s authority to determine an error by a trial court, and whether the error warrants reversal. The standard sets the requirements of substantive law and provides a means for appellate judges to weigh arguments. This …

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Transracial Adoption In Texas: Should The Best Interests Standard Be Color-Blind., Jo Beth Eubanks Jan 1993

Transracial Adoption In Texas: Should The Best Interests Standard Be Color-Blind., Jo Beth Eubanks

St. Mary's Law Journal

Legislative amendments must go further than limiting race from being a primary factor in adoptions; amendments must eliminate race as an acceptable factor. Diverging opinions of “race matching” in foster care and adoption exist. Administrative policies regulating adoption hold that same-race placement, between the adoptive parent and child, is a primary consideration when awarding custody in Texas. Basing child placement on the race or ethnicity of the parties involved raises serious constitutional concerns. The best interest standard is the predominant method in determining child placement, for both custody and adoption proceedings. The premise of the best interest standard is prioritization …

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Transcending Community: Some Thoughts On Havel And Bergson, Brian Slattery Jan 1993

Transcending Community: Some Thoughts On Havel And Bergson, Brian Slattery

Articles & Book Chapters

No abstract provided.

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Survey Of Mspb Cases In 1991-1992: Theoretical Critique And Practical Applications, G. Jerry Shaw, Jr., William S. Bransford, Richard A. Moore, Christopher M. Okay Jan 1993

Survey Of Mspb Cases In 1991-1992: Theoretical Critique And Practical Applications, G. Jerry Shaw, Jr., William S. Bransford, Richard A. Moore, Christopher M. Okay

American University Law Review

No abstract provided.

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Proof Of Attorney's Fees In Texas., Scott A. Brister Jan 1993

Proof Of Attorney's Fees In Texas., Scott A. Brister

St. Mary's Law Journal

In Texas, the complex and confusing rules defining proof of attorney’s fees require simplification. Texas, like many other states, follows the American Rule, meaning the plaintiff and defendant each pay their own attorney’s fees. The United States is the only common-law jurisdiction and virtually the only industrialized democracy following the American Rule. Two primary justifications support following the American Rule. First, the American Rule supports individuals seeking a judicial remedy by removing the obstacle of paying an opponent’s legal fees. Second, it reduces potential litigation, attendant time and expense that would be necessary to dispute legal fees if they were …

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Use Of Excessive Physical Force Against An Inmate May Constitute Cruel And Unusual Punishment Even Though The Prisoner Does Not Suffer Significant Injury., Anthony A. Avey Jan 1993

Use Of Excessive Physical Force Against An Inmate May Constitute Cruel And Unusual Punishment Even Though The Prisoner Does Not Suffer Significant Injury., Anthony A. Avey

St. Mary's Law Journal

In Hudson v. McMillian, the Supreme Court held that use of excessive physical force against an inmate may constitute cruel and unusual punishment even though the prisoner does not suffer any significant injury. The Eighth Amendment has evolved significantly since its adoption in 1791, becoming a complex line of authority which over time expanded the rights of criminals and convicts. Recent cases have attempted to mold the varying Eight Amendment standards into a more cohesive legal doctrine. These efforts were meant to clarify the doctrine of cruel and unusual punishments; however, the divergent interpretations of these decisions rendered Eighth Amendment …

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Summary Of The Convention Between The Government Of The United States Of America And The Government Of The United Mexican States For The Avoidance Of Double Taxation And The Prevention Of Fiscal Evasion With Respect To Taxes On Income., Raul S. Moreyra Jan 1993

Summary Of The Convention Between The Government Of The United States Of America And The Government Of The United Mexican States For The Avoidance Of Double Taxation And The Prevention Of Fiscal Evasion With Respect To Taxes On Income., Raul S. Moreyra

St. Mary's Law Journal

To prevent double taxation and income tax evasion, the Mexico and United States governments signed a convention in September 1992. The convention establishes when businesses may be subject to either United States or Mexico tax liabilities. Key to the application of the convention is the concept of permanent establishment. Permanent establishment is the designation given to a business situated in Mexico that transacts operations for a United States enterprise. This designation determines which nation, the United States or Mexico, will collect taxes from the business. If the business is a permanent establishment, the Mexican government will collect taxes. The types …

