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Legal Ethics and Professional Responsibility Commons™

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Articles 1351 - 1380 of 1990

Full-Text Articles in Legal Ethics and Professional Responsibility

Whither The Texas Tort Claims Act: What Remains After Official Immunity., J. Bonner Dorsey Jan 2001

Whither The Texas Tort Claims Act: What Remains After Official Immunity., J. Bonner Dorsey

St. Mary's Law Journal

Abstract Forthcoming.

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Has The Fog Cleared - Attorney Work Product And The Attorney-Client Privilege: Texas's Complete Transition Into Full Protection Of Attorney Work In The Corporate Context., Fred A. Simpson Jan 2001

Has The Fog Cleared - Attorney Work Product And The Attorney-Client Privilege: Texas's Complete Transition Into Full Protection Of Attorney Work In The Corporate Context., Fred A. Simpson

St. Mary's Law Journal

The following discussion in this Article fills the gaps in the substantive rules surrounding the attorney work product doctrine and the attorney-client privilege, thereby encouraging practitioners to utilize these tools more freely. Initially, the attorney-client privilege contemplated application only to individuals. As the rule developed in the United States, however, the scope of the privilege broadened until it included corporations. Since 1982, Texas has provided for the attorney-client privilege in Texas Rule of Civil Evidence 503.149. Notably, the Rule defined client in such a way as to include a corporation. Unlike the attorney-client privilege, the work product doctrine developed much …

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No Taxation Without Realization: Srivastava V. Commissioner, The Fifth Circuit's Answer To Tax Treatment Of Attorney's Fees Under A Contingency Fee Agreement., Bernard J. Grant Iii Jan 2001

No Taxation Without Realization: Srivastava V. Commissioner, The Fifth Circuit's Answer To Tax Treatment Of Attorney's Fees Under A Contingency Fee Agreement., Bernard J. Grant Iii

St. Mary's Law Journal

Abstract Forthcoming.

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Jury Erosion: The Effects Of Robinson, Havner, & (And) Gammill On The Role Of Texas Juries., Ricky J. Poole, Kimberly S. Keller Jan 2001

Jury Erosion: The Effects Of Robinson, Havner, & (And) Gammill On The Role Of Texas Juries., Ricky J. Poole, Kimberly S. Keller

St. Mary's Law Journal

Abstract Forthcoming.

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Attorney Referral For Medical Treatment: A Wolf In Disguise., Martin J. Phipps Jan 2001

Attorney Referral For Medical Treatment: A Wolf In Disguise., Martin J. Phipps

St. Mary's Law Journal

Texas attorneys should be obligated to disclose whether they referred their client to a pre-selected physician. Plaintiff attorneys, however, have been allowed to withhold this information from the court arguing the information is privileged. The practice of using a pre-selected physician is unethical and unfairly prejudicial. If the attorney and physician have an agreement, the attorney is likely to send numerous clients to that specific physician in order to receive a discount. The physician in turn is likely to recommend medically unnecessary procedures in order to inflate money damages. Therefore, in order to prevent potential abuse between the attorney-physician relationship, …

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Getting It Right From The Beginning: A Critical Examination Of Current Criminal Defense In Texas And Proposal For A Statewide Public Defender System., Rebecca Copeland Jan 2001

Getting It Right From The Beginning: A Critical Examination Of Current Criminal Defense In Texas And Proposal For A Statewide Public Defender System., Rebecca Copeland

St. Mary's Law Journal

Abstract Forthcoming.

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Religion In Public Schools: Let Us Pray - Or Not., Carolyn Hanahan, David M. Feldman Jan 2001

Religion In Public Schools: Let Us Pray - Or Not., Carolyn Hanahan, David M. Feldman

St. Mary's Law Journal

This Essay addresses judicial interpretation and application of the religious protections of students in public schools. Part II addresses the evolution of the law governing prayer in public schools, including the creation of judicial tests utilized in determining whether a school district has impeded the rights of students in the area of religion. Part III examines the application of these tests to various activities, including a discussion of the disparity in judicial interpretation with respect to the permissibility of prayer at public school functions. This Essay concludes with a discussion analyzing the effect of the recent United States Supreme Court …

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Those Dangerous Student Prayers., Kelly J. Coghlan Jan 2001

Those Dangerous Student Prayers., Kelly J. Coghlan

St. Mary's Law Journal

Abstract Forthcoming.

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Parental Rights In The Twenty-First Century: Parents As Full Partners In Education., Linda L. Schlueter Jan 2001

Parental Rights In The Twenty-First Century: Parents As Full Partners In Education., Linda L. Schlueter

St. Mary's Law Journal

Abstract Forthcoming.

