Texas Tech School of Law Journals

Permanent URI for this communityhttps://hdl.handle.net/2346/72459

Browse

Now showing 1 - 20 of 1708

The Necessity of Counsel in a Prior Conviction When the Prior Conviction is to be Used for Enhancement of Punishment or as an Element of the Offense
(Texas Tech Law Review, 1969) Brakebill, Marwin B.
Discusses whether an accused has the right to counsel during proceedings for a misdemeanor conviction when conviction will be used for enhancement or as an element in a separate felony or misdemeanor conviction. It analyzes the effects of Gideon v. Wainwright and Burgett v. Texas. Further, it explains offenses where counsel is required and the use of prior convictions.
The Right of Confrontation: What Next?
(Texas Tech Law Review, 1969) Larkin, Murl A.
There is a universal agreement that the right of an accused “to be confronted by witnesses against him,” was not intended by its drafters to be absolute and complete, but was meant to be qualified by certain limitations serving the necessities of proof. This article discusses an accused’s right to confront the witnesses against him. It provides a historical summary of the right to confront—beginning with colonial jurisprudence. Lastly, the author presents a restatement of the right to confront and suggests that the rules of evidence in criminal trials may be in for a comprehensive overhaul.
In-Service Conscientious Objectors: Jurisdiction for Judicial Review
(Texas Tech Law Review, 1969) Gentry, R. Charles
This article discusses the judicial remedies available to military personnel who are conscientious objectors. It addresses whether, in view of the rule of law announced in the principle case, the doctrine of exhaustion of remedies should be asserted to defeat habeas corpus jurisdiction of the federal courts. In other words, whether those courts, which have followed the federal view prior to the decision in the principal case, now decline to accept jurisdiction by way of habeas corpus because the serviceman has an adequate remedy within the military judicial system.
Builder-Vendor’s Implied Warranty of Good Workmanship and Habitability
(Texas Tech Law Review, 1969) Kirby, Ruth
This article discusses the case of Humber v. Morton and whether builder-vendors of new housing impliedly warrant good workmanship and human habitability. The Texas Supreme Court held that builder-vendors do impliedly warrant good workmanship and habitability and that consumers may base a lawsuit on this theory. Further, this article analyzes the unanswered questions remaining after Humber v. Morton.
Some Advice to the Prospective Dean of a New Law School
(Texas Tech Law Review, 1969) Barrett, Edward L., Jr.
Provides advice to prospective law school deans regarding the planning for the law school, size of the school, faculty and administrative personnel, the physical facility, the law library, recruiting and financing students, and other relevant matters. The article provides encouragement to the inaugural dean of Texas Tech School of Law.
A Campus Architect Looks at a New Law School
(Texas Tech Law Review, 1969) Schmidt, Howard W.
An architect discusses the planning and design process of the Texas Tech University School of Law. The article discusses visits to other law schools around the country to assess what design would be most effective. The architect also studied schematic floor plans provided by the Association of American Law Schools for about 30 existing law schools.
The Three Responsibilities of Legal Education: Time for Clarification
(Texas Tech Law Review, 1969) Stevens, George Neff
Discusses what should be included to comprise a complete and effective law school curriculum. It addresses whether the program leading to a first degree in law should be designed to train “generalists” or “specialists.” Further, it contemplates how many years the program needs to be and what pre-legal conditions law school applicants should satisfy. Lastly, it provides a breakdown of a potential two year J.D. program.
The Law Library in a New Law School
(Texas Tech Law Review, 1969) Gallagher, Marian G.
Discusses the planning involved for a new law school library. The article discusses law library history, law library administration, the physical building, budget constraints, and the staffing needs of the library. Lastly, the article points out technological innovations that the new library can implement in order to comply with future advancements.
The History of the School of Law of Texas Tech University
(Texas Tech Law Review, 1969) Amandes, Richard B.
This article discusses the planning and funding of the new Texas Tech University School of Law. The article includes a detailed discussion regarding the recruitment of the new law school dean, faculty, and law students. The article also explores the development of the law library, curriculum, physical facilities, Texas Tech Law School Foundation, and the school’s original accreditation.
Uninsured Motorist Protection: Proving the Uninsured Status of the Tort-Feasor-Motorist as a Condition Precedent to Recovery
(Texas Tech Law Review, 1969) Nickum, Ronald D.
With the enactment of the new Uninsured Motorist Statute, Texas joined the ranks of those states requiring their insurance companies to provide protection to their insureds from the uninsured motorist. In order to recover from his own insurance company, a motorist involved in an accident with an uninsured motorist has a heavy burden of proof to show the uninsured status of a motorist. This article discusses what is necessary to prove that the uninsured motorist did not have adequate automobile insurance coverage.
Liability of Warehouseman’s Surety when Warehouseman Acts as Seller and Warehouseman in same Transaction
(Texas Tech Law Review, 1970) Smith, Paul L.
Describes the United States Court of Appeals for the Fifth Circuit’s decision in Aetna Insurance Co. V. Junction Warehouse Co. In that case, a warehouse’s surety sought a determination of its liability when the warehouse was acting both as a warehouseman and as a seller. The fifth circuit held that the warehouse was acting as a warehouseman and that its surety was liable for breach.
Buyer’s Liability in Exclusive Dealing
(Texas Tech Law Review, 1970) Segrest, David
