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Legal Ethics and Professional Responsibility Commons™

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St. Mary's University

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Articles 871 - 900 of 1070

Full-Text Articles in Legal Ethics and Professional Responsibility

Liability Of Parents For Conduct Of Their Child Under Section 33.01 Of The Texas Family Code: Defining The Requisite Standards Of Culpability., L. Wayne Scott Jan 1988

Liability Of Parents For Conduct Of Their Child Under Section 33.01 Of The Texas Family Code: Defining The Requisite Standards Of Culpability., L. Wayne Scott

St. Mary's Law Journal

Section 33.01 of the Texas Family Code uses archaic terms and needs to be updated to eliminate confusion. This section provides an expansive statutory avenue for recovering from the parent damages previously unavailable at common law for a child's acts. However, the extent of parental liability under both of the available statutory provisions—negligence and strict liability—is disputable. While section 33.01 currently uses the terms "willful" and "malicious," these terms should be excluded in favor of "intentional" and "grossly negligent conduct." In an age when tort liability is determined more from an insurance theory than a fault theory, section 33.01 of …


Securities - Arbitration - Predispute Arbitration Agreements Enforceable Against Investors Filing Claims Under Section 10(B) Of The Securities Exchange Act Of 1934 Symposium - Business Tort Litigation - Case Note., A. Robert Lamb Jr. Jan 1988

Securities - Arbitration - Predispute Arbitration Agreements Enforceable Against Investors Filing Claims Under Section 10(B) Of The Securities Exchange Act Of 1934 Symposium - Business Tort Litigation - Case Note., A. Robert Lamb Jr.

St. Mary's Law Journal

Abstract Forthcoming.


Consumer Protection - Deceptive Trade Practices - Breach Of Implied Warranty Requiring Goods Or Property To Be Modified Or Repaired In Good And Workmanlike Manner Actionable Under Deceptive Trade Practices-Consumer Protection Act Symposium - Business Tort Litigation - Case Note, N/A N/A Jan 1988

Consumer Protection - Deceptive Trade Practices - Breach Of Implied Warranty Requiring Goods Or Property To Be Modified Or Repaired In Good And Workmanlike Manner Actionable Under Deceptive Trade Practices-Consumer Protection Act Symposium - Business Tort Litigation - Case Note, N/A N/A

St. Mary's Law Journal

Abstract Forthcoming.


The Conflict Between The Parental Kidnapping Prevention Act And The Extradition Act: Naming The Custodial Parent Both Legal Guardian And Fugitive Comment., Suzanne Y. Lepori Jan 1988

The Conflict Between The Parental Kidnapping Prevention Act And The Extradition Act: Naming The Custodial Parent Both Legal Guardian And Fugitive Comment., Suzanne Y. Lepori

St. Mary's Law Journal

Abstract Forthcoming.


Arbitration And Litigation Of Public Customers' Claims Against Broker-Dealers After Mcmahon Symposium - Business Tort Litigation., Joseph L. Hoon Jr. Jan 1988

Arbitration And Litigation Of Public Customers' Claims Against Broker-Dealers After Mcmahon Symposium - Business Tort Litigation., Joseph L. Hoon Jr.

St. Mary's Law Journal

Abstract Forthcoming.


Common Callings And The Enforcement Of Postemployment Covenants In Texas Symposium - Business Tort Litigation., William H. White Jan 1988

Common Callings And The Enforcement Of Postemployment Covenants In Texas Symposium - Business Tort Litigation., William H. White

St. Mary's Law Journal

Abstract Forthcoming.


