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Articles 1111 - 1140 of 1373
Full-Text Articles in Law and Society
Prenatal V. Parental Rights: What A Difference An A Makes., Ali Gallagher
Prenatal V. Parental Rights: What A Difference An A Makes., Ali Gallagher
St. Mary's Law Journal
No abstract provided.
Lust - Deep In The Heart Of Texas: Federal Epa Regulations Affecting Underground Storage Tanks - The Texas Statutory And Regulatory Counterparts., Blaine D. Edwards
Lust - Deep In The Heart Of Texas: Federal Epa Regulations Affecting Underground Storage Tanks - The Texas Statutory And Regulatory Counterparts., Blaine D. Edwards
St. Mary's Law Journal
No abstract provided.
1989 Texas Dtpa Reform: Closing The Dtpa Loophole In The 1987 Tort Reform Laws And The Ongoing Quest For Fairer Dtpa Laws., John T. Montford, Will G. Barber, Robert L. Duncan
1989 Texas Dtpa Reform: Closing The Dtpa Loophole In The 1987 Tort Reform Laws And The Ongoing Quest For Fairer Dtpa Laws., John T. Montford, Will G. Barber, Robert L. Duncan
St. Mary's Law Journal
Abstract Forthcoming.
Dedication., James P. White
Dedication., Sam S. Crutchfield
Commanding Respect: Criminal Sanctions For Environmental Crimes., Eva M. Fromm
Commanding Respect: Criminal Sanctions For Environmental Crimes., Eva M. Fromm
St. Mary's Law Journal
Abstract Forthcoming.
Standards Of Appellate Review In Civil Appeals., W. Wendell Hall
Standards Of Appellate Review In Civil Appeals., W. Wendell Hall
St. Mary's Law Journal
Abstract Forthcoming.
Punitive Damages For Breach Of Contract - A Principled Approach., Frank J. Cavico Jr.
Punitive Damages For Breach Of Contract - A Principled Approach., Frank J. Cavico Jr.
St. Mary's Law Journal
No abstract provided.
A Reasonable Belief That A Third Party Had Authority To Consent To A Search Is An Exception To The Warrant Requirement., S. Jeffrey Gately
A Reasonable Belief That A Third Party Had Authority To Consent To A Search Is An Exception To The Warrant Requirement., S. Jeffrey Gately
St. Mary's Law Journal
In Illinois v. Rodriguez, the Supreme Court granted certiorari to determine whether a warrantless search is valid when police rely on consent of a third party whom they reasonably believe had common authority over an area but does not. A reasonable belief that a third party had authority to consent to a search is an exception to the warrant requirement. The Fourth Amendment to the United States Constitution protects people and their possessions by prohibiting unreasonable searches by government authorities. Although this protection extends to any place where a person may claim a reasonable expectation of privacy, it especially protects …
Under The Boren Amendment, Health Care Providers Have An Enforceable Right, Actionable Under 42 U.S.C. 1983, To Challenge A State's Reimbursement Plan Under The Medicaid Act., C. Lee Cusenbary
St. Mary's Law Journal
No abstract provided.
Allowing A Child Abuse Victim To Testify Via One-Way Closed-Circuit Television Does Not Violate A Criminal Defendant's Sixth Amendment Confrontation Clause Right If The Trial Court Specifically Finds Such A Procedure Necessary To Protect The Child's Welfare., Lisa R. Miller
St. Mary's Law Journal
In Maryland v. Craig, the Supreme Court held allowing child abuse victims to testify via one-way closed-circuit television does not violate a criminal defendant’s Sixth Amendment Confrontation Clause right if the trial court finds the procedure necessary to protect the child’s welfare. Although “confront” has generally been interpreted to mean “face-to-face,” on occasion, it may yield to public policy considerations and the compelling necessities of particular cases. The original purpose of the confrontation right was to prevent the accusers in a criminal proceeding from using ex parte affidavits or depositions against a defendant, in lieu of personal testimony. The Craig …
Pitfalls Of Public Policy: The Case Of Arbitration Agreements., Jeffrey W. Stempel
Pitfalls Of Public Policy: The Case Of Arbitration Agreements., Jeffrey W. Stempel
St. Mary's Law Journal
No abstract provided.
Protecting The Fetus From Maternal Drug And Alcohol Abuse: A Proposal For Texas., Tom Rickhoff, Curtis L. Cukjati
Protecting The Fetus From Maternal Drug And Alcohol Abuse: A Proposal For Texas., Tom Rickhoff, Curtis L. Cukjati
St. Mary's Law Journal
No abstract provided.
You Should See Your Irs File: Access To Irs Information - What Are A Taxpayer's Rights., Richard J. Wood
You Should See Your Irs File: Access To Irs Information - What Are A Taxpayer's Rights., Richard J. Wood
St. Mary's Law Journal
No abstract provided.
Estate Planning For The Non-Taxable Estate., Mcken V. Carrington
Estate Planning For The Non-Taxable Estate., Mcken V. Carrington
St. Mary's Law Journal
No abstract provided.
Government Regulations Authorizing M.Andatory Alcohol And Drug Testing Of Private Railroad Employees On Less Than Individualized Suspicion To Enhance Safety Are Constitutional, Keith Dorsett
St. Mary's Law Journal
No abstract provided.
