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Articles 1171 - 1200 of 1969

Full-Text Articles in Law and Society

Revised Texas Rule Of Civil Procedure 173: The True Scope Of A Guardian Ad Litem's Representation., Allison P. Mingle Jan 2005

Revised Texas Rule Of Civil Procedure 173: The True Scope Of A Guardian Ad Litem's Representation., Allison P. Mingle

St. Mary's Law Journal

The former statute governing the appointment of a guardian ad litem was ineffective and did not serve as adequate guidance for trial courts or appointees. It failed to outline the specific role a guardian ad litem was to play during a suit and was also unsuccessful at outlining what aspects of litigation a guardian ad litem could and could not participate in during trial or settlement. The former version of the rule allowed for a reasonable fee to compensate the guardian ad litem for services but failed to state specific parameters for judges to determine what “reasonable” means. On the …


Qui Tam: Survival Of The Action And Fate Of The Proceeds Following The Death Of The Relator For The King And For Himself ... And His Heirs., Joseph E. Hoffer Jan 2005

Qui Tam: Survival Of The Action And Fate Of The Proceeds Following The Death Of The Relator For The King And For Himself ... And His Heirs., Joseph E. Hoffer

St. Mary's Law Journal

In the market economy of the United States, a large segment of industry is focused on providing goods and services to the government or to the public on behalf of the government. Often, small businesses are preferred to multinational corporations. But, when the actions of a business toward the government involve the myriad methods of deceit and inflating costs and billing, the business’s legitimate actions have turned into fraud against the government. For those employees who witness this fraudulent behavior and wish to act, one option is to file a qui tam action. The action may be brought either by …


The First Marketable Product Doctrine: Just What Is The Product., Byron C. Keeling, Karolyn King Gillespie Jan 2005

The First Marketable Product Doctrine: Just What Is The Product., Byron C. Keeling, Karolyn King Gillespie

St. Mary's Law Journal

Oil and gas leases normally do not set a fixed price for calculating royalty payments. Instead, oil and gas leases commonly tie royalty calculations to a more flexible yardstick, including “market value” or “net proceeds”. This flexibility allows the lease relationship to survive any dramatic volatility in oil and gas prices, while the same fixed price may be inadequate in shifting markets. Conversely, the flexibility may place lessors and lessees in a position of inherent conflict. In particular, parties vehemently disagree about the proper location for applying the yardstick. Historically, lessees have enjoyed the better side of the argument; though, …


The Effect Of A Harmless Error In Executing A Will: Why Texas Should Adopt Section 2-503 Of The Uniform Probate Court., Sean P. Milligan Jan 2005

The Effect Of A Harmless Error In Executing A Will: Why Texas Should Adopt Section 2-503 Of The Uniform Probate Court., Sean P. Milligan

St. Mary's Law Journal

Often, the validity of a will is called into question in situations where the testator failed to execute the will in compliance with statutory formalities, although the intent to create a will was present. In Texas, harmless errors in the execution of a will are not excused, and the testator must comply with the statutory formalities set out in the Probate Code. Strict judicial adherence to statutory formalities leads to unjust results in situations where it is relatively clear that the testator intended to create a will but failed to comply with the execution requirements. The failure to comply with …


Securing One's Fourth Amendment Rights Through Issue Preclusion: Assessing Texas's Application Of Collateral Estoppel To Multiple Suppression Motions Filed In Separate Courts., Garrett T. Reece Jan 2005

Securing One's Fourth Amendment Rights Through Issue Preclusion: Assessing Texas's Application Of Collateral Estoppel To Multiple Suppression Motions Filed In Separate Courts., Garrett T. Reece

St. Mary's Law Journal

This Comment will assess the split in Texas courts over the issue of collateral estoppel’s application in different motion to suppress hearings. By placing collateral estoppel within the confines of the Double Jeopardy Clause, federal law essentially extinguished one form of collateral estoppel and invented another form of the doctrine. Remnants of both forms are still alive, however, and Texas is one state in which both forms of collateral estoppel may be invoked in a criminal proceeding. Part II provides a historical analysis of the exclusionary rule, Double Jeopardy Clause, and collateral estoppel’s rise in criminal court. Part III addresses …


Unconstitutional Delegation Of Prosecutorial Discretion In Texas: The Pollution Of Environmental Violation Deterrents., Suzanne M. Jost Jan 2005

Unconstitutional Delegation Of Prosecutorial Discretion In Texas: The Pollution Of Environmental Violation Deterrents., Suzanne M. Jost

