Now showing items 1-20 of 390

    • 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 ...
    • 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 and Procedure 

      Mills, Donald W. (Texas Tech Law Review, 1978)
      Surveys United States Court of Appeals cases for the Fifth Circuit’s administrative procedure decisions and administrative law decisions affecting the Federal Power Commission for the period from September 1, 1976, through ...
    • 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 

      Weathered, Frank (Texas Tech Law Review, 1978)
      Surveys United States Court of Appeals cases for the Fifth Circuit’s decisions from September 1, 1976, through August 31, 1977 on admiralty law. The survey covers litigation on several topics including the 1972 amendments ...
    • 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 ...