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
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
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
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
The Legacy of Johnson v. Darr: The 1925 Decision of the All-Woman Texas Supreme Court
Jeffrey D. Dunn
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
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
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
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
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
“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
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
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
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
Autonomous Doctrine: Operationalizing the Law of Armed Conflict in the Employment of Lethal Autonomous Weapons Systems
Peter C. Combe II
Unlimited Liability for Banks: Deposits as Fraudulent Transfers
Katherine Zampas
Standards of Review in Texas
W. Wendell Hall and Ryan G. Anderson
My Friend—Lee H. Lytton
Leo Womack
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
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
The Practitioner’s Guide to Properly Responding to Requests for Disclosure Under the Texas Discovery Rules
Robert K. Wise and Kennon L. Wooten
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
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
The History, Meaning, and Use of the Words Justice and Judge
Jason Boatright
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.
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
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.
Network Investigation Techniques: Government Hacking and the Need for Adjustment in the Third-Party Doctrine
Eduardo R. Mendoza
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
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
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
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.
Allocation of Peremptory Challenges among Multiple Parties.
Daniel J. Sheehan Jr. and Cynthia C. Hollingsworth
Insurance Advertising - Much Ado about Nothing Lawyer's Forum.
Michael A. Hatchell
Jury Tampering - 1978 Style Lawyer's Forum.
W. James Kronzer
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
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
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
How to Effectively Participate in the Adjudicatory and Legislative Functions of Texas Environmental Agencies.
W. Thomas Buckle
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
Attorney's Approval of Faulty Order for Summary Judgment Construed as an Order Entered by Agreement.
Cathleen G. Randall
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
Tightening the Limitations on Carryovers under Section 382(b): F Reorganization and the Tax Reform Act of 1976.
J. Pat Tielborg
Felony Complaint Filed in Justice Court Will Not Toll Limitations.
Betty L. Newcomb Hollowell
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
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
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
Significant Recent Developments in Federal Consumer Credit Legislation and Case Law.
Joe P. Smyer and P. Keith O'Gorman
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
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
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
Grocery Store Is Liable for False Imprisonment by Its Independent Contractor Providing Security Service.
Chris A. Hale
Stacking Uninsured Motorist Protection, Medical Payments, and Personal Injury Protection Coverages in Texas.
Edward J. York Jr.
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
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
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
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
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.
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 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.
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
A Defendant Has the Right to be Sued in County of Domicile When Suit Arises out of a Consumer Transaction.
Sylvester Anthony Mauro
Creditor's Demand upon Buyer's Default for Amount Including Unearned Interest Constitutes Charging.
Peter L. Bloodworth
The Texas Penal Code's Saving Clause.
William E. Black
Antitrust Malaise in the Newspaper Industry: The Chains Continue to Grow.
Gregory Neill Jones
Recreational Use of Texas Rivers - Recommendations for Adoption of the Texas Public Rivers Act.
Susan B. Biggs
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
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
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
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
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
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
Introduction Student Symposium - Texas Land Titles: Part II - Introduction.
Aloysius A. Leopold
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
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
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
Sex Discriminatory Admission Policies in Public Schools Subject to Stringent Judicial Review.
Judith A. 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
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.
Equal Protection in Zoning - Restricting Dwelling Use to No More Than Two Unrelated Persons Is Constitutional.
John Kenneth Sharber
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
The Texas Urban Renewal Law - An Important but Primitive Tool for Community Development.
Arthur Troilo
Classification Problems with Daily and Seasonal Commuters.
Thaddeus R. Lorentz
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
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
Ohio Clarifies Position on Judicial Impartiality.
Virginia M. Jordan
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 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
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
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
Viability of the Discovery Rule as a Criterion to Determine When a Cause of Action Accrues in Medical Malpractice Actions.
Glory Sturiale
A Search Warrant Is Not Required Where There Is Probable Cause to Search a Chattel Consigned to a Carrier.
Frank B. Murchison
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 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
The Federal Jury.
Joe J. Fisher
Reaching Age Seventeen Does Not Render Appeal of Waiver Moot But Only Prevents a Remand If the Case Is Reversed.
Cynthia Hollingsworth Cox
Economic Coercion as Plaintiff's Defense to Volenti Non Fit Injuria in Strict Liability Actions.
Charles T. Locke
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.
An Other Insurance Provision Is Ineffective in Limiting Recovery from an Insurer for Actual Damages Caused by an Uninsured Motorist.
J. Michael Myers
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
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
Vicarious Liability of an Employer for an Assault by His Servant: A Survey of Texas Cases Reexamining the Rule of Force.
Charles E. Cantu
Is an Action for Breach of an Implied Warranty Recoverable under the Texas Wrongful Death Act.
Larry Glenn Hyden
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
The Legislature May Not Validly Exempt the Property of a Nonprofit Water Supply Corporation from Taxation.
Charles T. Locke
The Unpopular Cause in Times Like These.
Leon Jaworski
Grand Jury Witness Has Standing as an Aggrieved Person and May Suppress Evidence Obtained as a Result of an Illegal Wiretap.
Terrence W. McDonald
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
The Pyramiding of Presumptions and Inferences in Texas.
Carlos S. Cadena
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
Amalgamation of Interlocutory Orders into One Final Judgment.
Orville C. Walker
A Study in the Treatment of Crime and Law Enforcement in the United States as Compared to the European Countries.
George E. Glos
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
An Action Based on Strict Tort Liability Is Maintainable against the Hospital That Furnished Blood Contaminated with Hepatitis to Patient.
Jerry G. DuTerroil
The Executor's and Administrator's Statutory Compensation in Texas.
Ben G. Sewell and Paul W. Nimmons Jr.
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
A Surviving Joint Owner's Interest in Bank Account Is Not Taxable under Tex. Tax.
Anthony N. DeLuccia Jr.
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
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
A Claim of Innocence, Even if Vindicated by Acquittal, Affords No Legal Justification for Refusing the Test.
E. Lou Curry
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
Tort Claimant May Seek to Set Aside Fraudulent Conveyance Prior to Reducing His Claim to Judgment.
William H. Bingham Jr.
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
Expert Medical Testimony in Texas.
Zollie Steakley
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.
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
Habeas Corpus Proceedings in the Supreme Court of Texas.
Joe Greenhill and Martin D. Beirne Jr.