Browse Items (300 total)

20GeoJOnPovertyLAndPoly429.pdf
This Article argues that the changes in Texas law in 1995, 2001 , and 2005 created significant new protections for purchasers but created new problems and left several areas still in need of attention. Leveling the playing field, in short, was not…

34StMaryULJ737.pdf
Does an attorney owe a client a duty or "absolute and perfect candor?" More than a dozen recent cases from Texas, California, Oklahoma, and the District of Columbia ha\e used this phrase to describe an attorney's fiduciary obligations. "Candor"…

2EstPlanAndCommunityPropLJ421.pdf
Perpetuating the legacy of landownership requires careful estate planning by today’s farmers and ranchers.2 Unfortunately, the federal estate tax can be particularly destructive to these estates where there is a desire to pass on legacy holdings to…

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_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_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_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_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_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_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_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_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_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_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_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_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_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_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_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_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_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_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_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…

139MilLRev153.pdf
Representing the antithesis of the conduct of United States Armed Forces during the Liberation and Defense of Kuwait, the My Lai massacre was a nightmarish event that most Americans would like to forget. Nevertheless, My Lai never must be forgotten.…

93LLibrJ479.pdf
The guide is divided into four sections: Perspectives on International Law Practice, Membership Organizations, International Law Studies, and Job-Finding Sources and Tools. All resources listed in the guide are accompanied by brief annotations to…

75AlbLRev2151.pdf
This essay discusses the work of Chief Justice Jefferson. His work should be understood in light of the unusual division of appellate power in Texas, as well as the shifting but exclusively Republican composition of the membership of the Supreme…

April1_1988_TexasAttnyGeneralsCrimLUpdate_1.pdf
It has long been difficult to discern clearly the jurisdictional boundaries for the exercises of a Texas peace officer's warrantless arrest authority. This is due in part to the variety of "peace officers" recognized in Texas law, and in part to the…

28IndLRev183.pdf
Hoffman v. Palmer is emblematic of the history of the American law of evidence, of law reform, and, because of the people involved, of the history of twentieth century American legal thought. The issue in the case of Hoffman v. Palmer was relatively…

Sept1996ArmyLawyer47.pdf
Invariably, the four basic points stressed to host nation soldiers are: (1) human rights abuses are never tolerated by a democratic populace (e.g., the American public); (2) such violations do not shorten the conflict, be it internal or external in…

TheMagazineOfTCAFall1983at14.pdf
One may question whether the criminal defense attorney has any obligation to address a client's personal problem as part of his legal representation. But legal representation certainly includes exploration of options designed to avoid future…

38OhioNoULRev957.pdf
As it stands now, no one familiar with real estate law or commerce would expect different parties in different jurisdictions to record identical, or even similar, instruments. In an immediate sense, this heterogeneity of the recorded documents…

107HarvLRev620.pdf
The manual I intend to present focuses on the importance of Felix Frankfurter. In discussing the historical understanding of the Justices of the Supreme Court, Professor John Henry Schlegel wrote, "there is the problem of Felix Frankfurter." Justice…

35DePaulLRev649.pdf
This Article proposes a Rule concerning the admission to practice law in federal district courts and is designed to account for the recent changes in the practice of law. The Rule is based on the theory that lawyers will act ethically by handling…

whitepaperProposedAmendUCMJ2013Schlueter.pdf
This white page addresses the proposed amendments to the Uniform Code of Military Justice and recommends that they not be adopted.

3WmAndMaryBusLRev419.pdf
Judges as well as members of plaintiffs’ and defense bars agree: a class action is a superior, efficient, and inexpensive procedural tool to litigate disputes that present similar questions of fact and law. To be sure, corporations and insurers…

30StMaryULJ717.pdf
Even the casual observer would notice that Americans today have a continuing preoccupation with ethics in government. As a result of America's disdain for personal influence affecting public or legal decision-making, professional ethics is subject…

STMU_TheScholarStMarysLRev_v06i1p0001_Rice.pdf
Part I presents a short discussion of the various forms of terrorism, and critiques and challenges the conventional wisdom about who qualifies as a terrorist and what qualifies as terrorism. English courts certainly viewed the slave trade as being…

5UMassRoundtableSymposiumLJ192.pdf
Unfortunately, while the United States has established several legal avenues for civil litigation by private citizens of terror attacks against States that sponsor terrorism, a major stumbling block in terms of effectiveness rests in the reality that…

32JColULaw309.pdf
In recent decades, the number of foreign programs operated by American colleges and universities has greatly expanded. There is reason to expect the number and size of foreign educational programs to increase. The proliferation of collegiate…

5HousLRevOffTheRecord1.pdf
When people think of Texas and civility, the first thing that may come to mind might be the infamous YouTube clip titled ‘‘Texas Style Deposition.’’ In that clip, Texas attorney Joe Jamail proceeds to call opposing counsel several…

43ArkLRev131.pdf
The purpose of this article is to demonstrate that ante-mortem probate is a viable technique which could serve to reduce the problematic side of the current post-mortem system and provide a wide range of benefits to a significant segment of the…

33WayneLRev965.pdf
This Article discusses the past, present, and future of municipal antitrust liability, focusing on land use planning and zoning. Part II reviews the ·federal courts' application of the judicially-created state action exemption to the antitrust laws.…

JURISTOct10_2011.pdf
Despite the confusion as to whether US criminal law or the law of war should apply, the killing of Anwar al-Awlaqi was legal under the law of war, which must govern in this instance.

31TexTechLRev931.pdf
When the language of the current article 14.03(a)(1) of the Texas Code of Criminal Procedure first appeared in Texas law, landmark decisions like Terry v. Ohio and Miranda v. Arizona were more than a century in the future. The criminal procedure…

64SerialsLibr267.pdf
Automated indexing – using a computer to look at individual documents and assign metadata without a person looking at every document– was used to build an interactive online database to store and retrieve pages from a looseleaf resource (i.e., a…
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