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Denver Ordinances Prohibiting Erection of New Billboards and Requiring Removal of Existing Billboards Within Five-Year Period Unconstitutionally Exceed City’s Regulatory Power
(Texas Tech Law Review, 1976)
Examines the Colorado Supreme Court’s decision in Combined Communications Corp. v. City & County of Denver. In that case, the court struck down a zoning ordinance that prohibited the erection of new billboards and mandated ...
The Texas Statutes Authorizing the Death Penalty Do Not Violate the Eighth Amendment’s Prohibition of Cruel and Unusual Punishment
(Texas Tech Law Review, 1975)
Examines Jurek v. Taylor. The Texas Court of Criminal Appeals in Jurek held that article 1257 of the Texas Penal Code, which authorized the death penalty for certain offenses, did not violate the eighth amendment’s bar of ...
North Dakota Prejudgment Attachment Statute Declared Unconstitutional
(Texas Tech Law Review, 1975)
Explains the United States Court of Appeals for the Eighth Circuit’s decision in Guzman v. Western State Bank. Guzman challenged a North Dakota attachment statute that allowed for property to be seized prejudgment. The ...
Implied Assumption of the Risk Is No Longer a Defense to Negligence Actions in Texas
(Texas Tech Law Review, 1976)
Analyzes Farley v. M M Cattle Co., a Texas Supreme Court case. The case involved fifteen-year-old Farley, who was seriously injured when a horse, which was known by M M Cattle Co. to be dangerous, collided with another ...
Zoning Regulations That Exclude Segments of the Region’s Population of the Basis of Wealth Are Presumptively Invalid
(Texas Tech Law Review, 1975)
Examines a New Jersey Supreme Court case, Southern Burlington County NAACP v. Mount Laurel. This case invalidated the zoning provisions of the New Jersey suburb of Mount Laurel. This suburb had a regulatory scheme that was ...
The State’s Interest in Desegregation May Preclude Non-Tenured Public Schoolteachers from Sending Their Children to a Private Segregated School
(Texas Tech Law Review, 1976)
Summarizes the United States Court of Appeals for the Fifth Circuit’s decision in Cook v. Hudson. The decision was comprised of four different opinions, but they all held that a school district was allowed to place the ...
A Rape Statute that Only Punishes Men Does Not Violate the Texas ERA
(Texas Tech Law Review, 1976)
Examines the Texas Court of Criminal Appeals’ decision in Finley v. State. In Finley, the court held that a Texas rape statute that punished only men as the actual perpetrator of the crime did not violate the Texas Equal ...
The Revision of Rule 277 Allows a Court to Submit Issues Broadly in a Negligence Case
(Texas Tech Law Review, 1975)
Discusses the Texas Court of Civil Appeals at Houston’s case Members Mutual Insurance Co. v. Muckleroy. In Muckleroy, the court held that the 1973 revisions to rule 277 of the Texas Rules of Civil Procedure intended to ...
Equal Protection—Utah Statute Setting Different Ages of Majority for Males and Female Is Unconstitutional
(Texas Tech Law Review, 1975)
Discusses the United States Supreme Court’s decision in Stanton v. Stanton. In Stanton, the Court held unconstitutional a Utah statute that set different ages of majority for males and females, as it violated the fourteenth ...
Limited Partners Who Control Corporate General Partner Are Subject to Personal Liability as General Partners
(Texas Tech Law Review, 1976)
Examines the Supreme Court of Texas case, Delaney v. Fidelity Lease Ltd. This case “held that limited partners who take part in the control of the business of the partnership in their capacities as the only shareholders, ...