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St. Mary's Law Journal

St. Mary's Law Journal

Current Issue: Volume 53, Number 2

ARTICLES

The Dark Side of Due Process: Part I
A Hard Look at Penumbral Rights and Cost/Benefit Balancing Tests
Joshua J. Schroeder

A Pandemic of Separation of Powers Violations in Texas: The Interrelationship of the Texas Disaster Act and Texas Gov’t Code Section 22.0035
Ron Beal

The Legacy of Johnson v. Darr: The 1925 Decision of the All-Woman Texas Supreme Court
Jeffrey D. Dunn

Revisiting the History of the Independent State Legislature Doctrine
Hayward H. Smith

COMMENTS

Dual Personas: Treating an Employer as a Third Party Under the Texas Workers’ Compensation Act
Brent A. Bauer

Disposable Immigrants: The Reality of Sexual Assault in Immigration Detention Centers
Valerie Gisel Zarate

Please pardon our dust as we migrate previous St. Mary's Law Journal files to this new website. If you need prior issues, please visit https://heinonline-org.skell.idm.oclc.org/HOL/Index?index=journals/stmlj&collection=journals

Recent Content

Spouse Cannot Be Divested of Title to Separate Real Property under Texas Family Code 3.63.
Jerry Morell

Signature on Single Collateral Assignment Does Not Serve as Indorsement on Series of Promissory Notes.
Laurence A. Canter

Implied Warranties of Quality on Used Motor Vehicles in Texas.
John F. Hunt

Death Prone Jurors: The Disintegration of the Witherspoon Rule in Texas.
Mary Elizabeth Carmody

Federal Courts: Review of the Remand Order.
Stephen V. Rible

An Analysis of Products Liability Defenses in the Aftermath of Hopkins.
John F. Scarzafava

Jurisdictional and Procedural Aspects of Securing Judgments against Parties Secondarily Liable - A Proposal for Reform.
Gershon D. Cohen

Reasonable Rulemaking under OSHA: Is It Feasible.
Donald R. Taylor

Texas Statutes Amended to Provide for Execution by Intravenous Injection of a Lethal Substance.
John H. Gordon Jr.

Texas Statute Conferring Jurisdiction on District Courts over Election Contests Is Inapplicable to Contests of Congressional Election.
Susan G. Wright

State Is Required under Texas Forfeiture Staute to Assume Burden of Proving Proceeds Were Used in Gambling Activity.
Curtis Vaughan III

Qualifying Title VII Class Action Discrimination Suits: A Defendant's Perspective.

Disposable Immigrants: The Reality of Sexual Assault in Immigration Detention Centers
Valerie Gisel Zarate

Dual Personas: Treating an Employer as a Third Party Under the Texas Workers’ Compensation Act
Brent A. Bauer

Revisiting the History of the Independent State Legislature Doctrine
Hayward H. Smith

The Legacy of Johnson v. Darr: The 1925 Decision of the All-Woman Texas Supreme Court
Jeffrey D. Dunn

A Pandemic of Separation of Powers Violations in Texas: The Interrelationship of the Texas Disaster Act and Texas Gov’t Code Section 22.0035
Ron Beal

The Dark Side of Due Process: Part I, A Hard Look at Penumbral Rights and Cost/Benefit Balancing Tests
Joshua J. Schroeder

Answering the Call: A History of the Emergency Power Doctrine in Texas and the United States
P. Elise McLaren

Rethinking the Process of Service of Process
Mary K. Bonilla

Misreading Menetti: The Case Does Not Help You Avoid Liability for Your Own Fraud
Val D. Ricks

The AOC in the Age of COVID—Pandemic Preparedness Planning in the Federal Courts
Zoe Niesel

Will the Real Mens Rea Please Stand Up: Assessing the Fifth Circuit’s Kickback Jurisprudence After United States v. Nora
John J. LoCurto

Judicial Ethics in the Confluence of National Security and Political Ideology: William Howard Taft and the “Teapot Dome” Oil Scandal as a Case Study for the Post-Trump Era
Joshua E. Kastenberg

Judicial Federalism and the Appropriate Role of the State Supreme Courts: A 20-year (2000–2020) Study of These Courts’ Interest Evaluations of the Fruits and the Attenuation Doctrines
Dannye R. Holley Mr.

Bolstering Juliana: Enforceability of Environmental Claims Through International Treaty Obligations in U.S. Courts
Lindsey Laielli

Municipal Optimization of Short-Term Rental Regulations: The Reality of Airbnb in South Texas Communities
Kenneth M. Culbreth III

Justifying the Supreme Court’s Standards of Review
R. Randall Kelso

The Thirteenth Amendment and One Hundred and Fifty Years of Struggle to Criminalize Slavery: A First Amendment Challenge to the Forced Labor Act (18 U.S.C. § 1589)
Niles Stefan Illich

The Dangers of Doxing and Swatting: Why Texas Should Criminalize These Malicious Forms of Cyberharassment
Hannah Mery

Judicial Deference of the Board of Immigration Appeals’ Regulatory Interpretations in Light of Kisor v. Wilkie
Melissa Fullmer

Alexa Hears with Her Little Ears—But Does She Have the Privilege?
Lauren Chlouber Howell

There Is Only One Texas Constitution
Joshua Morrow

The Ratio Method: Addressing Complex Tort Liability in the Fourth Industrial Revolution
Harrison C. Margolin and Grant H. Frazier

In Honor of Professor Bonita K. Roberts
Linda L. Schlueter and Faye Bracey

Tribute to Professor Bonita K. Roberts
David A. Schlueter

Professor Bonita K. Roberts—A Colleague and a “Conscience”
Victoria Mather

Police Use of Force Laws in Texas
Gerald S. Reamey

A “License to Kale”—Free Speech Challenges to Occupational Licensing of Nutrition and Dietetics
Taylor J. Newman and Angela E. Surrett

Gundy v. United States: How Justice Gorsuch’s Dissent and Changing Judicial Philosophy in Federal Courts May Lead to a Revived Nondelegation Doctrine and Diminish the Purpose of the Administrative Procedure Act
Zachary Pfrang Olvera

With Actual Knowledge Comes Lack of Materiality: Offering a Reasonable Bright-Line Rule for the Escobar Materiality Standard
Nicholas B. Goddard

Appraising Problems, Not Stuff
Chad J. Pomeroy

Campus Free Speech in the Mirror of Rising Anti-Semitism
Harry G. Hutchison

The Error of the Paquete Habana: U.S. Naval Forces in the Safe Harbor of Commander-in-Chief Discretion and the Law of War
T. Nelson Collier

“Lawyers’ Work”: Does the Court Have a Legitimacy Crisis?
Lackland Bloom

Texas: A Weak Governor State, or Is It?
Ron Beal

“We” the Jury: The Problem of Peremptory Strikes as Illustrated by Flowers v. Mississippi
Kayley A. Viteo

The Bumble Bill: A Critical Analysis on Texas’s New Law Taking Indecent Exposure Regulations Online
Ashley B. Huron

Bitcoin Searches and Preserving the Third-Party Doctrine
Christine A. Cortez

The Case for the Rodeo: An Analysis of the Houston Livestock Show and Rodeo’s Inverse Condemnation Case Against the City of Houston
Emilio R. Longoria

The Militia: A Definition and Litmus Test
Marcus Armstrong

Ezra, Rehnquist, and St. Mary’s University
Lance Kimbro

Targeting the Texas Citizen Participation Act: The 2019 Texas Legislature's Amendments to a Most Consequential Law
Amy Bresnen, Lisa Kaufman, and Steve Bresnen

21 in the 21st—An Evaluation of the Tobacco Regulation Trend
Casey Kellum

Restoring the Presumption of Innocence: Protecting a Defendant’s Right to a Fair Trial by Closing the Door on 404(b) Evidence
Aaron Diaz

Reimagining the Philosophy of Evaluation, Assistance, and Certification (EAC) Project: The IALS Model Reform in Legal Education
Sreejith S.G.

Must a Friend Indeed Reveal a Friend’s Misdeed? Exploring the Merits of a Friendship Privilege
Michael D. Moberly

St. Mary’s University Institute on Chinese Law and Business: Remarkable Success in the First Ten Years
Robert H. Hu

As the Role of the Driver Changes with Autonomous Vehicle Technology, so, Too, Must the Law Change
Nanci K. Carr

The Right Stuff in Geospace: Using Mutual Coercion to Avoid an Inevitable Prison for Humanity
Sarah Louise Vollmer

Wayfair or No Fair: Revisiting Internet Sales Tax Nexus and Consequences in Texas
Jennifer Mendez Lopez

Beat the Heat: Texas’s Need to Reduce Summer Temperatures in Offender Housing
Mary E. Adair

Disappearing Act: Are Free Speech Rights Decreasing?
Michael Conklin

Ethical and Aggressive Appellate Advocacy: The Decision to Petition for Certiorari in Criminal Cases
J. Thomas Sullivan

The Army’s G-RAP Fiasco: How the Lives and Careers of Hundreds of Innocent Soldiers Were Destroyed
Jeffrey F. Addicott

Recognizing the Need for Mental Health Reform in the Texas Department of Criminal Justice
Kara McHorse

Strict Liability Upon Gunowners (SLUG): A Proposed Balanced Approach
David Louis

Borrowing American Ideas to Improve Chinese Tort Law
Yongxia Wang

The Conceptions of Self-Evidence in the Finnis Reconstruction of Natural Law
Kevin P. Lee

The Drive to Advise: A Study of Law Students at a Pro Bono Brief Advice Project
Linda F. Smith

Victim v. Victim Restitution: The Commingling Fictions
Andrew Kull

The Lasting Impacts of Mass Consumerism and the Disposable Culture: A Proposition for the Development of Plastic Shopping Bag Bans in Texas Law
David Brewster

Saving America’s Privacy Rights: Why Carpenter v. United States Was Wrongly Decided and Why Courts Should Be Promoting Legislative Reform Rather Than Extending Existing Privacy Jurisprudence
David Stone

Texas Landfills: The Need for Administrative Reform of the Texas Commission on Environmental Quality’s Permitting Process
William Todd Keller Jr.

Book Review
Roberto Rosas

Arthur C. Y. Yao (1906–2004): A Pioneer Chinese Professor at St. Mary’s University School of Law
Robert H. Hu

Superseding Money Judgments in Texas: Four Proposed Reforms to Help the Business Litigant and to Further Improve the Texas Civil Justice System
James Holmes

Autonomous Doctrine: Operationalizing the Law of Armed Conflict in the Employment of Lethal Autonomous Weapons Systems
Peter C. Combe II

Back to the Future: Marriage and Divorce Under the 2017 Tax Act
Mark Cochran

Unlimited Liability for Banks: Deposits as Fraudulent Transfers
Katherine Zampas

Combatting the Opioid Epidemic in Texas by Holding Big Pharma Manufacturers Liable
Katherine Spiser

Standards of Review in Texas
W. Wendell Hall and Ryan G. Anderson

My Friend—Lee H. Lytton
Leo Womack

Lee Hargis Lytton III: A Most Extraordinary, Interesting and Instructive Life
Robert Summers

City of San Antonio Presents Official Congratulations on the 50th Anniversary of the St. Mary’s Law Journal
Ron Nirenberg

Regulating Retirement: Understanding the Impact of New Best Interest and Fiduciary Standards on Retail Investors
Michael Lichtmacher

Texas, the Death Penalty, and Intellectual Disability
Megan Green

The Remarkable First 50 Women Law Graduates of St. Mary’s University: Part One
Regina Stone-Harris

Population Law and Policy: From Control and Contraception to Equity and Equality
Victoria Mather

Latino Education in Texas: A History of Systematic Recycling Discrimination
Albert H. Kauffman

Not Everybody Loves Raymond: How the Case of Raymond v. Raymond Made a Shambles of Interspousal Gift Presumptions and the Parol Evidence Rule in Matters of Texas Community Property
Pamela E. George

Article III Courts v. Military Commissions: A Comparison of Protection of Classified Information and Admissibility of Evidence in Terrorism Prosecutions
Mohamed Al-Hendy

The State of Texas Recognizes the 50th Anniversary of the St. Mary’s Law Journal
Greg Abbott

Peña-Rodriguez v. Colorado: Carving Out a Racial-Bias Exception to the No-Impeachment Rule
John Austin Morales

Federal Jurisdiction for Above-Ground Oil Storage Tanks: A Practical Analysis for Navigating Federal Regulations
Kathryn Hussong

Municipal Annexation Reform in Texas: How a Victory for Property Rights Jeopardizes the State’s Financial Health
Julie Polansky Bell