Products Liability: An Argument For Product Line Liability In Texas Symposium - Business Tort Litigation., Charles E. Cantu, David S. Goldberg Jan 1988

Products Liability: An Argument For Product Line Liability In Texas Symposium - Business Tort Litigation., Charles E. Cantu, David S. Goldberg

St. Mary's Law Journal

In today’s fast-paced business world, buyouts, takeovers, mergers, and other acquisitions are common occurrences. As a consequence of this corporate turnover, the consumer plaintiff injured while using a defective product may find the search for the proper defendant is futile, simply because the product is now marketed by a different legal entity. Generally, the consumer has no recourse against the manufacturer of the particular product which caused the injury if that manufacturer has since dissolved. This apparent unfairness, coupled with an increase in litigation of this nature over the last decade, has led to the judicial recognition of an exception …


Franchise Litigation In Texas: Analyzing Claims And Defenses Symposium - Business Tort Litigation., John G. Lewis Jan 1988

Franchise Litigation In Texas: Analyzing Claims And Defenses Symposium - Business Tort Litigation., John G. Lewis

St. Mary's Law Journal

Abstract Forthcoming.


The Road Less Traveled: State Court Resolution Of Patent, Trademark, Or Copyright Disputes Symposium - Business Tort Litigation., Ted D. Lee, Ann Livingston Jan 1988

The Road Less Traveled: State Court Resolution Of Patent, Trademark, Or Copyright Disputes Symposium - Business Tort Litigation., Ted D. Lee, Ann Livingston

St. Mary's Law Journal

Abstract Forthcoming.


Terminating The Guardianship: A New Role For State Courts., M. P. Duncan Iii Jan 1988

Terminating The Guardianship: A New Role For State Courts., M. P. Duncan Iii

St. Mary's Law Journal

Abstract Forthcoming.


Settlement Of Disputes Within The Iea Oil Emergency Sharing System., Richard F. Scott Jan 1988

Settlement Of Disputes Within The Iea Oil Emergency Sharing System., Richard F. Scott

St. Mary's Law Journal

Abstract Forthcoming.


Unlimited Branch Banking In Texas: The Next Step In Deregulation Comment., Mark A. Giltner Jan 1988

Unlimited Branch Banking In Texas: The Next Step In Deregulation Comment., Mark A. Giltner

St. Mary's Law Journal

Abstract Forthcoming.


Copyright Protection For Intellectual Property Rights To Recombinant Deoxyribonucleic Acid: A Proposal Comment., Donna Smith Jan 1988

Copyright Protection For Intellectual Property Rights To Recombinant Deoxyribonucleic Acid: A Proposal Comment., Donna Smith

St. Mary's Law Journal

Abstract Forthcoming.


Constitutional Law - First Amendment - School Officials Entitled To Regulate Contents Of School Sponsored Newspaper In Reasonable Manner Recent Development., Christopher Nielson Forbis Jan 1988

Constitutional Law - First Amendment - School Officials Entitled To Regulate Contents Of School Sponsored Newspaper In Reasonable Manner Recent Development., Christopher Nielson Forbis

St. Mary's Law Journal

Abstract Forthcoming.


Texas Civil Procedure - Evidence Of Net Worth - Net Worth Is Discoverable And Admissible Into Evidence For The Purpose Of Assessing Punitive Damages Recent Development., Mark A. Lindow Jan 1988

Texas Civil Procedure - Evidence Of Net Worth - Net Worth Is Discoverable And Admissible Into Evidence For The Purpose Of Assessing Punitive Damages Recent Development., Mark A. Lindow

St. Mary's Law Journal

Abstract Forthcoming.


Constitutional Law - First Amendment - Public Figures And Public Officials May Not Recover For Intentional Infliction Of Emotional Distress For Publication Of Ad Parody Absent A Showing That Publication Contained A False Statement Of Fact Made With Actual Malice Recent Development., Evelyn T. Ailts Jan 1988

Constitutional Law - First Amendment - Public Figures And Public Officials May Not Recover For Intentional Infliction Of Emotional Distress For Publication Of Ad Parody Absent A Showing That Publication Contained A False Statement Of Fact Made With Actual Malice Recent Development., Evelyn T. Ailts

St. Mary's Law Journal

Abstract Forthcoming.


