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Browsing Law Faculty Scholarship by Title

Browsing Law Faculty Scholarship by Title

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  • 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, ...
  • Laughlin, Angela M. (Texas Tech Law Review, 2005)
    During the Survey Period, the Fifth Circuit dealt with several challenges to the validity of sentence enhancements and departures from the Federal Sentencing Guidelines (the Guidelines). The most significant trends were ...
  • Hatfield, Michael (Texas Tech Law Review, 2007)
    2005-2006 Survey of Fifth Circuit tax cases.
  • Casto, William R. (Boston College Law Review, 1985)
    This note discusses the historical basis for congressional control of federal court jurisdiction. Professor Casto considers the system of federal courts created by the first Congress, giving special emphasis to the private ...
  • Soonpaa, Nancy (The Second Draft, 2001)
    Professor Soonpaa explains five exercises that aid students in better grasping the art of writing persuasively.
  • Loewy, Arnold H. (North Carolina Law Review, 1989)
    This essay discusses Texas v. Johnson. In Johnson, a 5-4 majority of the Supreme Court of the United States upheld a protester’s right to burn the American flag on First Amendment grounds. Professor Loewy contends that the ...
  • Jarmon, Amy L. (2009)
    Professor Jarmon encourages students to evaluate their study habits and suggests a handful of questions students should ask themselves to analyze their habits.
  • Casto, William R. (2004)
    In theory the federal courts might play a significant role in formulating foreign policy and in resolving disputes related to foreign policy, but from the earliest days of the Republic, they seldom have. Instead federal ...
  • Krahmer, John (Commercial Law Journal, 1981)
    The unsettled economic conditions of recent years have reintroduced a special risk in commercial paper and banking transactions which cross international boundaries. The basic problem is that an instrument made payable in ...
  • Palizzi, Anthony N. (Southern California Law Review, 1969)
    Remedies available to a person or bank which has taken on a forged instrument, as well as to a drawee bank which has paid that instrument, are dependent to a large extent upon the status of the party receiving the instrument ...
  • Camp, Bryan T. (Texas Tech Law Review, 2002)
    As with most litigation, tax litigation comes down to substance and procedure. By "substance" Professor Camp means controversy over the proper amount of tax. By "procedure" he means litigation over the proper process of ...
  • Fortney, Susan Saab (St. Mary's Law Journal, 2001)
    This article addresses the prevailing problem of malpractice claims based on conflicts of interest. Part I of this article introduces the topic by underscoring the seriousness of all conflicts of interest and recommending ...
  • Huffman, Walter B. (Military Law Review, 2009)
    The transcript of Major General (Ret.) Walter Huffman’s lecture at the annual Hugh J. Clausen Lecture in Leadership.
  • Loewy, Arnold H. (1983)
    In this article, Professor Arnold H. Loewy discusses the issues that arise from approaching the Fourth Amendment based on its effects on guilty parties instead of innocent citizens. First, he discusses historical Fourth ...
  • Loewy, Arnold H. (2011)
    In this symposium issue introduction, Professor Arnold H. Loewy provides a brief overview of the history of the Fourth Amendment, the values it was intended to promote, and the exclusionary rule as a remedy for Fourth ...
  • Bohling, William B. (Texas Law Review, 1975)
    Professor Bohling discusses two categories of franchise terminations that have largely escaped effective antitrust regulation. The first category includes terminations performed pursuant to an agreement between the franchisor ...
  • Loewy, Arnold H. (Journal of Public Law, 1967)
    Q: Aren’t you glad that the Supreme Court has recognized that obscenity is not speech within the meaning of the first amendment and as such is not constitutionally protected? A: I most certainly am not! It seems to me ...
  • Loewy, Arnold H. (Brigham Young University Law Review, 2007)
    Free trade in ideas is tough medicine. It includes all sorts of things that we would rather not hear. In fact, it is typically only relevant when the government seeks to punish unusually bad speech. Let us examine why that ...
  • Loewy, Arnold H. (1993)
    In this article, Professor Arnold H. Loewy advocates for a broad interpretation of the First Amendment right to freedom of speech under the argument that free speech is a product of a democratic society. He discusses various ...