Making the Modern American Legal Profession, 1969–Present
Michael Ariens

The Practitioner’s Guide to Properly Responding to Requests for Disclosure Under the Texas Discovery Rules
Robert K. Wise and Kennon L. Wooten

Turning Points in the History of St. Mary’s University School of Law (1980–1988)
Vincent R. Johnson

The State of Texas Concurrent Resolution 19R474
José Menéndez and Four Price

Don't Delete That Tweet: Federal and Presidential Records in the Age of Social Media
Gabriel M. A. Elorreaga

The Impact of H.B. 214: A Critical Analysis of the Texas "Rape Insurance" Bill
Lucie Arvallo

An Oral History of St. Mary's University School of Law (1961–2018)
Charles E. Cantú

St. Mary's Law Journal Fiftieth Anniversary
John Cornyn

Happy Golden Anniversary, St. Mary's Law Journal!
Stephen M. Sheppard

50 Years of Excellence: A History of the St. Mary's Law Journal
Barbara Hanson Nellermoe

Insurance Appraisal in Texas and Its Place in Coverage Litigation
Brendan K. McBride, William J. Chriss, and Matthew R. Pearson

Holding Ridesharing Companies Accountable in Texas
Martha Alejandra Salas

Avian Jurisprudence and the Protection of Migratory Birds in North America
Marshall A. Bowen

Too Little Too Late: The Infeasibility of OSHA's Silica Standards in the Oil Industry
Cali M. Franks

Health Care Referrals out of the Shadows: Recognizing the Looming Threat of the Texas Patient Solicitation Act and Other Illegal Remuneration Statutes
Trenton Brown

The History, Meaning, and Use of the Words Justice and Judge
Jason Boatright

Hearsay in the Smiley Face: Analyzing the Use of Emojis as Evidence
Erin Janssen

A Status Update for Texas Voir Dire: Advocating for Pre-Trial Internet Investigation of Prospective Jurors
Luke A. Harle

Domestic Asset Tracing and Recovery of Hidden Assets and the Spoils of Financial Crime
Nathan Wadlinger, Carl Pacini, Nicole Stowell, William Hopwood, and Debra Sinclair

Sourcing Service Receipts for Franchise Tax Apportionment in Texas
Ray Langenberg and Matt Jones

Sky Is the Limit: Protecting Unaccompanied Minors by Not Subjecting Them to Numerical Limitations
Deborah S. Gonzalez Esq.

Finality of a Conviction: A Noncitizen's Right to Procedural Due Process
Daniela Mondragon

Plata o Plomo: Effect of Mexican Transnational Criminal Organizations on the American Criminal Justice System
Mark M. McPherson

Undocumented Citizens of the United States: The Repercussions of Denying Birth Certificates
Anna L. Lichtenberger

Getting Local Governments Where They Need to Go Without Taking Taxpayers for a Ride: "CABs," Why They Are Used, and What Can Be Done to Prevent Their Misuse
Heather G. White

Deterrence
David Crump

In Memory of Roderick Glen Ayers, Jr. (1947–2017), Professor of Law, St. Mary's University School of Law
Craig A. Gargotta and William R. "Dick" Davis Jr.

First They Came for the Child Pornographers: The FBI's International Search Warrant to Hack the Dark Web
Zoe Russell

Network Investigation Techniques: Government Hacking and the Need for Adjustment in the Third-Party Doctrine
Eduardo R. Mendoza

What if the International Criminal Court Could Prosecute President al-Assad for the Chemical Weapon Attacks in Ghouta?
Paul Cho

Reforming Military Justice: An Analysis of the Military Justice Act of 2016
David A. Schlueter

The Amplified Need for Supreme Court Guidance on Student Speech Rights in the Digital Age
William Calve

Hurrah for the Consumer Financial Protection Bureau: Consumer Arbitration as a Poster Child for Regulation
Jean R. Sternlight

The CFPB Anti-Arbitration Proposal: Let's Just Give Arbitration a Chance.
Ramona L. Lampley

"What We Lose in Sales, We Make Up in Volume": The Faulty Logic of the Financial Services Industry's Response to the Consumer Financial Protection Bureau's Proposed Rule Prohibiting Class Action Bans in Arbitration Clauses
Richard Frankel

Filming the Police: An Interference or a Public Service
Aracely Rodman

KCON XI Essay Introduction: Compulsory Arbitration and Adhesion Contracts in the Age of Donald Trump
Peter Linzer

Fourth Amendment Implications of Police-Worn Body Cameras
Erik Nielsen

The Right to Be Forgotten: Comparing U.S. and European Approaches
Samuel W. Royston

Interlocutory Appeals in Texas: A History
Elizabeth Lee Thompson

The Development of Chinese Constitutionalism
Chenglin Liu

Time to Repair the Chain: Void Deeds, Subsequent Purchasers, and the Texas Recording Statutes
Richard E. Flint

X-Factoring: Why the Texas Supreme Court Should Revisit Its Examination of Paid or Incurred Medical Expenses
Zachary J. Lee

Gay Rights Versus Religious Freedom, and the Influence of Obergefell v. Hodges on Distinguishing the Dividing Line
Kathleen Rainey McStravick

In Memory of Thomas Bowman Black (1928–2016), Professor of Law, St. Mary's University School of Law (1974–1988)
David Dittfurth

In Memory of Joe E. Anderson (1928–2016), Professor of Law, St. Mary's University School of Law
Michael S. Ariens

Section 7 of the Clayton Act Applies to Banks and Bank Holding Company Mergers.
Terry E. Mitchell

Libel Litigation in Texas: The Plaintiff's Perspective.
Mary A. Sprague Langston

Texas Asbestos Claims and Market Share Liability: New Remedy for an Old Tort.
John B. Mileno Jr.

Workplace Safety - The Prophylactic and Compensatory Rights of the Employee.
Gary A. Scarzafava

The New Property Tax Code and Perfecting the Appeal: The Taxpayer's Perspective.
Edward Kliewer III

Article 7.12 of the Texas Business Corporation Act is the Exclusive Expression of the Trust Fund Theory in Texas Case Note.
Drew R. Fuller Jr.

Charge of Sex-Based Wage Discrimination under Title VII Not Limited by Bennett Amendment to Equal Pay for Equal Work Claims.
John M. Sudyka

Voluntary Admission of Minors to Mental Hospitals in Texas: A Proposal.
Jane S. Snow

Leasing Lands Subject to the Texas Relinquishment Act.
James D. Shields

A Farewell to Arms - An Analysis of Texas Handgun Control Law.
Robert G. Newman

Common Problems in Conveying Oil and Gas Interests.
Gloria L. Scott

Electronic Piracy: Can the Cable Television Industry Prevent Unauthorized Interception.
Kevin W. Grillo

Common Problems in Conveying Oil and Gas Interests.
Sharon Callaway Dittfurth

The Duty to Warn and Instruct for Safe Use in Strict Tort Liability Symposium - Texas Community Property Law in Transition.
James B. Sales

Oil and Gas Programs and Broker-Dealer Securities Registration Ramifications Symposium - Selected Topics on Oil and Gas Law.
William L. Powers

McCarty v. McCarty: The Moving Target of Federal Pre-Emption Threatening All Non-Employee Spouses Symposium - Texas Community Property Law in Transition.
Louise B. Raggio and Kenneth G. Raggio

Multiple Uses and Conflicting Rights Symposium - Selected Topics on Oil and Gas Law.
Guy L. Nevill

Fitting a Round Peg into a Square Hole: Section 3.63, Texas Family Code and the Marriage That Crosses State Liens Symposium - Texas Community Property Law in Transition.
James D. Stewart and Richard R. Orsinger

Evolution of the Crude Oil Windfall Profit Tax - An Examination of Recent Changes Symposium - Selected Topics on Oil and Gas Law.
Paul Mangum

Possession or Delivery of Drug Paraphernalia is Prohibited.
John B. Milano Jr.

Section 312(a)(7) of Federal Communications Act Provides Affirmative Right of Individual Access to Broadcast Time for Federal Political Candidates.
Phylis J. Speedlin

Two Year Limitations Period Applicable to Texas General Fraud Statute Applies to 10b-5 Actions When Texas in Forum State and Cause of Action Accrued Prior to 1977.
Richard M. Mosher

Federal Conviction for Offense Not Constituting Felony under Texas Law May be Used to Enhance Punishment under Section 12.42 of Texas Penal Code When Federal Conviction in Punishable by Possible Confinement in Prison.
Leo D. Figueroa

The Constitutional Redefinition of Texas Matrimonial Property as it Affects Antenuptial and Interspousal Transactions Symposium - Texas Community Property Law in Transition.
Joseph W. McKnight

Practice before the Oil and Gas Division of the Railroad Commission of Texas Symposium - Selected Topics on Oil and Gas Law.
Frank Douglass

Admission of Compelled Psychiatric Testimony at Sentencing Phase Violates Defendant's Fifth and Sixth Amendment Rights.
Jane S. Snow

Actual Damages Recoverable for Loss of Credit or Injury to Credit Reputation if Proven Natural, Probable, and Foreseeable Consequence of Breach.
Sharon Callaway

Suppression of Demonstration Permits Represents Invalid Prior Restraint on Free Speech, for Which Temporary Injunctive Relief Appropriate.
Diana K. Miller

Exhaustion of State Administrative Remedies in a Prerequisite to 42 U.S.C. 1983 Action.
Russell W. Heald

Shipowner Has No Duty to Supervise or Inspect Cargo Operation Area Once Stevedore Has Begun Cargo Operations, Absent Knowledge of Defects, Contract Provision, Positive Law, or Custom.
Ken D. Hamilton

Parental Child-Snatching: Out of a No-Man's-Land of Law.
Wayne Young

The Erosion of the Noerr Pennington Immunity.

Sales Contracts and Impracticability in a Changing World.
Thomas Black

Injection of Contaminated Drug by Hospital Employee Sufficient to Constitute Sale of Product for Purposes of Implied Warranty.
James D. Shields

Manufacturing Process Which Includes Use of Mathematical Formula and Computer Program Constitutes Patentable Subject Matter.
Edward W. Roush Jr.

Control Group Test Unacceptable as Standard for Assertion of Attorney-Client by Corporations.
Thomas D. Anthony

Trial Judge Required, upon Proper Request, to Instruct Jury Not to Draw Adverse Inferences from a Defendant's Failure to Testify.
Susan L. Gellis

Changes in Appellate Review in Criminal Cases Following the 1980 Constitutional Amendment.
Carl E.F. Dally and Patricia A. Brockway

Variable Rate Mortgages: Texas Savings &(and) Loan Associations Authorized to Offer Flexible Financing Alternatives.
Scott R. Worthern

Truth in Lending Simplification and Reform Act: Changes Affecting Disclosure Requirements in Home Mortgage Transactions.
Susan C. Shank

ULTA and Non-Judicial Mortgage Foreclosure in Texas.
Patricia E. Rant

Foreign Investment in U.S. Real Estate Symposium - Real Estate Finance - An Emphasis on Texas Law.
Stephen P. Jarchow

Basics of Real Estate Syndications Symposium - Real Estate Finance - An Emphasis on Texas Law.
John C. Andrews

Equity Participation Arrangements between Institutional Lenders and Real Estate Developers Symposium - Real Estate Finance - An Emphasis on Texas Law.
J. Cary Barton and Robert E. Morrison

Coping with Texas Mechanics' Liens: A Lender's Guide to Priorities Symposium - Real Estate Finance - An Emphasis on Texas Law.
Eldon L. Youngblood

New Developments in Real Estate Financing Symposium - Real Estate Finance - An Emphasis on Texas Law.
Jesse B. Heath Jr.