Texas Civil Procedure - Bill Of Review - Meritorious Defense Requirement In Bill Of Review Proceeding To Vacate Default Judgment, Without Effective Service Of Process Or Propert Notice Of Default Judgment, And Resulting In Adverse Consequences, Violates The Fourteenth Amendment's Due Process Clause Recent Development., William B. Nash Jan 1988

Texas Civil Procedure - Bill Of Review - Meritorious Defense Requirement In Bill Of Review Proceeding To Vacate Default Judgment, Without Effective Service Of Process Or Propert Notice Of Default Judgment, And Resulting In Adverse Consequences, Violates The Fourteenth Amendment's Due Process Clause Recent Development., William B. Nash

St. Mary's Law Journal

Abstract Forthcoming.


Federal Taxation - Publicly Traded Partnerships Deemed Corporations For Federal Taxation Purposes: New Internal Revenue Code Section 7704 Recent Development., Edward D. Biggers Jan 1988

Federal Taxation - Publicly Traded Partnerships Deemed Corporations For Federal Taxation Purposes: New Internal Revenue Code Section 7704 Recent Development., Edward D. Biggers

St. Mary's Law Journal

Abstract Forthcoming.


Scources Of Liberty In The Texas Bill Of Rights., Arvel (Rod) Ponton Iii Jan 1988

Scources Of Liberty In The Texas Bill Of Rights., Arvel (Rod) Ponton Iii

St. Mary's Law Journal

Many historical, economic, and philosophical forces have combined to create a uniquely “Texian” perspective on liberty that has heavily influenced the Texas Bill of Rights. The original Texas Bill of Rights was drafted in 1836, during the ascendancy of Jacksonian democracy, following the successful revolt from the military dictatorship of General Santa Anna. Texans had lived under Spanish civil law, Mexican constitutional law, a Mexican military dictatorship, English common law, and the Bill of Rights of the United States. The Texas Revolution, the fact that many Texans looked to American and English jurisprudence for guidance, the violation of many rights …


Admissibility Of Subsequent Remedial Measures As Evidence In Texas., Wendy Hunkele Jan 1988

Admissibility Of Subsequent Remedial Measures As Evidence In Texas., Wendy Hunkele

St. Mary's Law Journal

Abstract Forthcoming.


The Evolving Concept Of Preemption Removal: An Expansion Of Federal Jurisdiction., Scott Roberts Jan 1988

The Evolving Concept Of Preemption Removal: An Expansion Of Federal Jurisdiction., Scott Roberts

St. Mary's Law Journal

Federal jurisdiction based on preemption removal should extend to federal laws which meet the requirements of Franchise Tax Board v. Construction Laborers Vacation Trust and Metropolitan Life Insurance Company v. Taylor. The well-pleaded complaint rule restricts federal removal jurisdiction. The well-pleaded complaint rule requires a federal question appear on the face of the plaintiff’s complaint for federal jurisdiction to attach. Therefore, the defendant’s right to a federal forum depends upon whether the plaintiff chooses to invoke a federal claim in its complaint. Courts routinely criticize the linking of removal jurisdiction to the well-pleaded complaint rule for giving plaintiffs incentive to …


Civil Rights - Equal Protection - Race-Conscious Quotas Are Permissible Under The Equal Protection Clause Of The Fourteenth Amendment In Eliminating Discriminatory Promotional Policies Case Note., Iri I. Nathan Jan 1987

Civil Rights - Equal Protection - Race-Conscious Quotas Are Permissible Under The Equal Protection Clause Of The Fourteenth Amendment In Eliminating Discriminatory Promotional Policies Case Note., Iri I. Nathan

St. Mary's Law Journal

Abstract Forthcoming.


Article I Of The Texas Rules Of Evidence And Articles I And Xi Of The Texas Rules Of Criminal Evidence: Applicability Of The Rules, Procedural Matters, And Preserving Error., Olin Guy Wellborn Iii Jan 1987

Article I Of The Texas Rules Of Evidence And Articles I And Xi Of The Texas Rules Of Criminal Evidence: Applicability Of The Rules, Procedural Matters, And Preserving Error., Olin Guy Wellborn Iii

St. Mary's Law Journal

Abstract Forthcoming.


