Browse Items (300 total)

DocketCallMay2000at1.pdf
Not surprisingly, courts tend to treat a guilty plea as a waiver of all but the most serious defects. This view is quite defensible as an efficient and just allocation of scarce judicial resources. The guilty-pleading defendant can't have it both…

43TexEnvtlLJ257.pdf
This paper evaluates the Day decision through the lens of past court decisions and legislation in an effort to understand why the court ruled as it did. Part II introduces Texas’s groundwater resources, current uses of that water, and present…

STMU_HomecomingCLE2014Fajardo.pdf
This session will cover best practices for structuring fee agreements with clients, recovering attorney fees during settlement or trial, and evaluating cases for representation where fee-shifting statutes are available.

STMU_HomecomingCLE2014Ariens.pdf
American lawyers have struggled with their role and status as professionals in a democratic society since the United States became a nation. This presentation will discuss how lawyers have proposed standards of ethics that protect and defend their…

STMU_HomecomingCLE2013Summers.ppt
America's use of force regarding Afghanistan, Iraq, and Libya as well as the threat of force in the persistent conflicts with Iran and North Korea will be discussed. These events illustrate the inextricable linkage between international ethics,…

STMU_HomecomingCLE2013Scott.pdf
L. Wayne Scott, Professor of Law and Director of ADR Studies During this session, the most important cases decided by the Texas Supreme Court during the past year and thoughts concerning the future direction of the court will be presented.

STMU_HomecomingCLE2013Schlueter.pdf
Recent Texas, and some federal cases, addressing the admissibility of lay and opinion testimony in both civil and criminal cases in Texas will be examined. The respective roles of the trial judge, the proponent and the opponent in dealing with…

STMU_HomecomingCLE2013Reamey.pdf
In 2006, the U.S. Supreme Court approved the use of “anticipatory search warrants.” Texas law, however, says nothing about such warrants and no Texas court has decided whether such a warrant, issued by a state magistrate, is valid. Despite this…

STMU_HomecomingCLE2013Randtke.pptx
Communication, business and day-to-day life takes place increasingly online. With these activities, evidence has moved online, too. Social networking, corporate press releases, and photographs are often sent out only in electronic form. Here today…

STMU_HomecomingCLE2013Piatt.pdf
Bill Piatt , Professor of Law Based on his recently-published book, “Catholic Legal Perspectives,” the presentation will examine the law, and the Catholic perspective, regarding family law matters, life and death issues, immigration, and social…

STMU_HomecomingCLE2013MartinezDetweiler.pptx
This program emphasizes cost effective techniques for Internet legal research. Topics include strategy for free legal research, website evaluation and information particular to solo practitioners.

STMU_HomecomingCLE2013Liu.ppt
This presentation examines the development of the “forum non conveniens” doctrine, and the reasons why China is neither an available or adequate forum for class action cases involving environmental damages, especially with a Multi-National…

STMU_HomecomingCLE2013KauffmanBexhibits.pdf
Exhibits used by MALDEF at argument Feb. 4, 2013. Kauffman, who worked on the Texas School finance litigation for 20 years, will describe the basis for the district court decision and how those issues might be resolved by the Texas Supreme Court.

STMU_HomecomingCLE2013KauffmanAjudgment.pdf
Exhibits used by Texas Taxpayer and Student Fairness parties at argument Feb. 4, 2013. Kauffman, who worked on the Texas School finance litigation for 20 years, will describe the basis for the district court decision and how those issues might be…

STMU_HomecomingCLE2013KauffmanAexhibitsMALDEF.pdf
Judgement holding Texas school finance system unconstitutional, Feb. 4, 2013. Kauffman, who worked on the Texas School finance litigation for 20 years, will describe the basis for the district court decision and how those issues might be resolved by…

STMU_HomecomingCLE2013Hardberger.ppt
Water and energy are indivisibly linked and interwoven into every aspect of our culture and lifestyle; however, the relationship between water and energy is not understood and almost wholly unregulated. This can threaten the sustainability and…

STMU_HomecomingCLE2013Fajardo.pptx
This session will cover best practices for structuring fee agreements with clients, recovering attorney fees during settlement or trial, and evaluating cases for representation where fee-shifting statutes are available.