Introduction Symposium - Real Estate Finance - An Emphasis on Texas Law - Introduction.
James H. Wallenstein

State of the Art Evidence Admissible to Rebut Evidence of Feasible Design Alternatives.
Patricia Mary McEntee

Doctrine of Common Law Indemnity Abolished in Negligence Cases as Inconsistant with the Comparative Negligence and Contribution Statute.
Scott Jackson Duncan

Securities Regulation - Fraud - Scienter Must Be Established for the SEC to Obtain Injunctive Relief for Violations of Section 17(a) of the Securities Act of 1933, and Section 10(b) and Rule 10b-5 of the Securities Exchange Act of 1934.
Laura L. Worsham

FTC Rulemaking: The Standard for Disqualification of a Biased Commissioner Comment.
Sara Greenwood Hogan

Judicial Recusal: Rule 18a - Substance or Procedure 1981 Rules of Civil Procedure: Content and Comments.
Sam Sparks

Distress Warrant and Trial of Right of Property under the 1981 Texas Rules 1981 Rules of Civil Procedure: Content and Comments.
Luther H. Soules III and Mary M. Potter

Other Significant Changes in the Appellate Rules 1981 Rules of Civil Procedure: Content and Comments.
Clarence A. Guittard

The Rules of Civil Procedure: 1981 Changes in Pre-Trial Discovery 1981 Rules of Civil Procedure: Content and Comments.
Franklin Spears

Appellate Procedure Reform 1981 Rules of Civil Procedure: Content and Comments.
Charles W. Barrow

Introduction 1981 Rules of Civil Procedure: Content and Comments - Introduction.
Orville C. Walker

The Uniform Commercial Code Provides an Alternative Remedy to Strict Liability in Tort Regarding Injuries Suffered from a Defective Product without Requiring Privity.
Patricia Mary McEntee

Evidence Obtained by Unlawful Police Conduct Shall Not Be Excluded if the Government Establishes the Conduct Resulted from a Reasonable, Good Faith Belief that it Was Proper.
John W. Berry

Reasonably Effective Assistance Standard of Applicable to Both Retained and Appointed Counsel without Distinction.
John H. Cayce

The Right to Treatment for Juveniles in Texas: A Legislative Proposal.
Mark H. Marshall

When the Party's over: Use of Divisive Reorganizations for a Tax-Free Division of the Professional Service Corporation.
J. Bruce Bugg Jr.

Cross-Examination of An Expert Witness.
C.L. Mike Schmidt

Exxon Corporation v. Middleton: Some Answers but Additional Confusion in the Volatile Area of Market Value Gas Royalty Litigation.
Stuart C. Hollimon

Lex Loci Delicti and Dissimilarity Doctrine Abandoned and Most Significant Relationship Test Adopted.
Patrick B. Tobin

Contribution between Joint Tortfeasors May be Enforced in a Federal Antitrust Action.
John W. McChristian Jr.

Abortions for Minors after Bellotti II: An Analysis of State Law and a Proposal.
Gerry D. Abel Lozano

Recent Amendments to the Texas Child Abuse Statutes: An Analysis and Recommendation.
Antoinette M. Pollock

An Analysis of the 1979 Texas Deceptive Trade Practices Act and Possible Ramifications of Recent Amendments: Is the Act Still Consumer Oriented.
Edmond R. McCarthy Jr.

An Analysis of the Texas Condominium Act: Maintenance and Operation of a Condominium Project.
Faye Machen Bracey

Police Radar 1980: Has the Black Box Lost Its Magic.
Joseph Gary Trichter and Joseph Patterson

Health Maintenance Organizations: An Overview of the History, Federal and Texas Legislation, and Current Problems.
John D. Jackson

A Temporary Child Custody Order Issued Pursuant to Section 11.11 of the Texas Family Code Constitutes a Non-Appealable Interlocutory Order.
Anthony J. Blazi

Third Party Remedy of Insured's Loss Constitutes Defense in Mitigation of the Loss in Suit by Insured against Insurer.
Mark B. Taylor

Due Process Requires Notice before Individual Monetary Claims of Absent Class Members Are Barred by Res Judicata.
Teresa Agnes Hunter

Judicial Decisions within the Framework of an Economic Structure.
Rodolpho Sandoval

Coal Slurry Pipelines Are Ready, Willing, and Unable to Get There Student Symposium - Selected Issues Concerning Increased Coal Use.
William F. Webber

Singing the Coal Train Blues: The ICC, Railroad Coal Hauling Rates, and National Energy Policy Student Symposium - Selected Issues Concerning Increased Coal Use.
Suzanne B. Langford

The Impact of Limited Water Availability on National Coal Policy Student Symposium - Selected Issues Concerning Increased Coal Use.
Mary M. Potter

Energy Independence - The Return to Coal, Constraints on Production and Utilization of Our Most Abundant National Energy Resource Symposium - Coal Utilization by Electric Utilities - The Costs of Conversion.
F. William Brownell

Powerplant and Industrial Fuel Use Act of 1978 and Possible Amendments Thereto Symposium - Coal Utilization by Electric Utilities - The Costs of Conversion.
David R. Toll and Anne W. Cottingham

Coal-Fired Electric Generating Facilities: Impediments under Federal Environmental Legislation Symposium - Coal Utilization by Electric Utilities - The Costs of Conversion.
Thomas H. Truitt and Charles C. Abeles

Coal Utilization by Electric Utilities - The Costs of Conversion - Introduction Symposium - Coal Utilization by Electric Utilities - The Costs of Conversion.
Robert C. Byrd

Products Liability: Manufacturer's Liability for Products Not Unreasonably Dangerous When Originally Marketed - A Commentary on Bell Helicopter Company v. Bradshaw.
Keith B. O'Connell

USLTA: Marketable Record Title Act - A New Title Theory and Its Effect on Texas Law.
Sue Ortman

Contractual Wills - Do 1979 Probate Code Revisions Solve the Procedural Problems.
Erwin Smith McGee

The Windfall Profit Tax - An Overview.
Barry R. Miller and Dan G. Easley

Settlement Strategy, Evaluation, and Brochures Lawyer's Forum - Settlements - New Perspectives.
James L. Branton

Election of Remedies and Settlement - New Lyrics to an Outworn Tune Lawyer's Forum - Settlements - New Perspectives.
Les Mendelsohn

Contribution and Indemnity between Negligent and Strictly Liable Tortfeasors Lawyer's Forum - Settlements - New Perspectives.
James B. Sales

Procedural Aspects of Settlement: An Overview of Texas Law Lawyer's Forum - Settlements - New Perspectives.
J. Hadley Edgar

Lessee Is under Implied Duty to Protect His Lessor from Field-Wide Drainage Caused by Lessee.
Joseph L. Hood Jr.

Surface Ownership Includes at Surface Substances and Those Near Surface Substances Whose Removal Involves Destruction of Surface by Any Reasonable Method Known at Time Extraction Is Planned.
William Leonard Powers

Waiver of Service of Process Executed Prior to Institution of Suit to Terminate Parental Rights Satisfies Due Process Notice Requirements.
Catherine Matteau Stone

Clear and Convincing Evidence Standard of Proof Will Be Required in All Proceedings for Involuntary Termination of the Parent-Child Relationship.
John William Wester

Conversation between Police Officers Eliciting Admission by Suspect Not a Miranda Interrogation Unless the officers Should Have Known Their Words or Actions Were Reasonably Likely to Elicit an Incriminating Response.
Janice L. Jenning

Mandatory Life Imprisonment under Texas Recidivist Statute Not Violative of Eighth Amendment When Applied to One Convicted of Three Non-Violent, Property-Related Felonies.
Patricia E. Rant

Introduction Lawyer's Forum - Settlements - New Perspectives - Introduction.
L. Wayne Scott

Complaint's Reliance on Seemingly Authoritative Statements of TEC Employee Insufficient Equitable Grounds to Toll Title VII EEOC Filing Limitation.
Thomas McKenzie

The Rights of an Illegitimate Child Post - Gomez v. Perez: A Legitimate Situation.
Deborah J. Venezia

Public Law 94-142 and the Texas Law.
Ann MacMurray

The Legal Effect of Marital Separation Agreements upon Community Property Status: Is It Time to Amend the Constitutional Definition of Wife's Separate Property.
Teresa A. Hunter

Predictions of Dangerousness in Texas: Psychotherapists' Conflicting Duties, Their Potential Liability, and Possible Solutions.
Marilyn Hammond

USLTA: Article 5 Construction Liens Analyzed in Light of Current Texas Law on Mechanics' and Materialmen's Liens .
Sara E. Dysart

The Scientific Method in Legal Thought: Legal Realism and the Fourteen Principles of Justice.
C. Kaufman

Personal Injuries and the Texas Survival Statute: The Case for Recovery of Damages for a Decedent's Lost Future Earnings.
Karl L. Rubinstein

Consideration Paid for Loan Option Is Bona Fide Commitment Fee, Not Interest, Despite Label Attached and Amount Charged.
Sara Greenwood

Reasonable Diligence by a Judgment Creditor to Discover a Debtor's Fraudulent Concealment of Assets Avoids Limitations Governing Issuance of Executions and Revival of Judgments.
J. Randall Grimes

Involuntary Intoxication Is a Defense in Texas.
Lewis Buttles

Assistance of Counsel in Texas.
Sam Houston Clinton and Brian William

Transactional Analysis in Usury Law: The Identification of Interest Student Symposium: A Study of Texas Usury Law.
Jack H. Robison

Remedies and Defenses Student Symposium: A Study of Texas Usury Law.
Betty L. Newcomb Hollowell

The Regulation of Interest; Practice and Procedure Early Regulation Student Symposium: A Study of Texas Usury Law.
Forrest M. Smith III

The Spreading of Interest under the Actuarial Method.
Frank A. St. Claire

Legal Opinion Letters and Texas Usury Laws.
Albert H. Hiller and G. Christopher Scruggs

The Open Account in Texas in Light of Houston Sash.
J. David Oppenheimer

The Revised Article 5069-1.07(b).
Harry M. Roberts Jr.

Introduction: Texas Usury Law - Some Interesting Anomalies.
Sanford A. Weiner

Comparative Causation, Indemnity, and the Allocation of Losses between Joint Tortfeasors in Products Liability Cases.
Timothy Patton

Economic Loss, 402A, and an Unreasonably Dangerous Product: Can Mid Continent Aircraft, Signal Oil, and Nobility Homes be Reconciled.
J. Nevin Shaffer Jr.

A Source of Revenue for the Improvement of Legal Services, Part I: An Analysis of the Plans in Foreign Countries and Florida Allowing the Use of Clients' Funds Held by Attorneys in Non-Interest-Bearing Trust Accounts to Support Programs of the Organized Bar.
Taylor S. Boone

Allocation of Peremptory Challenges among Multiple Parties.
Daniel J. Sheehan Jr. and Cynthia C. Hollingsworth

Regulation of Foreign Banking Activity in the United States.
Francis Rooney

The Younger Abstention Doctrine: Primary State Jurisdiction over Law Enforcement.
David A. Dittfurth

Insurance Advertising - Much Ado about Nothing Lawyer's Forum.
Michael A. Hatchell

Jury Tampering - 1978 Style Lawyer's Forum.
W. James Kronzer

Recovery of Consequential Damages in Breach of Implied Warranty Action Disallowed to Extent Buyer's Negligence Was Concurring Proximate Cause.
Karen Angelini

Probate Court Lacks Authority to Remove an Independent Executor Adjudged Non Compos Mentis.
David V. Jones

Supplemental Voir Dire Is Required When Significant Delay Occurs between Jury Selection and Start of Trial.
Larry E. Reed

Federal District Courts Have No Authority to Interrupt Preexisting State Sentence to Impose Confinement for Civil Contempt.
Diane E. Hepford

When a District Court Has Stayed a Claim Involving Concurrent Jurisdiction, Issuance of a Writ of Mandamus Compelling Adjudication Is Improper.
James P. Keenan

Failure to Relate Exculpatory Story at Pretrial Hearings May Be Used by Prosecution to Impeach Defendant's Testimony at Trial.
Stephen F. White

A Reinstatement Order, Although Void, Is Interlocutory and Therefore Not Appealable to the Court of Civil Appeals.
Gary A. Scarzafava

Judicial Review under Public Utility Regulatory Act Will Be by Substantial Evidence.
Jerry L. Atherton and Edward L. Kurth

Introduction Lawyer's Forum - Introduction.
L. Wayne Scott

Community Property - Benefits Awarded under the Railroad Retirement Act Are Not Community Property Subject to Division upon Divorce.
Paul Andrew Drummond

Vela: Legacy of Conflict over Determination of Market Value for Royalties on Intrastate and Interstate Gas and Continued Controversy with the Natural Gas Policy Act of 1978.
William S. Hayes

Debt Adjustment under Chapter 13 of the Bankruptcy Reform Act of 1978 Selected Articles on the Bankruptcy Reform Act of 1978.
Evelyn H. Biery

Chapter 11 of the 1978 Bankruptcy Code or Whatever Happened to Good Old Chapter XI Selected Articles on the Bankruptcy Reform Act of 1978.
Arthur L. Moller

Issuing Securities under the New Bankruptcy Code: More Magic for the Cryptic Kingdom Selected Articles on the Bankruptcy Reform Act of 1978.
Robin E. Phelan and Bruce A. Cheatham

