Legal Ethics and Professional Responsibility Commons^™

An Empirical Study Of Kent Style Juvenile Transfers To Criminal Court., Robert O. Dawson

St. Mary's Law Journal

Kent v. United States was the first in a series of majority decisions by the United States Supreme Court which fixed constitutional minimum requirements for the juvenile justice system. This decision follows case law establishing the adjudication phase of the process: a right to notice of charges, to confrontation and cross-examination of witnesses, not to be compelled to incriminate oneself, and to counsel. Shortly afterwards, the Court established the constitutional requirement the government must prove its charges in juvenile court beyond a reasonable doubt. Finally, the Court determined the Double Jeopardy Clause of the Constitution applies in the juvenile process. …

Legal Malpractice Committed While Working On Cases Which Result In Litigation Tolls The Statute Of Limitations For The Malpractice Claim Until All Appeals For The Underlying Causes Of Action Are Exhausted., Dina Bernstein

St. Mary's Law Journal

Abstract Forthcoming.

Reasonable Double Definitional Instruction Results In Abolishing Exclusion Of Outstanding Reasonable Hypothesis As Standard Of Review In Circumstantial Evidence Cases., John J. Lapham

St. Mary's Law Journal

Abstract Forthcoming.

Living In Limbo: Single Asset Reorganizations Within The Financially Distressed Fifth Circuit., Thomas J. Meaney

St. Mary's Law Journal

Abstract Forthcoming.

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 …

Ifc And The Environment, Oct. 1991, Ifc

IFC E&S Performance Standards

No abstract provided.

Mandatory Pro Bono, Roger C. Cramton

Cornell Law Faculty Publications

Should lawyers be required to devote a portion of their time or money to public service activities? This issue, commonly referred to as "mandatory pro bono," is much discussed these days. The purpose of this article is to illuminate the policychoices before the profession by surveying the arguments for and against mandatory pro bono.

The Ethics Of Emergency Lawyering, Barbara Glesner Fines

Faculty Works

The fast pace of modern law practice increasingly requires emergency lawyering: client situations that demand immediate attention and solution. Unlike medicine, however, the legal profession does not yet consider itself as having an emergency specialty. Yet, observation of today's law practice readily reveals that the analogy is accurate. The pressure of today's rapidly changing business climate, the complexity of legal regulations and relationships and the widening application of law to address a host of problems, all contribute to an increasing need for an immediate, available legal response: what I term here "emergency lawyering."

Viewing the delivery of legal services through …

Civil Disobedience And The Iawyer's Obligation To The Law, Judith A. Mcmorrow

Washington and Lee Law Review

No abstract provided.

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

St. Mary's Law Journal

Abstract Forthcoming.

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 …

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.

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 …

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 …

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.

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

St. Mary's Law Journal

Abstract Forthcoming.

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 …

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

St. Mary's Law Journal

Abstract Forthcoming.

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. …

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 …

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 …

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 …

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.

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 …

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.

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.

Journal Wars., Michael Vitiello

St. Mary's Law Journal

Abstract Forthcoming.

Reformers' Regress: The 1991 Texas Workers' Compensation Act., Jill Williford

St. Mary's Law Journal

The revision of the Texas Workers’ Compensation Act will affect most Texas taxpayers and workers. The Act, entering into force January 1, 1991, significantly restructures the preexisting seventy-six-year-old system. Before the advent of workers’ compensation systems employees relied on the court and common-law causes of action as the sole means of recovery. In 1913, Texas enacted one of the first versions of workers’ compensation in the United States. The original act created a system to compensate workers for injuries sustained during employment without regard to fault. Initially the act was elective for employers and mandatory for employees but was later …

Judge Jack B. Miller In Memoriams., L. Wayne Scott

St. Mary's Law Journal

Abstract Forthcoming.

Television Advertising: Professionalism's Dilemma., Laura R. Champion, William M. Champion

St. Mary's Law Journal

Lawyers are concerned about tactics and antics of advertising attorneys because of possible harm to the reputation of the legal profession due to tasteless, crass ads circulated among the non-legal public. This controversial issue of what is good taste includes the question of how far ads can go before crossing the line of prohibited solicitation. Lawyers advertise through direct mail, television, radio, telephone yellow pages, billboards, newspapers, and magazines. This Article traces the background of legal advertising, focusing on the particular issue of television ads. Some courts purposefully avoid this aspect of legal communication with the public and leave many …