Now showing items 21-40 of 45398

    • Civil Procedure 

      Marsh, Michael K.; Fox, Lance C. (Texas Tech Law Review, 1984)
      Survey of United States Court of Appeals for the Fifth Circuit’s civil procedure decisions from July 1, 1982, through June 30, 1983. The survey of civil procedure is divided into three principal areas. Part I deals with ...
    • Bankruptcy 

      Grisham, Lynn A. (Texas Tech Law Review, 1984)
      Survey of United States Court of Appeals for the Fifth Circuit’s bankruptcy decisions from July 1, 1982, through June 30, 1983. The bankruptcy cases handed down by the Fifth Circuit this survey period serve the practitioner ...
    • Antitrust 

      Tatum, David M. (Texas Tech Law Review, 1984)
      Survey of United States Court of Appeals for the Fifth Circuit’s antitrust decisions from July 1, 1982, through June 30, 1983. During the survey period, the Fifth Circuit rendered a number of decisions in the area of ...
    • Admiralty 

      Altaffer, Michael (Texas Tech Law Review, 1984)
      Survey of United States Court of Appeals for the Fifth Circuit’s decisions from July 1, 1982, through June 30, 1983 on admiralty law. A substantial amount of admiralty litigation was generated within the Fifth Circuit ...
    • 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 ...
    • 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 ...
    • A Driver’s Refusal to Submit to a Blood Alcohol Test is Admissible as Evidence at Trial 

      Clingman, Gary L. (Texas Tech Law Review, 1984)
      In 1983, the United States Supreme Court held that individuals who refuse to submit to a blood alcohol test may have that refusal admitted as evidence against them at trial. This reversed the Supreme Court of South Dakota’s ...
    • Use of the Texas Homestead Exemption to Shelter Assets in Bankruptcy May Bar Discharge 

      Polewski, John Patrick (Texas Tech Law Review, 1983)
      Examines United States Bankruptcy Court for the Northern District of Texas’s decision in First Texas Savings Association, Inc. v. Reed. In the instant case, Reed filed for bankruptcy and claimed a homestead exemption under ...
    • Union Security and Union Members’ Freedom to Resign: The National Labor Relations Board’s Thirty-Day Rule in Dalmo Victor 

      Collins, Jacqueline (Texas Tech Law Review, 1983)
      Discusses the legal problem that exists when a union member wishes to resign from the union to cross the picket-line during a strike. The National Labor Relations Board in the case that became known as Dalmo Victor, held ...
    • Top Royalty Deed Violates Rule Against Perpetuities 

      Ritchie, Wesley G. (Texas Tech Law Review, 1983)
      Looks to the Texas Supreme Court’s decision in Peveto v. Starkey. In Peveto, the Court held that the conveyance of a top deed that is granted at the expiration of a prior royalty deed with an indefinite second term violates ...
    • The Laws of Usury as Applied to Texas Banks and Foreign Banks Lending in Texas 

      Nicewander, Dan L. (Texas Tech Law Review, 1983)
      Presents a hypothetical lawyer who is returning to practice after a six-year absence and must be reacquainted and educated on the developments in both state and federal banking laws. The article focuses on developments ...
    • The Fifth Circuit Wrestles with the Texas Long-Arm 

      Weintraub, Russell J. (Texas Tech Law Review, 1983)
      Examines the decisions from the United States Court of Appeals for the Fifth Circuits during the pertinent portions of 1981-1982 regarding the application of the Texas long-arm statute, Texas Revised Civil Statutes article ...
    • The Expanded Texas Courts of Appeals 

      Guittard, Clarence (Texas Tech Law Review, 1983)
      Reviews the changes in the Texas courts system, specifically, the expansion of the courts of appeals, with the passage of Senate Joint Resolution 36 and Senate Bill 265. The former court of civil appeals are now conferred ...
    • The Education for All Handicapped Children Act of 1975 Requires Beneficial, Not Equal, Educational Opportunity 

      Harris, Martha (Texas Tech Law Review, 1983)
      Examines the United States Supreme Court’s decision in Board of Education v. Rowley. The Court held in Rowley that the Education for All Handicapped Children Act of 1975 does not require that handicapped children be granted ...
    • The Double Jeopardy Carving Doctrine is Abandoned in Texas 

      Atkerson, Danny Alec (Texas Tech Law Review, 1983)
      Analyses the Texas Court of Criminal Appeals’ case Ex Parte McWilliams. In the instant case, the court abandoned the carving doctrine which prohibited prosecution of more than one offense out of the same “continuous ...
    • The Automatic Stay in Bankruptcy: An Analysis of the Braniff Chapter 11 Proceeding 

      Baker, Erin Y. (Texas Tech Law Review, 1983)
      Analyses the automatic stay from post-petition activities affecting the debtor’s assets during a bankruptcy filed under chapter 11 of the United States Bankruptcy Code. The article uses an illustrative example from In re ...
    • The Amoco Case: The Implied Covenant to Seek Favorable Administrative Action 

      Gordon, Patrick R. (Texas Tech Law Review, 1983)
      Examines the newly emerged legal theory from Amoco Production Co. v. Alexander, the implied covenant to seek favorable administrative action. The author believes this covenant came about as the result of increased regulation ...
    • Texas Business & Commerce Code—Notice of Election to Dispose of or Retain Secured Collateral After Repossession is a Prerequisite to an Article 9 Deficiency Judgment 

      Glover, Randall K. (Texas Tech Law Review, 1983)
      Summarizes the Texas Supreme Court’s case Tanenbaum v. Economic Laboratory Inc. In Tanenbaum, the Court held that the Texas Business and Commerce Code requires that after repossession a secured creditor must elect to either ...
    • Taxation 

      Thompson, R. Keith (Texas Tech Law Review, 1983)
      Survey of United States Court of Appeals for the Fifth Circuit’s taxation during the pertinent portions of 1981-1982. Fifth Circuit decisions during the survey period dealt with numerous areas of the Internal Revenue Code. ...
    • “Taking” a Constitutional Look at the State Bar of Texas Proposal to Collect Interest on Attorney-Client Trust Accounts 

      Baker, Thomas E.; Wood, Richard E., Jr. (Texas Tech Law Review, 1983)
      Discusses the constitutionality of the Texas Interest on Trust Accounts (TEX-IOTA). TEX-IOTA is a proposed program in which interest on attorney-client trust accounts that are held for a short period or small in amount ...