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Articles 6361 - 6390 of 7955

Full-Text Articles in Legal Ethics and Professional Responsibility

Amendments To The General Law Of Business Associations., Raul S. Moreyra Jan 1993

Amendments To The General Law Of Business Associations., Raul S. Moreyra

St. Mary's Law Journal

Abstract Forthcoming.

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The North American Free Trade Agreemet And United States Employment., Roger W. Wallace, Max Scoular Jan 1993

The North American Free Trade Agreemet And United States Employment., Roger W. Wallace, Max Scoular

St. Mary's Law Journal

The North American Free Trade Agreement (NAFTA) will create new opportunities for United States firms and workers while simultaneously protecting United States workers over a 15-year timeframe. The benefits of NAFTA include eliminating conditions that currently encourage or require United States firms to invest south of the border, establishing free trade in services, and eliminating non-tariff barriers which impede United States merchandise exports to Mexico. Furthermore, NAFTA would provide an improved and expanded regional trade and investment base resulting in a boost to the global competitiveness of US products. NAFTA would also increase trade liberalization with Mexico and maintain Mexico …

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Justice Thurgood Marshall In Memoriam., Gabrielle Kirk Mcdonald Jan 1993

Justice Thurgood Marshall In Memoriam., Gabrielle Kirk Mcdonald

St. Mary's Law Journal

Abstract Forthcoming.

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Revisiting Standards Of Review In Civil Appeals - Foreword Foreword., Nathan L. Hecht Jan 1993

Revisiting Standards Of Review In Civil Appeals - Foreword Foreword., Nathan L. Hecht

St. Mary's Law Journal

Abstract Forthcoming.

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Lawyer-Bashing: It's Time To Turn The Tide Perspective., Ward Blacklock Jan 1993

Lawyer-Bashing: It's Time To Turn The Tide Perspective., Ward Blacklock

St. Mary's Law Journal

Abstract Forthcoming.

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Revisiting Standards Of Review In Civil Appeals., W. Wendell Hall Jan 1993

Revisiting Standards Of Review In Civil Appeals., W. Wendell Hall

St. Mary's Law Journal

Applying and defining the accurate standard of review determines how likely an appeal will be successful. While the proper standard of review may be easy to identify, applying the standard of review to a case is often problematic. The standards define the interactions between trial and appellate courts by distributing the power of review throughout the judicial branch. The standards of review also limit a court’s authority to determine an error by a trial court, and whether the error warrants reversal. The standard sets the requirements of substantive law and provides a means for appellate judges to weigh arguments. This …

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Transracial Adoption In Texas: Should The Best Interests Standard Be Color-Blind., Jo Beth Eubanks Jan 1993

Transracial Adoption In Texas: Should The Best Interests Standard Be Color-Blind., Jo Beth Eubanks

St. Mary's Law Journal

Legislative amendments must go further than limiting race from being a primary factor in adoptions; amendments must eliminate race as an acceptable factor. Diverging opinions of “race matching” in foster care and adoption exist. Administrative policies regulating adoption hold that same-race placement, between the adoptive parent and child, is a primary consideration when awarding custody in Texas. Basing child placement on the race or ethnicity of the parties involved raises serious constitutional concerns. The best interest standard is the predominant method in determining child placement, for both custody and adoption proceedings. The premise of the best interest standard is prioritization …

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Proof Of Attorney's Fees In Texas., Scott A. Brister Jan 1993

Proof Of Attorney's Fees In Texas., Scott A. Brister

St. Mary's Law Journal

In Texas, the complex and confusing rules defining proof of attorney’s fees require simplification. Texas, like many other states, follows the American Rule, meaning the plaintiff and defendant each pay their own attorney’s fees. The United States is the only common-law jurisdiction and virtually the only industrialized democracy following the American Rule. Two primary justifications support following the American Rule. First, the American Rule supports individuals seeking a judicial remedy by removing the obstacle of paying an opponent’s legal fees. Second, it reduces potential litigation, attendant time and expense that would be necessary to dispute legal fees if they were …

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Use Of Excessive Physical Force Against An Inmate May Constitute Cruel And Unusual Punishment Even Though The Prisoner Does Not Suffer Significant Injury., Anthony A. Avey Jan 1993

