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Articles 781 - 810 of 1087

Full-Text Articles in Legal Ethics and Professional Responsibility

Capital Punishment: A Critique Of The Political And Philosophical Thought Supporting The Justices' Positions., Samuel J.M. Donnelly Jan 1992

Capital Punishment: A Critique Of The Political And Philosophical Thought Supporting The Justices' Positions., Samuel J.M. Donnelly

St. Mary's Law Journal

Since Gregg v. Georgia, the Supreme Court has developed what could be described as a subparadigm for capital punishment. This subparadigm is now at a point of crisis for two enduring and mutually supporting reasons. The dissents by Justice Brennan and Justice Marshall represent the convergence of the better modern thought in regard to capital punishment. Even with the retirement of both Justices, the criticism found in their dissenting opinions presents a continuing challenge to the plurality’s position. Those using the plurality’s rhetoric are now split into two groups. Justices Blackmun and Stevens regularly vote against capital punishment, while focusing …

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The Political Philosophy Of Campaign Finance Reform As Articulated In The Dissents In Austin V. Michigan Chamber Of Commerce., John S. Shockley, David A. Schultz Jan 1992

The Political Philosophy Of Campaign Finance Reform As Articulated In The Dissents In Austin V. Michigan Chamber Of Commerce., John S. Shockley, David A. Schultz

St. Mary's Law Journal

The 1992 presidential candidacy of Jerry Brown, who called for campaign contribution limits, has reignited the issue of campaign finance reform. Indeed, the United States Supreme Court has recognized the importance of campaign finance reform as a judicial issue. The importance of this issue is marked by the Court’s continued willingness to address the regulation of campaign finance since the 1976 landmark case of Buckley v. Valeo. The case of Austin v. Michigan Chamber of Commerce emphasized the somewhat confused nature of the Supreme Court’s campaign finance reform decisions. The Supreme Court and state legislatures will likely continue to address …

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Wrongful Adoption: A Guide To Impending Tort Litigation In Texas., Fred S. Wilson Jan 1992

Wrongful Adoption: A Guide To Impending Tort Litigation In Texas., Fred S. Wilson

St. Mary's Law Journal

Texas has an opportunity to improve a necessary tool of family law by recognizing and advancing wrongful adoption. There is an underlying lack of recognition for the interests of adoptive parents in adoption law. Those who choose to adopt necessarily rely on the information provided by an adoption agency in making their decision. As such, adoptive parents are particularly vulnerable to misrepresentation about the pertinent history of the adoptee. Recent cases in other states demonstrate the progression of wrongful adoption as a tort, yet many inadequacies remain. The necessary progression of wrongful adoption calls for the imposition of a duty …

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Toward Freer Trade And More Commerce Between The United States And Mexico., Barbara Bader Aldave Jan 1991

Toward Freer Trade And More Commerce Between The United States And Mexico., Barbara Bader Aldave

St. Mary's Law Journal

Abstract Forthcoming.

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Ethics And Due Diligence: A Lawyer's Perspective On Doing Business With Mexico., Rona R. Mears Jan 1991

Ethics And Due Diligence: A Lawyer's Perspective On Doing Business With Mexico., Rona R. Mears

St. Mary's Law Journal

The focus of this study is to survey ethical issues faced by legal practitioners in providing legal counsel for international business transactions, with special attention to lawyers counseling clients who are doing business with Mexico. This paper is intended for lawyers who practice in the United States (U.S.), involved in counseling clients outside the U.S. The purpose of this study is to highlight only those issues that raise special difficulties for such a practitioner, and then to provide practical advice on how to avoid ethical problems in U.S.-Mexico transactions. The Model Rules of Professional Conduct (MPRC), the International Code of …

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Child Support For Adult Disabled Children: New Texas Legislation., Dan R. Price Jan 1991

Child Support For Adult Disabled Children: New Texas Legislation., Dan R. Price

St. Mary's Law Journal

In 1989, the Texas legislature modified the Texas Family Code by relaxing the criteria necessary to allow awards of support to adult disabled children. Texas has historically recognized, through both state and case law, that parents have both a moral and legal obligation to support minor unemancipated children, but only until the age of majority. An exception to the limitation of parental support only until the age of majority is the “disability exception.” Many jurisdictions recognize that when a minor child suffers from a disability and is incapable or unable to take care of themselves, parental support may extend past …

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Pyrrhic Victories And Glorious Defeats: Why Defendants Are Winning And Plaintiffs Are Losing The Struggle Over Actual Malice And Fictionalized Quotations., Richard A. Gonzales Jan 1991

Pyrrhic Victories And Glorious Defeats: Why Defendants Are Winning And Plaintiffs Are Losing The Struggle Over Actual Malice And Fictionalized Quotations., Richard A. Gonzales

St. Mary's Law Journal

This article reviews Masson v. New Yorker Magazine, a case of fabricated quotations. The article looks first at the legal background and Supreme Court's development of the actual malice standard. An analysis of the problem through journalistic ethics and investigation of the difficulties confronting libel plaintiffs will follow. Finally, the comment explores the misquotation problem from both a legal and a journalistic perspective.

