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Articles 1111 - 1140 of 1939

Full-Text Articles in State and Local Government Law

Clouded Judgment: The Implications Of Smith V. Merritt In The Realm Of Social Host Liability And Underage Drinking In Texas Perspective., Sabrina A. Hall Jan 1998

Clouded Judgment: The Implications Of Smith V. Merritt In The Realm Of Social Host Liability And Underage Drinking In Texas Perspective., Sabrina A. Hall

St. Mary's Law Journal

This Perspective evaluates the contradiction created by the Texas Supreme Court in Smith v. Merritt as well as its implications on social host liability in Texas. Smith creates serious ramifications regarding alcohol consumption and liability. In Smith, the Court held a social host is not liable for providing alcohol to a guest over the age of eighteen, regardless of whether the guest is under the minimum drinking age. Specifically, this Perspective critically analyzes the court’s holding, focusing on the inequities produced by permitting a social host to provide alcohol to individuals between the ages of eighteen and twenty-one without being …

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Texas Groundwater: Reconciling The Rule Of Capture With Environmental And Community Demands Comment., Stephanie E. Hayes Lusk Jan 1998

Texas Groundwater: Reconciling The Rule Of Capture With Environmental And Community Demands Comment., Stephanie E. Hayes Lusk

St. Mary's Law Journal

In order to avert the depletion of water resources, many states have attempted to enact legislation aimed at promoting water conservation. Such legislation has been known to conflict with outdated principles of property ownership, namely the rule of capture. The rule of capture vests landowners with property rights in water located directly beneath their land. Texas categorizes water based on whether the water flows above or below the surface. Surface water is typically the property of the state, with property owners having no possessory interest in the surface water. Yet, the opposite is true for groundwater, where all rights to …

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Due Process, Court Of Appeals: Daxor Corporation V. New York State Department Of Health Jan 1998

Due Process, Court Of Appeals: Daxor Corporation V. New York State Department Of Health

Touro Law Review

No abstract provided.

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Killing Kids Who Kill: Desecrating The Sanctuary Of Childhood Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Richard Burr, Mandy Welch Jan 1998

Killing Kids Who Kill: Desecrating The Sanctuary Of Childhood Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Richard Burr, Mandy Welch

St. Mary's Law Journal

Abstract Forthcoming.

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Juries Under Siege., Phil Hardberger Jan 1998

Juries Under Siege., Phil Hardberger

St. Mary's Law Journal

Beginning in the late 1980s, the Texas Supreme Court saw a slew of conservative judges elected to the bench. With this new Court, previous expansions of the law were stopped. Jury verdicts became highly suspect and were frequently overturned for a variety of reasons. Damages too did not go unnoticed. Juries’ assessments were wiped out by increasingly harsher standards. The ripple effect of the Court’s conservative philosophy on the judicial process was substantial. Jury verdicts, few as they may be, are not subject to harsh scrutiny by conscientious appellate judges sworn to follow the Texas Supreme Court’s precedent. And the …

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Indictments And Informations In Texas: The Conduct/Evidence Pleading Conundrum., Robert R. Barton Jan 1998

Indictments And Informations In Texas: The Conduct/Evidence Pleading Conundrum., Robert R. Barton

St. Mary's Law Journal

In the prosecution of a criminal case in Texas, the State’s primary pleading is an indictment or information. In an indictment or information, there are two basic rules for the charging of an offense. First, the defendant must be given adequate notice to prepare a defense and to plead the judgment from the trial of the case in bar to a subsequent prosecution for the same offense. Second, the State is not required to plead evidentiary matters. The simplicity of these rules exists more in their statement than in their application because circumstances exist which require the State to plead …

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Every Category Of Provider: Hindsight Is 20/20 Vision, Melanie K. Curtice Jan 1997

Every Category Of Provider: Hindsight Is 20/20 Vision, Melanie K. Curtice

Seattle University Law Review

This Comment contends that if the "Every Category of Provider" statute had been properly limited, as intended and not as interpreted, it would not have met its ultimate fate of ERISA preemption. In order to show how this public interest legislation could remain in effect and provide at least minimal statutory support for consumer choice, an overview of Washington state health care reform, ERISA preemption, and the federal district court decision preempting the statute is necessary. In Part I, this Comment provides a brief history of the "Every Category of Provider" statute and the Bulletin. Part II contains a summary …

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Fetal Tissue Research: State Regulation Of The Donation Of Aborted Fetuses Without The Consent Of The Mother, 31 J. Marshall L. Rev. 277 (1997), Christie A. Seifert Jan 1997

Fetal Tissue Research: State Regulation Of The Donation Of Aborted Fetuses Without The Consent Of The Mother, 31 J. Marshall L. Rev. 277 (1997), Christie A. Seifert

UIC Law Review

No abstract provided.

