Now showing items 1-20 of 682

    • 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 ...
    • Abandonment of the Surface Destruction Test in Determining Ownership of Unnamed Minerals 

      Davis, Richard D., Jr. (Texas Tech Law Review, 1984)
      In Moser v. United States Steel Corp., the Texas Supreme Court abandoned the surface destruction test for determining the inclusion on unnamed minerals in the severed mineral estate. The Court instead adopted the “ordinary ...
    • 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 a Congressional Directive, the Priority of Private Liens and Consensual Liens Arising from Certain Government Lending Programs is to be Determined Under Nondiscriminatory State Laws 

      Barnard, Brian (Texas Tech Law Review, 1980)
      Examines the decision in United States v. Kimbell Foods, Inc., which the author believes it is quite fair. The Court guaranteed protection for private creditors without imposing any new requirements on the federal government. ...
    • 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 ...
    • Acceleration and Foreclosure on Texas Real Estate 

      Baggett, W. Mike (Texas Tech Law Review, 1983)
      A revised version of the author’s presentation at the Texas Tech University School of Law’s Fifth Annual Banking Law Institute. This study of Texas real estate law presents an examination of both the protections afforded ...
    • Access to Judicial Proceedings: After Gannett and Richmond 

      Cappleman, Hollye E. (Texas Tech Law Review, 1981)
      Explains the effects that the United States Supreme Court cases Gannett Co. v. DePasquale and Richmond Newspapers, Inc. v. Virginia have had on the media’s access to judicial proceedings. There is an in-depth description ...
    • 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 Accused has No Constitutional Right in Texas to Representation Partially Pro Se and Partially by Counsel 

      Greene, W. Michael (Texas Tech Law Review, 1977)
      Summarizes the Texas Court of Criminal Appeals’ case Landers v. States. The court in Landers held that Texas did not recognize a constitutional right to hybrid representation—representation partially by counsel and partially ...
    • 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 and Procedure 

      Hull, Michael S.; Stewart, David C. (Texas Tech Law Review, 1982)
      Because the Fifth Circuit decided more procedural than substantive cases during the survey period, this year's Symposium article on administrative law focuses primarily on scope of review, rulemaking authority, subpoena ...
    • Administrative Law and Procedure 

      Swann, Tommy J. (Texas Tech Law Review, 1979)
      Surveys administrative law and procedure decisions from the United States Court of Appeals for the Fifth Circuit for the period from September 1, 1977, through June 30, 1978. This survey covers cases relating to administrative ...
    • Administrative Law and Procedure 

      Cook, Kevin J.; Mendel, Mark (Texas Tech Law Review, 1981)
      Survey of administrative law and procedure decisions from the United States Court of Appeals for the Fifth Circuit for the period from July 1, 1979, through June 30, 1980. This survey covers cases relating to administrative ...
    • Administrative Law and Procedure 

      Hull, Michael S.; Stewart, David C. (Texas Tech Law Review, 1982)
      Because the Fifth Circuit decided more procedural than substantive cases during the survey period, this year's Symposium article on administrative law focuses primarily on scope of review, rulemaking authority, subpoena ...
    • Administrative Law and Procedure 

      Cullen, Christopher (Texas Tech Law Review, 1984)
      Survey of administrative law and procedure decisions from the United States Court of Appeals for the Fifth Circuit for the period from July 1, 1982, through June 30, 1983. The Fifth Circuit rendered a number of administrative ...
    • Administrative Law and Procedure 

      Walker, James David (Texas Tech Law Review, 1983)
      Survey of cases from the United States Court of Appeals for the Fifth Circuit covers administrative law and procedure decision during the pertinent portions of 1981-1982. Covers a variety of topics including adjudication, ...