Now showing items 3-22 of 367

    • 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 ...
    • 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 ...
    • 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 ...
    • 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 ...
    • The Affect of a Deed Conveying After-Acquired Title on a Claim Under the Texas Five-Year Adverse Possession Statute 

      Walker, Milton (Texas Tech Law Review, 1970)
      Examines the Texas Court of Civil Appeals at Tyler’s case Daniels v. Jones. The court in Daniels held that a claimant could rely on a deed conveying after-acquired title for the purposes of establishing an adverse possession ...
    • An Allegation of Scienter is Required in SEC Actions Brought Under Section 10b, Rule 10b-5 

      C., J.O. (Texas Tech Law Review, 1977)
      The Securities and Exchange Commission (SEC) brought suit against defendants, Bausch & Lomb, Inc., and it’s Chairman of the Board, Daniel Schuman. The relief sought by the SEC was an injunction against any further violations ...
    • The Ambiguities of Section 17(a) of the Bankruptcy Act of 1966 

      Riddle, Suzan (Texas Tech Law Review, 1971)
      Discusses how the ambiguities in section 17 (a) of the Bankruptcy Act of 1966 have caused the courts to broadly state the purpose of the act and to liberally apply the discharge provisions. The author suggests a revision ...
    • Anglo-Australian Criminal Procedure the Right of Silence 

      Westling, Wayne T. (Texas Tech Law Review, 1975)
      Examines the proposed changes to the right of silence in English law by the Eleventh Report of the Criminal Law Revision Committee. The proposed changes were many, but would develop the United Kingdom’s right of silence ...
    • Antitrust 

      Smith, J. Burleson (Texas Tech Law Review, 1975)
      This brief introduction surveys the changes in antitrust law in Texas. Also discusses specific cases and the impact their decisions will have on antitrust law. The author points out the increase in filings in the 5th and ...
    • Antitrust 

      Blakeley, Timothy (Texas Tech Law Review, 1977)
      Surveys recent antitrust law cases in the Fifth Circuit, especially those cases concerning standing requirements under the Sherman Act and the Clayton Act. The increased use of per se rules by the courts and the resulting ...
    • Antitrust, Introduction 

      Smith, J. Burleson (Texas Tech Law Review, 1976)
      Provides an introduction to a survey of cases on antitrust from the United States Court of Appeals for the Fifth Circuit for the period from September 1, 1974, through August 31, 1975. Even though all of the cases contained ...