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Browsing Law Faculty Scholarship by Title

Browsing Law Faculty Scholarship by Title

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  • Beyer, Gerry W. (Prism Publishing Inc., 2010)
    In this book, the authors cover a range of options to provide for our pets' future under such circumstances when we are no longer mentally or physically able to take care of them. The authors also discuss a number of related ...
  • Hatfield, Michael (Lewis & Clark Law Review, 2006)
    On August 1, 2002, then Assistant Attorney General Jay S. Bybee signed for President Bush a memorandum of law concluding that some torture was not necessarily illegal if the President ordered it. This Essay examines how ...
  • Rice, Willy E. (Catholic University Law Review, 1994)
    This Article presents both historical and empirical evidence to support the view that the Supreme Court and the lower federal courts are inferior forums for resolving insurance-related controversies. It is amply apparent ...
  • Casto, William R. (Connecticut Law Review, 1986)
    The thesis of this article is that section 1350 (of the Judicial Code) should be construed as liberally as possible. Although there is no need to limit Alien Tort Claim litigation, a liberal construction of section 1350 ...
  • Phelan, Marilyn E. (Texas Tech Law Review, 1992)
    The Fifth Circuit issued thirty-two decisions involving federal taxation issues during the current survey period. The court ruled that a shareholder's guaranty of a third party loan to a Subchapter S corporation will not ...
  • Phelan, Marilyn E. (Texas Tech Law Review, 1986)
    This article functions as a survey of federal income taxation cases decided in the early 1980s. Professor Phelan specifically examines cases dealing with tax protestors, tax fraud prosecutions, and sham tax shelters.
  • Baker, Thomas E. (Texas Tech Law Review, 1985)
    In this article, Professor Baker examines several Fifth Circuit cases dealing with the issue of federal jurisdiction during the survey period of July 1, 1983, to June 30, 1984. Because federal courts are courts of limited ...
  • Viator, James E. (Texas Tech Law Review, 1987)
    The article begins with an explanation of the two jurisdictional elements that comprise supplemental jurisdiction: pendent jurisdiction and ancillary jurisdiction. The article utilizes the Fifth Circuit case, Hefner v. ...
  • Wicker, Jeremy Charles (Florida State University Law Review, 1973)
    Professors Wicker and Moore tackle the seemingly age-old problem of gridlock in the courts. They provide the following suggestions: 1) original jurisdiction should implement the Federal Rules of Civil Procedure; 2) venue ...
  • Baker, Thomas E. (Litigation, 1985)
    In this article, Professor Baker analogizes a litigator’s task in understanding federal jurisdiction to a fencing match because of the special art and form required for both activities. Because federal courts are courts ...
  • Larkin, Murl A. (Texas Tech Law Review, 1975)
    The following legislative and drafting history of the new federal rules is compiled from the detailed notes of the Advisory Committee appointed by the Chief Justice of the United States, notes and comments of the House ...
  • Phelan, Marilyn E. (Texas Tech Law Review, 1991)
    The Fifth Circuit issued opinions in twenty-eight cases involving federal taxation issues during the current survey period. Most of the cases decided tax procedure issues; seven of the cases, however, involved tax evasion. ...
  • Phelan, Marilyn E. (1994)
    The Fifth Circuit issued opinions in twenty-nine cases involving federal taxation issues during the current survey period. An analysis of the decisions leads to the conclusion that the court has abandoned the previous ...
  • Phelan, Marilyn E. (Texas Tech Law Review, 1993)
    The Fifth Circuit issued twenty-two decisions involving federal taxation issues during the survey period. The court dealt with an expansive realm of issues but issued few unprecedented rulings. Still, the court did render ...
  • Phelan, Marilyn E. (Texas Tech Law Review, 1990)
    The Fifth Circuit issued opinions in twenty cases involving federal taxation questions during the current survey period. The cases involved a wide spectrum of issues; a few involved unprecedented issues. The court rendered ...
  • Phelan, Marilyn E. (Texas Tech Law Review, 1989)
    The Fifth Circuit decided fifteen cases involving federal taxation issues during the current survey period. A few of the cases involved unprecedented issues. One case established that an employee may bring a tort action ...
  • Phelan, Marilyn E. (1988)
    The Fifth Circuit issued decisions in twenty-seven cases involving federal taxation issues during the current survey period. Most of the cases involved tax procedure; few covered any unprecedented issues. Some of the tax ...
  • Larkin, Murl A. (Clark Boardman Company, Ltd., 1986)
    The most significant portion of the law of evidence not covered by the Federal Rules of Evidence is that governing evidentiary privileges. It is the purpose of this work to examine and record the development of the law ...
  • Zanglein, Jayne Elizabeth (Texas Tech Law Review, 2000)
    The Fifth Circuit's 1999 term was action packed with significant employee benefit issues. The court abrogated Burks v. Amerada Hess Corp., limited Pierre v. Connecticut General Life Insurance Co., issued one en banc decision, ...
  • Soonpaa, Nancy (Texas Tech Law Review, 2003)
    In the 2001-2002 term, the Fifth Circuit considered and decided thirty four cases related to civil rights issues. This article serves to survey and summarize those cases. Its purpose is not to critique those cases; rather, ...