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Oil In The Persian Gulf War: Legal Appraisal Of An Environmental Warfare., Margaret T. Okorodudu-Fubara Jan 1991

Oil In The Persian Gulf War: Legal Appraisal Of An Environmental Warfare., Margaret T. Okorodudu-Fubara

St. Mary's Law Journal

Oil, modern history’s most “powerful” natural economic resource stood at the epicenter of the Iraqi invasion of Kuwait and became the latest unconventional weapon of warfare. The objective of this Article is to assess the legal implications of this recent environmental warfare involving the “oil weapon,” the first of its kind in recorded history. The experiences from national and international wars demonstrate one sure victim of wars, even barring human losses, is the environment. The delicacy of mankind’s planetary ecosystem necessitates urgency addressed to protecting the environment in the international struggle for arms control and disarmament agreement. This Article indicates …

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Educational Choice Legislation After Edgewood V. Kirby: A Proposal For Clearing The Sectarian Hurdle., C. Lee Cusenbary Jr. Jan 1991

Educational Choice Legislation After Edgewood V. Kirby: A Proposal For Clearing The Sectarian Hurdle., C. Lee Cusenbary Jr.

St. Mary's Law Journal

States can reform the ineffective educational system by adopting a free educational choice system. A free educational choice system would reimburse parents of educational expenditures through a voucher or tax deduction and will give parents the freedom to select the school their child attends. While free choice may present a viable solution for educational reform, one major obstacle is the possibility free choice would violate the Establishment Clause of the First Amendment by providing aid to sectarian schools. A free educational choice legislation will be subject to review under the Lemon v. Kurtzman test to determine if the financial aid …

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A Trial Court's Refusal To Question Prospective Jurors About The Specific Contents Of Pretrial Publicity Which They Had Read Or Heard Did Not Violate A Defendant's Sixth Amendment Right To An Impartial Jury, Or Fourteenth Amendment Right To Due Process., Karen A. Cusenbary Jan 1991

A Trial Court's Refusal To Question Prospective Jurors About The Specific Contents Of Pretrial Publicity Which They Had Read Or Heard Did Not Violate A Defendant's Sixth Amendment Right To An Impartial Jury, Or Fourteenth Amendment Right To Due Process., Karen A. Cusenbary

St. Mary's Law Journal

In Mu'Min v. Virginia, the United States Supreme Court held a defendant has no right to ask jurors about the potential influence of prejudicial pretrial publicity. A defendant may ask only if the jurors can remain impartial. The Court mandates that overturning a trial court’s jury selection is allowable only if manifest error renders the trial fundamentally unfair. The Court did not find that the case involved sufficient public passion to necessitate a more extensive jury examination by the trial court to include inquiries involving the effect of pretrial publicity. The ruling in Mu'Min leaves too much discretion to the …

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Social Infrastructure Needs Of The Maquiladora Industry: A Proposal For United States Corporate Contributions., Rodolfo Villalobos, Bruce B. Barshop Jan 1991

Social Infrastructure Needs Of The Maquiladora Industry: A Proposal For United States Corporate Contributions., Rodolfo Villalobos, Bruce B. Barshop

St. Mary's Law Journal

Abstract Forthcoming.

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Salinastroika: Recent Developments In Technology Transfer Law In Mexico., Mark O'C. O'Brien, Carlos R.V. Muggenburg Jan 1991

Salinastroika: Recent Developments In Technology Transfer Law In Mexico., Mark O'C. O'Brien, Carlos R.V. Muggenburg

St. Mary's Law Journal

Abstract Forthcoming.

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Why The United States Should Adopt The First-To-File System For Patents., Bernarr R. Pravel Jan 1991

Why The United States Should Adopt The First-To-File System For Patents., Bernarr R. Pravel

St. Mary's Law Journal

Abstract Forthcoming.