Community Property and the Banruptcy Reform Act of 1978 Selected Articles on the Bankruptcy Reform Act of 1978.
Alan Pedlar

The Trustee's Avoiding Powers under the Bankruptcy Act and the New Code: A Comparative Analysis Selected Articles on the Bankruptcy Reform Act of 1978.
Vernon O. Teofan and L. E. Creel III

The Bankruptcy Court under the New Bankruptcy Law: Its Structure, Jurisdiction, Venue, and Procedure Selected Articles on the Bankruptcy Reform Act of 1978.
Frank R. Kennedy

Random Stop of a Motorist for a License Check in the Absence of Reasonable Suspicion Is Violative of the Fourth and Fourteenth Amendments.
Laurence S. Kurth

Charge of Tuition to Illegal Alien Schoolchildren Pursuant to Texas Statute Violates Fourteenth Amendment.
Suzanne B. Langford

Introduction Selected Articles on the Bankruptcy Reform Act of 1978 - Introduction.
David G. Epstein

Use of Peremptory Challenges to Excuse Prospective Jurors because of Group Bias is Violation of Right to Trial by Jury Guaranteed by California Constitution.
Karen Angelini

Analysis of Alternatives to Incarceration for Non-Violent Offenders: A Progressive Approach to Correctional Procedure.
Cynthia M. Scaglione

Texas Historic Landmarks - Criteria for Designation.
Diane E. Hepford

Land Use Planning - A Prerequisite to Effective Zoning.
Robert M. Rogers

Natural Gas Policy Act of 1978: Will it Alleviate the Natural Gas Shortage.
Jeb C. Sanford

A Source of Revenue for the Improvement of Legal Services, Part II: A Recommendation for the Use of Clients' Funds Held by Attorneys in Non-Interest-Bearing Trust Accounts to Support Programs of the Texas Bar Association and an Analysis of the Federal Income Tax.
Taylor S. Boone

The Coconspirator's Statement: Evaluating Preliminary Questions of Admissibility under Rule 801(d)(2)(E).
William S. Sessions and Betsy Hall

The Groundless Case - The Lawyer's Tort Duty to His Client and to the Adverse Party.
E. Wayne Thode

Either Spouse May Recover for Negligent Impairment of Consortium.
B. Will Clark

Professional Corporation May Have Valuable Goodwill, Apart from Person of Individual Member, That Must Me Considered in Property Settlement on Divorce.
Carey P. Locke

The State of the Special Verdict - 1979.
Jack Pope and William G. Lowerre

The Surface Mining Control and Reclamation Act of 1977.
Lawrence B. Dale

Land Use and Due Process - An Examination of Current Federal and State Procedures.
Curtis T. Vaughn III

State Court Injunctions and Their Enforcement in Environmental Litigation.
Skip Newsom

How to Effectively Participate in the Adjudicatory and Legislative Functions of Texas Environmental Agencies.
W. Thomas Buckle

Procedural Aspects of Litigation under the Texas Environmental Statutes.
Troy C. Webb

Environmental Litigation: An Analysis of Basic Strategies, Procedures, Substantive Rights and Their Effects.
Joseph Z. Fleming

Private Environmental Litigation: Some Problems and Pitfalls.
Frank F. Skillern

Introduction Introduction.
Douglas M. Costle

Calculation of Time Credits for Texas Prisoners.
Deborah A. Becker

Stale Future Interests: Can Texas Pass a Constitutional Reverter Act.
Robert H. Sheppard

Federal Income Tax Classification of Limited Partnerships Formed under the Revised Uniform Limited Partnership Act Symposium - Limited Partnership Act.
Bruce D. Haims and Marcus H. Strock

The Financial Provisions of the Revised Uniform Limited Partnership Act: Articles 5 and 6 Symposium - Limited Partnership Act.
William A. Gregory

An Examination of Articles 3, 4 and 9 of the Revised Uniform Limited Partnership Act Symposium - Limited Partnership Act.
W. Edward Sell

Limited Partner Derivative Suits Symposium - Limited Partnership Act.
Harold Gill Reuschlein

Introduction Symposium - Limited Partnership Act - Introduction.
Brockenbrough Lamb Jr.

Reform of Court Rule-Making Procedures.
Charles Alan Wright

Recent Amendments of Partnership Tax Law - Complexities Prevent Meaningful Reform.
Peter M. Wolverton and Jerry B. Gwin Jr.

Idiopathic Fall on Level Surface Will Not Necessarily Preclude Recovery under the Texas Workmen's Compensation Act.
Linda G. Moore

One Who Unconditionally and Absolutely Guarantees Payment of a Note Is Bound by Its Terms, Including Its Venue Provisions.
Ann C. Livingston

Surface Owner Must Establish That, at the Time the Instrument Was Executed, Removal of a Near-Surface Substance Would Have Destroyed the Land Surface before a Mineral Reservation Is Construed to Exclude That Substance.
Peter H. Carroll III

Physician Not Liable for Undertaking Particular Mode of Treatment If Reasonable and Prudent Practitioner Would Have Followed Same Procedure under Similar Circumstances.
Rand J. Riklin

Attorney's Approval of Faulty Order for Summary Judgment Construed as an Order Entered by Agreement.
Cathleen G. Randall

Independent Jurisdictional Grounds Unnecessary to Support Claim by Original Plaintiff against Nondiverse Third-Party Defendant.
Mike Davis

The Legislature Cannot Delegate to the Judiciary the Power to Fix Court Reporter's Fees Absent Sufficient Standards or Guidelines.
James L. East

Ex-wife May Bring Garnishment Proceedings to Secure Her Share of Ex-Husband's Military Retirement Pay under the Federal Consent Statute.
Howard E. Strackbein

Mere Agreement to Make Payments in Texas Fails to Establish Minimum Contact Sufficient to Satisfy Due Process Requirements for Long-Arm Jurisdiction.
Richard E. Sames

Tightening the Limitations on Carryovers under Section 382(b): F Reorganization and the Tax Reform Act of 1976.
J. Pat Tielborg

Government of the Legal Profession: An Inherent Judicial Power Approach.
Leroy Jeffers

Felony Complaint Filed in Justice Court Will Not Toll Limitations.
Betty L. Newcomb Hollowell

Probation May Be Granted Prior to Conviction under Article 42.12, Section 3d of the Texas Code of Criminal Procedure without Violating Article IV, Section 11A of the Texas Constitution.
Robert C. White

Due Process Not Violated When Prosecutor Carries out Threat to Reindict Accused on More Serious Charges after Plea Bargain on Original Charge Is Refused.
Mary Byrd Hover

New Hampshire Statutory Rape Provision Punishing Only Males and Protecting Only Females Is Violative of Equal Protection Clause of Fourteenth Amendment.
Thomas E. Sisson

Retaliatory Eviction in Texas - An Analysis and a Proposal.
Jane E. Bockus

Particularity and Precision in Texas Indictments and Informations: What Is Fundamental Defect.
David Weiner

Selected Practical Problems with Professional Associations and Professional Corporations.
Robert Jorrie and Richard W. Wolf

Article 5236e - The Vanishing Panacea.
Patrick K. Sheehan

Recovery of Usurious Interest Paid Is Not Authorized As a Forfeiture under Article 5069-1.06(1).
Taylor S. Boone

United States Antidumping Rules.
A. Paul Victor

The Judicial Avoidance of Liberal Statutory Construction: Is Article 10, Section 8 Lost and Forgotten.
Charles A. Beckham Jr.

The Compensability of Mentally Induced Occupational Diseases under Texas Workers' Compensation Law.
Richard E. Sames

Preventive Detention and Equal Protection of the Law in Texas.
Mark Stevens

Determination of Fair Market Value for Ad Valorem Tax Purposes of a Gas Lease Burdened with a Long-Term Sales Contract.
Jack Lewis III

Computing Interest Rebates under the Rule of 78ths: A Formula for Usury upon Default in Maximum-Interest Precomputed Credit Transactions.
Michael R. Perna

Settlements in Multiple Tortfeasor Controversies - Texas Law.
Ann C. Livingston

Constitutional Limitations on the Division of Property upon Divorce.
James N. Castleberry Jr.

The Service-Sales Transaction: A Citadel under Assault.
James B. Sales

Interspousal Immunity Doctrine Will Not Bar Claims for Intentional Torts.
Edward L. Kurth

Vicarious Liability Requires a Finding of Capital Murder When a Nonfelon Kills a Peace Officer in Response to a Felon's Lethal Provocation.
Janis E. Baldwin

Economic Pressure in Collective Bargaining: Lockout and Permanent Replacements in the Fifth Circuit.
Peter H. Carroll III

Reflections on Opposing the Penalty of Death.
Charles L. Black Jr.

Emergence of Consumer Credit Protection - Federal and Texas.
Rebecca Gregory

The Texas Debt Collection Practices Act: Relief for the Harassed Debtor.
William R. Crow Jr.

The Texas Deceptive Trade Practices - Consumer Protection Act: Application to Professional Malpractice.
Patricia E. Swanson

Advertising Restrictions on Licensed Occupations: An Antitrust Approach.

Significant Recent Developments in Federal Consumer Credit Legislation and Case Law.
Joe P. Smyer and P. Keith O'Gorman

Assignee Liability under the Texas Consumer Credit Code.
Barry Snell

Preservation of Claims and Defenses under the Texas Business and Commerce Code and under the Texas Consumer Credit Code.
James G. Boyle

Public and Private Rights and Remedies under the Deceptive Trade Practices - Consumer Protection Act.
Philip K. Maxwell

Manufacturer May Not Raise Defense of Lack of Privity in Suit by Remote Consumer for Economic Damages Caused by Defective Product.
Frank A. Porter

Treble Damages Are Discretionary under the DTPA.
Kenneth L. Malone

Lender Has No Responsibility for Statutory Disclosures Where Seller Arranges Credit and Lender's Disclosures Would Be Duplicative.
John M. Vaught

The Residential Tenant's Security Deposit - A Protected Interest Worth Litigating.
Claude M. McQuarrie III

Affirmative Remedies for the Tenant.
Robin Vaughn Dwyer

Introduction Introduction.
John L. Hill

Workmen's Compensation Claims Must Be Disclosed under the Texas Open Records Act, but Certain Data May Be Withheld to Avoid Tortious Invasion of Privacy.
Eileen M. Sullivan

Prior to Accrual, Military Retirement Pension Earned during Coverture Is Community Property Subject to Division at Time of Divorce.
Mary Elizabeth Carmody

Execution of Foreign Sentences in the United States: A Treaty with Mexico.
Patrick J. Kennedy Jr.

The Diminishing Role of Negligence in Manufacturers' Liability for Unavoidably Unsafe Drugs and Cosmetics.
David E. Chamberlain

Riparian Rights under the Texas Water Rights Adjudication Act - A Constitutional Analysis.
Stephen L. Golden

Apportionment of Community Property Interests in Prospective Military Retirement Benefits upon Divorce.
Charles H. Rennick

Federal Regulation of Commodity Option Trading - Is the Customer Protected.
Geraldine K. Mery

Texas Restrictions on Political Campaign Contributions and Expenditures.
Thomas H. Crofts Jr.

Statute Providing That the Standard by Which Firemen's Wages Are to Be Determined Is by Reference to Private Sector Employment Excludes Wages Paid in Public Sector Employment.
Ted J. Pietraszkiewicz

Operating Surgeon Is Not Automatically Liable for Assistant's Negligence.
Mark H. Miller

Grocery Store Is Liable for False Imprisonment by Its Independent Contractor Providing Security Service.
Chris A. Hale

The United States of America and International Public Law, 1900-1976.
Covey T. Oliver

Stacking Uninsured Motorist Protection, Medical Payments, and Personal Injury Protection Coverages in Texas.
Edward J. York Jr.

Real Estate Sale-Leaseback Agreements under Texas Usury Law: Circumvention or Sale.
Douglas W. Poole

Medical Liability Insurance Student Symposium - A Study of Medical Malpractice in Texas.
Stephen L. Hubbard

Alternatives for the Disposition of Medical Malpractice Claims Student Symposium - A Study of Medical Malpractice in Texas.
Bryan D. Wright

Litigation: Areas of Dispute Student Symposium - A Study of Medical Malpractice in Texas.
Caroline W. Jackson

Introduction Student Symposium - A Study of Medical Malpractice in Texas - Introduction.
Page Keeton

The Uniform Commercial Code and the Deceptive Trade Practices Act.
Eugene M. Anderson Jr.

A Remedy for Undermade and Oversold Products - The Texas Deceptive Trade Practices Act.
Michael P. Lynn

Appellant Need Not Evince Due Diligence in Securing a Statement of Facts When Court Reporter's Notes Are Unavailable.
Peter N. Susca Jr.

