Recent Submissions

  • Operating Unmanned Teller Machines in Texas 

    Hull, Michael S. (Texas Tech Law Review, 1982)
    Texas voters approved an amendment to the Texas Constitution that added a new part (b) to article XVI, section 16. Section 16(b) authorizes the legislature to enact legislation permitting banks to participate in Electronic ...
  • Negotiating and Drafting A Modern Oil and Gas Lease on Behalf of Lessor 

    Nickum, Ronald D. (Texas Tech Law Review, 1982)
    Discusses lease terms that benefit the lessor which are made possible by the current economics in the field of oil and gas. The forms contained in this article and the notes that go along with them embody ideas and terminology ...
  • Municipal Corporations Are Immune from Exemplary Damages Under 42 U.S.C. § 1983 

    Johannsen, Tonya L. (Texas Tech Law Review, 1982)
    Discusses the Supreme Court case, City of Newport v. Fact Concerts, Inc. In this case the City of Newport was found guilty of denying Fact Concerts their constitutional right to free speech and due process. Fact Concerts ...
  • Labor Law 

    Duncan, Laurence L. (Texas Tech Law Review, 1982)
    The Fifth Circuit rendered a multitude of labor law decisions during the survey period. The bulk of the decisions served to reaffirm established precedent. This Survey will examine significant decisions concerning sections ...
  • Introduction 

    Cooksey, Curry L. (Texas Tech Law Review, 1982)
    Although we refer to our span of coverage (July 1, 1980, through June 30, 1981) as a survey period, our coverage of the cases rendered therein is not a typical survey treatment. Instead, we have attempted to concentrate ...
  • Interstate Spouses, Interstate Property, and Divorce 

    Sampson, John J. (Texas Tech Law Review, 1982)
    Provides a multivariate analysis of divorce actions. Examines some of the situations where divorce involves parties living in different areas and owning property in different areas including both in the United States and ...
  • Intellectual Property 

    Kelly, H. Dennis (Texas Tech Law Review, 1982)
    The topic, intellectual property, has been absent from the symposium for two years. However, the importance of the cases in this area that were decided by the Fifth Circuit during the current survey period justifies a ...
  • Federal Rules of Evidence 

    Rozell, Andrew (Texas Tech Law Review, 1982)
    Examines decisions made in the Fifth Circuit Court of Appeals concerning federal rules of evidence. During the current survey period, the Fifth Circuit considered few new questions, but expanded several concepts developed ...
  • Federal Law Preempts State Treatment of Military Retirement Benefits as Community Property 

    Worley, James G. (Texas Tech Law Review, 1982)
    Discusses the issue of community interest in military retirement benefits. In the present case, the Supreme Court held that federal legislation creating military retirement benefits preempted any application of state ...
  • Extending Strict Liability to Health Care Providers: Can Consumers Afford the Protection? 

    Crowley, Timothy J.; Johannsen, Tonya L. (Texas Tech Law Review, 1982)
    Discusses implications of the expansion of strict liability to healthcare providers and explores whether the policies behind previous development are applicable to doctors and hospitals. Extending strict liability to health ...
  • Environmental Law 

    Kelly, H. Dennis (Texas Tech Law Review, 1982)
    Discusses the cases, which arose under the National Environmental Policy Act of 1969. It also examines the cases decided under the Federal Water Pollution Control Act Amendment of 1972. Finally, the article looks at the ...
  • Editor’s Foreward 

    Kite, David L. (Texas Tech Law Review, 1982)
    This Symposium is an attempt to give the current state of the law under the Texas Family Code with only a modicum of historical analysis. Reference to the 1974 Symposium and 1976 Supplement may be helpful to the practitioner ...
  • Don’t Call Out the Marines: An Assessment of the Posse Comitatus Act 

    Gates, John D. (Texas Tech Law Review, 1982)
    Discusses the history and use (or misuse) of the Posse Comitatus Act, including a recent incident at the village of Wounded Knee on the Pine Ridge Reservation in South Dakota and the use of military in the drug cases. The ...
  • Division Orders are Unilaterally Revocable Agreements that Bind the Parties Until Properly Revoked 

    Jacobson, Terry L. (Texas Tech Law Review, 1982)
    Observes the legal implications of division orders and whether division orders can be binding like contracts. The Exxon Corp. v. Middleton decision reestablished a delicate balance between royalty owners and purchasers. ...
  • Criminal Law and Procedure 

    Farris, Michael D.; Glisar, Michele; Potts, Susan E.; Shook, Toby L. (Texas Tech Law Review, 1982)
    The Fifth Circuit decided a multitude of cases in the realm of criminal law and procedure during this survey period. Included were substantive issues concerning drugs and narcotics, racketeering, inspections at sea, and ...
  • Consumer Law 

    Crowley, Timothy J. (Texas Tech Law Review, 1982)
    Consumer law decisions during this survey period have focused primarily on the Truth in Lending Act (TILA) (the Act) and Regulation Z. The activities of the Fifth Circuit dealing with TILA and Regulation Z emphasized three ...
  • Civil Rights 

    McClain, Bonnie; Sims, Jody W.; Pirtle, Sue M. (Texas Tech Law Review, 1982)
    The Fifth Circuit rendered a variety of decisions concerning civil rights during the survey period. Included in this Survey are cases on discrimination, first amendment rights, voting rights, school desegregation, and ...
  • Civil Procedure 

    Thompson, Kem; Crosby, Janice L. (Texas Tech Law Review, 1982)
    This survey of decisions made by the Fifth Circuit Court of Appeals is divided into two major areas. The first section addresses important decisions in the area of federal jurisdiction and pretrial procedure. The second ...
  • Bankruptcy 

    Holmes, Marian M. (Texas Tech Law Review, 1982)
    Discusses the Fifth Circuit’s decisions regarding the new Bankruptcy Code provisions from the new Bankruptcy Reform Act of 1978. During this survey period there were limited number of cases applying the new Bankruptcy ...
  • Antitrust 

    Holman, John H., Jr. (Texas Tech Law Review, 1982)
    Discusses the various Fifth Circuit Court of Appeals decisions on antitrust. During the current survey period, the Fifth Circuit rendered fourteen decisions, necessitating application of the principal antitrust statutes: ...

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