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Alamo Lumber And Texas Usury Law: Playing With Fire In The Usury Forest., Terry W. Wright, W. Alan Wright, Scott G. Night Jan 1991

Alamo Lumber And Texas Usury Law: Playing With Fire In The Usury Forest., Terry W. Wright, W. Alan Wright, Scott G. Night

St. Mary's Law Journal

The effect of Alamo Lumber Co. v. Gold, and later cases interpreting third party assumption of debt as interest can be perilous to lenders. Lenders are in the business of offering loans to make money. Lenders achieve profit maximization by charging as much interest as possible in the market. Although economic and market factors are always considerations in a lender’s business, in Texas, lenders must also consider harsh usury laws that restrain the maximum amount of chargeable loan interest. Texas defines interest broadly. Statutes define interest as the receipt of compensation for the detention, forbearance or use of money. The …

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Review Of Honorable Justice: The Life Of Oliver Wendell Holmes By Sheldon Novick., Michael S. Ariens Jan 1991

Review Of Honorable Justice: The Life Of Oliver Wendell Holmes By Sheldon Novick., Michael S. Ariens

St. Mary's Law Journal

Abstract Forthcoming.

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Preserving Error On Appeal In Texas Civil Cases: A Practical Guide For Civil Appeals In Texas Article Foreword., John Cornyn Iii Jan 1991

Preserving Error On Appeal In Texas Civil Cases: A Practical Guide For Civil Appeals In Texas Article Foreword., John Cornyn Iii

St. Mary's Law Journal

Abstract Forthcoming.

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Postscript: In Budget Disputes Between Elected State Officials, Will The Rule Of Law Prevail., Gregory E. Maggs Jan 1991

Postscript: In Budget Disputes Between Elected State Officials, Will The Rule Of Law Prevail., Gregory E. Maggs

St. Mary's Law Journal

Abstract Forthcoming.

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Incurable, Reversible Error Occurs Whenever The Jury Feels Animus Toward Or Solidarity With Witnesses Or Litigants Because Of Ethnicity Or Race Due To An Attorney's Suggestions Made During Closing Argument, No Matter How Open Or Subtle And With Finesse Those Suggestions May Be., Glenn D. Levy Jan 1991

Incurable, Reversible Error Occurs Whenever The Jury Feels Animus Toward Or Solidarity With Witnesses Or Litigants Because Of Ethnicity Or Race Due To An Attorney's Suggestions Made During Closing Argument, No Matter How Open Or Subtle And With Finesse Those Suggestions May Be., Glenn D. Levy

St. Mary's Law Journal

Abstract Forthcoming.

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Tdhs V. E.B., The Coup De Grace For Special Issues., John J. Sampson Jan 1991

Tdhs V. E.B., The Coup De Grace For Special Issues., John J. Sampson

St. Mary's Law Journal

Although the bench and bar have been recalcitrant in recognition, the Texas Supreme Court has declared the special interest experiment a failure. For nearly eighty years Texas has engaged in an experiment requiring juries answer specific, factually detailed inquiries in various circumstances. The theoretical justifications of special issue inquiries were to ease appeals processes and add clarity to jury decisions. Although the goals were meritorious, the actual result was jury confusion, inefficiency, complexity, and too many retrials. The Texas Supreme Court’s ruling in TDHS v. EB signals the end of special issues and mandates the use of broad form submissions. …

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An Independent And Adequate Procedural Rule Bars A State Prisoner, Who Has Defaulted His Entire Appeal, From Asserting A Federal Claim Unless The Prisoner Demonstrates Cause For, And Actual Prejudice Resulting From, The Procedural Default, Or In The Alternative, Proves A Fundamental Miscarriage Of Justice Will Result If The Federal Habeas Court Fails To Hear The Claim., Jared R. V. Woodfill Jan 1991

An Independent And Adequate Procedural Rule Bars A State Prisoner, Who Has Defaulted His Entire Appeal, From Asserting A Federal Claim Unless The Prisoner Demonstrates Cause For, And Actual Prejudice Resulting From, The Procedural Default, Or In The Alternative, Proves A Fundamental Miscarriage Of Justice Will Result If The Federal Habeas Court Fails To Hear The Claim., Jared R. V. Woodfill

St. Mary's Law Journal

The current jurisprudential regime accepts a blanket procedural default policy which denies the federal habeas court its proper constitutional role. An ideological coup d’etat is needed which reappraises the modern procedural default doctrine and supplants it with a rule in the spirit of Fay v. Noia. Such a revolution would emphasize the federal habeas court’s role as a defender of constitutional rights. In an era of multifarious litigation and sociological jurisprudence, a habeas prisoner should not lose his life because a negligent public defender failed to preserve the right in procedural formaldehyde. On April 23, 1982, a court convicted Roger …

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The Scope Of The Eighth Amendment Does Not Include A Per Se Bar To The Use Of Victim Impact Evidence In The Sentencing Phase Of A Capital Trial., Jimmie O. Clements Jr. Jan 1991

The Scope Of The Eighth Amendment Does Not Include A Per Se Bar To The Use Of Victim Impact Evidence In The Sentencing Phase Of A Capital Trial., Jimmie O. Clements Jr.

