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Recent Submissions

  • Environmental Law 

    Kelly, H. Dennis (Texas Tech Law Review, 1982)
    Discusses the cases, which arose under the National Environmental Policy Act of 1969. It also examines the cases decided under the Federal Water Pollution Control Act Amendment of 1972. Finally, the article looks at the ...
  • Editor’s Foreward 

    Kite, David L. (Texas Tech Law Review, 1982)
    This Symposium is an attempt to give the current state of the law under the Texas Family Code with only a modicum of historical analysis. Reference to the 1974 Symposium and 1976 Supplement may be helpful to the practitioner ...
  • Don’t Call Out the Marines: An Assessment of the Posse Comitatus Act 

    Gates, John D. (Texas Tech Law Review, 1982)
    Discusses the history and use (or misuse) of the Posse Comitatus Act, including a recent incident at the village of Wounded Knee on the Pine Ridge Reservation in South Dakota and the use of military in the drug cases. The ...
  • Division Orders are Unilaterally Revocable Agreements that Bind the Parties Until Properly Revoked 

    Jacobson, Terry L. (Texas Tech Law Review, 1982)
    Observes the legal implications of division orders and whether division orders can be binding like contracts. The Exxon Corp. v. Middleton decision reestablished a delicate balance between royalty owners and purchasers. ...
  • Criminal Law and Procedure 

    Farris, Michael D.; Glisar, Michele; Potts, Susan E.; Shook, Toby L. (Texas Tech Law Review, 1982)
    The Fifth Circuit decided a multitude of cases in the realm of criminal law and procedure during this survey period. Included were substantive issues concerning drugs and narcotics, racketeering, inspections at sea, and ...
  • Consumer Law 

    Crowley, Timothy J. (Texas Tech Law Review, 1982)
    Consumer law decisions during this survey period have focused primarily on the Truth in Lending Act (TILA) (the Act) and Regulation Z. The activities of the Fifth Circuit dealing with TILA and Regulation Z emphasized three ...
  • Civil Rights 

    McClain, Bonnie; Sims, Jody W.; Pirtle, Sue M. (Texas Tech Law Review, 1982)
    The Fifth Circuit rendered a variety of decisions concerning civil rights during the survey period. Included in this Survey are cases on discrimination, first amendment rights, voting rights, school desegregation, and ...
  • Civil Procedure 

    Thompson, Kem; Crosby, Janice L. (Texas Tech Law Review, 1982)
    This survey of decisions made by the Fifth Circuit Court of Appeals is divided into two major areas. The first section addresses important decisions in the area of federal jurisdiction and pretrial procedure. The second ...
  • Bankruptcy 

    Holmes, Marian M. (Texas Tech Law Review, 1982)
    Discusses the Fifth Circuit’s decisions regarding the new Bankruptcy Code provisions from the new Bankruptcy Reform Act of 1978. During this survey period there were limited number of cases applying the new Bankruptcy ...
  • Antitrust 

    Holman, John H., Jr. (Texas Tech Law Review, 1982)
    Discusses the various Fifth Circuit Court of Appeals decisions on antitrust. During the current survey period, the Fifth Circuit rendered fourteen decisions, necessitating application of the principal antitrust statutes: ...
  • Admiralty 

    Rhoads, Terry W. (Texas Tech Law Review, 1982)
    Because the Fifth Circuit's judicial shoreline will be reduced, the number of admiralty decisions rendered by this circuit will likewise be substantially reduced. The precedent generated from this court, however, will ...
  • Administrative Law and Procedure 

    Hull, Michael S.; Stewart, David C. (Texas Tech Law Review, 1982)
    Because the Fifth Circuit decided more procedural than substantive cases during the survey period, this year's Symposium article on administrative law focuses primarily on scope of review, rulemaking authority, subpoena ...
  • The Split of the Fifth Circuit: Update and Finis 

    Reavley, Thomas M. (Texas Tech Law Review, 1981)
    Discusses the split of the Fifth Circuit Court of Appeals into two separate circuits. They are the new Fifth Circuit (Texas, Louisiana, and Mississippi) with headquarters in New Orleans and the new Eleventh Circuit (Georgia, ...
  • The Meaning of “Interrogation” Under Miranda v. Arizona 

    Blanscet, Glen (Texas Tech Law Review, 1981)
    Examines the United States Supreme Court’s decision in Rhode Island v. Innis. The Court held in that case that not all questions asked by police of persons in custody constitute interrogations, but rather those statements ...
  • The Federal Definition of a Security—An Examination of the “Investment Contract” Concept and the Propriety of a Risk Capital Analysis Under Federal Law 

    Campbell, Benny D. (Texas Tech Law Review, 1981)
    Defines a security that triggers federal securities laws and regulations designed to protect investors. The author takes a closer look at the “investment contract” concept and whether a risk capital analysis should be ...
  • The Corporate Attorney-Client Privilege: Alternatives to the Control Group Test 

    Dixon, Gerald G. (Texas Tech Law Review, 1981)
    Attempts to answer to fundamental questions in regards to the corporate attorney-client privilege: Who is the client? What communicated information is privileged? The author adds an addendum with the United States Supreme ...
  • The Continuing Use of the Choateness Doctrine in Determining the Priority of Federal Tax Liens 

    Hoffmann, Allan (Texas Tech Law Review, 1981)
    Describes the development and use of the choateness doctrine. The choateness rule required conflicting interests with federal tax liens to acquire “a federally-determined level of perfection before they will be recognized.” ...
  • Texas Law Requiring Veniremen’s Oath That the Death Penalty Will Not Affect Their Deliberations is Unconstitutional as Applied 

    Posey, Frank A. (Texas Tech Law Review, 1981)
    Describes the United States Supreme Court’s case Adams v. Texas. The Court in Adams held unconstitutional a Texas statute that required jury members to take an oath that their opinion will not be affect by the possibility ...
  • Taxation 

    Scheehle, Mark V. (Texas Tech Law Review, 1981)
    Survey of United States Court of Appeals for the Fifth Circuit’s decisions on intellectual property from July 1, 1979, through June 30, 1980. The basic purpose of this article is to analyze some of the more notable decisions. ...
  • Shock Probation: An Alternative to Traditional Forms of Sentencing 

    Mudge, Katherine K.; Dixon, Gerald G. (Texas Tech Law Review, 1981)
    Describes a new sentencing method gaining in popularity known as shock probation. Shock probation incarcerated a first offender to short term to “shock” him before releasing him on probation. Critics claim that it undermined ...

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