Browsing by Author "Myhra, Alison"
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Item Criminal Procedure(Texas Tech Law Review, 1993) Myhra, AlisonThe legal regulation of the criminal justice system has been and always will be a daunting, enormous task. As in previous survey periods, therefore, criminal cases constitute a large portion of the caseload of the Court of Appeals for the Fifth Circuit. A significant number of these criminal cases presents questions of criminal procedural law-questions requiring the interpretation of statutory and constitutional limitations on the government's inquiry into whether a violation of (substantive) criminal law has occurred. This survey of the Fifth Circuit's decisions in the criminal procedure area will focus on selected issues that the Fifth Circuit has considered and for which the Fifth Circuit has provided new insights or new analyses or has charted new courses.Item The Hate Speech Conundrum and the Public Schools(North Dakota Law Review, 1992) Myhra, AlisonThis article argues that the public elementary, junior high (or middle), and senior high schools, as both a prescriptive matter and a descriptive matter, constitutionally may regulate student hate speech in order to effectuate the constitutional values of equality and free speech. We must support schools in their efforts to combat hate speech and its underlying causes of prejudice and intolerance. Part II articulates the characteristics of colleges and universities and their students, contrasts the unique characteristics of the public schools and their students, and describes the harms inflicted by verbal assaults. Part II also describes the proffered justifications for hate speech regulations at the college and university level. The justifications establishing the constitutional permissibility of hate speech regulations at colleges and universities, justifications based upon doctrine governing adults and their activities, also sustain hate speech regulations promulgated by the public schools. Restrictions on speech that may be imposed on adults in the world-at-Iarge may be imposed without question on children who are students in the public schools. Part III proposes that normative educational values require regulation and, further, that specific constitutional doctrines fixing the boundaries of First Amendment freedoms within the public schools allow for regulation of hate speech in the public schools.Item No Shoes, No Shirt, No Education: Dress Codes and Freedom of Expression Behind the Postmodern Schoolhouse Gates(Seton Hall Constitutional Law Journal, 1999) Myhra, AlisonThis article examines hair length regulations and earring prohibitions, the reasons why public schools might adopt them, and why, in response, students might resist them. The examination is made in the context of the Supreme Court's community values educational ideology and the realities of the postmodern world. Part II outlines the historical tension between teaching and emphasizing individual rights and freedoms to foster individual student development and growth and inculcating values preferred by the community majority. Part III argues that school districts must reflect carefully before making their dress and grooming codes more restrictive by adopting hair length regulations and earring prohibitions. Part III then addresses how courts should review First Amendment challenges to hair length regulations and earring prohibitions.Item The Pharmacist's Duty to Warn in Texas(The Review of Litigation, 1999) Myhra, AlisonPharmacists have specialized expertise in drug therapies and their associated risks. This article discusses whether pharmacists are subject to liability and must inform third parties of adverse effects of drug therapies, the traditionally narrow view of the role of pharmacists, the contemporary view of an expansive role of pharmacists, and the Omnibus Reconciliation Act of 1990. The article concludes with the realization that while Texas courts have not yet imposed on pharmacists a duty to warn patients or physicians of adverse drug interactions or effects, the courts in the future will likely determine that such a duty does exist.Item Securities Law(Texas Tech Law Review, 1992) Myhra, Alison; Zanglein, Jayne ElizabethDuring the survey period, the Fifth Circuit did not make any significant advances into previously uncharted areas of securities law. This article will not examine every securities case issued during the survey period. Instead, we will focus on those cases which presented interesting issues.Item Securities Law(Texas Tech Law Review, 1992) Zanglein, Jayne; Myhra, AlisonDuring the survey period, the Fifth Circuit did not make any significant advances into previously uncharted areas of securities law. This article will not examine every securities case issued during the survey period. Instead, we will focus on those cases, which presented interesting issues.Item Sports Law(West Academic Publishing, 1986) Myhra, AlisonThis book is designed to satisfy the interest of law students, lawyers and anyone else desiring a basic introduction to the legal principles that apply to the world of sport. Very few lawyers ever get to represent a professional athlete, and some attention is paid to that area. Most of the focus of this book is on recreational or amateur sports, covering everything from personal injury cases to the rights of amateur athletes. This reflects reality; the vast majority of legal issues related to sports involve participation in amateur athletics.Item Texas County Court Bench Manual Volume 1(1994-03) Myhra, AlisonThis manual contains practice helps for working with Texas County Courts. Topics include: criminal proceedings; guardianship proceedings; juvenile proceedings; mental health mental retardation; probate; civil proceedings; clerk of the court; contempt; evidence; family protective orders; judicial ethics; and mandamus.