Now showing items 1-20 of 576

    • The 1970 Clean Air Amendments: Federalism In Action Or Inaction? 

      Kramer, Bruce M. (Texas Tech Law Review, 1974)
      Observes the monumental changes the 1970 amendments made to environmental law. The author praises the dual system of enforcement and variance approval. Moreover, the author believes that a federal presence limits leniency ...
    • The 1975 Amendments to the Texas Business Corporation Act and the Texas Securities Act 

      Bateman, Hal M.; Dawson, William B. (Texas Tech Law Review, 1975)
      Discusses the main amendments to the securities act which include exemptions from registration, rule-making authority for the Texas Securities Board, clarifications of sec 334 of the Act, and a remedy to receivership in ...
    • 2(B) or Not 2(B)? Whether the Negative Implication of § 502(B) Requires Disallowance of Contractual Post-Petition Attorneys’ Fees in Bankruptcy (And Why There Should Be a New Majority Approach) 

      Miller, Ronald (Texas Tech Business & Bankruptcy Law Journal, 2015)
      This comment discusses the nonuniformity in the application of 502(b) to post-petition attorneys’ fees in bankruptcy. The comment analyzes the Supreme Court decision in Travelers, which avoided resolving the issue of ...
    • The Ability to Exercise Will Is an Element of Mental Capacity 

      Hall, Eileen (Texas Tech Law Review, 1975)
      Analyzes the issue of whether depression counts for lack of mental capacity and if this mental capacity means that a person has a decreased volitional will. The author introduces the court’s new mental capacity instruction ...
    • Absent Creditor Reliance, A Limited Partner Who Is a Director of the Corporate General Partner Is Not Personally Liable for Partnership Obligations 

      Greenhaw, David (Texas Tech Law Review, 1975)
      Discusses the increase in use of limited partnerships with corporate general partner. This increase is due in part because of the advantages associated with such an arrangement. The author proves this by listing pros and ...
    • Abuse Under Chapter 7 of the Bankruptcy Code: A Rational Approach to Weighing Ability to Pay 

      Landry, Robert J. III (Texas Tech Business & Bankruptcy Law Journal, 2014)
      This article discusses the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) and the creation of the statutory means test to address the perceived abuses in consumer bankruptcy. It ...
    • Accountants Are Liable to Third Parties for Failure to Exercise Reasonable Care 

      Collier, Don (Texas Tech Law Review, 1971)
      Analyzes the rules on an accountant’s liability to a third party. Generally, an accountant owes a third party the standard of ordinary care that he owes persons with whom he is in privity of contract. However, the author ...
    • An Ace in the Hole & A Jack of All Trades: Recent Developments Affecting Sovereign Immunity & Pleas to the Jurisdiction 

      Boyd, Jeffrey S. (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 ...
    • Action for Damages Under Child Support Agreements Cognizable in District Court 

      T.S.L. (Texas Tech Law Review, 1977)
      Examines Texas Civil Appeals court case, Adwan v. Adwan. Mirlah Adwan sued her former husband Kenneth Adwan in a district court of Dallas County seeking damages for his failure to comply with a child support agreement ...
    • Action in the Chasm: Defining Duties of the Trustee’s Delegates 

      Echols, William S. (Texas Tech Estate Planning & Community Property Journal, 2014)
      Discusses what liability occurs when a trustee delegates discretionary responsibility to an outside source and that source makes an action that would constitute a breach of a fiduciary duty had the trustee made that action. ...
    • Adapting to the Changing Face of American Sports: Estate Planning for the International Professional Athlete 

      Johnston, Evan (Texas Tech Estate Planning & Community Property Journal, 2014)
      Discusses the unique legal issues facing estate planning lawyers for the representation of non-citizen athletes that request their services. When creating a holistic plan for an athlete, an estate planning practitioner ...
    • Ademption by Extinction: Smiting Lord Thurlow’s Ghost 

      Paulus, John C. (Texas Tech Law Review, 1971)
      Compares two theories of interpretation of a testamentary gift. The identity doctrine, articulated by Lord Thurlow in 1786 and still the majority rule, dictates that an identified asset that is not held by the testator at ...
    • Administrative Law and Procedure 

      Crowley, Michael J. (Texas Tech Law Review, 1977)
      Surveys recent Fifth Circuit cases which involve significant rulings pertaining to administrative law and procedure. The author includes a brief introduction which explains the organization of the survey and some insight ...
    • Administrative Law: Survey 

      Schleier, Sue (Texas Tech Law Review, 1976)
      A survey covering the United States Court of Appeals for the Fifth Circuit’s administrative law decisions for the period from September 1, 1974, through August 31, 1975. These administrative decisions are based on a wide ...
    • Admiralty 

      Acomb, Robert B., Jr. (Texas Tech Law Review, 1975)
      Examines the increasing caseload burden that is a result of maritime litigation. Which is increasing due to oil development in the gulf. The author suggests that the 5th Circuit should continue to define and limit the scope ...
    • Admiralty 

      Hagood, Gene S. (Texas Tech Law Review, 1977)
      Surveys recent Fifth Circuit cases involving new or significant issues related to admiralty and maritime law. Three of the survey cases are discussed under this survey's first subdivision, Expansion in the Moragne/Gaudet ...
    • Admiralty: Introduction 

      Acomb, Robert B., Jr. (Texas Tech Law Review, 1976)
      An introduction to the United States Court of Appeals for the Fifth Circuit survey of admiralty law for the period from September 1, 1974, through August 31, 1975. The author gives a brief summary of the maritime appeals ...
    • Admiralty: Survey 

      Hall, Eileen; McCallum, Franklin H., Jr. (Texas Tech Law Review, 1976)
      Survey covering the United States Court of Appeals for the Fifth Circuit’s admiralty decisions for the period September 1, 1974, through August 31, 1975. The survey covers a wide array of topics including the following: ...
    • Adoption of a Flexible Duty Standard Under Rule 10b-5 

      Greenhaw, David (Texas Tech Law Review, 1974)
      Discusses duty imposed by the 10b-5 rule in securities regulations. It also discusses to what extent the 10b-5 rule imposes a duty. The author observes the 9th Circuit’s choice to a new approach that rejects the defendant’s ...
    • Adverse Inferences May Be Drawn From the Refusal of a Prison Inmate to Testify at a Disciplinary Hearing 

      Mills, Donald W. (Texas Tech Law Review, 1976)
      Discusses the Supreme Court case, Baxter v. Palmigiano. In Baxter an inmate of a Rhode Island Correctional Institution was charged with creating a disturbance likely to result in a riot. At a subsequent disciplinary hearing ...