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Interpreting Mineral And Royalty Deeds: The Legacy Of The One-Eighth Royalty And Other Stories., Laura H. Burney Jan 2001

Interpreting Mineral And Royalty Deeds: The Legacy Of The One-Eighth Royalty And Other Stories., Laura H. Burney

St. Mary's Law Journal

Mineral and royalty deeds are notoriously difficult to interpret. Courts complicate the interpretive process in at least two ways. First, they produce opinions that fail to appreciate and explain unique oil and gas concepts. Second, they render deed records unreliable. A variety of title problems flow from this instability. However, a common trait is frequently encountered: the influence of the one-eighth royalty provision typically used for decades in oil and gas leases. Unfortunately, courts have failed to acknowledge this influence. For this reason, title litigation will continue to loom under the legacy of the one-eighth royalty, and title examiners will …

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Internet Property Rights: E-Trespass., John D. Saba Jr. Jan 2001

Internet Property Rights: E-Trespass., John D. Saba Jr.

St. Mary's Law Journal

Plaintiffs whose Internet property rights were violated have depended on the common law tort of trespass to chattels. Plaintiffs in Thrifty-Tel, Inc. v. Bezenek and CompuServe Inc. v. Cyber Promotions, Inc. successfully argued defendants trespassed their chattels. In Thrifty-Tel, defendants hacked into plaintiff’s system to obtain long-distance access codes. The court reasoned that electronic signals were tangible and indirect interference in the form of electronic trespass could support a claim for trespass to chattels. In CompuServe Inc., defendants used plaintiff's internet server to send out mass emails to plaintiff’s clients. The court upheld a permanent injunction holding that electronic signals …

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Nov. 2. 2000, Cao, Progress Report, Office Of Cao, Power Point, Cao Nov 2000

Nov. 2. 2000, Cao, Progress Report, Office Of Cao, Power Point, Cao

CAO General 1999-Present

No abstract provided.

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October 2000, Ciel, Handbook On The Office Of The Compliance Advisor Ombudsman , Draft, Center For International Environmental Law Oct 2000

October 2000, Ciel, Handbook On The Office Of The Compliance Advisor Ombudsman , Draft, Center For International Environmental Law

CAO General 1999-Present

No abstract provided.

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June. 26. 2000, Cao, Information Dissemination And Communications Strategy, Dft (Annotated C.Saladin), Cao Jun 2000

June. 26. 2000, Cao, Information Dissemination And Communications Strategy, Dft (Annotated C.Saladin), Cao

CAO General 1999-Present

No abstract provided.

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June. 15. 2000, Cao, Strategic Plan For The Office Of Ifc, Mga, Draft, Cao Jun 2000

June. 15. 2000, Cao, Strategic Plan For The Office Of Ifc, Mga, Draft, Cao

CAO General 1999-Present

No abstract provided.

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March 9, 2000, Cao, Discussion Paper For Roundtable Meeting, Cao Mar 2000

March 9, 2000, Cao, Discussion Paper For Roundtable Meeting, Cao

CAO General 1999-Present

No abstract provided.

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March. 9. 2000, Cao, Revised Agenda For Roundtable On Cao Guidelines, Cao Mar 2000

March. 9. 2000, Cao, Revised Agenda For Roundtable On Cao Guidelines, Cao

CAO General 1999-Present

No abstract provided.

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March 9, 2000, Cao, Brief For Participants In Cao Roundtable On Draft Operational Guidelines, Meg Taylor Mar 2000

March 9, 2000, Cao, Brief For Participants In Cao Roundtable On Draft Operational Guidelines, Meg Taylor

CAO General 1999-Present

No abstract provided.

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March 8, 2000, Cao, Responses On Draft Cao Operational Guidelines Incorporated In Matrix (List Of Comments), Draft, Cao Mar 2000

March 8, 2000, Cao, Responses On Draft Cao Operational Guidelines Incorporated In Matrix (List Of Comments), Draft, Cao

CAO General 1999-Present

No abstract provided.

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Feb. 10. 2000, Draft Comments From S. Langdon, Project Underground, Dft Comments On Cao Operational Guidelines, Shanna Langdon Feb 2000

Feb. 10. 2000, Draft Comments From S. Langdon, Project Underground, Dft Comments On Cao Operational Guidelines, Shanna Langdon

CAO General 1999-Present

No abstract provided.

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Feb. 2000, Cao-Comments On The Operational Guidelines For The Office Of The Compliance Advisor Ombudsman, Marcos A. Orellana Cruz Feb 2000

Feb. 2000, Cao-Comments On The Operational Guidelines For The Office Of The Compliance Advisor Ombudsman, Marcos A. Orellana Cruz

CAO General 1999-Present

No abstract provided.

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Feb. 2000, Oxfam Uk, Comments On The Draft Cao Operating Guidelines, P. Feeney, Patricia Feeney Feb 2000

Feb. 2000, Oxfam Uk, Comments On The Draft Cao Operating Guidelines, P. Feeney, Patricia Feeney

CAO General 1999-Present

No abstract provided.

