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Articles 1891 - 1920 of 1992
Full-Text Articles in Law and Society
Contempt Of Court - Right To Jury Trial - A Fine Of $104,000 And Thirty Day Jail Sentence Is Serious Offense Entitling Contemnor To Trial By Jury., Kathryn E. Eriksen
Contempt Of Court - Right To Jury Trial - A Fine Of $104,000 And Thirty Day Jail Sentence Is Serious Offense Entitling Contemnor To Trial By Jury., Kathryn E. Eriksen
St. Mary's Law Journal
Abstract Forthcoming.
Yellow Pages Legal Ads In Texas: The Complexities Of Dr 2-101(B) & (And) (C)., Vincent Robert Johnson
Yellow Pages Legal Ads In Texas: The Complexities Of Dr 2-101(B) & (And) (C)., Vincent Robert Johnson
St. Mary's Law Journal
This Article explains how attorneys can avoid private reprimands for advertisements in the Yellow Pages pursuant to subsection (B) and (C) of the Texas Code of Professional Responsibility Disciplinary Rule 2-101, given there is no scholarship or precedent. Subsection (B) requires an advertisement to include the name of a lawyer who is licensed to practice law in Texas, who will be responsible for performing the legal service, and the areas of law in which they practice. Subsection (C) requires detailed statements be included concerning whether the individuals named in compliance with subsection (B) are certified with the Texas Board of …
Reexamining Roe: Nineteenth-Century Abortion Statutes And The Fourteenth Amendment., James S. Witherspoon
Reexamining Roe: Nineteenth-Century Abortion Statutes And The Fourteenth Amendment., James S. Witherspoon
St. Mary's Law Journal
Abstract Forthcoming.
Ethical, Statutory, And Regulatory Conflicts Of Interest In Real Estate Transactions., Jeb C. Sanford
Ethical, Statutory, And Regulatory Conflicts Of Interest In Real Estate Transactions., Jeb C. Sanford
St. Mary's Law Journal
Abstract Forthcoming.
Surface Damages In Texas: A Proposal For Legislative Intervention., Steven John Berry
Surface Damages In Texas: A Proposal For Legislative Intervention., Steven John Berry
St. Mary's Law Journal
Abstract Forthcoming.
A New Twist For Texas Lemon Owners., Ayala Alexopoulos
A New Twist For Texas Lemon Owners., Ayala Alexopoulos
St. Mary's Law Journal
Twenty-five percent of the consumers with car warranty problems are dissatisfied with the complaint-handling process in the automobile industry and the result of their grievances. In response to the frustrations of defective car owners, Texas, along with many other states, passed a “lemon law” providing more definitive relief for consumer. Lemon laws provide a clearly defined cause of action against the manufacturer and provide the consumer with a low-cost, readily available mechanism for resolving their disputes. Most states’ lemon laws require the consumer to resort to arbitration provisions before initiating a court action if a manufacturer sets up a dispute …
Determining Mineral Ownership In Texas After Moser V. United States Steel Corp. - The Surface Destruction Nightmare Continues., David A. Scott
Determining Mineral Ownership In Texas After Moser V. United States Steel Corp. - The Surface Destruction Nightmare Continues., David A. Scott
St. Mary's Law Journal
Total abandonment of the surface destruction test is essential for achieving mineral title certainty in Texas. Many instruments which grant or reserve mineral rights in Texas contain the words “other minerals.” When the instrument does not specifically list which substances the contracting parties include as minerals, a dispute often arises as to ownership of the unspecified substances. To resolve ownership disputes, Texas courts adopted the surface destruction test. This test focuses on the destructive effects removal of a particular substance would have on the surface of the land. Unfortunately, the surface destruction test yielded unpredictable results, causing uncertainty in mineral …
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.