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Second Hand Smoke And Child Custody Determinations--A Relevant Factor Or A Smoke Screen?, Merril Sobie Jan 1997

Second Hand Smoke And Child Custody Determinations--A Relevant Factor Or A Smoke Screen?, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

The thesis of this brief article is simply that the tobacco habits of a parent are relevant and worthy of consideration when a child is asthmatic, or suffers from some other definable medical condition which would be exacerbated by passive smoke. However, when the child is healthy and there exists no definitive short-term medical risk, the issue should be irrelevant. In other words, the court should consider those factors, and only those factors, which are of significant importance to the child, such as stability, caretaker skills, home environment and the child's wishes. Concededly, second-hand smoke is harmful even to a …

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Hiv And Aids Test Results And The Duty To Warn Third Parties: A Proposal For Uniform Guidelines For Texas Professionals Comment., Tammy R. Wavle Jan 1997

Hiv And Aids Test Results And The Duty To Warn Third Parties: A Proposal For Uniform Guidelines For Texas Professionals Comment., Tammy R. Wavle

St. Mary's Law Journal

Professionals in Texas are increasingly faced with the issues of if and when they must disclose infection of the Human Immunodeficiency Virus (HIV), and if they may be held liable for failing to disclose a known infection. These professionals must deal with conflicting guidance from the courts and legislature. The source of confusion is the conflict between the common-law duty to warn identifiable third parties of the dangers posed to them and the Texas statute governing confidentiality of test results for Acquired Immune Deficiency Syndrome (AIDS). The Communicable Disease Prevention and Control Act (CDPCA) mandates disclosure of positive test results …

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So Long Sweetheart - State Farm Fire & (And) Casualty Co. V. Gandy Swings The Pendulum Further To The Right As The Latest In A Line Of Setbacks For Texas Plaintiffs., Timothy D. Howell Jan 1997

So Long Sweetheart - State Farm Fire & (And) Casualty Co. V. Gandy Swings The Pendulum Further To The Right As The Latest In A Line Of Setbacks For Texas Plaintiffs., Timothy D. Howell

St. Mary's Law Journal

Some legal commentators would analogize the description of the prisoner of The Pit and the Pendulum to modern tort law and policy. Like a pendulum, tort law is always in motion, swinging between two ideologies: those being the plaintiff-oriented rights of the 1970s-80s, and the tort-reforms which began in the mid-80s. This trend continued until the 1990s and the decision of State Farm Fire & Casualty Co. v. Gandy where Texas plaintiffs began experiencing setbacks. The Gandy decision likely curtails the use of the “sweetheart deal” a practice, in which an insured defendant first settles with the plaintiff, then assigns …

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Doing Justice: A Challenge For Catholic Law Schools Essay., Grace M. Walle Jan 1997

Doing Justice: A Challenge For Catholic Law Schools Essay., Grace M. Walle

St. Mary's Law Journal

The numerous allegations of misconduct against high-ranking United States political figures and the associated attorneys are disheartening, but even more disconcerting is the general public’s acquiescence to these ethical deviations. The common assumption that “all lawyers are crooks” fails to outrage anyone. The fact most, if not all, recent ethical violators attended law schools and began their political careers as lawyers prompts questions of the legal education process. Understanding what justice encompasses may begin in books and the classroom, but justice in legal practice requires far more. The aspiration of “doing justice” may stem from religious belief, but this goal …

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Defining The Limits Of Federal Court Jurisdiction Over States In Bankruptcy Court., Patricia L. Barsalou Jan 1997

Defining The Limits Of Federal Court Jurisdiction Over States In Bankruptcy Court., Patricia L. Barsalou

St. Mary's Law Journal

Sovereign immunity jurisprudence has always been a confusing jumble of assumptions which seem incomprehensible. Despite the confusion, understanding sovereign immunity has become more important in the wake of the United States Supreme Court’s decision in Seminole Tribe of Florida v. Florida. The constitutional issues raised in Seminole Tribe amount to a reinterpretation of the fundamental balance of power between federal and state governments and the power of Congress to affect that balance. Not all sovereign immunity is sovereign immunity. Many courts use the term to identify both the common-law doctrine and the “immunity” granted to the states through the Eleventh …