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Much Ado About Spam: Unsolicited Advertising, The Internet, And You., Scot M. Graydon Jan 2000

Much Ado About Spam: Unsolicited Advertising, The Internet, And You., Scot M. Graydon

St. Mary's Law Journal

Internet users need protection from unsolicited commercial emails (UCEs), and this protection should come from federal legislation. Despite seventeen states having passed some sort of legislation regulating UCEs, this is insufficient to protect Internet users from UCEs. State laws are not uniformed and UCEs frequently cross state lines. Internet advertisers prefer commercial emails because of the ability to market to millions of consumers at a low cost. Consumers, however, suffer delays to their Internet access because of the amount of data UCEs accumulate, and in some cases may have to pay additional fees if they exceed the data limits of …

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A Holy Mess: School Prayer, The Religious Freedom Restoration Act Of Texas, And The First Amendment., David S. Stolle Jan 2000

A Holy Mess: School Prayer, The Religious Freedom Restoration Act Of Texas, And The First Amendment., David S. Stolle

St. Mary's Law Journal

In Employment Division, Department of Human Resources of Oregon v. Smith, the U.S. Supreme Court held the traditional compelling state interest standard for Free Exercise Clause jurisprudence should be replaced by a new test requiring a statute or government action to be facially neutral and generally applicable. In response to Smith, Congress, relying on its Enforcement Clause powers under the Fourteenth Amendment, attempted to resurrect the compelling state interest standard by passing the Religious Freedom of Restoration Act (RFRA). In June 1999, the Texas legislature passed the Texas Religious Freedom Restoration Act (TRFRA). This Comment argues the TRFRA is unnecessary …

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Texas Workers' Compensation: A Ten-Year Survey - Strengths, Weaknesses, And Recommendations., Phil Hardberger Jan 2000

Texas Workers' Compensation: A Ten-Year Survey - Strengths, Weaknesses, And Recommendations., Phil Hardberger

St. Mary's Law Journal

The present Texas Workers’ Compensation system began development in January of 1989 and has been in effect since 1991. Texas is the only state in which workers’ compensation coverage is optional. Alternative benefits plans are provided in some cases; however, many injured workers receive less than they would under the Texas Workers’ Compensation system. The current system uses supplemental income benefits (SIBs), meaning injured workers can be cut off from benefits if they are less than 15% impaired, and the maximum time to appeal each case is ninety days (Rule 130.5(e)). The 71st Texas Legislature focused on decreasing attorney involvement …

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Creative Sanctions For Discovery Abuse In Texas., Travis C. Headley Jan 2000

Creative Sanctions For Discovery Abuse In Texas., Travis C. Headley

St. Mary's Law Journal

Creative sanctions are necessary to deter litigants from abusing the discovery process. Under both the Federal Rules of Civil Procedure and the Texas Rules of Civil Procedure, creative sanctions are allowed and within a judge’s discretion. Federal Rule of Civil Procedure 37 and Texas Rule of Civil Procedure 215 provide judges a non-exhaustive list of available sanctions to deter abusive discovery practices. Nonetheless, discovery abuse has continued to escalate, and limited precedence exists in the field despite the increased use of sanctions. An unprecedented creative sanction was imposed by Judge Brotman of the District Court for the Virgin Islands. On …

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Sept. 17, 1999, Cao New Accountability Mechanism At Ifc And Miga, Cao Sep 1999

Sept. 17, 1999, Cao New Accountability Mechanism At Ifc And Miga, Cao

CAO General 1999-Present

In 1998 World Bank Group President Wolfensohn created the position of the Compliance Advisor/Ombudsman (CAO) for the International Finance Corporation (IFC) and Multilateral Investment Guarantee Agency (MIGA). The CAO - like the Inspection Panel in the World Bank — is designed to provide a mechanism for local communities adversely affected by IFC and MIGA supported projects to raise then" concerns. The CAO is independent of line management and reports directly to the President. In addition to providing a route for local communities to raise issues and complaints about specific projects, the office is intended to provide independent and objective advice …

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Sept.14.1999, Cao, Facilitators' Summary Of Issues Day 1 Of Roundtable, Cao Sep 1999

Sept.14.1999, Cao, Facilitators' Summary Of Issues Day 1 Of Roundtable, Cao

CAO General 1999-Present

No abstract provided.

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Sept. 13-15 1999, Agenda, Cao Roundtable, Mtg On Proc's, Cao Sep 1999

Sept. 13-15 1999, Agenda, Cao Roundtable, Mtg On Proc's, Cao

CAO General 1999-Present

No abstract provided.

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Sept.13-15, 1999, Cao Discussion Paper For Cao Roundtable Meeting (9.3.1999, Draft), Cao Sep 1999

Sept.13-15, 1999, Cao Discussion Paper For Cao Roundtable Meeting (9.3.1999, Draft), Cao

CAO General 1999-Present

No abstract provided.

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