Charting The Future Course For Corporate Management Of Health Risks, Michael S. Baram
Charting The Future Course For Corporate Management Of Health Risks, Michael S. Baram
Faculty Scholarship
Corporations engage in technological activities of benefit to society, but thereby also create new health risks for workers, consumers, and communities. Government regulatory agencies deal with this chronic problem by conducting risk analyses and imposing various duties on private firms. Despite agency efforts and corporate compliance, health risks continue to arise and take their toll. To what extent will private firms voluntarily assume greater responsibility for preventing these health risks? This question is of increasing social importance, because the limitations of regulatory efforts are now obvious, whereas health risks are now being identified at what appears to be an increasing …
Commissioning Morallity: An Introduction To The Symposium, Alan J. Weisbard, John D. Arras
Commissioning Morallity: An Introduction To The Symposium, Alan J. Weisbard, John D. Arras
Cardozo Law Review
No abstract provided.
The Emergence Of Punitive Damages In Product Liability Actions: A Further Assault On The Citadel., James B. Sales
The Emergence Of Punitive Damages In Product Liability Actions: A Further Assault On The Citadel., James B. Sales
St. Mary's Law Journal
Abstract Forthcoming.
The Revised Texas Usury Ceilings - A New Alice In Wonderland., Frank A. St. Claire, Sara Greenwood Hogan
The Revised Texas Usury Ceilings - A New Alice In Wonderland., Frank A. St. Claire, Sara Greenwood Hogan
St. Mary's Law Journal
Abstract Forthcoming.
Constitutional Law - Presidential Immunity - The President Is Absolutely Immmune From Civil Damages Liability For Acts Done Within The Outer Perimeter Of His Official Capacity Symposium - Selected Topics On Constitutional Law - Case Note., Laura H. Burney
St. Mary's Law Journal
Abstract Forthcoming.
The Windfall Profit Tax Exposed., J. Matthew Dow
The Windfall Profit Tax Exposed., J. Matthew Dow
St. Mary's Law Journal
Abstract Forthcoming.
Fundamentals Of Doing Business With Mexico: After The Exchange Control., Carlos R. Valencia Barrera, Rodrigo Sanchez-Mejorada Rodrigo
Fundamentals Of Doing Business With Mexico: After The Exchange Control., Carlos R. Valencia Barrera, Rodrigo Sanchez-Mejorada Rodrigo
St. Mary's Law Journal
Abstract Forthcoming.
Historic District Zoning: A Texas Overview., Margaret Corning Boldrick
Historic District Zoning: A Texas Overview., Margaret Corning Boldrick
St. Mary's Law Journal
Abstract Forthcoming.
Reciprocal Agreements In Shopping Center Developments., Thomas J. Terkel
Reciprocal Agreements In Shopping Center Developments., Thomas J. Terkel
St. Mary's Law Journal
Abstract Forthcoming.
A Synopsis Of The Federal Juvenile Delinquency Act., William S. Sessions, Faye M. Bracey
A Synopsis Of The Federal Juvenile Delinquency Act., William S. Sessions, Faye M. Bracey
St. Mary's Law Journal
The Juvenile Justice and Delinquency Prevention Act of 1974 (Act) was passed by the United States Congress on September 7, 1974. The Act amended the Federal Juvenile Delinquency Act (FJDA) which had been virtually unchanged since its enactment in 1938. The Act sets up a procedural framework for the treatment of minors who are within the jurisdictional reach of a federal court due to the commission of an act which contradicts a federal criminal statute. With a thorough understanding of the original FJDA and its amendments, benefits, required procedures, and a juvenile’s constitutional rights, counsel for a juvenile offender in …
Community Property - Division Of Property Upon Divorce - Property Acquired During Marriage In A Common Law State Except By Gift, Devise, Or Descent Should Be Treated As Community Property., David H. Brock
St. Mary's Law Journal
Abstract Forthcoming.
An Overview Of Prisoners' Rights: Part I, Access To The Courts Under Section 1983 Symposium - Selected Topics On Constitutional Law - Comment., James M. Hill
St. Mary's Law Journal
Abstract Forthcoming.
