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St. Mary's Law Journal

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Articles 931 - 960 of 992

Full-Text Articles in Law and Society

Lawyers' Negligence Liability To Non-Clients: A Texas Viewpoint., Brian J. Davis Jan 1983

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 Jan 1983

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 Jan 1983

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 Jan 1983

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 Jan 1983

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 Jan 1983

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 Jan 1983

Franchising In Texas., Mark H. Miller

St. Mary's Law Journal

Abstract Forthcoming.


Exemption Of Government Securities Vs. State Taxation Of Bank Stock: A Legal Tug-Of-War., Thomas M. Schlenker Jan 1983

Exemption Of Government Securities Vs. State Taxation Of Bank Stock: A Legal Tug-Of-War., Thomas M. Schlenker

St. Mary's Law Journal

Abstract Forthcoming.


Adjudicative Resolution Of Commercial Disputes Between Nationals Of The United States And Mexico., Edward H. Kurth Jan 1983

Adjudicative Resolution Of Commercial Disputes Between Nationals Of The United States And Mexico., Edward H. Kurth

St. Mary's Law Journal

Abstract Forthcoming.


Sporhase, The Commerce Clause, And State Power To Conserve Natural Resources - Is The Local Well Running Dry Symposium - Selected Topics On Constitutional Law - Comment., Nancy Nowlin Kerr Jan 1983

Sporhase, The Commerce Clause, And State Power To Conserve Natural Resources - Is The Local Well Running Dry Symposium - Selected Topics On Constitutional Law - Comment., Nancy Nowlin Kerr

St. Mary's Law Journal

Abstract Forthcoming.


Representative Democracy Symposium - Selected Topics On Constitutional Law., Glen E. Thurow Jan 1983

Representative Democracy Symposium - Selected Topics On Constitutional Law., Glen E. Thurow

St. Mary's Law Journal

Abstract Forthcoming.


Turning The Gun On Tort Law: Aiming At Courts To Take Products Liability To The Limit., Donald E. Santarelli, Nicholas E. Calio Jan 1983

Turning The Gun On Tort Law: Aiming At Courts To Take Products Liability To The Limit., Donald E. Santarelli, Nicholas E. Calio

St. Mary's Law Journal

Abstract Forthcoming.


Profits Derived From Racketeering Activity Are Forfeitable Interests Under 18 U.S.C. Section 1963., William Maines Jan 1983

Profits Derived From Racketeering Activity Are Forfeitable Interests Under 18 U.S.C. Section 1963., William Maines

St. Mary's Law Journal

Abstract Forthcoming.


A Theory Of Equal Protection Symposium - Selected Topics On Constitutional Law., David A. Dittfurth Jan 1983

A Theory Of Equal Protection Symposium - Selected Topics On Constitutional Law., David A. Dittfurth

St. Mary's Law Journal

Equal protection must prohibit arbitrary governmental classifications or differentiation. The Supreme Court is a unique authority because of its power to create constitutional law and because of its symbolic position in this society as a bearer of the Constitution as aegis. The Fourteenth Amendment, which is derived from the Equal Protection Clause, is one of the most important areas of constitutional law. Governmental decisionmakers must consider equal protection doctrine since they are frequently required to discriminate among those arguably qualified in order to determine who should bear the burden of governmental action or receive the benefits of governmental largess. A …


The Fairness Doctrine: Protection For A Scarce Public Resource Symposium - Selected Topics On Constitutional Law - Comment., Constance Sheppard Jan 1983

The Fairness Doctrine: Protection For A Scarce Public Resource Symposium - Selected Topics On Constitutional Law - Comment., Constance Sheppard

St. Mary's Law Journal

Abstract Forthcoming.


The New Property Tax Code And Perfecting The Appeal: The Taxpayer's Perspective., Edward Kliewer Iii Dec 1982

The New Property Tax Code And Perfecting The Appeal: The Taxpayer's Perspective., Edward Kliewer Iii

St. Mary's Law Journal

Abstract Forthcoming.


Texas Asbestos Claims And Market Share Liability: New Remedy For An Old Tort., John B. Mileno Jr. Dec 1982

Texas Asbestos Claims And Market Share Liability: New Remedy For An Old Tort., John B. Mileno Jr.

St. Mary's Law Journal

Abstract Forthcoming.


Libel Litigation In Texas: The Plaintiff's Perspective., Mary A. Sprague Langston Dec 1982

Libel Litigation In Texas: The Plaintiff's Perspective., Mary A. Sprague Langston

St. Mary's Law Journal

Abstract Forthcoming.


Workplace Safety - The Prophylactic And Compensatory Rights Of The Employee., Gary A. Scarzafava Dec 1982

Workplace Safety - The Prophylactic And Compensatory Rights Of The Employee., Gary A. Scarzafava

St. Mary's Law Journal

Abstract Forthcoming.


