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Now showing items 21-30 of 1376
Primary Jurisdiction in Texas: Has the Texas Supreme Court Clarified or Confused It?
(Texas Tech Journal of Texas Administrative Law, 2004)
This article identifies and discusses the jurisdictional principles that should be considered in answering whether a court case must be abated while an agency decides an issue that affects one or more of your client’s ...
Agencies, Follow Your Statutes: The Substantial Evidence Rule in Judicial Review of Administrative Agency Decisions
(Texas Tech Journal of Texas Administrative Law, 2003)
This article will examine the history of the substantial evidence rule in Texas jurisprudence. Part II of this paper will examine some of the early cases involving the substantial evidence rule. Part III of the paper will ...
Jurisdictional Conflicts Between the Federal Bankruptcy Courts and State Agencies
(Texas Tech Journal of Texas Administrative Law, 2003)
This comment discusses ways that federal system of bankruptcy creates jurisdictional problems for state agency interests, and it addresses the jurisdictional limits placed upon bankruptcy courts and upon states. It also ...
Beyond the Information Age: The Duty of Technology Competence in the Algorithmic Society
(South Carolina Law Review, 2018)
While law has generally been slow to adapt to technological change, the ABA Model Rules of Professional Conduct amended the Duty of Competence language to include a Duty of Technology Competence. This duty requires lawyers ...
Sovereign Immunity and the Private Holder of an Open-Enrollment Charter
(Texas Tech Journal of Texas Administrative Law, 2003)
This article offers an illustrative example of the issues presented by private charter school holders. It deals exclusively with Texas Educational Code § 12.1056. It explains who is granted immunity under § 12.1056, and ...
Commercial Transactions
(SMU Law Review, 2010)
Although 2009 was a legislative year, no significant legislative changes were made to the Texas Uniform Commercial Code (the Code). However, several cases of interest were reported during the Survey period. These cases are ...
Municipal Setting Designations: Are They a Balanced, Common Sense Approach to Urban Groundwater Remediation or a Market-Driven Abandonment of Contaminated Municipal Aquifers?
(Texas Tech Journal of Texas Administrative Law, 2005)
This comment informs the reader about new legislation from the 78th Regular Session related to Municipal Setting Designations. It provides historical background, statutory analysis, accompanied by legislative history, and ...
An Ace in the Hole & A Jack of All Trades: Recent Developments Affecting Sovereign Immunity & Pleas to the Jurisdiction
(Texas Tech Journal of Texas Administrative Law, 2005)
The article summarizes recent developments in Texas law that affect the substantive doctrine of sovereign immunity and the procedural practice surrounding pleas to the jurisdiction and how both have strengthened the ...
Takings in the Context of Telecommunications and Electric Utility Restructuring in Texas
(Texas Tech Journal of Texas Administrative Law, 2006)
This article explores selected takings issues arising from electric and telecommunications restructuring in Texas. First, it summarizes relevant takings law, differentiating between types of takings, explaining each element ...
A Dirty Business: Arranger Liability Under the Texas Solid Waste Disposal Act as it Relates to Dry Cleaning Chemicals
(Texas Tech Journal of Texas Administrative Law, 2006)
This comment discusses the remediation procedures and costs for clean-up of contaminated sites, the funding available for such remediations, and how the R.R. Street case defined the arranger liability provision of the Texas ...