42 U.S.C. 1981 Does Not Provide A Remedy For Racial Harassment During Employment., Jeffrey A. Lacy
42 U.S.C. 1981 Does Not Provide A Remedy For Racial Harassment During Employment., Jeffrey A. Lacy
St. Mary's Law Journal
In Patterson v. McLean Credit Union, the United States Supreme Court held 42 U.S.C. § 1981 does not provide a remedy for racial harassment during employment. In 1976, in Runyon v. McCrary, the Court expanded the scope of § 1981 to cover private discrimination in contractual settings, including racial discrimination in private schools, when previously unavailable. More than a decade after the Runyon decision, the Supreme Court in Patterson, established that there were limits to § 1981’s applicability in private racial discrimination claims. Specifically, the Court held while § 1981 prohibits discriminatory conduct while entering into or enforcing a contract, …
Dtpa In The Courts: Two Empirical Studies And A Proposal For Change., Nancy Friedman Atlas, Scott J. Atlas, Raymond T. Nimmer
Dtpa In The Courts: Two Empirical Studies And A Proposal For Change., Nancy Friedman Atlas, Scott J. Atlas, Raymond T. Nimmer
St. Mary's Law Journal
Abstract Forthcoming.
Recognizing An Implied Warranty That Professional Services Will Be Performed In A Good And Workmanlike Manner., Mark L. Kincaid
Recognizing An Implied Warranty That Professional Services Will Be Performed In A Good And Workmanlike Manner., Mark L. Kincaid
St. Mary's Law Journal
Although the Court received a deluge of amicus curiae briefs after its initial ruling in Melody Home ushering the Court to reevaluate the consequences of its decision, there is no sound basis for excluding professional services from the implied warranty recognized by the Texas Supreme Court that services will be performed in a good and workmanlike manner. The issue of what is properly considered a “professional” service or what definition is to be applied to distinguish “non-professional” and “professional” services if the latter were to be excluded from the implied warranty. Instead of differentiating between “non-professional” and “professional” services in …
Personal Injury Actions Under The Dtpa., Paul N. Gold, George (Tex) Quesada
Personal Injury Actions Under The Dtpa., Paul N. Gold, George (Tex) Quesada
St. Mary's Law Journal
Abstract Forthcoming.
Texas Disciplinary Rules Of Professional Conduct: Additional Liability For Texas Lawyers., Xavier G. Medina, Virginia Coyle
Texas Disciplinary Rules Of Professional Conduct: Additional Liability For Texas Lawyers., Xavier G. Medina, Virginia Coyle
St. Mary's Law Journal
As a result of the enactment of the Texas Disciplinary Rules of Professional Conduct (“Rules”), Texas lawyer no longer practice under guidelines which include aspirational goals and discretionary moral choices. The Rules are mandatory in nature and depict a minimum standard of professional conduct which, if violated, could subject the offending lawyer to disciplinary action. Although the Rules provide a disclaimer stating that they “do not undertake to define standards of civil liability of lawyers for professional conduct,” Texas lawyers fear the Rules will be utilized as an independent basis for liability, or a standard of care for malpractice. The …
Dedication., Ernest A. Raba
Dedication., Orville C. Walker
Dedication., Jack Pope
Dedication., Editorial Board St. Mary's School Of Law
Dedication., Editorial Board St. Mary's School Of Law
St. Mary's Law Journal
Abstract Forthcoming.
Raborn V. Davis - Paycheck In Employee's Possession: A Limitation Of The Current Wage Exemption In Texas., Richard E. Flint
Raborn V. Davis - Paycheck In Employee's Possession: A Limitation Of The Current Wage Exemption In Texas., Richard E. Flint
St. Mary's Law Journal
Extensions of credit generally help both the debtor and creditor. However, a result of our credit-based economy is that individuals are free to make poor economic decisions, and that they should suffer the consequences of these poor decisions. Although legal rules have had a role in ensuring that debtors are protected from overzealous creditors, commercial transactions can only exist if obligations of debtors are legally enforceable. The role of government, therefore, is to set parameters for procedures to enforce these obligations, while also setting a floor of protected or exempt assets so that debtors will not become wards of the …
The Whole Truth Or Nothing But The Truth - Should Attorneys Who Advertise Be Required To Disclose Prior Disciplinary Actions Taken Against Them., Sara Murray
St. Mary's Law Journal
A state should not require attorneys who advertise to disclose all prior disciplinary actions in their advertisements. Attorney advertising, like other forms of commercial speech, is not immune to state regulation. The American public deserves access to accurate information about legal services, and lawyers have a duty to provide such information. However, attorneys and all other citizens have a constitutional right not to speak. A state must balance the competing interests carefully when the public’s right to know clashes with an individual’s right not to speak. There are several arguments against requiring attorneys to disclose all prior disciplinary actions in …
Texas' New Trademark Antidilution Statute - Useful Or Useless New Protection For Texas Trademarks., Richard Taylor
Texas' New Trademark Antidilution Statute - Useful Or Useless New Protection For Texas Trademarks., Richard Taylor
St. Mary's Law Journal
Texas courts must set forth clear and concise guidelines for trademark antidilution enforcement. The adoption of a trademark antidilution statute substantially alters Texas trademark law. The statute allows a trademark owner to enjoin acts which dilute a registered or common law trademark’s distinctive quality. It applies whether competition exists between the parties or a likelihood of confusion exists as to the owner of the mark. The statute adds a new dimension to trademark protection in Texas because it creates a property interest in the trademark. As promising as these protections sound, the new antidilution statute may prove ineffective due to …
Texas Adopts The Outstanding Balance Method Of Determining Whether Monies Bid At A Foreclosure Sale Involving Wraparound Mortgages Generate Excess Proceeds Or Constitute A Deficiency., Cynthia K. Brotman
St. Mary's Law Journal
Abstract Forthcoming.
Employer's Burden Of Rebutting Prima Facie Case Under Disparate Impact Theory Is One Of Production While Ultimate Burden Of Persuasion Remains With Complainant., Erik R. Sunde
St. Mary's Law Journal
Abstract Forthcoming.