Section 7 Of The Clayton Act Applies To Banks And Bank Holding Company Mergers., Terry E. Mitchell Dec 1982

Section 7 Of The Clayton Act Applies To Banks And Bank Holding Company Mergers., Terry E. Mitchell

St. Mary's Law Journal

Abstract Forthcoming.


The Constitutional Redefinition Of Texas Matrimonial Property As It Affects Antenuptial And Interspousal Transactions Symposium - Texas Community Property Law In Transition., Joseph W. Mcknight Sep 1982

The Constitutional Redefinition Of Texas Matrimonial Property As It Affects Antenuptial And Interspousal Transactions Symposium - Texas Community Property Law In Transition., Joseph W. Mcknight

St. Mary's Law Journal

Abstract Forthcoming.


Fitting A Round Peg Into A Square Hole: Section 3.63, Texas Family Code And The Marriage That Crosses State Liens Symposium - Texas Community Property Law In Transition., James D. Stewart, Richard R. Orsinger Sep 1982

Fitting A Round Peg Into A Square Hole: Section 3.63, Texas Family Code And The Marriage That Crosses State Liens Symposium - Texas Community Property Law In Transition., James D. Stewart, Richard R. Orsinger

St. Mary's Law Journal

Abstract Forthcoming.


Mccarty V. Mccarty: The Moving Target Of Federal Pre-Emption Threatening All Non-Employee Spouses Symposium - Texas Community Property Law In Transition., Louise B. Raggio, Kenneth G. Raggio Sep 1982

Mccarty V. Mccarty: The Moving Target Of Federal Pre-Emption Threatening All Non-Employee Spouses Symposium - Texas Community Property Law In Transition., Louise B. Raggio, Kenneth G. Raggio

St. Mary's Law Journal

Abstract Forthcoming.


Electronic Piracy: Can The Cable Television Industry Prevent Unauthorized Interception., Kevin W. Grillo Sep 1982

Electronic Piracy: Can The Cable Television Industry Prevent Unauthorized Interception., Kevin W. Grillo

St. Mary's Law Journal

The FCC and Congress have failed to enact specific regulations regarding unauthorized interception of cable television. This lack of regulation concerning electronic piracy has allowed entrepreneurs to develop means of intercepting cable television signals without compensation to the transmitting companies. The cable television industry has lost a significant portion of income through unauthorized interception of cable television. As the cable television industry continues to expand, the problem of electronic piracy of cable television signals will intensify. This has forced the cable television industry to seek varied legal solutions to resolve the problem. Although the cable television industry has found effective …


The Duty To Warn And Instruct For Safe Use In Strict Tort Liability Symposium - Texas Community Property Law In Transition., James B. Sales Sep 1982

The Duty To Warn And Instruct For Safe Use In Strict Tort Liability Symposium - Texas Community Property Law In Transition., James B. Sales

St. Mary's Law Journal

Abstract Forthcoming.


Article 7.12 Of The Texas Business Corporation Act Is The Exclusive Expression Of The Trust Fund Theory In Texas Case Note., Drew R. Fuller Jr. Sep 1982

Article 7.12 Of The Texas Business Corporation Act Is The Exclusive Expression Of The Trust Fund Theory In Texas Case Note., Drew R. Fuller Jr.

St. Mary's Law Journal

Abstract Forthcoming.


Federal Conviction For Offense Not Constituting Felony Under Texas Law May Be Used To Enhance Punishment Under Section 12.42 Of Texas Penal Code When Federal Conviction In Punishable By Possible Confinement In Prison., Leo D. Figueroa Sep 1982

Federal Conviction For Offense Not Constituting Felony Under Texas Law May Be Used To Enhance Punishment Under Section 12.42 Of Texas Penal Code When Federal Conviction In Punishable By Possible Confinement In Prison., Leo D. Figueroa

St. Mary's Law Journal

Abstract Forthcoming.


Two Year Limitations Period Applicable To Texas General Fraud Statute Applies To 10b-5 Actions When Texas In Forum State And Cause Of Action Accrued Prior To 1977., Richard M. Mosher Sep 1982

Two Year Limitations Period Applicable To Texas General Fraud Statute Applies To 10b-5 Actions When Texas In Forum State And Cause Of Action Accrued Prior To 1977., Richard M. Mosher

St. Mary's Law Journal

Abstract Forthcoming.


Section 312(A)(7) Of Federal Communications Act Provides Affirmative Right Of Individual Access To Broadcast Time For Federal Political Candidates., Phylis J. Speedlin Sep 1982

Section 312(A)(7) Of Federal Communications Act Provides Affirmative Right Of Individual Access To Broadcast Time For Federal Political Candidates., Phylis J. Speedlin

St. Mary's Law Journal

Abstract Forthcoming.


Possession Or Delivery Of Drug Paraphernalia Is Prohibited., John B. Milano Jr. Sep 1982

Possession Or Delivery Of Drug Paraphernalia Is Prohibited., John B. Milano Jr.

St. Mary's Law Journal

Abstract Forthcoming.