• Use And Non-Use Of Tangible Personal Property In Public Hospitals Under Section 101.021 Of The Texas Tort Claims Act 

  Parker, Jordan M.; Hernandez, Francisco, Jr. (Texas Tech Law Review, 1993)

  Analyzes waiver of governmental immunity for certain government entities pursuant to the Texas Tort Claims Act. The purpose of this article is to explore the effect and ambiguities of the language in section 101.021, ...

• The Year In Admiralty 

  Brown, James T.; Liston, James T. (Texas Tech Law Review, 1993)

  Examines recent developments in admiralty and maritime law, covering case law, statutes, and regulations. In addressing the Longshoremen's and Harbor Workers' Compensation Act ("LHWCA"),' the Article addresses both the ...

• The Supreme Court Giveth, And The Supreme Court Taketh Away: Negligent Infliction Of Emotional Distress Is Not An Independent Cause Of Action In Texas: Boyles v. Kerr, 36 Tex. Sup. Ct. J. 874 (May 5, 1993) 

  Ginsburg, Richard A. (Texas Tech Law Review, 1993)

  Analyzes the development of the common law in Texas in light of the Texas Supreme Court’s decision in Boyles v. Kerr where the court reversed the appellate and trial courts and remanded the case for retrial, holding that ...

• The Sisyphean Task of Interpreting Mineral Deeds and Leases: An Encyclopedia of Canons of Construction 

  Kramer, Bruce M. (Texas Tech Law Review, 1993)

  Focuses on mineral conveyances and the canons of construction for deeds in Texas. Canons of construction can be useful in assisting a court in making "good sense" of inartful drafting. Hence, good drafting can resolve many ...

• The Reach For Repose: Have the Texas Courts Gone Awry? 

  Shannon, Brian D. (Texas Tech Law Review, 1993)

  Examines the Texas statute of repose relating to persons who construct or repair improvements to real property in the context of both the decided cases and with regard to the intentions of the legislature in enacting the ...

• The Preemptive Effect Of The Federal Cigarette Labeling Act On State Common Law Tort Claims: Cipollone v. Liggett Group, Inc., 112 S. Ct. 2608 (1992) 

  Brown, Muriel C. (Texas Tech Law Review, 1993)

  Analyzes the Supreme Court’s case Cipollone v. Liggett Group, Inc., where an alleged victim sued three cigarette manufacturers and asserted that smoking cigarettes sold by these companies caused her to develop lung cancer. ...

• The Parole Law Instruction And Jury Misconduct 

  Hampton, Keith S.; Lanning-Hampton, Cynthia (Texas Tech Law Review, 1993)

  Examines the ability of a jury to discussion and consideration of parole during deliberations and its relevant consequences in Texas considering recent legislative changes and case law. However, while the voters approved ...

• Texas Financial Institutions And The Consumer's Right To Privacy 

  Plog, Leonard H., II; O'Bannon, Don T., Jr. (Texas Tech Law Review, 1993)

  Discusses privacy issues involving consumer credit information in Texas and analyzes the Texas Financial Institutions Privacy Act. Considers both its strengths, when it represents a good faith effort to provide appropriate ...

• Technicalities in Contempt Enforcement Orders Allow Obligated, Non-custodial Parents to Escape Child Support 

  Schroeder, Matthew J. (Texas Tech Law Review, 1993)

  Explores the difficulties in enforcement of child support court orders and the subsequent actions of the Texas Legislature aimed at strengthening enforcement of court orders for child support. This comment purports not ...

• Sudden Death: The Supreme Court of Texas Kills Mary Carter: Elbaor v. Smith, 845 S.W.2d 240 (Tex. 1992) 

  Carr, Christopher (Texas Tech Law Review, 1993)

  Analyzes the decision in Elbaor v. Smith, 845 S.W.2d 240 (Tex. 1992) where the Supreme Court of Texas determined that plaintiff’s agreements failed to promote settlement and adversely affected the trial process. The court ...

• Securities Law 

  Waller, Dan R.; Secore, Wayne M. (Texas Tech Law Review, 1993)

  Discusses a few cases in the securities law area adjudicated by the Fifth Circuit between June 1991 and May 1992 concerning the statute of limitations for securities fraud claims, aiding and abetting for Rule 10b-5 actions, ...

• Review Of Faces At The Bottom Of The Well 

  Rice, Willy E. (Texas Tech Law Review, 1993)

  The author reviews Derrick A. Bell’s book, Faces at the Bottom of the Well: The Permanence of Racism. The reviewer is reminded of many painful events and circumstances growing up as a young African-American in a West ...

• Resolving the Community Reinvestment Act Dilemma: Eliminating "Whites Only" Mortgage Lending While Reducing Regulatory Red Tape 

  Bennett, Mollee (Texas Tech Law Review, 1993)

  Discusses the existence of race-based discrimination in mortgage lending. According to a study by the Federal Reserve Bank of Boston, black applicants were more than twice as likely to be rejected for a mortgage loan ...

• Protecting the American Taxpayers: Assigning the FDIC's Six Year Statute of Limitations to Third Party Purchasers 

  Boteler, James J. (Texas Tech Law Review, 1993)

  Investigates a new act enacted by Congress, to facilitate the efficient and speedy recovery of failed institution assets, the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA), which increased ...

• Levelling The Playing Field Of Insurance Agreements In Texas: Adopting Comparative Bad Faith As An Affirmative Defense Based On The Insured’s Misconduct 

  Livesay, R. Kent (Texas Tech Law Review, 1993)

  Analyzes the history and current status of the implied duty of good faith and fair dealing in insurance contracts in Texas and propounds a modification of the doctrine by imposing an affirmative defense of comparative bad ...

• Lenders And Borrowers Beware! Secured Creditors May Not Avoid Liability For Breaches Of The Peace By Using An Independent Contractor To Carry Out Repossession: MBank El Paso, N.A. v. Sanchez, 836 S.W.2d 151 (Tex. 1992) 

  Ucherek, William M., II (Texas Tech Law Review, 1993)

  In MBank El Paso, N.A. v. Sanchez, 836 S.W.2d 151 (Tex. 1992), the Texas Supreme Court, in an opinion written by Justice Mauzy, affirmed the decision of the court of appeals, thereby establishing a new exception to the ...

• Labor and Employment Law 

  Clore, Lawrence H.; Thomas, David M. (Texas Tech Law Review, 1993)

  Discusses the most significant labor cases decided by the Fifth Circuit between June 1991 and May 1992. A common thread through these cases is judicial restraint and respect for precedent. The authors conclude that major ...

• How Long Will Privity Of Contract Remain a Defense To Legal Malpractice?: American Centennial Insurance Co. v. Canal Insurance Co., 843 S.W.2d 480 (Tex. 1992) 

  Monsour, Douglas C. (Texas Tech Law Review, 1993)

  Analyzes the prominent decision American Centennial Insurance Co. v. Canal Insurance Co. where the Texas Supreme Court held that an excess insurance carrier has a right of equitable subrogation against a primary carrier ...

• Foreword: Restructuring Civil Litigation in the 1990s 

  Jones, Edith H. (Texas Tech Law Review, 1993)

  Discusses the idea of reform within the civil litigation system. Reform of civil litigation, in the procedural, substantive, and professional realms, is both desirable and necessary to effectuate our cherished ideals of ...

• Federal Taxation 

  Phelan, Marilyn (Texas Tech Law Review, 1993)

  Discusses the most significant cases decided by the Fifth Circuit between June 1991 and May 1992 concerning federal taxation issues. The court dealt with an expansive realm of issues but issued few unprecedented rulings. ...

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