Use Of Excessive Physical Force Against An Inmate May Constitute Cruel And Unusual Punishment Even Though The Prisoner Does Not Suffer Significant Injury., Anthony A. Avey

St. Mary's Law Journal

In Hudson v. McMillian, the Supreme Court held that use of excessive physical force against an inmate may constitute cruel and unusual punishment even though the prisoner does not suffer any significant injury. The Eighth Amendment has evolved significantly since its adoption in 1791, becoming a complex line of authority which over time expanded the rights of criminals and convicts. Recent cases have attempted to mold the varying Eight Amendment standards into a more cohesive legal doctrine. These efforts were meant to clarify the doctrine of cruel and unusual punishments; however, the divergent interpretations of these decisions rendered Eighth Amendment …

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Summary Of The Convention Between The Government Of The United States Of America And The Government Of The United Mexican States For The Avoidance Of Double Taxation And The Prevention Of Fiscal Evasion With Respect To Taxes On Income., Raul S. Moreyra Jan 1993

Summary Of The Convention Between The Government Of The United States Of America And The Government Of The United Mexican States For The Avoidance Of Double Taxation And The Prevention Of Fiscal Evasion With Respect To Taxes On Income., Raul S. Moreyra

St. Mary's Law Journal

To prevent double taxation and income tax evasion, the Mexico and United States governments signed a convention in September 1992. The convention establishes when businesses may be subject to either United States or Mexico tax liabilities. Key to the application of the convention is the concept of permanent establishment. Permanent establishment is the designation given to a business situated in Mexico that transacts operations for a United States enterprise. This designation determines which nation, the United States or Mexico, will collect taxes from the business. If the business is a permanent establishment, the Mexican government will collect taxes. The types …

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Tending The Bar In Texas: Alcoholism As A Mitigating Factor In Attorney Discipline., Patricia Sue Heil Jan 1993

Tending The Bar In Texas: Alcoholism As A Mitigating Factor In Attorney Discipline., Patricia Sue Heil

St. Mary's Law Journal

This Comment describes the nature and scope of alcoholism and chemical dependency in the legal profession. It reviews the current state of the law regarding alcoholism as a mitigating factor in attorney discipline. Addictive illnesses manifest themselves in ways which leave afflicted attorneys unable to practice law in accordance with professional rules of conduct. The majority of attorney-discipline cases involve alcoholism or chemical dependency. An attorney whose illness remains untreated will likely become the subject of grievance-committee investigations. For disciplinary cases involving alcoholism, a suggested analysis includes establishing a nexus between illness and misconduct. Additionally, it includes a causal connection …

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Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen Jan 1993

Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen

Faculty Scholarship

Post-New Deal constitutionalism is in search of a theory that justifies judicial intervention on behalf of individual rights while simultaneously avoiding the charge of "Lochnerism."' The dominant historical view dismisses post-bellum substantive due process as an anomalous development in the American constitutional tradition. Under this approach, Lochner represents unbounded protection for economic rights that permitted the judiciary to read laissez faire, pro-business policy preferences into the constitutional text. Today's revisionists have mounted a substantial challenge to the dismissive views of traditionalists. Indeed, some claim Lochner reached the right result, but for the wrong reason. The revisionists characterize substantive due process …

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The Arbitration Of Private Commercial Disputes Between Residents Of Texas And Mexico., Wayne I. Fagan, Carlos Gabuardi Arreola Jan 1993

The Arbitration Of Private Commercial Disputes Between Residents Of Texas And Mexico., Wayne I. Fagan, Carlos Gabuardi Arreola

St. Mary's Law Journal

This paper evaluates whether the Texas International Arbitration Act (TIAA) will be a helpful addition to the laws governing arbitration of private commercial disputes between residents of Texas and Mexico. Owing to differences among cultures, languages, and legal systems, attorneys in the United States and in Mexico are turning to binding arbitration for the resolution of international disputes. Texas enacted an International Arbitration Act in 1989 to foster expanded international trade and facilitate resolution of international commercial disputes through conciliation and arbitration. Proponents of international arbitration argue it is the method of choice for resolution of private commercial disputes due …