Imposition of Penalty Must Be Caused by Prepayment.
George H. Spencer Jr.

A Bank's Equitable Right of Set-off Is Subordinate to a Perfected Security Interest in an Instrument.
Gregory Neill Jones

Explanatory Surplusage in an Indictment Is Not Subject to Amendment.
John R. Brantley

The Negligent Impairment of Consortium - A Time for Recognition as a Cause of Action in Texas.
Jess C. Rickman

Texas Surface Mining and Reclamation Act - New Hope for Protection of Texas Resources.
Kay C. Martinez

The New Pro-Life Legislation: Patterns and Recommendations.
Joseph P. Witherspoon

Rights of Accused Not Violated by Trial in Prison Clothing If No Objection Is Made during Trial or Pretrial Proceedings.
Patrick Strong

Appeal Will Not Be Dismissed for Failure to Timely File Record Where Reasonable Explanation for Such Failure Is Shown.
David E. Chamberlain

Any Disclosure of FOIA-Exempt Information without Weighing Benefit to the Agency, Harm to the Public, and the Possibility of Compromise Is an Abuse of Discretion.
Theodore C. Hake

Negligence as a Standard of Recovery in Libel Actions in Texas.
Suzie Barrows

The Due-on-Sale Clause as a Reasonable Restraint on Alienation - A Proposal for Texas.
Connie B. Leonis

Informed Consent: A New Standard for Texas.
Gail Dalrymple

Civil Commitment in Texas - An Illusion of Due Process.
Willis Luttrell

Division of Texas Marital Property on Divorce.
Joseph W. McKnight

City Estopped from Asserting Failure to Comply with Charter Requirement of Notice Due to Reasonable Reliance upon Conduct of Unauthorized City Officials.
Richard M. Roberson

To Assert Standing under Statute, Plaintiff Must Trace Injury to Defendant and Demonstrate that Favorable Decision Will Provide Relief.
Larry Hayes

Prisoner Correspondence with Courts, Prosecuting Attorneys, Probation and Parole Officers, Governmental Agencies, Lawyers, and the Press Is Subject to Constitutional Protections Which Limit Regulation by Prison Officials.
Barry Paul Hitchings

Where the Place of Injury Is Unknown and Unascertainable, Texas Will Apply the Law of the Place of the Wrongful Act.
Patrick J. Kennedy Jr.

Crediting Accounts for Deposited Drafts before Their Final Payment Constitutes Loan.
John David Bell

A Commentary on Congestion in the Federal Courts.
Tom C. Clark

Shopping Center Owner May Use State Trespass Statutes to Prohibit Speech within His Shopping Center.
Robin Vaughan Dwyer

Proof of Theft of Bailed Goods Does Not of Itself Rebut Presumption of Bailee's Negligence.
Robert E. Corlew III

Withdrawal of the Plea of Guilty upon a Decision by the Judge Not to Accept the Plea Agreement.
Frank A. Porter

Justiciability in Texas: A Study in the Law of Public Contracts.
Kenneth L. Malone

Regulation of Nursing Homes - Adequate Protection for the Nation's Elderly.
Roberta Gail Weatherby

The Bystander's Duty and the Law of Torts - An Alternative Proposal.
J.H. Edgar Jr.

The Reclaiming Seller under UCC Section 2-702 vs. His Four Horsemen of the Apocalypse.
Eugene M. Anderson Jr.

Summary Judgment: Let the Movant Beware.
Patrick K. Sheehan

Father Has No Absolute Right to Legitimate Child Solely on Proof of Biological Fatherhood.
Patricia E. Swanson

Testimony of Accessory after the Fact Need Not Be Corroborated.
Claude M. McQuarrie III

Termination of Disability Benefit Payments without a Prior Hearing Is Not Violative of Due Process.
William R. Crow Jr.

The Speedy Trial Act - Justice on the Assembly Line.
Thomas Black

Wrongful Birth: The Emerging Status of a New Tort.
John R. Brantley

Exclusion of Depositions from the Jury Room: An Anachronism in Texas Rule 281.
George H. Spencer Jr.

Urban San Antonio and Redevelopment: A Perplexing Problem in All Major Cities Symposium - Legal Aspects of Environmental Problems.
William J. Gamble

Environmental Problems in Rural Development Symposium - Legal Aspects of Environmental Problems.
James F. Pigg

NEPA and Title VII: The Environment Meets New Communities at San Antonio Ranch Symposium - Legal Aspects of Environmental Problems.
Wayt T. Watterson

Protection of Underground Drinking Water Supplies - The Gonzalez Amendment to the Safe Drinking Water Act Symposium - Legal Aspects of Environmental Problems.
Seagal V. Wheatley and Roland Castaneda

The Regulation of Air Pollution in the San Antonio Area Symposium - Legal Aspects of Environmental Problems.
Joe P. Smyer

Introduction Symposium - Legal Aspects of Environmental Problems - Introduction.
Adrian A. Spears

A Defendant Has the Right to be Sued in County of Domicile When Suit Arises out of a Consumer Transaction.
Sylvester Anthony Mauro

Longshoremen's and Harbor Workers' Compensation Act - Benefits Extend Only to Those Working on the Seaward Side between the Ship and the First and Last Points of Rest of the Cargo.
Ruth L. Russell

Creditor's Demand upon Buyer's Default for Amount Including Unearned Interest Constitutes Charging.
Peter L. Bloodworth

Strict Liability Is Imposed on the Seller of a Defective Used Product.
Israel Ramon Jr.

Lease of Land by a Private Club from a Municipality Constitutes Sufficient State Action to Bring the Club's Discriminatory Conduct within the Fourteenth Amendment.
Steven D. Spiegel

The Texas Penal Code's Saving Clause.
William E. Black

Antitrust Malaise in the Newspaper Industry: The Chains Continue to Grow.
Gregory Neill Jones

Contempt Power of the Equity Court over outside Agitators.
John F. Dobbyn

Recreational Use of Texas Rivers - Recommendations for Adoption of the Texas Public Rivers Act.
Susan B. Biggs

Negligent Infliction of Emotional Harm to Bystanders - Should Recovery Be Denied.
Lawrence E. Likar

The Public Utility Regulatory Act Student Symposium - Public Utility Regulation in Texas.
Donald J. Maison Jr.

Ratemaking: The Mechanics of Regulation Student Symposium - Public Utility Regulation in Texas.
Mark P. McMahon

The Railroad Commission as Regulator of Natural Gas Utilities Student Symposium - Public Utility Regulation in Texas.
John Cornyn

Student Symposium - Public Utility Regulation in Texas - Introduction.
John Hill

A Proposal for Adoption of a Legal Doctrine of Ground-Stream Water Interrelationship in Texas.
James N. Castleberry Jr.

Federal Prisoner Petitions.
John H. Wood Jr.

Texas Sequestration Statute Amended to Comply with Due Process Requirements - Tex. Laws 1975, ch. 470.
William E. Black

The Possession by a Trustee of the Power to Alter the Time and Manner of Enjoyment of Life Insurance Proceeds Held in Trust Requires That the Value of the Proceeds Be Included in the Decedent Trustee's Gross Estate.
Alex Huddleston

Landlord May Not Exercise Contractual Lien over Tenant's Property without Affording Opportunity for Prior Notice and Hearing.
Betsy Hall

Private Damage Actions under SEC Rule 10b-5 Are Limited to Actual Purchasers or Sellers of Securities.
Roberta Gail Weatherby

A Final Judgment May Be Vacated When the Same Accident Produces Divergent Results in a Federal and a State Court.
James F. Pigg

Pragmatic Disgorging of Insider Profits: A Review of Cases Reported under Section 16(b).
B. Thomas McElroy

Ex Parte Garnishment Statute Held Invalid.
Caroline W. Jackson

Scheme to Defame Political Candidate Coupled with Unreasonable Headlines Is Evidence of Actual Malice.
John Powell Covington

Evidence of Indictment Is Admissible to Show Motive, Bias or Interest of a Witness Not a Party to the Prosecution.
Jess C. Rickman

Customer-Bank Communication Terminals and Branch Banking.
Martha I. Macartney

Grand Jury Reports: An Examination of the Law in Texas and Other Jurisdictions.
Richard Meyer

Survey of Special Issue Submission in Texas - Introduction.
Orville C. Walker

What Price, Gas.
Raymond B. Kelly III

Student Suspension and Expulsion Proceedings in Tax Supported Institutions: What Process Is Due.
Marc I. Steinberg

Sellers' Right to Reclaim Has Priority over a Perfected Security Interest.
James M. Smith

Texas Death Penalty Statutes Comply with the Discretion Requirements of the United States Supreme Court.
Kay C. Martinez

Potential Dilution of Minority Voting Strength Not within Area of Constitutional Review.
Stephen L. Hubbard

Elimination of the Distinctions between Trespassers, Licensees, and Invitees - Landowner Has a Duty of Reasonable Care to Foreseeable Entrants.
Lawrence Likar

Fact of Possible Future Inflation Will Not Be Included in the Calculation of Future Damages.
Susan B. Biggs

Mergers in Regulated Industries: The Role of the Regulatory Agency.
C. Paul Rogers III

Deed of Trust Mortgage: Foreclosure Problems Student Symposium - Texas Land Titles: Part II Student Symposium.
Gershon Dean Cohen

Procedural Aspects of Land Title Suits Student Symposium - Texas Land Titles: Part II.
James W. Moore

Adverse Possession: The Twenty-Five Year Statutes of Limitation and Disabilities Which Toll Limitations Student Symposium: Texas Land Titles: Part II.
Holmes Thomas Bennett

Adverse Possession: The Three, Five and Ten Year Statutes of Limitation Student Symposium - Texas Land Titles: Part II.
Frank S. Morrill

Relinquishment of State Owned Minerals - The Agency Relationship between the Owner of the Soil and the State Student Symposium: Texas Land Titles: Part II.
Bobby L. Freeman

Introduction Student Symposium - Texas Land Titles: Part II - Introduction.
Aloysius A. Leopold

Evidence Admissible during the Punishment Stage of a Criminal Trial.
Joseph F. Smith

Military Retired Pay in Texas: A New Outlook.
Joseph F. Sage

Declining Balance of Principle Must Be Accounted for When Calculating Interest at the Maximum Legal Rate.
Richard Meyer

An Unpaid Subcontractor Is Entitled to an Equitable Lien on the Retainage When There Is No Bond.
Martha I. Macartney

Divided Damages - The Albatross of the Modern Mariner.
Howard E. Davis Jr.

Proposed Legislation for the Licensing of Automotive Repair Facilities and Mechanics in Texas.
T. Pollard Rogers

Division of Marital Property on Divorce: A Proposal to Revise Section 3.63.
J. Brian Sokolik

Implied Covenant of Development and Further Exploration - Dilemma or Solution.
James Irwin Calk

Parol Evidence to Prove Resulting Trusts.
Mance M. Park

Community Property and the Homestead Student Symposium - Texas Land Titles: Part II.
Michael F. Archer

Try, Try, again - A Proposal to Limit the Scope of New Trials in Texas.
Jack Pope and Daniel J. Sheehan Jr.