An Overview Of Prisoners' Rights: Part Ii, Conditions Of Confinement Under The First And Eighth Amendments Symposium - Selected Topics On Constitutional Law - Comment., Bobby Scheihing
St. Mary's Law Journal
Abstract Forthcoming.
Constitutional Rights Of The Involuntarily Committed Mentally Retarded After Youngberg V. Romeo Symposium - Selected Topics On Constitutional Law - Comment., Diane M. Weidert
Constitutional Rights Of The Involuntarily Committed Mentally Retarded After Youngberg V. Romeo Symposium - Selected Topics On Constitutional Law - Comment., Diane M. Weidert
St. Mary's Law Journal
Abstract Forthcoming.
The Current State Of Usury Law In Texas., Michele M. Hightower
The Current State Of Usury Law In Texas., Michele M. Hightower
St. Mary's Law Journal
Abstract Forthcoming.
Lawyers' Negligence Liability To Non-Clients: A Texas Viewpoint., Brian J. Davis
Lawyers' Negligence Liability To Non-Clients: A Texas Viewpoint., Brian J. Davis
St. Mary's Law Journal
Courts should examine the relationship of a non-client to a negligent lawyer to determine whether a lawyer is liable to a non-client despite lack of privity. In most jurisdictions, attorneys enjoy the privity of contract requirement which limits their duty to exercise reasonable care. As a result, lawyers are normally immune to negligent malpractice actions brought by non-clients. Courts should examine the relationship between the attorney and the non-client to determine whether the requirement of privity is an overly restrictive limit on the lawyer’s scope of duty. These relationships can be classified into three categories. The first category involves plaintiffs …
The Due On Sale Clause In A Deed Of Trust Is Not An Invalid Restraint On The Alienation Of Property., Susan H. Cregor
The Due On Sale Clause In A Deed Of Trust Is Not An Invalid Restraint On The Alienation Of Property., Susan H. Cregor
St. Mary's Law Journal
Abstract Forthcoming.
Free Appropriate Public Education Of Handicapped Children Requires Personalized Instruction And Support Services To Produce Beneficial Results But Does Not Require Reaching Full Potential Of Handicapped Student., Margaret Corning Boldrick
Free Appropriate Public Education Of Handicapped Children Requires Personalized Instruction And Support Services To Produce Beneficial Results But Does Not Require Reaching Full Potential Of Handicapped Student., Margaret Corning Boldrick
St. Mary's Law Journal
Abstract Forthcoming.
An At-Will Employee May Be Fired Despite Motives Which Violate State Public Policy., Kelsey Menzel
An At-Will Employee May Be Fired Despite Motives Which Violate State Public Policy., Kelsey Menzel
St. Mary's Law Journal
Scholars generally agree children possess fewer rights than adults under the Constitution. Moreover, the school, as a restricted environment, places additional constraints on the constitutional rights of minors. In recent years, however, the Supreme Court extended to minor students the rights of equal protection and civil due process. In Tinker v. Des Moines Independent Community School District, the Court acknowledged children have First Amendment rights of self-expression in a school environment. This marked a significant change from the judiciary’s traditional reluctance to interfere in school matters. Subsequent First Amendment challenges to school board decisions have focused on library book removal. …
A Constitutional Analysis Of The English Literacy Requirement Of The Naturalization Act Symposium - Selected Topics On Constitutional Law., Ricardo Gonzalez Cedillo
A Constitutional Analysis Of The English Literacy Requirement Of The Naturalization Act Symposium - Selected Topics On Constitutional Law., Ricardo Gonzalez Cedillo
St. Mary's Law Journal
Abstract Forthcoming.
Board Of Education V. Pico: School Library Book Removal And The First Amendment Symposium - Selected Topics On Constitutional Law - Comment., Kelsey Menzel
St. Mary's Law Journal
Abstract Forthcoming.
Franchising In Texas., Mark H. Miller