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Congressional Reform: Can Term Limitations Close The Door On Political Careerism., Julia C. Wommack Jan 1993

Congressional Reform: Can Term Limitations Close The Door On Political Careerism., Julia C. Wommack

St. Mary's Law Journal

Addressing Congressional woes requires reform. Entrenched incumbency is a detriment to the legislative system. Although the enactment of initiatives restricting Congressional terms limits signal voters agree, better alternatives exist. The only prerequisites found in the Constitution for serving in Congress are age, residency, and citizenship. While the twenty-second amendment proscribes the presidential office limit maximum as two terms, no such limitations exist for a congressman or congresswoman. Sitting incumbents have substantial advantages over their challengers. Incumbents success ratio exceeds 80% in Senate races and is approximately 90% for elections in the House of Representatives. Congressional term limitations attempt to eliminate …

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Sanctifying Secrecy: The Mythology Of The Corporate Attorney-Client Privilege, Elizabeth G. Thornburg Jan 1993

Sanctifying Secrecy: The Mythology Of The Corporate Attorney-Client Privilege, Elizabeth G. Thornburg

Faculty Journal Articles and Book Chapters

This article surveys the traditional justifications for giving corporations the benefit of attorney-client privilege. It rejects both moral and utilitarian explanations and argues that, far from being beneficial or benign, the privilege actually does great harm to the truth-seeking function of litigation and imposes tremendous transaction costs on the litigants and on the judicial system as a whole.

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Specifying Grounds For Judicial Disqualification In Federal Courts., Leslie W. Abramson Jan 1993

Specifying Grounds For Judicial Disqualification In Federal Courts., Leslie W. Abramson

Faculty and Staff Scholarship

One essential component of equal justice under the law is a neutral and detached judge to preside over the court proceedings. Public confidence in the legal system is maintained when a judge has no interest in the parties, attorneys or subject matter of the litigation. Sua sponte or by motion of a party, a federal judge is subject to disqualification for conflicts of interest on both constitutional and statutory grounds

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The Scholar As Advocate, Rebecca S. Eisenberg Jan 1993

The Scholar As Advocate, Rebecca S. Eisenberg

Articles

Academic freedom in this country has been so closely identified with faculty autonomy that the two terms are often used interchangeably, especially by faculty members who are resisting restraints on their freedom to do as they please. While there may be some dispute as to whether or how far academic freedom protects the autonomy of universities or of students, the autonomy of faculty members seems to lie close to the core of the traditional American conception of academic freedom. As elaborated by the American Association of University Professors, this conception of academic freedom calls for protecting individual faculty members from …

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Industrialization In The Borderlands And The Nafta Treaty., Phillip D. Hardberger Jan 1993

Industrialization In The Borderlands And The Nafta Treaty., Phillip D. Hardberger

St. Mary's Law Journal

Abstract Forthcoming.

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Foreign Investment In Mexico From The Perspective Of The Foreign Investor., Hope H. Camp Jr., Jaime Alvarez Garibary, C. Lee Cusenbary Jr. Jan 1993

Foreign Investment In Mexico From The Perspective Of The Foreign Investor., Hope H. Camp Jr., Jaime Alvarez Garibary, C. Lee Cusenbary Jr.

St. Mary's Law Journal

A factor contributing to the continuation of the economic revolution in Mexico has been, and will continue to be, foreign investment. The liberalized foreign-investment regulations and the positive attitude of the Foreign Investment Commission (FIC) in approving foreign investment proposals promote a more favorable environment for foreign investors. The Mexican government recently completed negotiating the NAFTA, a proposed free-trade agreement with the United States and Canada. The government is now considering what additional actions may be required to compete successfully with those other nations trying to attract scarce investment funds. Opportunities for foreign investors in Mexico are brighter than they …

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Contracting In Mexico: A Legal And Practical Guide To Negotiating And Drafting., Rona R. Mears Jan 1993

Contracting In Mexico: A Legal And Practical Guide To Negotiating And Drafting., Rona R. Mears