Bankruptcy Code Does Not Require Periodic Postpetition Payments To Undersecured Creditors For Interest On Value Of Collateral As Compensation For Delay Of Chapter 11 Reorganization Proceedings During Pendency Of Automatic Stay., Robert J. Ogle Jan 1987

Bankruptcy Code Does Not Require Periodic Postpetition Payments To Undersecured Creditors For Interest On Value Of Collateral As Compensation For Delay Of Chapter 11 Reorganization Proceedings During Pendency Of Automatic Stay., Robert J. Ogle

St. Mary's Law Journal

Abstract Forthcoming.


Texas Statutory Notice Of Lis Pendens: A Deprivation Of Property Interest Without Due Process Comment., Herbert A. Janzen Jan 1987

Texas Statutory Notice Of Lis Pendens: A Deprivation Of Property Interest Without Due Process Comment., Herbert A. Janzen

St. Mary's Law Journal

Abstract Forthcoming.


Family Law - Overview Of Significant 1987 Legislation Passed In The 70th Session Of The Texas Legislature Recent Development., Patricia A. Foster Jan 1987

Family Law - Overview Of Significant 1987 Legislation Passed In The 70th Session Of The Texas Legislature Recent Development., Patricia A. Foster

St. Mary's Law Journal

Abstract Forthcoming.


Shouting Incitement In The Courtroom: An Evolving Theory Of Civil Liability Comment., Michael P. Kopech Jan 1987

Shouting Incitement In The Courtroom: An Evolving Theory Of Civil Liability Comment., Michael P. Kopech

St. Mary's Law Journal

Civil incitement is an evolving theory, intended to ascribe liability to a publisher. Civil incitement charges that the contents of a publication proximately caused the plaintiff’s physical injury, thus holding publishers civilly liable for the physical consequences of their communications. However, the validity of civil incitement as an actionable tort clashes with the principles of freedom of speech and press embodied within the First Amendment. Incitement, as a successful cause of action, demands following the standards set out in Brandenburg v. Ohio. Prior attempts to hold publishers civilly liable for the physical consequences of their communications have rarely survived motions …


Criminal Procedure - Preventative Detention - Provision Of 1984 Bail Reform Act Permitting Pretrial Detention Of Arrestees Charged With Serious Felonies Who Are Found To Pose A Danger To The Community, Does Not, On Its Face, Violate Either The Fifth Amendment's Due Process Clause Or The Eighth Amendment's Prohibition Of Excessive Bail Recent Development., Gillian Anne Foley Jan 1987

Criminal Procedure - Preventative Detention - Provision Of 1984 Bail Reform Act Permitting Pretrial Detention Of Arrestees Charged With Serious Felonies Who Are Found To Pose A Danger To The Community, Does Not, On Its Face, Violate Either The Fifth Amendment's Due Process Clause Or The Eighth Amendment's Prohibition Of Excessive Bail Recent Development., Gillian Anne Foley

St. Mary's Law Journal

Abstract Forthcoming.


Castleberry V. Branscum: A Divided Texas Supreme Court Increases Shareholder Liability For Corporate Contractual Obligations., Michael J. Shearn, Peter M. Koelling Jan 1987

Castleberry V. Branscum: A Divided Texas Supreme Court Increases Shareholder Liability For Corporate Contractual Obligations., Michael J. Shearn, Peter M. Koelling

St. Mary's Law Journal

Abstract Forthcoming.


Interstate Banking And Branch Banking In Texas: An Overview Of The Constitutional And Statutory Provisions., Kimberly Cauthorn Jan 1987

Interstate Banking And Branch Banking In Texas: An Overview Of The Constitutional And Statutory Provisions., Kimberly Cauthorn

St. Mary's Law Journal

Abstract Forthcoming.