St. Mary's Law Journal | Vol 5 | No. 1

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St. Mary's Law Journal

Articles

The Federal Jury.
Joe J. Fisher

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 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 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

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

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

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

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

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

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

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

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

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

Product Liability and the Meaning of Defect.
Page Keeton

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

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

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

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

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

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