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  • The Texas Bank Lawyer (archives)

    The Texas Bank Lawyer (access to this collection is restricted to the TTU community. Login with eRaider to access publication archives)

Recent Submissions

  • Viewing the "Same Case or Controversy" of Supplemental Jurisdiction Through the Lens of the "Common Nucleus of Operative Fact" of Pendent Jurisdiction 

    McFarland, Douglas D. (Texas Tech Law Review, 2012)
    This Article plumbs the meaning and scope of same case or controversy under Article III in § 1367(a) by examining its lineal ancestor: pendent jurisdiction. It examines the major cases defining pendent jurisdiction. It ...
  • Oil and Gas Leases and Pooling: A Look Back and A Peek Ahead 

    Kramer, Bruce M. (Texas Tech Law Review, 2012)
    Provides some historical background on the development and use of the leasehold pooling clause; review interpretational issues that have impacted the clause; review the court-imposed standards of conduct on a lessee's ...
  • Are Twombly & Iqbal Affecting Where Plaintiffs File? A Study Comparing Removal Rates by State 

    Curry, Jill; Ward, Matthew (Texas Tech Law Review, 2012)
    Examines the impact, if any, of the Supreme Court's decisions in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal on civil litigation in the United States federal courts. Predicted that heightened pleading standards ...
  • Federal Taxation 

    Elliot, William D. (Texas Tech Law Review, 2012)
    During the review period, the Fifth Circuit decided five cases involving federal taxation that were selected as worthy of review and comment. Cases in the review period not selected involved whether someone was a responsible ...
  • Evidence Law 

    Howell, Richard A.; Beck, Mallory A. (Texas Tech Law Review, 2012)
    During the period of this survey, July 2011 to June 2012, attorneys adapted to new developments in federal civil procedure law. First, on December 1, 2011, amendments to the Federal Rules of Evidence became effective. ...
  • Environmental Law 

    Billings-Ray, Kellie E.; Neal, Megan Maddox; Smith, Mary E. (Texas Tech Law Review, 2012)
    Survey provides a brief overview of important environmental law decisions of the United States Court of Appeals for the Fifth Circuit that occurred within the survey period, July 2011 through June 2012.
  • Employment Law 

    Schaner, Dean J.; Harper III, A. John (Texas Tech Law Review, 2012)
    Analyzes recent Fifth Circuit Court of Appeals' labor and employment law opinions from July 1, 2011, through June 30, 2012. During this period, the appeals court addressed, in large part, a host of discrimination, sexual ...
  • Criminal Procedure 

    Mateja, William B.; Starkus III, Albert A. (Texas Tech Law Review, 2012)
    Summarizes both reported and unreported Fifth Circuit cases that addressed significant criminal procedural issues during the survey period of July 1, 2011, to June 30, 2012. For convenience of the reader, the cases are ...
  • Commercial Litigation 

    Coale, David S. (Texas Tech Law Review, 2012)
    Surveys the published opinions of the U.S. Court of Appeals for the Fifth Circuit in the area of commercial litigation during the survey period. The court was particularly active in the area of arbitration, as well as ...
  • Civil Procedure 

    Gilman, Luke J.; Howell, Richard A. (Texas Tech Law Review, 2012)
    During the period of this survey, July 2011 to June 2012, the Fifth Circuit issued opinions on a number of significant civil-procedure-related issues. These topics included discussions about the unraveling of an order from ...
  • Business Litigation 

    Adrogué, Sofia P.C (Texas Tech Law Review, 2012)
    Seeks to provide the prudent business attorney with a compilation of relevant, recent developments in Fifth Circuit business litigation. Accordingly, albeit not exhaustive of all business litigation, this Article summarizes ...
  • Bankruptcy 

    Bailey, Blake H. (Texas Tech Law Review, 2012)
    Reviews twelve selected bankruptcy opinions of the United States Court of Appeals for the Fifth Circuit decided between July 1, 2011, and June 30, 2012, including the first en banc decision involving bankruptcy since 2006.
  • Judicial Selection in Texas: A Gathering Storm? 

    Johnson, Orrin W.; Urbis, Laura Johnson (Texas Tech Law Review, 1992)
    In 1991, the United States Supreme Court handed down two landmark decisions, which determined that state judicial elections fall within the coverage of the Voting Rights Act of 1965, as amended. The act prohibits voting ...
  • J. Hadley Edgar, Jr. 

    Unknown author (Texas Tech Law Review, 1992)
    The dedication of volume 23 of the Texas Tech Law Review to J. Hadley Edgar, Jr. The dedication includes a brief biography of the retired Texas Tech Law School Professor and notes his many outstanding contributions to the ...
  • Garnishment Requires a Tripartite Relationship: Orange County v. Ware, 819 S.W.2d 472 (Tex. 1991) 

    Reese, Joel W. (Texas Tech Law Review, 1992)
    Discusses the case, Orange County v. Ware. In this case, the Texas Supreme Court held that garnishment requires a tripartite relationship between a debtor, a creditor, and a third party who owes and obligation to the debtor. ...
  • Foreword 

    Johnson, Sam D. (Texas Tech Law Review, 1992)
    Judge Sam D. Johnson discusses in his foreword to the Fifth Circuit Symposium the shortage of regular active judges for judicial panels and his concerns about the proposed changes to Rule 11 of the Federal Rule of Civil ...
  • Excess Carriers are Equitably Subrogated to Insured’s Cause of Action Against Primary Carriers for Breach of Stowers Duty: American Centennial Insurance Co. v. Canal Insurance Co., 810 S.W.2d 246 (Tex. App.—Houston [1st Dist.] 1991, writ granted) 

    Bays, David M. (Texas Tech Law Review, 1992)
    In American Centennial Insurance Co. v. Canal Insurance Co., the First District Court of Appeals held that an excess carrier is equitably subrogated to the rights of its insured against the primary carrier. The court relied ...
  • Evidence 

    Baker, Erin Young (Texas Tech Law Review, 1992)
    Throughout the survey period of June 1990 through May 1991, the Fifth Circuit decided a number of cases involving various evidentiary issues. This article will discuss some of the more significant topics including judicial ...
  • Environmental Law 

    Story, Mark T. (Texas Tech Law Review, 1992)
    Reviews the significant environmental law cases decided by the Fifth Circuit during the survey period focusing primarily on Riverside Market Development Corp. v. International Building Products, Inc. The article will also ...
  • Employment Law 

    Harper, John; Patterson, Nancy L. (Texas Tech Law Review, 1992)
    The Employee Retirement Income Security Act (ERISA) has increasingly become a source of litigation and analysis in recent years. The Fifth Circuit continues to address a myriad of complex issues related to this statute ...

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