STMU_HomecomingCLE2013Dittfurth.pdf
This presentation will focus on the various remedies by which the law allows a plaintiff the benefits of restitution. The Texas law of restitution prevents the unjust enrichment of parties through various remedial devices. The most traditional is…

STMU_HomecomingCLE2013Addicott.pdf
The presentation will examine the activities of the Center of Terrorism Law, which was founded in 2003, over the past ten years. Discussion will include U.S. Patriot Act, War Powers, USNORTHCOM, Congressional, Executive, and Judicial actions, and…

STMU_HomecomingCLE2012Summers.ppt
This presentation will address America's use of force regarding Afghanistan, Iraq, and Libya as well as the threat of force in the persistent conflicts with Iran and North Korea. These events illustrate the inextricable linkage between international…

STMU_HomecomingCLE2012KauffmanCimmigrationPaper.docx
This presentation will focus on the arguments and upcoming decision on appeals of the Affordable Health Care Act, the Arizona immigration enforcement statute, and the Texas Redistricting Decision.

STMU_HomecomingCLE2012KauffmanBvotingRights.docx
This presentation will focus on the arguments and upcoming decision on appeals of the Affordable Health Care Act, the Arizona immigration enforcement statute, and the Texas Redistricting Decision.

STMU_HomecomingCLE2012KauffmanAoverview.docx
This presentation will focus on the arguments and upcoming decision on appeals of the Affordable Health Care Act, the Arizona immigration enforcement statute, and the Texas Redistricting Decision.

STMU_HomecomingCLE2012Johnson.docx
The great current debate in American tort law is whether the so-called "economic loss rule" bars claims for negligence that causes purely economic losses unaccompanied by personal injuries or property damages. This session will discuss the Texas…

STMU_HomecomingCLE2012HoseyLeopold.pdf
A discussion covering conveyances of real property interests, the Texas recording statutes, notice of unrecorded instruments, due diligence in oil and gas transaction, and drafting considerations for purchase and sale agreements.

STMU_HomecomingCLE2012Dittfurth.doc
The substance of the presentation will consist of a discussion of issues, arising under Texas law, concerning the existence of an independent cause of action for unjust enrichment. In addition, the Texas rules concerning the various remedies of…

STMU_HomecomingCLE2012Addicott.pdf
This lecture will discuss current and emerging legal and policy issues in the “War on Terror” to include Rules of Engagement, Military Commissions, Enemy Combatant designations, and other issues that the Center for Terrorism Law is currently…

STMU_HomecomingCLE2011Summers.pdf
The U.S. practice of international law governing the use of force coupled with simultaneous attempts to conform to international ethical norms will be the focus of this session. The issue is whether current legal and ethical frameworks are sufficient…

STMU_HomecomingCLE2011Scott.pdf
This session will include the most important cases decided by the Texas Supreme Court during the past year and thoughts concerning the court's future direction.

STMU_HomecomingCLE2011Schlueter.pdf
Explore recent Texas, and some federal cases, addressing the admissibility of lay and opinion testimony in both civil and criminal cases, as well as the respective roles of the trial judge, the proponent and the opponent in dealing with opinion…

STMU_HomecomingCLE2011Reams.pdf
With the advent of the Patient Protection and Affordable Act, Pub. L. No. 111-148 (2010), many questions have begun to be litigated by the states challenging its constitutionality as exceeding Congressional power under the Commerce Clause and the…

STMU_HomecomingCLE2011Reamey.pdf
The Fourth Amendment permits a search warrant to issue to look for contraband in a specified location, even if the contraband is known NOT to be in that location when the warrant is issued. Such warrants are issued in "anticipation" of the evidence…

STMU_HomecomingCLE2011MartinezStein.pdf
Ideal for solo practitioners and small firms, the program will review free and low-cost research platforms, demonstrate effective use of Texas and federal government resources, and review best practices for efficient searching.

