DSpace at TTU: Recent submissions
Now showing items 21-40 of 45805
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“Secular Humanism” as an “Established Religion”: A Response to Whitehead and Conlan
(Texas Tech Law Review, 1979)Critiques an article published in the Winter 1978 issue of the Texas Tech Law Review about the evolution of the concept of religion in the decisions of the United States Supreme Court. The author says that the article is ... -
It is Unreasonable Under the Fourth and Fourteenth Amendments to Stop an Automobile for a License and Registration Check Unless There is at Least a Reasonable and Articulable Suspicion
(Texas Tech Law Review, 1979)Analyzes the Supreme Court case, Delaware v. Prouse. In Prouse the Court held that it violated the fourth and fourteenth amendments to stop an automobile and detain its occupants for a license and registration check unless ... -
Products Liability In Texas
(Texas Tech Law Review, 1979)Discusses the problems with strict liability that result from a lack of uniformity in loss allocation between strict tort liability and comparative negligence under article 2212(a). The distribution of loss between the ... -
Picketing and the Expanding Role of the State Labor Injunction
(Texas Tech Law Review, 1980)Discusses picketing and the limits on state power to regulate picketing. Injunctions are the main tools that employers have to stop or limit labor pickets. Labor organizations use picketing as an economic weapon against ... -
The National Labor Relations Act Does Not Authorize the National Labor Relations Board to Exercise Jurisdiction Over Lay Teachers in Parochial Schools
(Texas Tech Law Review, 1980)Discusses the issue of whether the National Labor Relations Act authorizes the National Labor Relations Board to exercise jurisdiction over lay teachers in parochial schools. The author examines this question by using the ... -
An International Union is Not Liable for Damages for Failing to Use All Reasonable Means to Prevent or Terminate a Wildcat Strike by Local Union Members if the Union Did Not Instigate, Support, Ratify, or Encourage the Strike
(Texas Tech Law Review, 1980)Examines the Supreme Court case, Carbon Fuel Co. v. UMW. Carbon Fuel Co. held that the union did not have a duty to use all reasonable means to prevent or terminate wildcat strikes, and that because they did not instigate, ... -
Labor Law
(Texas Tech Law Review, 1980)The majority of the labor law cases decided by the Fifth Circuit during the survey period merely reaffirmed established precedent. Several significant decisions were rendered, however, concerning the Occupational Safety ... -
Judicial Review of Social Security Disability Decisions: A Proposal for Change
(Texas Tech Law Review, 1980)Focuses on the disability program administered by Social Security Administration (SSA) under Title II of the Act. Examines key sections of the Act, provisions of the SSA regulations, and judicial decisions. The purpose of ... -
Hypnosis: Understanding Its Use In The Criminal Process
(Texas Tech Law Review, 1979)Explores the use of hypnosis in the courtroom, interrogation, and in gathering witness information. The author gives a background of how hypnosis works, the history of hypnosis in the American judicial system, the positive ... -
Federal Rules of Evidence
(Texas Tech Law Review, 1980)Looks at how the Fifth Circuit decided several significant cases interpreting the Federal Rules of Evidence. Although some attention will be given to the factual background of the following cases, emphasis will be placed ... -
Denial of the Right to Vote in Municipal Elections to Otherwise Qualified Voters Residing Within a City’s Extraterritorial Jurisdiction Does Not Violate the Equal Protection Clause
(Texas Tech Law Review, 1979)Discusses the right to vote in an extraterritorial jurisdiction. The author believes that limiting who can vote in a city’s jurisdiction does not violate the equal protection clause. Moreover, extending the right to vote ... -
E. Wayne Thode 1920-1980, A Memorial
(Texas Tech Law Review, 1980)A memorial for Texas Tech University Law professor Wayne Thode. Dean Elliot writes a touching article about Thode’s contributions to the law school, Texas Tech Law Review, and Texas law. -
Due Process Clause Requires “Clear and Convincing” Standard of Proof in State Involuntary Civil Commitment Proceedings
(Texas Tech Law Review, 1979)Observes the argument that standards of proof do not have an influence on the triers of fact in a case. The author contends that it is very unlikely that the court will make any substantial changes to the standard of proof. ... -
Disposition of Repossessed Goods Under Article 9 of the Texas U.C.C.
(Texas Tech Law Review, 1980)Focuses on the procedures associated with the disposition of repossessed goods. The author outlines the requirements of posting notice for someone whose goods are being possessed and whether the procedures steer clear of ... -
The Public Has No Constitutional Right to Attend Pretrial Suppression Hearing
(Texas Tech Law Review, 1979)Discusses how the burden on criminal trial courts to insure a fair trial in the wake of adverse publicity has resulted in increased use of judicial closure orders. The main issue is whether the right to a public trial ... -
Criminal Law & Procedure
(Texas Tech Law Review, 1980)The Criminal Law and Procedure section of the Fifth Circuit Symposium which focuses on significant developments in both substantive and procedural aspects of the criminal justice system. Notable cases are discussed and ... -
“Crashworthiness”, Strict Liability and the Demise of the Henderson Bifurcated Test in Design Defect Cases – Special Issues Will No Longer Define “Unreasonably Dangerous” But Will Require Balancing of Utility and Risk”
(Texas Tech Law Review, 1980)Discusses how the crashworthiness test had never before been accepted by the Supreme Court, but was adopted in the Turner case after a cursory analysis. The court recognized that the relevant factors can be better delineated ... -
Civil Rights
(Texas Tech Law Review, 1980)The Fifth Circuit decided a number of important civil rights cases during the survey period. This article will examine significant decisions rendered by the court in five major areas - first amendment rights, housing ... -
Civil Procedure
(Texas Tech Law Review, 1980)The Civil Procedure section of this year's symposium analyzes notable decisions rendered by the Fifth Circuit in two major areas. Part one of the survey discusses recent developments in the area of federal jurisdiction and ... -
The Carmack Amendment to the Interstate Commerce Act Does Not Preclude Recovery Under the Texas Deceptive Trade Practices Act for Damages to Goods Shipped in Interstate Commerce
(Texas Tech Law Review, 1979)Focuses on the effects of the Carmack Amendment on recovery under the Texas Deceptive Trade Practices Act. The author contends that Congress should re-examine the amendment and revise it to reflect a reasonable balance ...