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The Strange Case of Lieutenant Waddell: How Overly Restrictive Rules of Engagement Adversely Impact the American War Fighter and Undermine Military Victory
No full text“A Scout Is Trustworthy”: Applying Virtue Ethics to Lawyer Professionalism
No full textThis Article advocates the employment of the twelve-point Scout Law of the Boy Scouts of America as a professional ethics guide for lawyers. The Article begins by briefly relating the history of virtue ethics as a philosophical field of study and comparing and contrasting it with rule- based ethics. The Article continues with a brief history of the Scout Law. Finally, the Article explores how each of the twelve points of the Scout Law identifies a virtue relevant to the practice of law and how seeking to adhere to these virtues is crucial for attorneys hoping to lead a life of professional excellence
Moot Points Notes from the Sarita Kenedy East Law Library Issue 20 March and April 2013
No full textDirector's Message; Meet Fang Wang New Reference and Special Collections Librarian; Recent Faculty Publications; Apps for Law Practice: Beware the Mobile Optimized Website; Neighborhood Dining Simi's Indian Cuisine; Educational Resource Classes; New Acqu
The New Voter Suppression: Why the Voting Rights Act Still Matters (Note)
No full textThis Note will analyze the purpose and history of the VRA. It will analyze Congress' authority to enact legislation in the area of voting rights. Furthermore, this Note discusses the Court's decision in NAMUDO and Chief Justice Roberts' and Justice Thomas' contention that Section 5 was rendered obsolete by the lack of recent laws aimed at voter suppression. Additionally, this Note will discuss the various changes in voting procedures enacted between 2011 and 2012 while analyzing the effect changes may have on minority voter participation. The Note will further examine Chief Justice Roberts' and Justice Thomas' arguments that voter suppression does not occur in modern day America. This Note will dispute that premise. Rather, evidence demonstrates that continued enforcement of Section 5 is necessary to prohibit states from denying minority citizens the ability to access the ballot box
Hardline Ideology Stymies Real Results: Texas Lawmakers' Battle over Family Planning Leaves Texas Women Unprotected (Comment)
No full textThis Comment discusses recent changes to women's health care in Texas. Part II discusses the history of legislative funding for family planning. Part III examines the dramatic effect the most recent legislative changes have had on women's healthcare within the Department of State Health Services' family planning programs. Part IV considers recent changes to the Women's Health Program and legal battles being waged as a result of those changes. Part V presents information regarding changes we can expect to see in the next legislative cycle, and in the courts. Part VI recommends steps lawmakers should take next, considering the number of family planning clinics that have had to close, as well as the thousands of Texas women now going without family planning services
Not What, but When Is an Offer: Rehabilitating the Rolling Contract
No full textA number of courts have held that a contract is formed when deferred terms found inside the package are reviewed by the buyer and accepted by some act—usually use of the good. This “rolling” contract approach has been widely criticized by commentators as an abomination of contract law that ignores a true application of the U.C.C., as well as the spirit of that code. However, the approach is not without its allure, as it permits contracts to be formed in an efficient manner that may very well appeal to consumers. Yet too strict of an adherence to the approach threatens to impose terms upon parties that they never expected or agreed upon; but conversely, too strict of an adherence to traditional concepts of offer and acceptance threatens to displace terms that were contemplated and not objectionable. Though existing contract law does a good job of defining contract offer, the trickier issue is identifying when the offer is actually made. If parties to a contract know that there is more to the contract than simply the price and the good, then it should come as no surprise that more terms are to come, or that a more detailed offer will be forthcoming. Thus, in some scenarios, it is perfectly reasonable to assume that the contract has not been formed in-store, but rather a deferred offer will come later. Thus rolling contract theory can be explained under a legal realism approach, as influenced by relational contract theory; however, this is not to say that all contracts are now subject to the rolling contract approach. This Article describes how legal realism and relational contract theory can be used to explain the rolling contract approach and makes suggestions for how relational contract theory can be used to aid courts in determining which contracts involve a rolling or deferred offer