St. Mary's Law Journal | Vol 3 | No. 2

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St. Mary's Law Journal

Articles

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

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 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

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

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 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 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 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

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.

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

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

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

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

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

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

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

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

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

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

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

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