Envíos recientes

  • “When is a Lawyer Not a Lawyer?”—And Other Questions that Must be Answered when Asserting the Governmental Attorney-Client Privilege Under Open Government Legislation 

    Riley, Chris M. (Texas Tech Journal of Texas Administrative Law, 2002)
    Reviews the governmental attorney-client exceptions under the Texas open government laws, discusses the governmental attorney-client privilege by defining both the governmental attorney and the governmental attorney’s ...
  • Texas Opens for Business: An Analysis of Deregulation of the Electric Industry in Texas 

    Nichols, Amy A. (Texas Tech Journal of Texas Administrative Law, 2002)
    Discusses Texas’s choice to require its electric utilities to unbundle their services, and compares Texas with different states who are deregulating their electric markets. Focuses on major areas of concentration and ...
  • Legislative Survey-Administrative Law 

    Pollan, Thomas M. (Texas Tech Journal of Texas Administrative Law, 2002)
    Legislative survey that focuses on the 77th Texas Legislature and the laws that were passed. The focus is on legislation that will have implications for practitioners before a specific agency and on changes in laws relating ...
  • Is Texas Waiving Good-Bye to Sovereign Immunity? 

    Shaw, Tara L. (Texas Tech Journal of Texas Administrative Law, 2002)
    Discusses the changes to sovereign immunity doctrine, so that state agencies and officials can be aware of what protection they currently have from lawsuits. Addresses the history and early evolution of the doctrine, early ...
  • Do Statutory Prerequisites Affect Jurisdiction to Hear Administrative Appeals in Texas after Dubai? 

    Johnson, Tyler (Texas Tech Journal of Texas Administrative Law, 2002)
    Addresses how the overruling of the Mingus exception creates subject matter jurisdiction problems for district courts. Describes different approaches that courts have taken post-Dubai, when Dubai applies, and what parties ...
  • Discovery and Administrative Decisionmakers: The Morgan Doctrine Under Federal and Texas Law 

    Maska, Christopher (Texas Tech Journal of Texas Administrative Law, 2002)
    Discusses how Texas’s failure to explicitly adopt the Morgan doctrine can jeopardize the administrative process, reasons why state administrative decision-makers require protection under the Morgan doctrine, and what ...
  • Cutting the Knot: The Use of ADR in Texas Agencies 

    Beam, Justin Wayne (Texas Tech Journal of Texas Administrative Law, 2002)
    Discusses how Alternative Dispute Resolution (ADR) can reduce the unwanted effects of litigation in agency adjudication. Starts with the basics of ADR and how ADR works, then discusses the history of ADR in Texas, and ...
  • Case Law Update 

    Keeney, Mary A. (Texas Tech Journal of Texas Administrative Law, 2002)
    Surveys published state-court decisions in the following categories from 2001-2002: Rule Challenges/Challenges to Statutory Authority, Administrative Appeals, Exhaustion of Remedies/Primary Jurisdiction, Standing, Public ...
  • Analysis of a Federal Policy Objective: The Absence of State Regulatory Authority over Privatized Military Base Utility Systems 

    Moore, William A.; Kennerly, Angela Agee (Texas Tech Journal of Texas Administrative Law, 2002)
    Under the Defense Reform Initiative, Congress requires the privatization of utility systems on military reservations using competitive bidding procedures. Addresses how states may or may not be able to regulate bidders ...
  • A Few Remarks on Not Minding Your Own Business 

    Smith, Bea Ann (Texas Tech Journal of Texas Administrative Law, 2002)
    A written copy of Justice Bea Ann Smith’s address to the Association of Administrative Law Judges on November 5, 2001. Talks about the role of the invisible judiciary, and how administrative judge roles differ from typical ...
  • Winner’s Curse: The Necessity of Estate Planning for Texas Lottery Winners 

    Montemayor, Eduardo (Texas Tech Estate Planning & Community Property Journal, 2014)
    Discusses the factors that affects estate planning for Texas lottery winners. Addresses certain tools to accomplish general lifetime objectives such as retirement income, income for disability, and ease of estate management ...
  • Retaining, Obtaining, and Sustaining Basis 

    Berry, Turney P.; Lee, Paul S. (Texas Tech Estate Planning & Community Property Journal, 2014)
    Argues that the enactment of American Taxpayer Relief Act of 2012 (ATRA) marked the beginning of a change in perspective on estate planning for high net worth individuals. The large gap between the transfer and income tax ...
  • New IRA Rules Wreak Havoc on Taxable Income & Leave Inherited IRAs at the Mercy of Bankruptcy Creditors 

    Snell, Ashley (Texas Tech Estate Planning & Community Property Journal, 2015)
    Describes the estate planning and tax implications for different types of clients with inherited IRAs after two Supreme Court decisions. Argues that estate planners must now consider the effects of these decisions on their ...
  • Married Same-Sex Couples Living in Non-Recognition States: A Primer 

    LaPiana, William P. (Texas Tech Estate Planning & Community Property Journal, 2015)
    Argues that the constructional problems created by the legalization of same-sex marriage in some states will work themselves out through litigation or legislation in the years to come. Additionally, addresses the challenges ...
  • It’s Tea Time—“Texas Tea” Time: Advising Donors and Managing Gifts of Oil, Gas and Mineral Interests 

    Sanders, Megan C. (Texas Tech Estate Planning & Community Property Journal, 2014)
    Addresses the uncertainties and concerns that arise when a person donates their mineral interests to charities instead of cash gifts. Provides strategies for managing the concerns of donors and discusses the most challenging ...
  • Extraordinary Remedies in Guardianships 

    Goodman, Catherine H.; McCully, R. Dyann (Texas Tech Estate Planning & Community Property Journal, 2014)
    Offers step-by-step guidance and forms to assist the guardianship practitioner in obtaining the best results. Discusses temporary guardianships, restraining orders and injunctions, receivership, transferring guardianship, ...
  • Equitable Adoption: The Implications of Common Law Children on Estate Planning and the Need for Statutory Regulation in Texas 

    Kern, Tara (Texas Tech Estate Planning & Community Property Journal, 2015)
    Focuses on the need for an equitable adoption statute in Texas. First, the comment explains the concept of equitable adoption and the problem that has arisen through the Texas Supreme Court's application of the doctrine. ...
  • Decanting More Than Just Wine: Revocability in Irrevocable Texas Trusts 

    Rose, Crystal (Texas Tech Estate Planning & Community Property Journal, 2014)
    Addresses the history and defines the meaning of decanting a trust as well as Texas's new decanting statute. Background information is presented as to what an irrevocable trust is, how to create one, and what flexibility, ...
  • Creditor’s Claims in Estate and Guardianship Administrations 

    Tamborello, Gus. G. (Texas Tech Estate Planning & Community Property Journal, 2015)
    Explores the rules and procedures for handling creditor claims in both independent and dependent estate administrations as well as in guardianship administrations in Texas. Argues that the current Estates Code represents ...
  • Bitcoin or Bust: Can One Really “Trust” One’s Digital Assets? 

    Noonan, Aubrey K. (Texas Tech Estate Planning & Community Property Journal, 2015)
    Twenty-first century estate planning will require consideration and protection of digital assets and currencies. Attorneys and investors should consider bitcoin and other forms of digital currencies for estate planning ...

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