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Articles 991 - 1020 of 1148

Full-Text Articles in Oil, Gas, and Mineral Law

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.


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.


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 …


Deadlines And Extension Motions In Civil Appellate Litigation., Timothy Patton Jan 1988

Deadlines And Extension Motions In Civil Appellate Litigation., Timothy Patton

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 …


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 …


Landlord Implicitly Warrants That Commercial Premises Suited For Inteded Use; Tenant's Duty To Pay Rent Dependent Upon Landlord Honoring Implied Warranty., Troy (Trey) S. Martin Iii Jan 1988

Landlord Implicitly Warrants That Commercial Premises Suited For Inteded Use; Tenant's Duty To Pay Rent Dependent Upon Landlord Honoring Implied Warranty., Troy (Trey) S. Martin Iii

St. Mary's Law Journal

Abstract Forthcoming.


Rule-Making In Texas: Clarifying The Judiciary's Power To Promulgate Rules Of Civil Procedure., Bruce L. Dean Jan 1988

Rule-Making In Texas: Clarifying The Judiciary's Power To Promulgate Rules Of Civil Procedure., Bruce L. Dean

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.


In Suit By Contract Creditor, Corporate Entity May Be Disregarded Upon Showing Of Constructive Fraud When Entity Used As Sham To Perpetrate Fraud., Paul S. Leslie Jan 1987

In Suit By Contract Creditor, Corporate Entity May Be Disregarded Upon Showing Of Constructive Fraud When Entity Used As Sham To Perpetrate Fraud., Paul S. Leslie

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.


Judicial Notice Under Article Ii Of The Texas Rules Of Evidence., Olin Guy Wellborn Iii Jan 1987

Judicial Notice Under Article Ii Of The Texas Rules Of Evidence., Olin Guy Wellborn Iii

St. Mary's Law Journal

Abstract Forthcoming.


Criminal Law - Right Of Confrontation - Admission Of Pre-Trial Videotaped Testimony Of Sexually Abused Child Pursuant To Article 38.071, Section 2, Texas Code Of Criminal Procedure Violates Right Of Confrontation And Due Process Case Note., Curtis L. Cukjati Jan 1987

Criminal Law - Right Of Confrontation - Admission Of Pre-Trial Videotaped Testimony Of Sexually Abused Child Pursuant To Article 38.071, Section 2, Texas Code Of Criminal Procedure Violates Right Of Confrontation And Due Process Case Note., Curtis L. Cukjati

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.


Responding To Misrepresentations, Nondisclosures And Incorrect Assumptions About The Age Of The Accused: The Jurisdictional Boundary Between Juvenile And Criminal Courts In Texas., Robert O. Dawson Jan 1987

Responding To Misrepresentations, Nondisclosures And Incorrect Assumptions About The Age Of The Accused: The Jurisdictional Boundary Between Juvenile And Criminal Courts In Texas., Robert O. Dawson

St. Mary's Law Journal

Abstract Forthcoming.


White Oil And Greenback Dollars: An Overview Of Controversies Surrounding Production Of Gas From The Panhandle Field Of Texas., Barron W. Dowling Jan 1987

White Oil And Greenback Dollars: An Overview Of Controversies Surrounding Production Of Gas From The Panhandle Field Of Texas., Barron W. Dowling

St. Mary's Law Journal

Abstract Forthcoming.


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.


Procedural Rights And Remedies Under The Texas Property Tax Code - A Guide To The Code, Recent Amendments, And Developing Case Law., Farley P. Katz, Charles J. Muller Iii Jan 1987

Procedural Rights And Remedies Under The Texas Property Tax Code - A Guide To The Code, Recent Amendments, And Developing Case Law., Farley P. Katz, Charles J. Muller Iii

St. Mary's Law Journal

Abstract Forthcoming.


Rendering Unto Caeser: Legal Responses To Religious Nonconformity In The Armed Forces., Michael F. Noone Jr. Jan 1987

Rendering Unto Caeser: Legal Responses To Religious Nonconformity In The Armed Forces., Michael F. Noone Jr.

St. Mary's Law Journal

Abstract Forthcoming.


A New Tort For Texas: Breach Of The Duty Of Good Faith And Fair Dealing., Evelyn T. Ailts Jan 1987

A New Tort For Texas: Breach Of The Duty Of Good Faith And Fair Dealing., Evelyn T. Ailts

St. Mary's Law Journal

The concept of good faith and fair dealing as a general derivative contractual obligation remains unrecognized in Texas. However, in English v. Fischer the Texas Supreme Court recognized a duty of good faith and fair dealing exists in some contracts. Subsequent courts, including the Texas Supreme Court, have refused to apply a purely contractual obligation of good faith and fair dealing in every case. Instead, courts have recognized a good faith duty as arising out of “special” relationships of the contracting parties rather than being inherent in the contract itself. The courts focus on “special relationships” as a determinative of …


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.


Fourth Amendment Does Not Prevent Police Officers From Donducting Inventory Search Of Closed Containers, Pursuant To Standard Police Procedures, Regardless Of Whether Less Intrusive Means Exist To Achieve Inventory's Purpose., Kathryn Jo Gilliam Jan 1987

Fourth Amendment Does Not Prevent Police Officers From Donducting Inventory Search Of Closed Containers, Pursuant To Standard Police Procedures, Regardless Of Whether Less Intrusive Means Exist To Achieve Inventory's Purpose., Kathryn Jo Gilliam

St. Mary's Law Journal

Abstract Forthcoming.


The Good Faith Exception To The Exclusionary Rule: The New Federalism And A Texas Proposal., Valerie L. Eiben Jan 1987

The Good Faith Exception To The Exclusionary Rule: The New Federalism And A Texas Proposal., Valerie L. Eiben

St. Mary's Law Journal

Abstract Forthcoming.


The Parent-Child Privilege: A Response To Calls For Adoption., David A. Schlueter Jan 1987

The Parent-Child Privilege: A Response To Calls For Adoption., David A. Schlueter

St. Mary's Law Journal

Abstract Forthcoming.


The Hague Evidence Convention: A Look At Its Provisions And Its Problems Comment., Georganne G. Gregory Jan 1987

The Hague Evidence Convention: A Look At Its Provisions And Its Problems Comment., Georganne G. Gregory

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 …


Civil Rights - Rehabilitation Act Of 1973 - Individual Affected With Contagious Disease Held Handicapped And Entitled To Protection Of Section 504 Recent Development., Michael E. Hilton Jan 1987

Civil Rights - Rehabilitation Act Of 1973 - Individual Affected With Contagious Disease Held Handicapped And Entitled To Protection Of Section 504 Recent Development., Michael E. Hilton

St. Mary's Law Journal

Abstract Forthcoming.


Service Member Recovery For Military Medical Malpractice Under The Federal Tort Claims Act: A Judicial Response Comment., Keith B. Sieczkowski Jan 1987

Service Member Recovery For Military Medical Malpractice Under The Federal Tort Claims Act: A Judicial Response Comment., Keith B. Sieczkowski

St. Mary's Law Journal

Abstract Forthcoming.