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The Food And Drug Administration's Final Rule On Tobacco Advertising Is All Butt Final: Commercial Speech Doctrine Will Be Tested Once More Under A Stricter Central Hudson Analysis In The Aftermath Of 44 Liquormart, Inc. V. Rhode Island Comment., Joe R. Hinojosa Jan 1997

The Food And Drug Administration's Final Rule On Tobacco Advertising Is All Butt Final: Commercial Speech Doctrine Will Be Tested Once More Under A Stricter Central Hudson Analysis In The Aftermath Of 44 Liquormart, Inc. V. Rhode Island Comment., Joe R. Hinojosa

St. Mary's Law Journal

In 1996 the Food and Drug Administration (FDA) promulgated regulations affecting the advertising, sale, and promotion of tobacco. President Clinton supported the FDA’s claim it has the power to regulate tobacco products not as drugs, but as medical delivery devices of nicotine. Meaning tobacco sellers, retailer, distributors, and manufacturers would be subject to strict rules concerning how and where tobacco products may be advertised, distributed, and promoted. Despite the FDA’s claims, these measures were oriented toward discouraging children from smoking. Opponents of the regulations claim the restrictions constitute blatant infringement of commercial speech. The FDA argues that while advertising is …

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Franklin S. Spears: A Proud Legacy To Texas Jurisprudence In Memoriam., James L. Branton Jan 1997

Franklin S. Spears: A Proud Legacy To Texas Jurisprudence In Memoriam., James L. Branton

St. Mary's Law Journal

Abstract Forthcoming.

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Justice Franklin S. Spears: Unsung Hero Of Texas Justice In Memoriam., Thomas R. Phillips Jan 1997

Justice Franklin S. Spears: Unsung Hero Of Texas Justice In Memoriam., Thomas R. Phillips

St. Mary's Law Journal

Abstract Forthcoming.

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Justice Franklin S. Spears: A Son's Perspective On His Father In Memoriam., Carleton B. Spears Jan 1997

Justice Franklin S. Spears: A Son's Perspective On His Father In Memoriam., Carleton B. Spears

St. Mary's Law Journal

Abstract Forthcoming.

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Professional Responsibility And The Litigator: A Comprehensive Guide To Texas Disciplinary Rules 3.01 Through 4.04., Barbara Hanson Nellermoe, Fidel Rodriguez Jr. Jan 1997

Professional Responsibility And The Litigator: A Comprehensive Guide To Texas Disciplinary Rules 3.01 Through 4.04., Barbara Hanson Nellermoe, Fidel Rodriguez Jr.

St. Mary's Law Journal

In 1991, the Texas Supreme Court addressed the issue of widespread discovery abuse. Technological advancements have brought new challenges to an attorney’s conduct in litigation and in the discovery process. The Texas Code of Professional Responsibility was repealed in 1990 and was replaced by Article 10, § 9 of the State Bar Rules (the Texas Disciplinary Rules of Professional Conduct). The Order of Adoption of the Texas Lawyer’ Creed states “the conduct of a lawyer should be characterized at all time by honest, candor, and fairness.” It is therefore mandatory for attorneys to refrain from engaging in conduct involving dishonesty, …

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The Mutation Of Choice Recent Development., Kathleen A. Cassidy Goodman Jan 1997

The Mutation Of Choice Recent Development., Kathleen A. Cassidy Goodman

St. Mary's Law Journal

Abstract Forthcoming.

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A Tortured Construction: The Illegal Immigration Reform And Immigrant Responsibility Act's Express Bar Denying Criminal Aliens Withholding Of Deportation Defies The Principles Of International Law Comment., Bobbie Marie Guerra Jan 1997

A Tortured Construction: The Illegal Immigration Reform And Immigrant Responsibility Act's Express Bar Denying Criminal Aliens Withholding Of Deportation Defies The Principles Of International Law Comment., Bobbie Marie Guerra

St. Mary's Law Journal

The United States has never fully complied with international agreements concerning refugee’s rights to not be returned to a country where he or she faces certain threats of torture. This lack of compliance by the United States is exacerbated by two conflicting interests: the growing insistence on keeping aliens outside the nation’s borders and protecting international refugees who endure gross violations of their human rights. The recent amendments to the Immigration and Nationality Act (INA) provide a contemporary example of the volatility and inconsistency of the United States’ immigration policy. In April 1996, Congress enacted the Antiterrorism and Effective Death …