St. Mary's Law Journal

In Payne v. Tennessee, the United States Supreme Court held the scope of the Eighth Amendment does not include a per se bar to the use of victim impact evidence in the sentencing phase of a capital trial. As a result of Payne, the realm of information admissible during the sentencing phase of a capital trial now includes victim impact evidence. The use of victim impact evidence improperly diverts the sentencer’s attention away from the defendant’s moral blameworthiness to the victim’s character and reputation. Although advocates of victim’s rights may see this decision as a victory, the reasoning of the …

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First-To-Invent: A Superior System For The United States., Ned L. Conley Jan 1991

First-To-Invent: A Superior System For The United States., Ned L. Conley

St. Mary's Law Journal

The United States uses the first-to-invent patent system, which is a time-honored system not worth abandoning in pursuit of harmonization. First-to-invent and first-to-file patent systems incentivize different approaches to obtaining a patent. However, a first-to-invent approach is, in part, what has allowed the United States to lead the world in innovation and it should not abandon this approach. The United States patent system is unique when compared to most other patent systems used by democratic, capitalistic, developed nations. A first-to-invent system provides incentive to invent, particularly to inventors who are less well financed. The incentive to innovate is in the …

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Limitations On Medical Malpractice Damages Pursuant To The Medical Liability Act Are Constitutional In Wrongful Death Cases., Lynn B. Layne Jan 1991

Limitations On Medical Malpractice Damages Pursuant To The Medical Liability Act Are Constitutional In Wrongful Death Cases., Lynn B. Layne

St. Mary's Law Journal

Abstract Forthcoming.

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Testimony Of Ambassador Carla A. Hills, United States Trade Representative, Before The Subcommittee On Trade, Committee On Ways And Means, U.S. House Of Representatives, June 14, 1990., Editorial Board St. Mary's School Of Law Jan 1991

Testimony Of Ambassador Carla A. Hills, United States Trade Representative, Before The Subcommittee On Trade, Committee On Ways And Means, U.S. House Of Representatives, June 14, 1990., Editorial Board St. Mary's School Of Law

St. Mary's Law Journal

Abstract Forthcoming.

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Mexico's Maquiladora Program: Challenges And Prospects., Matilde K. Stephenson Jan 1991

Mexico's Maquiladora Program: Challenges And Prospects., Matilde K. Stephenson

St. Mary's Law Journal

A Maquila is usually a one-hundred percent foreign-owned assembly or manufacturing operation located in Mexico. They manufacture, process or assemble an array of products under Mexican law. Both the United States and Mexico receive a great deal of economic benefits from employing the maquiladora system, but it can also have some political and social consequences that make the system economically volatile. The viewpoints of both the U.S. and Mexican governments are considered, as well as the U.S. and Mexican industry, in evaluating the system’s overall effect on U.S.-Mexico relations. The general conclusion is that maquiladoras are extremely desirable for labor …

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Environmental Aspects Of Maquiladora Operations: A Note Of Caution For U.S. Parent Corporations., Daniel I. Basurto Gonzalez, Elaine Flud Gonzalez Jan 1991

Environmental Aspects Of Maquiladora Operations: A Note Of Caution For U.S. Parent Corporations., Daniel I. Basurto Gonzalez, Elaine Flud Gonzalez

St. Mary's Law Journal

Abstract Forthcoming.

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Binding Arbitration: A Preferred Alternative For Resolving Commercial Disputes Between Mexican And U.S. Businessmen., Hope H. Camp Jr. Jan 1991

Binding Arbitration: A Preferred Alternative For Resolving Commercial Disputes Between Mexican And U.S. Businessmen., Hope H. Camp Jr.

St. Mary's Law Journal

Abstract Forthcoming.

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Recent Developments In Civil Rights Law (As Presented At The Common Cause 20th Anniversary Celebration At St. Mary's School Of Law On November 3, 1990) Address., Archibald Cox Jan 1991

Recent Developments In Civil Rights Law (As Presented At The Common Cause 20th Anniversary Celebration At St. Mary's School Of Law On November 3, 1990) Address., Archibald Cox

St. Mary's Law Journal

Abstract Forthcoming.

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Journal Wars., Michael Vitiello Jan 1991

Journal Wars., Michael Vitiello

St. Mary's Law Journal

Abstract Forthcoming.

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The Empire Strikes Back., E. Joshua Rosenkranz Jan 1991

The Empire Strikes Back., E. Joshua Rosenkranz

St. Mary's Law Journal

Abstract Forthcoming.

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