Antitrust Policy and Taxation.
Gary Pinnell

The Environmental Class Action after Snyder and Zahn: Obtaining Federal Diversity Jurisdiction over the Class through Application of Ancillary Jurisdiction.
Jeffrey D. Lavenhar

Covenant of Warranty Student Symposium: Texas Land Titles.
Barbara E. Rosenberg

The Common Law Covenants, the Covenant of Habitability, and the Covenant against Encumbrances Student Symposium - Texas Land Titles.
Robert Hoagland

Registration of Deeds Student Symposium - Texas Land Titles.
David C. Pennella

Operation and Construction of Deeds Student Symposium - Texas Land Titles.
Mance M. Park

Introduction Student Symposium - Texas Land Titles - Introduction.
Aloysius A. Leopold

Evidence of Post-Accident Failures, Modifications and Design Changes in Products Liability Litigation.
Don L. Davis

The Sole Maker of A Promissory Note Is an Accommodation Party for Payee When Notes Executed for Sole Purpose of Allowing Payee to Obtain Credit.
Holmes Thomas Bennett

The Interests of a Wife in Joint Management Community Property Are Not Affected by an Action to Which She Is Not a Named Party.
J. Brian Sokolik

An Accused May Waive the Privilege to Testify through Disruptive Courtroom Conduct.
Stuart F. Lewis

Sex Discriminatory Admission Policies in Public Schools Subject to Stringent Judicial Review.
Judith A. Johnson

Salvaging Tax Benefit from Losses on Intercorporate Loans and Investments.
Robert J. Johnson

Areas of Changing Interpretation: The Positional Risk Doctrine Student Symposium - Workmen's Compensation: A Pandect of the Texas Law.
John F. Scarzafava

Areas of Changing Interpretation: Heart and Neurosis Cases Student Symposium - Workmen's Compensation: A Pandect of the Texas Law.
Mary Ellen Endres

Procedure before the Industrial Accident Board and on Appeal to the Courts Student Symposium - Workmen's Compensation: A Pandect of the Texas Law.
John Kenneth Sharber

Scope of the Act: Benefits Student Symposium - Workmen's Compensation: A Pandect of the Texas Law
Robert W. Warach

Scope of the Act: Eligibility and Injuries Student Symposium - Workmen's Compensation: A Pandect of the Texas Law.
Thomas Pollard Rogers

Introduction Student Symposium - Workmen's Compensation: A Pandect of the Texas Law: Introduction.
Henry D. Akin

A Further Inquiry into the Quality of Indigent Felony Defense.
Richard L. Huff

Purchased Gas Adjustment Clauses: An Adjuster's Viewpoint.
G. William Fowler

Specific Performance Is Not Automatically Available to the Vendor of a Condominium Unit.
Bobby L. Freeman

Alaska Durational Residency Requirement Held Unconstitutional.
John R. Lenahan Jr.

Strict Liability Is Imposed upon Supplier of Chattel under Lease.
Frank J. Cavico Jr.

Ex Parte Prejudgment Replevin Statute Held Valid.
James I. Calk

Constitutional Standards for Applying the Plain View Doctrine.
Bennie F. Steinhauser Jr.

Benefits to the Unborn under the Aid to Families with Dependent Children Program: Is There Legislative Intent.
Gershon Dean Cohen

The Assigned Risk in Texas: The Questions of Agency and Absolute Liability.
Timothy Tynan Griesenbeck Jr.

A Review of Significant Legislation and Case Law Concerning Consumer Credit.
Joe P. Smyer

Equal Protection in Zoning - Restricting Dwelling Use to No More Than Two Unrelated Persons Is Constitutional.
John Kenneth Sharber

Applying the Administrative Procedure Act to Federal Parole Decision Making.
Campbell McGinnis

Reasonable Needs of the Business: The Section 537 Question.
Gary Pinnell

Environmental Protection: Citizen Action Forcing Agency Compliance under Limited Judicial Review.
Mary Ellen Endres

The Putative Father's Rights after Roe v. Wade.
William E. Tapovatz

The Omnibus Proceeding: Clarification of Discovery in the Federal Courts and Other Benefits.
J. Michael Myers

Defense Counsel and the First Amendment: A Time to Keep Silence, and a Time to Speak.
Jeffrey Cole and Michael I. Spak

The Evolution of the Administrative Process under the New Texas Savings and Loan Act.
John C. Phillips

New York No Longer Applies the Doctrine of Imputed Contributory Negligence in Automobile Accident Cases.
Robert Hoagland

An Owner or Occupier of Land Is Not Liable to Invitees Injured during the Owner's Resistance to Criminal Demands.
Dan Ray Waller

Agricultural Labor Unions Are Exempt from Liability for Violation of Some Aspects of Federal Antitrust Law.
Jeffrey D. Lavenhar

Some Problems of Supreme Court Review.
Michael A. Hatchell and Robert W. Calvert

Employee Compensation Plans: The Need for Stricter Regulation Student Symposium - Interpreting the Statutory Definition of a Security: Some Pragmatic Considerations.
Margaret Gray Knodell

Applying Securities Regulations to Sales of Club Memberships Student Symposium - Interpreting the Statutory Definition of a Security: Some Pragmatic Considerations.
James P. Brennan

Real Estate Investments as Securities: The Sufficiency of the Howey Test Student Symposium - Interpreting the Statutory Definition of a Security: Some Pragmatic Considerations.
John W. McLeod

Oil Interests as Securities: The Enumerated vs. the General Definition Student Symposium - Interpreting the Statutory Definition of a Security: Some Pragmatic Considerations.
David W. Townend

Approaches to the Regulation of Franchises, Founder-Member Contracts, and Referral Sales Agreements Student Symposium - Interpreting the Statutory Definition of a Security: Some Pragmatic Considerations.
Patrick K. Sheehan

Introduction Student Symposium - Interpreting the Statutory Definition of a Security: Some Pragmatic Considerations - Introduction.
Joseph C. Long

The Texas Urban Renewal Law - An Important but Primitive Tool for Community Development.
Arthur Troilo

A Review of Significant Legislation and Case Law Concerning Consumer Credit.
Joe P. Smyer

Classification Problems with Daily and Seasonal Commuters.
Thaddeus R. Lorentz

False and Fraudulent Material Is Entitled to Copyright Protection.
James R. Low Jr.

Owner in Texas Not Precluded from Providing Additional Security.
Margaret McCracken

Airport Security Measures Allow Warrantless Search of Checked Luggage.
Robert M. Spurlock

Union's Waiver of Initiation Fees Interferes with Employee's Freedom of Choice in Representative Elections and Constitutes an Unfair Labor Practice.
William R. Garmer

The Commingling of Separate and Community Funds: The Requirement of Tracing in Texas.
Charles J. Fitzpatrick

Compensation for Partial Takings in Texas.
A. Chris Heinrichs

The Hardeman Act - Some Unanswered Questions.
M.K. Woodward

Common Law Fiduciary Concepts Extend Liability for Disclosure of Inside Information to Third Parties.
Matthew M. Julius

Workmen's Compensation and Employer Suability: The Dual-Capacity Doctrine.
Mary Quella Kelly

The Texas Rule of Liability of Owners and Occupiers of Land for Injuries Sustained by Business Invitees on the Premises - Revisited and Reconsidered.
Larry R. Patton

The Expanding Rights of Third Parties under the Internal Revenue Service's Tax Preparers Project: A Limit on Internal Revenue Fishing Expeditions.
Gregory A. Mazza

Creditors' Post-Judgment Remedies in Texas.
Student Symposium

Creditors' Self-Help Remedies under UCC Section 9-503: Violative of Due Process in Texas.
David Hughes

Comparative Negligence and the Special Verdict.
Carlos C. Cadena

The Defense of Assumption of Risk under Comparative Negligence.
Joe E. Anderson

Ohio Clarifies Position on Judicial Impartiality.
Virginia M. Jordan

A Corporation May Not Contribute Funds to Affect the Outcome of a Referendum.
Larry D. Brockman

Unlawful in Texas to Waive Right to File a Claim in Return for Compensation.
Preston L. Dodson

Comparative Negligence: An Exercise in Applied Justice.
Wayne Fisher, James Nugent, and Craig Lewis

Constructive Knowledge of Defective Condition Is Imposed upon Landowner.
A. Chris Heinrichs

State Trade Secret Law May Not Grant Privileges Denied by Federal Patent Law.
Margaret Gray Knodell

Limitation on Artificial Accounting Losses (LAL): Another Assault on the Tax Shelter.
Jeffrey Clarke Anderson

Pyramiding of Uninsured Motorist Protection: The Confusion Inherent in Overgeneralization.
Myron E. East Jr.

Negligence Per Se and Excuse for a Statutory Violation in Texas.
Frank Bivin Murchison

Exercise of Federal Court Jurisdiction Not Specifically Conferred - Introduction: If This Be Treason.
Robert K. Walsh

Statutory Grandchild Visitation.
Duncan Gault

Legislative Ethics, 1973.
James R. Nowlin

Perfection of a California Tax Lien.
Lewis D. Wall

Reduction and Exclusion Clauses in Uninsured Motorist Coverage.
Royal H. Brin Jr.

A Further Liberalization of the Minimum Contracts Requirement.
James P. Brennan

A State-Operated Law School May Grant Special Consideration to Minority Applicants in Selection of Students.
Charles J. Fitzpatrick

The Jurisdictional Scope of the Celler-Kefauver Act Has Been Expanded.
Gregory A. Mazza

The Right of Privacy Is Recognized in Texas.
Patrick K. Sheehan

Fifth Amendment Protection Does Not Extend to Documents in Possesion of Taxpayer's Attorney.
Samuel R. Graham

Requirements for Impeachment of Sheriff Returns as Good Excuse When Setting Aside Domestic Default Judgments.
Joseph H. Vives

The Clouded Issue in Public Welfare: Right v. Privilege.
Judith Harris Brown

Who Has Access to the Private Offering Exemption.
John D. Fisch

Difficulty in Maintaining Truth in Lending Suits as Class Actions.
Sue M. Hall

Problems in Upholding the Standard for Female Employees.
Michael H. Bailey

Public Impairment of Right to Access Is Compensable.
Larry W. Harrison

A Prejudgment Remedy Myst Provide Notice and a Prior Hearing.
Michael J. Noonan

Nonparticipating Corporate Director Owes No Duty to Insure That All Material, Adverse Information Is Conveyed to Prospective Purchasers.
Robert F. Nelson

Mobile Home Financing.
James N. Castleberry

The Texas Legislature Has No Authority to Exempt from Ad Valorem Taxation a Fraternal Organization's Property Which Is Being Used for Non-Charitable Activites, Unless Such Use Is in Furtherance of a Charitable Purpose.
Tommy Mac Gumroy

Interlocutory Orders Are Not Appealable in Government Civil Antitrust Litigation.
Donald C. McCleary

Devitalization of the Right to a Speedy Trial: The Per Case Method v. the Per Se Theory.
J. Michael Myers

Travel: The Evolution of a Penumbral Right.
Cynthia Hollingsworth Cox

The Implied Warranty of Habitability in Landlord-Tenant Relationships: The Necessity of Application in Texas.
Stephen Bond Paxson

The Case for Recognition of an Absolute Defense or Mitigation in Crimes without Victims.
John F. Decker

Product Liability and the Meaning of Defect.
Page Keeton

The Authorization Procedure: Fact or Fiction.
Ronald H. Budman

The Texas Politics of Today's Products Liability.
Warren Freedman

Expansion of the Equal Protection Clause as a Constitutional Challenge to State Laws Disfranchising Felons.
William R. Schipul

Does Prohibiting Government Employees from Taking Any Active Part in Political Management or in Political Campaigns Contravene First Amendment Guarantees.
Charles E. Beck

Viability of the Discovery Rule as a Criterion to Determine When a Cause of Action Accrues in Medical Malpractice Actions.
Glory Sturiale

When an Employee Is Loaned, Both the General and Special Employers Are Liable for the Tortious Acts of That Employee on the Basis of the Public Policy Which Places Liability on the Employing Persons or Firms Which Can Best Insure against the Risk, Guard against It, and Which Can Most Accurately Predict the Cost of the Risk and Allocate Such Cost Directly to the Consumer.
James A. Childress

A Search Warrant Is Not Required Where There Is Probable Cause to Search a Chattel Consigned to a Carrier.
Frank B. Murchison

Absent Provisions in a Collective-Bargaining Contract or the Union's Constitution or Bylaws Restricting a Union Member's Right to Resign, any Imposition of Fines upon Employees Who Resign from the Union Prior to Breaking Strike Rules Is an Unfair Labor Practice under Section 8(b)(1)(A) of the National Labor Relations Act .
John S. Strickland

Accused May Be Compelled to Provide Handwriting Exemplars, Voice, Blood, and Urine Samples without Violating the Constitutional Safeguards against Self-Incrimination.
David Brian Armbrust

The United States Government Breached Its Fiduciary Duty by Paying Oklahoma Estate Tax on the Property of a Noncompetent Osage Indian without Determining Whether Intervening Cases and Internal Revenue Rulings Had Removed the Requirement for Paying the Tax.
Phyllis Wilson Gainer

The Texas Legislature Expressly Waived Sovereign Immunity in Suits against the State of Texas under the Texas Tort Claims Act in Federal as Well as in State Courts.
Jeffrey C. Anderson

Although Judges and Quasi-Judicial Officers Are Immune from Action for Damages under the Civil Rights Statutes for Acts Accomplished in the Discharge of Their Official Duties, When a Class Discrimination Is Alleged, Both Judicial and Quasi-Judicial Officers May Be Mandatorily Enjoined from Further Infringement upon the Rights of the Complaining Class.
Adrian Gregory Acevedo

The Federal Jury.
Joe J. Fisher

Where Emotional Stress and Strain Arising from an Automobile Accident Are Superimposed upon a Dormant Heart Condition So as to Cause Death, Recovery May Be Had under the Provisions of an Insurance Policy Insuring against Accidental Bodily Injury and Death.
Patricia Koch Irvine

Reaching Age Seventeen Does Not Render Appeal of Waiver Moot But Only Prevents a Remand If the Case Is Reversed.
Cynthia Hollingsworth Cox

The Condemnor Has the Right to Show the Reasonably Foreseeable and Probable Uses of the Tract Condemned So That the Jury May Consider This Factor with All Other Matters in Reaching a Market Value Determination Respecting the Remainder Tract.
Stephen Bond Paxson

Economic Coercion as Plaintiff's Defense to Volenti Non Fit Injuria in Strict Liability Actions.
Charles T. Locke

The Franchisor's Dilemma: Justifying Tying Arrangements in Antitrust Suits.
Larry R. Patton

The Recovery of Attorney Fees in Texas.
Larry Glenn Hyden

Prisoners' Redress for Deprivation of a Constitutional Right: Federal Habeas Corpus and the Civil Rights Act.
Daniel J. Sheehan Jr.