St. Mary's Law Journal

This Article is intended as a primer in contracting for the United States attorney counseling clients doing business in Mexico. Thus, this Article begins by surveying the legal foundations of contracting in Mexico. This includes basic contract principles in Mexico’s civil-law system, the distinction between civil and commercial contracts, and procedural formalities applicable to contracts in Mexico. Following the introduction is a discussion of successful contract negotiations in Mexico, including certain cultural factors and Mexican business customs which can affect negotiations. This section includes suggestions for preparing for negotiations and managing the negotiation process to obtain the best result. Next, …

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Framing A Texas Bill Of Rights Argument., James C. Harrington Jan 1993

Framing A Texas Bill Of Rights Argument., James C. Harrington

St. Mary's Law Journal

As federal courts have allowed individual rights to diminish, the Texas judiciary nurtures state constitutional jurisprudence. Texas has a unique history requiring special care in approaching the construction and presentation of arguments utilizing the Texas Constitution or Texas Bill of Rights. The state constitution evolved over six revisions resulting with the eventual ratification of the final version in 1876. A confluence of goals ultimately resulted in a document where the bill of rights appears in Article I and by specifically framing individual liberties as affirmative rights rather than restrictions of government power. Four modes of interpretation are typically employed when …

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Property And Small-Scale Privitization In Russia., Richard C. Schneider Jr. Jan 1993

Property And Small-Scale Privitization In Russia., Richard C. Schneider Jr.

St. Mary's Law Journal

Knowing who owns what suddenly became important in Russia because of dramatic economic and market reforms of the Yeltsin government. The transfer of property, from the state to the private sector is at the heart of the reforms. It is generally recognized the “foundations of a market-based economic system are property rights and private ownership.” The purposes of this article are to (1) summarize reforms which successfully introduced a scheme of private ownership in Russia, as demonstrated by the Nizhny Novgorod experiment, and (2) discuss those property rights which remain unclear. Accordingly, the second and third parts of the article …

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Judging In The Quiet Of The Storm., Shirley S. Abrahamson Jan 1993

Judging In The Quiet Of The Storm., Shirley S. Abrahamson

St. Mary's Law Journal

Justice Benjamin Cardozo evaluates the elements he believes motivate judges in deciding cases in The Nature of the Judicial Process. Judge Cardozo focuses primarily on common-law courts deciding common-law cases. Although state-court dockets cover a wider variety of topics today and the legal landscape has changed, The Nature of the Judicial Process remains influential. The basis of Judge Cardozo’s approach is to first extract principles from past cases and apply them to new fact situations. Cardozo refers to this process as the method of philosophy. As precedent cannot readily solve all new disputes, this process may require judges select from …

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The Great Speech Perspective., Jon Larsen Shudlick Jan 1993

The Great Speech Perspective., Jon Larsen Shudlick

St. Mary's Law Journal

Abstract Forthcoming.

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Jurors May Not Pose Written Questions To Witnesses In Criminal Cases., Mark C. Robertson Ii Jan 1993

Jurors May Not Pose Written Questions To Witnesses In Criminal Cases., Mark C. Robertson Ii

St. Mary's Law Journal

Abstract Forthcoming.

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A License To Kill: The Categorical Exemption Of The Mentally Retarded From The Death Penalty., David L. Rumley Jan 1993

A License To Kill: The Categorical Exemption Of The Mentally Retarded From The Death Penalty., David L. Rumley

St. Mary's Law Journal

This Comment will show there is no merit to the argument the Eighth Amendment prohibits the imposition of capital punishment on all persons considered mentally retarded. This Comment begins with an overview of the historical treatment of mental disabilities, articulating the levels of mental deficiency required for exculpation of criminal responsibility. Next, this Comment discusses the characteristics of persons with mental retardation. This Comment will also discuss the recently enacted statutes’ use of I.Q. tests for determinations of mental retardation. In analyzing these statutes, it becomes apparent a person’s I.Q. should not be prima-facie proof of mental retardation, although state …

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A Note To Our Readers, The Editors Jan 1993

A Note To Our Readers, The Editors

Touro Law Review

No abstract provided.

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Right To Confrontation Jan 1993

Right To Confrontation

Touro Law Review

No abstract provided.

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Right To Counsel Jan 1993

Right To Counsel

Touro Law Review

No abstract provided.

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Right To Be Present Jan 1993

Right To Be Present

Touro Law Review

No abstract provided.

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