This comment buyer liability in exclusive dealing agreements and the application of the Sherman and Clayton Acts to the problem. Additionally, this comment covers certain sections of the Federal Trade Commission Act and the Robinson-Patman Act. Finally, this comment compares unilateral exclusive dealing contracts with multilateral exclusive dealing agreements.
Does a Woman Have a Constitutional Right under the Ninth Amendment to Choose Whether to Bear a Child after Conception
(Texas Tech Law Review, 1970) Reeves, Ernest R.
Summarizes the decision by the United States District Court for the Northern District of Texas in Roe v. Wade. In reviewing a Texas statute that prohibited abortion except when the life of the mother was in danger, the court enumerated a fundamental right to choose whether to bear a child subject to limitations by compelling state interests. The author argues that this is in step with jurisprudence around the country as well as with the United States Supreme Court in Griswold v. Connecticut, which held that fundamental rights presumed by our society exist despite not being specifically listed in the first eight amendments to the Constitution. The author cautions, however, that without a mandate to impede the prosecution of persons under this law, more must be done to clarify Texas’s abortion statutes.
Procedural Protections for the Incompetent Criminal Defendant in Texas
(Texas Tech Law Review, 1970) Baker, Robert W.
Traces the historical origins, development, and current uncertainties of the procedural rules concerning the competency of criminal defendants in Texas. It specifically covers Morales v. State and Townsend v. State. Lastly, it provides different solutions such as a mandatory pre-trial hearing on the issue of competency to stand trial and shifting the full burden of raising incompetency on the defendant.
Has Ejusdem Generis as Applied to Mineral Deeds Been Accepted in Texas
(Texas Tech Law Review, 1970) Sims, Kent
Looks to the effect of Guinn v. Acker, a Texas Court of Civil Appeals for Tyler case. The decision applied the interpretation aid of the rule of ejusdem generis, which dictated that when there is a list of particular things followed by general words, the general shall be construed in light of the specific, to a mineral deed. The deed, which read “oil, gas and other minerals,” was interpreted such that “other minerals” meant minerals that were, like oil and gas, underground. This would then be interpreted to excluded iron and iron ore at the surface, regardless of the scientific or technical meaning of “minerals.”
Recovery May Be Had on a Property Insurance Policy Antedated to Include Time at Which Loss Occurred
(Texas Tech Law Review, 1970) Riddle, Mike
Summarizes the Texas Supreme Court case Burch v. Commonwealth County Mutual Insurance Company. In Burch, Burch purchased automobile insurance from Hardin, who assured Burch that the vehicle was now insured. Burch was then involved in an automobile accident and suffered damages, but was unable to immediately inform Hardin. Subsequently, Hardin, who suspected that his company would not accept the risk that Burch posed, offered the policy to Barron, an agent of Commonwealth County Mutual Insurance Company, who accepted and wrote the policy. When Barron’s insurance company learned of the accident they sued to cancel the policy, and Burch cross-claimed to recover. The Texas Supreme Court held that as long as neither party knew of the loss, a property insurance contract may protect against prior loss. This holding reversed authority that precluded against such a possibility and included Texas in the nation’s majority view on the question.
Gratuitous Transfers of Community Property to Third Persons
(Texas Tech Law Review, 1970) Quilliam, W. Reed, Jr.
The author explains recent changes to the Matrimonial Property Act of 1967, effective January 1, 1970, on the managerial powers of spouses affecting gratuitous transfers of community property. Traditionally, although each spouse may only provide for testamentary gifts of their half of the couple’s community property, the husband, through extensive managerial powers granted by the state, could make gratuitous transfers of both halves of the community property through intervivos gifts, absent fraud to the wife. The author provides guidance for legislative changes in the spouses’ managerial powers.
The Doctrine of Part Performance in Texas
(Texas Tech Law Review, 1970) Finney, Ernest R., Jr.
This article discusses how to uphold an oral contract using partial performance and how to take a parole sale of land and an oral contract out of the statute of frauds. It analyzes the elements of partial performance in Texas: payment, possession, and improvements. Lastly, the article explains the presumption of fraud in partial performance cases and suggests different ways to change the elements of partial performance in Texas.
Will Acceleration Apply Where There Is a Renunciation of the Prior Estate?
(Texas Tech Law Review, 1970) Shackelford, James B.
Examines Aberg v. First National Bank. In Aberg, Elizabeth Goodman was granted a life estate with a contingent remainder. The life estate in trust income was to terminate and disbursed the trust corpus equally upon twenty-one years from the birth of her last child or upon her death. Goodman renounced her interest in an attempt to trigger acceleration of the remainder, thus vesting the interest of her three children. While the Texas and majority view is that vested remainders may be accelerated, jurisdictions are divided as to whether or not contingent remainders may be accelerated. In the present case, the Texas Court of Appeals in Dallas held that contingent remainders could not be accelerated, choosing what the author describes as strict adherence to the specific enforcement of the settlor’s intent.
The Affect of a Deed Conveying After-Acquired Title on a Claim Under the Texas Five-Year Adverse Possession Statute
(Texas Tech Law Review, 1970) Walker, Milton
Examines the Texas Court of Civil Appeals at Tyler’s case Daniels v. Jones. The court in Daniels held that a claimant could rely on a deed conveying after-acquired title for the purposes of establishing an adverse possession claim. The author comments that, although the precedent in Daniels should be followed, the court erroneously identified Daniels as a question of first impression, when it had decided the opposite holding in Davis v. Morley in 1943.

Browse

Browsing Texas Tech School of Law Journals by Issue Date