Crashworthiness: Defective Product Design - Secondary Impact Liability in Texas.
Franklin D. Houser

The Cross Section Principle as a Constitutional Right and the Use of Voter Registration Lists as an Administrative Technique to Insure a Defendant Due Process under the Law.
Ellen E. Cook

Psychiatrist's Testimony That State's Principal Witness's Psychological Condition Might Prompt Him to Distort Facts Was Not Admissible for Purposes of Impeachment of the Witness.
Joseph H. Vives

1) A Consent to a Search and Seizure Can Be Shown When Words Constituting Consent Are Given after Officers Allege They Have Possession of a Search Warrant; 2) The Right of Confrontation Is Not Violated When an Out of Court Confession of a Third Person Is Introduced at Trial and Implicates the Accused.
Michael L. Vaughn

An Other Insurance Provision Is Ineffective in Limiting Recovery from an Insurer for Actual Damages Caused by an Uninsured Motorist.
J. Michael Myers

Negligence of a General Agent Is Not Imputed to the Principal So as to Bar Recovery on Principal's Action for Damages Sustained by the Concurrent Negligence of His Special Agent.
John S. Reagan

Public Housing Authority's Use of Exculpatory Clause in Lease Agreement Is Not Contrary to Public Policy.
Charles Michael Montgomery

The Right of Bystanders to Recover upon Witnessing Injury or Peril of Third Persons - Damages.
Michael R. Ezell

Under a 99-Year Lease, a Lessor, Who Permitted, but Did Not Require, His Lessee to Demolish His Buildings and Construct New Improvements, Was Entitled to a Deductible Demolition Loss under Section 165 of the Internal Revenue Code of 1954.
Ron D'Addario

In the Interest of Justice.
Robert W. Calvert

A Covenant Constitutes a Complete Exoneration of Employee and Removes Any Foundation upon Which to Impute Negligence to Employer.
Cynthia Hollingsworth Cox

The Government May Withhold Investigatory Materials Compiled for a Law Enforcement Proceeding Which Has Been Terminated.
George Aaron Taylor

Where an Employee Is Injured in a Case for Which Compensation Is Payable under Circumstances Creating Liability in Some Party Other Than the Compensation Subscriber, the Employee Must Make an Election to Proceed against the Third Party or the Compensation Carrier within Two Years from the Date of the Accident.
Myron E. East Jr.

A Complaint under the Robinson-Patman Act Need Not Allege That One of the Sales Involved Was Interstate in Character as Long as It Charges That Interstate Sales Were Used to Underwrite Allegedly Discriminatory Intrastate Price-Cutting Tactics.
Michael D. Wagner

Evidence of an Extraneous Offense Offered to Rebut a Defensive Theory Urged by the Defendant Is Admissible Even Absent a Showing That the Defendant Was the Perpetrator of the Extraneous Offense.
Daniel J. Sheehan Jr.

Aliens: The Unconstitutional Classification for Admission to the Bar.
J. Rand Cliffe

Vicarious Liability of an Employer for an Assault by His Servant: A Survey of Texas Cases Reexamining the Rule of Force.
Charles E. Cantu

Damages for the Death of a Minor Child under the Texas Wrongful Death Act.
Paul F. Ferguson

Is an Action for Breach of an Implied Warranty Recoverable under the Texas Wrongful Death Act.
Larry Glenn Hyden

A Paying Patient in a County Hospital May Not Maintain a Cause of Action in Tort in the Event of Injuries Sustained as the Result of the Negligence of Hospital Employees.
Larry R. Patton

A State's Juvenile Statute Which Contains an Age-Sex Disparity Must Be Supported by a Purpose Which Is Reasonable Rather Than Arbitrary and Invidious.
Robert S. Flaniken

A Discharged Attorney Is Limited to Quantum Meruit Recovery for the Reasonable Value of His Services and the Right of Recovery under a Contingent Fee Contract Does Not Accrue until the Occurrence of the Contingency.
Sean P. Martinez

The Legislature May Not Validly Exempt the Property of a Nonprofit Water Supply Corporation from Taxation.
Charles T. Locke

Relatives' Responsibility Law Requiring Financially Able Adult Children to Contribute to the Support of Their Needy Parents Has a Rational Relation to a Conceivably Legitimate State Purpose and Does Not Transgress the Constitutional Equal Protection Guarantee.
Garvin P. Stryker

Regulation Governing the Length of Hair Is One That Is Not Cognizable in the Federal Courts, Nor Is Such Right to be Found within the Plain Meaning of the Federal Constitution.
Thomas N. Willess

The Unpopular Cause in Times Like These.
Leon Jaworski

Social Security Act Requires States to Subtract Non-Exempt Income from the Standard of Need Rather Than the Statutory Maximum Grant When Computing AFDC Benefits.
Janice C. McCoy

The Admissibility of Gruesome Photographs in a Criminal Trial Is Based on Their Competency, Materiality, and Relevancy to the Issue on Trial and Are Admissible If a Verbal Description of the Scene of the Crime Would Be Admissible, Unless the Photographs Are Offered Solely to Inflame the Minds of the Jury.
Steven M. Lee

Grand Jury Witness Has Standing as an Aggrieved Person and May Suppress Evidence Obtained as a Result of an Illegal Wiretap.
Terrence W. McDonald

Imprisonment Constitutes Abandonment Such as Is Contemplated by the Adoption Statutes So as to Dispense with the Consent of a Natural Father in an Adoption Proceeding for His Child, and Failure to Support Due to Imprisonment Dispenses with the Right of the Natural Parent to Object to an Adoption Proceeding for His Child.
Charles J. Bondurant

Benefits vs. Money as Compensation in a Partial Taking.
Shelby A. Jordan

The Balance between Individual Rights and Family Preservation: The Future of the Parent-Child Immunity Doctrine in Texas.
Robert L. Galligan

The Definition of Indigency: A Modern-Day Legal Jabberwocky.
Charles E. Evans

Corporate Taxation in 1971; Something New, Something Old.
Malcolm L. Shaw

When a Servant Is Following the Express Orders of His Master by Going to Work in His Own Automobile, but It Is Not within Usual Working Hours and Not for the Performance of Regular Duties, the Special Errand Rule May Be Applied in Determining the Necessary Venue Facts under Article 1995.
Edward K. Gurinsky

In the Determination of Aliens Deportable under 8 U.S.C. 1251(a)(4) the Crime of Statutory Rape Is Usually Classified as Rape and Such a Crime Manifestly Involves Moral Turpitude.
Jeptha C. Tatum

Asportation or Carrying Away Is a Necessary Element of the Offense of Kidnapping.
N. E. Maryan

The Pyramiding of Presumptions and Inferences in Texas.
Carlos S. Cadena

Constitutional and Statutory Provisions Concerning Voter Qualifications as Consistently Construed by Texas Decisions, Do Not Violate But Strengthen the Equal Protection Clause of the Fourteenth Amendment.
Allen Cazier

Remanding an In-Service Conscientious Objector Case to the Military: Use or Abuse of the Power to Remand.
Jerry G. DuTerroil

Qui Tam Actions against Polluters of Navigable Waters: An Attempted Augmentation of Refuse Act Enforcement.
John C. Cernkovich

The Texas Aeronautics Commission and Its Rate Regulating Function.
Richard Gary Thomas

The Relationship of State and Lower Federal Courts in Criminal Constitutional Litigation.
J. Rand Cliffe

Puritan, Indian, and Agrarian: A Critical Essay on the History of Law, Environmental Values, and Rhetorical Strategy.
Rennard Strickland

Primary Requirements for the Application of the Federal Writ of Habeas Corpus and Its Problem Areas.
L. Vance Stanton

A Riparian Owner Can Be Divested of the Right to the Use of the Water Flowing by His Land for Failure to Timely File for a Permit with the Texas Water Rights Commission.
Robert L. Galligan

When a Specific Governmental Function Is Carried out by Heavily Subsidized Private Firms or Individuals Whose Freedom of Decision-Making Has, by Contract and the Reserved Governmental Power of Continuing Oversight, Been Circumscribed Substantially More Than That Generaly Accorded an Independent Contractor, the Coloration of State Action Fairly Attaches - As Far as These Tenants Were Concernced, the Landlord Could Not Evict Them for Exercising Their First Amendment Rights.
Lawrence E. Noll

Amalgamation of Interlocutory Orders into One Final Judgment.
Orville C. Walker

A Group of Consumers Who Have Bought Merchandise under Installment Contracts May Maintain a Class Action Seeking Recission of the Contracts for Fraudulent Misrepresentations on Behalf of Themselves and Others Similarly Situated.
John E. Murphy

The Duty of the State Is to Act at Once to Eliminate by Positive Means All Vestiges of the Dual School Structure and to Compensate for the Abiding Scars of Past Discrimination.
David B. Lobingier

1) A Child Beneath the Age of Five Charged with Contributory Negligence Cannot Be Negligent as a Matter of Law; 2) A Defendant Is Entitled to a Definition and Explanatory Charges of Unavaoidable Accident by Reason of the Child Plaintiff Being Incapable of Negligence; 3) Sole Proximate Cause Is Immaterial to the Function of the Sudden Emergency Doctrine; 4) Unavoidable Accident and Sudden Emergency Are No Longer Subject to Special Issue Submission.
Herbert E. Dickey Jr.

A Defendant's Testimony, Which Is Expounded on Direct Examination or Elicited on Cross-Examination, May Be Rebutted by the Prosecution's Introduction of Evidence, Obtained in Violation of Gideon, for the Purpose of Impeaching the Defendant's Credibility, Regardless of Whether Such Evidence Pertains to a Collateral Matter or Is Directly Related to the Crime in Question.
Russell C. Busby

The Reasonable Necessity Limitation Extends to the Superadjacent Air Space and the Reasonableness of a Surface Use by the Lessee Is to Be Determined by a Consideration of the Circumstances of Both the Mineral Lessee and the Owner of the Surface Estate, But the Issue Is Not a Question of Inconvenience to the Surface Owner.
Peter R. Tinsley

A Public School Financing System Which Relies Heavily on Local Property Taxes and Causes Substantial Disparities among Individual School Districts in the Amount of Revenue Available Per Pupil for the District's Educational Grants Invidiously Discriminates against the Poor and Violates the Equal Protection Clause of the Fourteenth Amendment.
Lawrence J. Blume

The Mere Announcement of Impending Condemnations, Coupled as It May Well Be with Substantial Delay and Damage, Does Not, in the Absence of Other Acts Which May be Translated into an Exercise of Dominion and Control by the Condemning Authority, Constitute a Taking so as to Warrant Awarding Compensation.
Shelby A. Jordan

A Medical Partnership Owes a Duty to the Families of Its Patients to Exercise Ordinary Care to Prevent a Partner or Employee, Who Is Acting outside the Ordinary Course of Business, from Tortiously Interfering with Family Relations, While the Partner or Employee Is on the Premises of the Clinic or Purportedly Acting as a Representative of the Partnership Elsewhere.
Jan Weaver Busby

A General Power of Appointment Created after 1942 by the Will of the Donor Is Taxable to the Estate of the Donee without Regard to Probate of Donor's Will Where the Donor and Donee Were Killed Simultaneously under Circumstances Where the Survivor Could Not Be Determined.
Charles R. Billings

San Quentin Prison Officials Are Permanently Enjoined from Enforcing or Using Disciplinary Proceedings Which Deprive Prisoners of Their Constitutional Rights for the Reason That They Violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment.
Arthur R. Thormann Jr.