St. Mary's Law Journal

The split amongst Texas officials regarding how to address the growing problem of enforcing environmental laws can most clearly be seen in the legislation surrounding environmental crimes. The most notable aspect of the 2003 amendment to the Texas Water Code (TWC) requires permission from the Texas Commission on Environmental Quality (TCEQ) before criminal charges may be brought against permit holders for criminal violations. The purpose of TCEQ’s administrative penalties is to focus primarily on pushing companies into compliance with the code. Yet, the TWC amendment brings the entire spectrum of polluters, from corporate dumpers to individual litterbugs, under its primary …


Backdoor Non-Competes In Texas: Trade Secrets., Ted Lee, Leila Ben Debba Jan 2005

Backdoor Non-Competes In Texas: Trade Secrets., Ted Lee, Leila Ben Debba

St. Mary's Law Journal

The unpredictability of court decisions on covenants not to compete is an attorney’s nightmare in Texas. The Texas Supreme Court's decision in Light v. Centel Cellular (Light II), holding that trade secrets may serve as independent consideration for a valid covenant not to compete, has only exacerbated the situation. Currently, attorneys and clients alike are at the mercy of judicial unpredictability. Texas courts have managed to muddle their own underlying public policy on covenants not to compete with trade secrets. During the years preceding Light II, Texas courts consistently struck a balance between the legitimate rights of employers to protect …


Unlicensed To Drill: Proposed Renovations To The Texas Residential Construction Commission Act., Justin M. Jackson Jan 2005

Unlicensed To Drill: Proposed Renovations To The Texas Residential Construction Commission Act., Justin M. Jackson

St. Mary's Law Journal

Construction is the largest industry in the United States, and some regard the industry as the engine of the nation’s economy. Only the unavailability of unskilled labor can slow the growth of the construction industry in Texas. As such, Texas has welcomed the construction boom and has enacted statutes to accommodate further industry growth. Texas’ first legislative response came in the form of the Residential Construction Liability Act (RCLA). The RCLA alleviated liability for builders incurred under the Deceptive Trade Practices Act (DTPA). In 2003, the Texas Legislature continued to legislate in favor of builders by passing the Texas Residential …


Electronic Discovery: Not Your Father's Discovery., Howard L. Speight, Lisa C. Kelly Jan 2005

Electronic Discovery: Not Your Father's Discovery., Howard L. Speight, Lisa C. Kelly

St. Mary's Law Journal

This Article examines recent developments in several areas of electronic discovery. It discusses spoliation, cost shifting, form of production, and recent developments in the case law. Additionally, this Article discusses the Texas Rules of Civil Procedure, revisions to the Federal Rules of Civil Procedure and local rules, as well as recommendations of the American Bar Association (ABA) regarding electronic discovery. In Zubulake v. UBS Warburg LLC, I-VI, Judge Scheindlin of the Southern District of New York, set out her vision for the management of electronic discovery. It is a sobering vision, with clarified responsibilities for counsel. Increasing the role of …


Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits To Ps 8 Cultural Heritage, Ifc Dec 2004

Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits To Ps 8 Cultural Heritage, Ifc

IFC E&S Performance Standards

No abstract provided.


Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redlinect Edits To Ps 5 Resettlement, Ifc Dec 2004

Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redlinect Edits To Ps 5 Resettlement, Ifc

IFC E&S Performance Standards

No abstract provided.


Dec. 18, 2004, A.Durbin Et Al., Summary Of Cso Comments On Pol'y And Perf. Standards, Clean Copy, Ifc Dec 2004

Dec. 18, 2004, A.Durbin Et Al., Summary Of Cso Comments On Pol'y And Perf. Standards, Clean Copy, Ifc

IFC E&S Performance Standards

No abstract provided.


Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edit To Ps 2- Labor And Working Conditions, Ifc Dec 2004

Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edit To Ps 2- Labor And Working Conditions, Ifc

IFC E&S Performance Standards

No abstract provided.


Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits, Ps 9 Social & Environmental Management System, Ifc Dec 2004

Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits, Ps 9 Social & Environmental Management System, Ifc

IFC E&S Performance Standards

No abstract provided.


Dec. 18, 2004, A. Durbin Et Al., Summary Of Cso Comments On Policy & Ps With D. Hunter's Notes On Ps, Ifc Dec 2004

Dec. 18, 2004, A. Durbin Et Al., Summary Of Cso Comments On Policy & Ps With D. Hunter's Notes On Ps, Ifc

IFC E&S Performance Standards

No abstract provided.


Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits To Ps 3 Pollution Prevention And Abatement, Ifc Dec 2004

Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits To Ps 3 Pollution Prevention And Abatement, Ifc

IFC E&S Performance Standards

No abstract provided.


Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits To Ps 8 Cultural Heritage, Ifc Dec 2004

Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits To Ps 8 Cultural Heritage, Ifc

IFC E&S Performance Standards

No abstract provided.


Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits On Ifc's Ses Policy, Ifc Dec 2004

Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits On Ifc's Ses Policy, Ifc

IFC E&S Performance Standards

No abstract provided.


Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits To Ps 4 Community Health And Safety, Ifc Dec 2004

Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits To Ps 4 Community Health And Safety, Ifc

IFC E&S Performance Standards

No abstract provided.


Dec. 17, 2004, Ifc Consultation Advisory No.3, Public Consultation Phase I To Remain Open, David Cowan Dec 2004

Dec. 17, 2004, Ifc Consultation Advisory No.3, Public Consultation Phase I To Remain Open, David Cowan

IFC E&S Performance Standards

No abstract provided.


Dec. 15. Cso Recommendations For Embedding Human Rights In Pss, Michael Bassett, Diana Bronson, Daniel Bradlow, Andrea Durbin, Steve Hertz, Petr Hlobl, David Hunter, Fergus Mackay, Anne Perrault, Jorge Daniel Taillant Dec 2004

Dec. 15. Cso Recommendations For Embedding Human Rights In Pss, Michael Bassett, Diana Bronson, Daniel Bradlow, Andrea Durbin, Steve Hertz, Petr Hlobl, David Hunter, Fergus Mackay, Anne Perrault, Jorge Daniel Taillant

IFC E&S Performance Standards

No abstract provided.


Dec. 15, 2004, A. Durbin, Et Al, Draft Cso Tracked Comments And Suggested Revisions To Ifc's August 12, 2004 Draft, Ifc Dec 2004

Dec. 15, 2004, A. Durbin, Et Al, Draft Cso Tracked Comments And Suggested Revisions To Ifc's August 12, 2004 Draft, Ifc

IFC E&S Performance Standards

No abstract provided.


Dec. 2004, Cso Proposals For Integrating Human Rights Into Pss, Michael Bassett, Diana Bronson, Daniel Bradlow, Andrea Durbin, Steve Hertz, Petr Hlobl, David Hunter, Fergus Mackay, Anne Perrault, Jorge Daniel Taillant Dec 2004

Dec. 2004, Cso Proposals For Integrating Human Rights Into Pss, Michael Bassett, Diana Bronson, Daniel Bradlow, Andrea Durbin, Steve Hertz, Petr Hlobl, David Hunter, Fergus Mackay, Anne Perrault, Jorge Daniel Taillant

IFC E&S Performance Standards

No abstract provided.


Dec. 13, 2004, D. Clark, International Accountability Project-Comments, D. Clark Dec 2004

Dec. 13, 2004, D. Clark, International Accountability Project-Comments, D. Clark

IFC E&S Performance Standards

No abstract provided.


Nov. 4, 2004, Treasury's Crosscutting Issues To Cso Before Meeting With Ifc Re Safeguard Review, Ifc Nov 2004

Nov. 4, 2004, Treasury's Crosscutting Issues To Cso Before Meeting With Ifc Re Safeguard Review, Ifc

IFC E&S Performance Standards

No abstract provided.


Nov. 4, 2004, Cso Table Critiquing Ifc Performance Standards 1-9, Ifc Nov 2004

Nov. 4, 2004, Cso Table Critiquing Ifc Performance Standards 1-9, Ifc

IFC E&S Performance Standards

No abstract provided.


Nov. 1, 2004, Ltr From D. Hunter, Pec, To M. Taylor, Cao, Re Changes In Ifc Safeguard Policies, David Hunter Nov 2004

Nov. 1, 2004, Ltr From D. Hunter, Pec, To M. Taylor, Cao, Re Changes In Ifc Safeguard Policies, David Hunter

CAO General 1999-Present

No abstract provided.


Oct. 2004, A. Durbin, Overall Analysis Of Ifc's Draft Performance Standards, Ifc Oct 2004

Oct. 2004, A. Durbin, Overall Analysis Of Ifc's Draft Performance Standards, Ifc

IFC E&S Performance Standards

No abstract provided.


Oct. 3 -4, 2004, Agenda, Cso Strategy Session On Ifc Safeguard Review Process With Dhunter Margin Notes, Ifc Oct 2004

Oct. 3 -4, 2004, Agenda, Cso Strategy Session On Ifc Safeguard Review Process With Dhunter Margin Notes, Ifc

IFC E&S Performance Standards

No abstract provided.


Oct. 3 -4, 2004, A. Durbin, Cso Strategy Session, Agenda, Draft Platform, And Statement With Margin Notes, Ifc Oct 2004

Oct. 3 -4, 2004, A. Durbin, Cso Strategy Session, Agenda, Draft Platform, And Statement With Margin Notes, Ifc

IFC E&S Performance Standards

No abstract provided.