STMU_HomecomingCLE2011Hartigan.pdf
The presentation will include a number of attorney discipline cases from 2010 in various jurisdictions. The cases will apply broadly to attorney misconduct. Ethics: 1

STMU_HomecomingCLE2011Dittfurth.pdf
This presentation will concern civil liability based on the need to prevent unjust enrichment, which yields one of the various restitutionary remedies.

STMU_HomecomingCLE2011Addicott.pdf
Society's dependency on the workings of cyberspace provides opportunities for criminals, terrorists, and even corporate insiders to conduct malicious activities. Accordingly, significant changes have taken place in terms of the expansion of federal…

2000BYULRev1677.pdf
How taxpayers determine the amount of money on which they must pay taxes is an uneasy question because this amount, gross income, has never been conclusively defined. In the case of Preslar v. Commissioner, the Tenth Circuit examined this “disputed…

11NevLJ139.pdf
This Article examines two prototypical surprise liens—federal estate tax liens and mechanics’ liens—and proposes that these are indicative of a trend wherein modern lawmakers are increasingly tolerant of surprise liens. This Article then…

2013BYULRev825.pdf
In the wake of AT&T Mobility LLC v. Concepcion, parties opposing enforcement of an arbitration agreement with a class waiver increasingly relied on the prohibitive-costs-based vindication of statutory rights defense. The Supreme Court recently held…

45UMichJLReform561.pdf
The subject of this Article is people who have been civilly committed under a state’s parens patriae authority to care for those who are unable to care for themselves. These are people who, because of a mental illness, are a danger to themselves.…

44ConnLRev53.pdf
Despite being routinely underfunded, lawyer disciplinary processes must operate in ways that merit the confidence of both society at large and the American legal profession. This means that those who participate in lawyer grievance adjudication must…

20SCalInterdiscLJ51.pdf
Over twenty years ago, Jacques Derrida visited the University of Nebraska. My colleague at the Law School, John Snowden, kindly gave me his place on the roundtable of Nebraska scholars who gathered to talk with Derrida. Not yet feeling “at home”…

41TexIntlLJ533.pdf
The importance of water is difficult to quantify, but because it is necessary for survival, it deserves recognition as a human right. Although the right to water has received considerable attention, it has not yet achieved the status of customary…

35TexTechLRev1212.pdf
Two aspects of groundwater require examination. The first issue is use and allocation. The second issue is protecting groundwater from contamination and pollution. The purpose of this comment is to demonstrate the immediate need for regional…

18YBIntlEnvtlL96.pdf
This article focuses on the governance of transboundary groundwater resources in North America. It begins by identifying and reviewing various arrangements over transboundary aquifers between Mexico and the United States , between Canada and the…

6SantaClaraJIntlL129.pdf
This paper evaluates the role of ethics in decision-making and how it could impact water resource management. Part II provides an overview of ethics, its sources, and how it can impact decisions and policy. Part III examines ethical theories that…

39VillLRev773.pdf
This Article analyzes the relevant ethical mandates and the history of postemployment restrictive covenants between lawyers. In so doing, this Article raises and answers questions concerning the traditional position taken by lawyers. First, Part II…

35AkronLRev31.pdf
The cornerstone of tort law in our Anglo-American system of jurisprudence is based upon three generally accepted principles. The first is that by awarding any individual monetary damages after their injury, we can make them whole, and the second is…

62UKanLRev97.pdf
Mineral deeds present a list of perennial interpretative problems, which create uncertainty about ownership rights in mineral estates and the proceeds from the sale of oil and gas production. Although the list is long, in this article I address the…

15JLegalProf329.pdf
Shark Tank might better have been subtitled "The Story of How Steven Kumble Did It His Way and Look Where It Got Him." Shark Tank is mildly diverting entertainment, designed for lawyers and other professionals, and businessmen to peruse at the beach.…
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