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Tending The Bar In Texas: Alcoholism As A Mitigating Factor In Attorney Discipline., Patricia Sue Heil Jan 1993

Tending The Bar In Texas: Alcoholism As A Mitigating Factor In Attorney Discipline., Patricia Sue Heil

St. Mary's Law Journal

This Comment describes the nature and scope of alcoholism and chemical dependency in the legal profession. It reviews the current state of the law regarding alcoholism as a mitigating factor in attorney discipline. Addictive illnesses manifest themselves in ways which leave afflicted attorneys unable to practice law in accordance with professional rules of conduct. The majority of attorney-discipline cases involve alcoholism or chemical dependency. An attorney whose illness remains untreated will likely become the subject of grievance-committee investigations. For disciplinary cases involving alcoholism, a suggested analysis includes establishing a nexus between illness and misconduct. Additionally, it includes a causal connection …

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Name-Calling And The Clear Error Rule, Robert F. Nagel Jan 1993

Name-Calling And The Clear Error Rule, Robert F. Nagel

Publications

No abstract provided.

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Disagreement And Interpretation, Robert F. Nagel Jan 1993

Disagreement And Interpretation, Robert F. Nagel

Publications

No abstract provided.

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How To Do Things With The First Amendment, Pierre Schlag Jan 1993

How To Do Things With The First Amendment, Pierre Schlag

Publications

No abstract provided.

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Journeying Through The Valley Of Evil., Douglas O. Linder Jan 1993

Journeying Through The Valley Of Evil., Douglas O. Linder

Faculty Works

No abstract provided.

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Apostle Of Fundamental Fairness: New York Court Of Appeals Judge Stewart F. Hancock, Jr.'S State Constitutional Decision-Making, Thompson Gould Page Jan 1993

Apostle Of Fundamental Fairness: New York Court Of Appeals Judge Stewart F. Hancock, Jr.'S State Constitutional Decision-Making, Thompson Gould Page

Touro Law Review

No abstract provided.

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A Note To Our Readers, The Editors Jan 1993

A Note To Our Readers, The Editors

Touro Law Review

No abstract provided.

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Double Jeopardy Jan 1993

Double Jeopardy

Touro Law Review

No abstract provided.

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Right To Confrontation Jan 1993

Right To Confrontation

Touro Law Review

No abstract provided.

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Severability, John Copeland Nagle Jan 1993

Severability, John Copeland Nagle

Journal Articles

When a court holds a provision of a statute unconstitutional, a question remains regarding the validity of the remainder of the statute. The court may find that the unconstitutional provision may be severed from the statute and leave the remainder of the statute in effect. Alternatively, the court may hold that the unconstitutional provision cannot be severed and invalidate the entire statute.

This article argues that the jurisprudence surrounding the issue of severability is confusing and inconsistent. After explaining the concept of severability and its ramifications for statutes, I trace the development of the current judicial test for determining when …

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Building Bridges Between Theory And Practice, Activism And Scholarship, Elizabeth M. Schneider Jan 1993

Building Bridges Between Theory And Practice, Activism And Scholarship, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

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James Madison And Public Choice At Gucci Gulch: A Procedural Defense Of Tax Expenditures And Tax Institutions, Edward A. Zelinsky Jan 1993

James Madison And Public Choice At Gucci Gulch: A Procedural Defense Of Tax Expenditures And Tax Institutions, Edward A. Zelinsky

Articles

Few academic doctrines can claim the intellectual and political success of tax expenditure analysis. In roughly a generation's time, Professor Surrey's procedural and substantive critique of tax subsidies has become entrenched in the law school curriculum and in legal scholarship. More impressively, the tax expenditure concept has been enshrined in federal law and become part of the daily discourse of the national budget process.

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Moral Debate And Semantic Sleight Of Hand, J. David Bleich Jan 1993

Moral Debate And Semantic Sleight Of Hand, J. David Bleich

Articles

No abstract provided.

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The Belief/Conduct Paradigm In The Supreme Court's Free Exercise Jurisprudence: A Theological Account Of The Failure To Protect Religious Conduct, Marci A. Hamilton Jan 1993

The Belief/Conduct Paradigm In The Supreme Court's Free Exercise Jurisprudence: A Theological Account Of The Failure To Protect Religious Conduct, Marci A. Hamilton

Articles

No abstract provided.

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