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Distinguishing Fong Yue Ting: Why The Inclusion Of Perjury As An Aggravated Felony Subjecting Legal Aliens To Deportation Under The Antiterrorism And Effective Death Penalty Act Violates The Eighth Amendment Comment., Gregory L. Ryan Jan 1997

Distinguishing Fong Yue Ting: Why The Inclusion Of Perjury As An Aggravated Felony Subjecting Legal Aliens To Deportation Under The Antiterrorism And Effective Death Penalty Act Violates The Eighth Amendment Comment., Gregory L. Ryan

St. Mary's Law Journal

Responding to the terrorist bombing in Oklahoma City, Congress spent several months researching and discussing the best ways to strengthen the United States’ ability to deter and punish terrorism. In 1996, Congress sent a bill to the President designed to make the country safer, and President Clinton signed the bill into law: The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). The AEDPA mandates a foreign national convicted of perjury be deported. Tucked away in the middle of the AEDPA, strict sanctions are imposed on noncitizens who commit perjury or subordination of perjury. In an attempt to strengthen the …

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Anti-Immigrant Backlash And The Role Of The Judiciary: A Proposal For Heightened Review Of Federal Laws Affecting Immigrants Comment., Valerie L. Barth Jan 1997

Anti-Immigrant Backlash And The Role Of The Judiciary: A Proposal For Heightened Review Of Federal Laws Affecting Immigrants Comment., Valerie L. Barth

St. Mary's Law Journal

The hostile environment in the United States toward immigrants, as indicated by the Welfare Reform Act and Proposition 187, calls for a more meaningful judicial review of laws affecting immigrants. Although subjecting the federal government’s actions regarding immigrants to heightened review might seem to be a radical step, this Comment will explain why such a move is necessary. Part II discusses historical justifications for subjecting state and federal laws affecting immigrants to different levels of scrutiny under the Equal Protection Clause. Part III presents arguments for labeling immigrants a “suspect” class. Part IV considers the constitutionality of the Welfare Reform …

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The Fourteenth Amendment And Title Ix: A Solution To Peer Sexual Harassment Comment., Connie C. Flores Jan 1997

The Fourteenth Amendment And Title Ix: A Solution To Peer Sexual Harassment Comment., Connie C. Flores

St. Mary's Law Journal

Despite the high occurrence of sexual harassment in schools, many school officials, who are aware of the abuse, do nothing to prevent it. Yet, some officials are beginning to recognize peer abuse is not acceptable due to the detrimental effects on students. As a result, many schools have implemented successful programs to prevent peer harassment. Furthermore, when schools have not responded adequately to the problem, student victims have turned to the courts, suing schools for failure to ensure an environment free from discrimination. Although victims have had little success in taking these cases to court, constitutional and statutory provisions exist …

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The U.S. Attorney: Fateful Powers Limited Essay., Tom Rickhoff Jan 1997

The U.S. Attorney: Fateful Powers Limited Essay., Tom Rickhoff

St. Mary's Law Journal

Nothing more separates the United States from some of history’s most ruthless and resourceful enemies, the Mexican drug syndicates, than an intermittent trickle of water. In spite of this crisis, the U.S. Attorney’s Office has languished without a presidentially-appointed leader since the Branch Davidian nightmare. Considering the historical influence of the U.S. Attorney’s office, the current situation in the Western District of Texas is somewhat surprising. At one time, U.S. Attorneys exercised almost total discretion as to how the federal government impacted the lives of the powerful as well as the powerless. One of the primary obstacles in restoring effective …

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Of Ivory Columns And Glass Ceilings: The Impact Of The Supreme Court Of The United States On The Practice Of Women Attorneys In Law Firms Comment., Nancy L. Farrer Jan 1997

Of Ivory Columns And Glass Ceilings: The Impact Of The Supreme Court Of The United States On The Practice Of Women Attorneys In Law Firms Comment., Nancy L. Farrer