A Study in the Treatment of Crime and Law Enforcement in the United States as Compared to the European Countries.
George E. Glos

Intended Use Doctrine: Cautionary Labeling Is Both Permitted and Required by the Statute and Prohibition of Sales in Toy Stores or Store Departments Dealing Predominantly in Toys or Children's Articles Is a Reasonable Method to Assure against Use by Children Not Likely to Heed Warnings for Safe Use.
Robert Morrison

The Statute of Limitations Does Not Begin to Run against the Right to Recover from a Treating Physician for Malpractice Involving a Misdiagnosis until the Injured Patient Knows or Should Have Known of the Physician's Negligence.
Gary B. Weiser

Confessions Given More Than Six Hours after Arrest during a Delay in Arraignment Are Admissible under 18 U.S.C. 3501(c), Although the Trial Judge under Subsection 3501(b) May Take into Account Delay in Arraignment in His Determination of Voluntariness.
Keith E. Kaiser

Border Searches: An Exception to Probable Cause.
Ronald R. Winfrey

The Authorization of Warrantless Wiretapping by the President in National Security Matters Involving Domestic Dissidents.
William F. McQuillen

Search Warrants: The Requisites of Validity.
Michael J. McCormick

Arbitration in the Settlement of Jurisdictional Disputes.
Louis A. Cappadona

The Texas Limited Partnership as a Vehicle for Real Estate Investment.
Robert Leon Sonfield Jr.

The Exclusionary Rule Is Not Applicable in a Parole Revocation Proceeding.
Edward Raymond Woolery-Price

A Felon Can Be Held Responsible for a Murder Committed by a Fear-Motivated Victim - Responsibility Is Based on a Theory of Vicarious Liability and Not Felony-Murder.
Remy J. Ferrario

An Action Based on Strict Tort Liability Is Maintainable against the Hospital That Furnished Blood Contaminated with Hepatitis to Patient.
Jerry G. DuTerroil

The Attorney-Client Privilege Has Viability for the Corporate Client in a Suit Brought against It by Its Stockholders - The Privilege, However, Is Subject to the Right of the Stockholders to Show Good Cause Why It Should Not Be Invoked in the Particular Instance.
William Palmer

An Appropriator Acquires a Vested Right in the Beneficial Use of Water Allocated to Him but Does Not Acquire a Vested Right to the Non-Use of Water Thus Allocated - Article 7519A Is a Retroactive Law Not Prohibited by the Texas Constitution Because It Does Not Operate as a Deprivation of a Vested Right.
Richard Gary Thomas

Where Strong Evidence of Actual Guilt Substantially Negated Defendant's Claim of Innocence and Provided Strong Factual Basis for the Guilty Plea, Defendant Being Represented by Competent Counsel, Court Committed No Constitutional Error in Accepting Guilty Plea despite Defendant's Claim of Innocence and Fear of Death Penalty, and Such Was Voluntarily and Intelligently Pleaded.
P. Blake Hedblom

The Executor's and Administrator's Statutory Compensation in Texas.
Ben G. Sewell and Paul W. Nimmons Jr.

Aerial Photography Is an Improper Means of Acquiring a Trade Secret When Countervailing Defenses Are Not Reasonably Available to the Owner of the Trade Secret and Trade Secrets May Be Properly Discovered Only by Reverse Engineering, Independent Research or if the Owner Voluntarily Reveals the Secret.
Ronald R. Winfrey

On Its Own Motion, the Commission Can Reopen Proceedings for Reconsideration of a Previously Denied Application for a Certificate of Public Convenience and Necessity on the Existing Record.
G. William Fowler

Ice Cream Truck Vendor Has Duty of Due Care to Protect His Minor Business Invitees; Whether He Breaches This Duty and, if So, Whether Such Breach Is the Proximate Cause of a Patron's Injury Is a Fact Question, Precluding Summary Judgment.
Charles J. O'Connor

The Absolute Defense of Interspousal Immunity in Actions for Tort is Abrogated Prospectively, as to All Causes of Action Arising after This Date, and is Abrogated as to the Instant Cases.
Keith E. Kaise

Partitioning Community Property.
E. Lou Curry

Eminent Domain - Enhanced Value Due to Project as an Element of Market Value in Texas Condemnation Law.
Sidney K. Gibson

Intervention by an Automobile Insurance Company in a Suit by Its Insured against an Uninsured Motorist.
Ronald F. Sceglio

The Jury System and Special Verdicts.
Judge Ernest Guinn

Texas Code of Criminal Procedure Requires That Grand Jury Commissioner be a Freeholder.
Robert A. Shivers

The Term Assailing Thieves in Marine Insurance Policy Provided Coverage for Theft by Force or Violence of Personal Property on Vessel, Not Coverage for Theft of Vessel Itself.
George C. Shoemaker

When the Promisor Assumes Primary Responsibility and His Leading Object Is to Serve Some Interest or Purpose of His Own, Notwithstanding the Effect Is to Pay or Discharge the Debt of Another, the Oral Promise Is Not within the Statute of Frauds.
Alan Jay Rich

A Surviving Joint Owner's Interest in Bank Account Is Not Taxable under Tex. Tax.
Anthony N. DeLuccia Jr.

Child Benefits Acquired under Adoption by Estoppel - Children Not Legally Adopted According to Statute Are Nevertheless Adopted by Adoptive Parents under the Doctrine of Adoption by Estoppel and Entitled to Child Benefits under the Social Security Act.
John Sifuentes

Imprisonment of an Indigent Defendant for Failure to Pay a Fine Constitutes an Invidious Discrimination, on the Basis of Wealth, Violating the Equal Protection Clause of the 14th Amendment.
William F. McQuillen

Want of Trustee as Affecting the Creation of Trusts.
Arthur Yao

As a Matter of Law, Carrier Had Fulfilled Its Duty to Passengers When Its Driver after Warning Certain Passengers to Quieten Down, Left the Bus to Summon the Police, and a Passenger Was Injured in His Absence, as There Was No Duty to Remove, Restrain, or Eject Assailant.
Donato D. Ramos

The Realities of Contemporary Rental Agreements Require the Application of Implied Warranty of Habitability and Fitness as a Just and Necessary Implication from the Contractual Nature of a Lease of a Dwelling.
V. Camp Cuthrell

A Reminder to the Courts of the Purpose of the Nunc Pro Tunc Entry and the Basic Distinction That Serves as a Guide for Its Application.
Morton L. Herman

Antedated Contract of Property Insurance May Protect against a Loss Occurring Prior to Issuance of the Policy, Absent Fraud or Negligent Concealment.
Barry Snell

Conscientious Objector: Legal Definition of Religion and First Amendment Governmental Neutrality.
Thomas A. Martin

Statutory Guidelines for Determining Fair Share.
Jed B. Maebius Jr.

The Pitfalls of Practice before the Regional Offices of the National Labor Relations Board.
Ben F. Foster Jr.

Advantages and Pitfalls for Texas Professional Corporations.
Leonard Leighton and Edgar M. Duncan

Texas Statute Authorizes a Relocation Assistance Program to Compensate Owners When Moving From Property Taken in the Acquisition of Right of Way for Highways.
P. Blake Hedblom

An Appeal from Judgment Entered Pursuant to Texas Rule of Civil Procedure 174(b), Separate Trials, is Interlocutory and There is No Basis for Treating an Order for a Separate Trial as an Order of Severance.
James A. Smith

There is no Abandonment of an Easement Taken by Eminent Domain Unless There is an Intention to Abandon the Easement Prior to the Taking by Eminent Domain; Therefore the Easement Owner at the Time of Taking is Entitled to the Award.
J. M. Holbrook

A Claim of Innocence, Even if Vindicated by Acquittal, Affords No Legal Justification for Refusing the Test.
E. Lou Curry

Vernon's Annotated Texas Civil Statutes Article 2338-1, Section 3(f), Defining Delinquent Child as One Who Habitually So Deports Himself as to Injure or Endanger the Morals or Health of Himself or Others, is Not Unconstitutionally Vague.
Raul Garcia

For Suspension of Driver's License to be Ordered under the Motor Vehicle Security Responsibility Law, It Must be Determined Whether There Is Reasonable Possiblity That Judgment May be Recovered against the Driver in Question.
John A. Pizzitola

Statutory Presumption of Illegal Importation of Cocaine is Unconstitutional.
Ricardo D. Palacios

Informing a Jury of the Legal Effect of Its Answers.
James G. Denton

Payment by a Corporation to an Exempt Organization Owning 75 percent of the Corporation's Stock Was a Dividend Rather than a Charitable Contribution.
Barry H. Edelman

Tort Claimant May Seek to Set Aside Fraudulent Conveyance Prior to Reducing His Claim to Judgment.
William H. Bingham Jr.

Provisions of Jones Act Applicable So as to Allow Recovery to Alien Seamen Injured in a United States Port on a Foreign Flag Vessel Owned and Controlled by United States Alien Domiciliaries.
Raul Garcia

In Construing Sufficient Cause of Texas Rule of Civil Procedure 329b(5), the Requisites for Equitable Relief in a Garnishment Default Judgment Are (1) A Meritorious Defense, (2) Lack of Fault by Garnishee in Failing to Answer, (3) and Fraud or Wrongful Act of the Other Party in Preventing Garnishee from Defending the Action.
Karen J. Ruble

Welfare, Due Process, and the Need for Change.
V. Camp Cuthrell III

Res Ipsa Loquitur in Texas: The Element of Superior Knowledge.
Harvey R. Levine

Motions for Production of Documents - Texas Style .
Eugene B. Labay

The Original Writ of Mandamus in the Supreme Court of Texas.
James R. Norvell and Ronald L. Sutton

Oral Contract to Furnish Labor and Materials to Construct Houses to the Shell Homes Stage, Second Stage of Three Stages of F.H.A. Inspection, Was Not General Contract for Purpose of Relation Back of Mechanics' and Materialmen's Statutory Liens.
Robert Michael Clark

The Doctrine of Charitable Immunity Does Not Bar the Suit of a Paying Patient Seeking to Recover Damages Sustained as a Result of Negligence on the Part of an Agent, Servant or Employee of a Charitable Hospital.
Sidney Gibson

Residence Requirements Constitute an Invidious Discrimination Denying Applicants Equal Protection of the Laws, Violate the Due Process Clause of the Fifth Amendment, and Place a Chilling Effect on the Right of Interstate Travel.
Angelo P. Parker

Supreme Court of Texas is without Jurisdiction to Grant a Writ of Mandamus to Direct a District Judge to Dismiss an Indictment in a Criminal Case on the Ground that Relator was Denied a Speedy Trial.
John A. Pizzitola

Expert Medical Testimony in Texas.
Zollie Steakley

The Two Year Statute of Limitations is Tolled by the Defendant's Absence from the State after the Accrual of the Action, Notwithstanding the Availability of a Statute Providing for Substitute Service of Process.
Joe M. Westheimer Jr.

Miranda Warning Held Inapplicable to Tax Fraud Investigations in Absence of Custodial Atmosphere.
G. E. Wilcox Jr.

A Recovery for Cancer, Allegedly Caused by Radiation in the Course of Employment, Must Be Based on a Reasonable Probability of Causal Connection.
Michael J. McCormick

Continuing Problems of Travel and Transportation.
Leslie H. Williams Jr.

Texas Adopts the Discovery Rule for Limitations in Medical Malpractice Actions.
Phyllis Harper

Indispensable Parties.
Luther H. Soules III

The Contested Will Case.
Fred Erisman

Due Process and the Juvenile Offender.
Carlos Cadena

Tort Action Arose out of Automobile Collision in Which Failure of Plaintiff to Wear Seat Belts Gave Rise to a Concept of Mitigation of Damages Rather Than Contributory Negligence.
Clifford I. Weinstein

Illegitimate Children Have a Right Equal with That of Legitimate Children to Require Support by Their Father.
Miles J. Mullin

Federal Statute of Limitations Not Tolled Pending Settlement of Workmen's Compensation Claim.
Stanley R. Baker

To Insure Due Process and Equal Protection, Such Facts as Are Necessary to Adjudicate a Child Delinquent Must be Proved beyond a Reasonable Doubt Rather Than by a Preponderance of the Evidence.
G. P. Hardy III

Manufactured Diversity of Citizenship by Which an Out-of-State Guardian Was Selected to Prosecute the Suit of a Resident Minor, Did Not Constitute an Adequate Foundation for Federal Jurisdiction.
Dennis J. Healey

Habeas Corpus Proceedings in the Supreme Court of Texas.
Joe Greenhill and Martin D. Beirne Jr.