St. Mary's Law Journal

This Commentary examines the effect United States Supreme Court decisions on sex discrimination in the legal profession. Discrimination against women currently appears to be alive and well in the legal field. Decisions like Bradwell v. Illinois and In re Lockwood frustrated women attorneys for over a century, allowing states to determine women were unfit for occupations in areas like law. Hishon v. King & Spalding, and later, Price Waterhouse v. Hopkins, applied Title VII protections to evaluations of potential law firm partners—a process previously closed and unassailable for most of the history of the legal profession. More recently, Harris v. …

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The Antiterrorism Act, The Immigration Reform Act, And Ideological Regulation In The Immigration Laws: Important Lessons For Citizens And Noncitizens., Kevin R. Johnson Jan 1997

The Antiterrorism Act, The Immigration Reform Act, And Ideological Regulation In The Immigration Laws: Important Lessons For Citizens And Noncitizens., Kevin R. Johnson

St. Mary's Law Journal

This Article analyzes how the Antiterrorism Act and the Immigration Reform Act reflect a larger historical dynamic in the relationship between domestic subordination and immigration law. The U.S. government historically employed immigration laws in an effort to protect the established political and social order. History reveals a strong correlation between the severe treatment politically subversive U.S. citizens received and the constriction of the immigration laws. This Article argues the lack of constitutional protections for noncitizens helps to explain the recurrent backlash against them. The treatment of noncitizens suggests how far the government might go to suppress domestic political dissent by …

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Title Iii Of The Violence Against Women Act: The Answer To Domestic Violence Or A Constitutional Time-Bomb Comment., Yvette J. Mabbun Jan 1997

Title Iii Of The Violence Against Women Act: The Answer To Domestic Violence Or A Constitutional Time-Bomb Comment., Yvette J. Mabbun

St. Mary's Law Journal

The Violence Against Women Act (VAWA) was enacted in 1994 to combat the growing and widespread epidemic of domestic violence. Congressional committees assigned to study this epidemic found that violent attacks by men topped the list of dangers to an American woman’s health. In an attempt to raise society’s awareness of the problem of violence against women and to ameliorate the victimization of women, Congress enacted VAWA. Specifically, Title III of VAWA establishes a federal civil right for victims of violent, gender-motivated crimes. These provide victims with either injunctive or monetary compensation. Consequently, there have been questions about the constitutionality …

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The Interaction Of The Division Order And The Lease Royalty Clause., Laura H. Burney Jan 1997

The Interaction Of The Division Order And The Lease Royalty Clause., Laura H. Burney

St. Mary's Law Journal

Because lease royalty clauses, which establish the obligation of the lessee to pay royalties to the lessor, generally fail to include the details necessary to calculate a lessor’s royalty, lessee or third party purchasers historically have implemented a division order. An additional document in the payment process, the division order protects against a lessee or third party purchaser’s liability for conversion or failure to account properly. Recent court of appeals and Supreme Court of Texas opinions provide an analysis of the interaction of the lease royalty clause and the division order under Texas statutory and case law. The awkward wording …

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The Prospects For Challenging U.S. Nuclear Weapons Policy In Light Of The World Court's Advisory Opinion On The Legality Of The Threat Or Use Of Such Weapons Comment., Stephen Gordon Jan 1997

The Prospects For Challenging U.S. Nuclear Weapons Policy In Light Of The World Court's Advisory Opinion On The Legality Of The Threat Or Use Of Such Weapons Comment., Stephen Gordon

St. Mary's Law Journal

In an opinion, the World Court concluded “the threat or use of nuclear weapons would generally be contrary to the rules of international law,” the only exception being “in an extreme circumstance of self-defense, where survival of a State is at stake.” The Court’s opinion could read as prohibiting the most common ways the United States incorporated nuclear weapons into its defense strategy. First, it may prevent the United States from using such weapons again legally. Second, if the opinion does not render using nuclear weapons illegal in all circumstances, it might prohibit the United States from ever being the …

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Immigration Reform: Seeking The Right Reasons., Lamar Smith, Edward R. Grant Jan 1997

Immigration Reform: Seeking The Right Reasons., Lamar Smith, Edward R. Grant

St. Mary's Law Journal

The legacy of immigration to the United States permeates the debate over current immigration policy. Because our self-definition as a nation is at stake in this debate, the issue of immigration arouses our deepest sentiments regarding the communities in which we live. We do not need to search far back in our history to find examples of imprudent law-making. Both the 1924 and 1925 immigration laws were motivated in large part by purposes which eventually undermined the principles on which they rested. These acts serve as prime examples of how employing erroneous reasons to enact even well-intentioned laws can be …

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