St. Mary's University, Texas
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10-0554 AMERICAN ZURICH INS. CO. v. SAMUDIO
No full text10-0554 American Zurich Insurance Co. v. Daniel Samudio from Harris County and the First District Court of Appeals, Houston For petitioner: Robert D. Stokes, Austin For respondent: Byron C. Keeling, Houston The principal issues in this workers-compensati
The U.S. Supreme Court's "Disability" in Statutory Construction: The Debate Over the Interpretation of the Definition of "Disability" Under the Americans with Disabilities Act (ADA) & the ADA Amendments Act of 2008
No full textThis Article provides an overview of the contrasting textual interpretations offered by the Court related to the definition of “disability” in the original ADA. Next, it reviews the purposes and findings of the ADA Amendments Act of 2008 that examine the conflict that arose over the correct original interpretation of the ADA. Third, this Article provides critical analysis of the Supreme Court’s problematic interpretations including: (1) its interpretation of Congress’s ambiguous language in the text of the original; (2) the Court’s disdain for the legislative history of the ADA including congressional reports and selective use of these instruments when deciding issues of statutory construction; and (3) the Court’s potential error in judgment of relying on federal agency guidelines for interpretations of the language of the original ADA when no agency had been granted interpretative authority over the ADA. Part IV then considers what legal developments have occurred since the passage of the ADAAA and what this means for the interpretation of “disability.” Finally, this Article concludes with a brief commentary on the relationship between the Supreme Court and Congress, how the dynamic between the branches can both hinder and advance public policy, and how a new interpretation of disability could impact disability law, particularly in looking at obesity as a disability
Religious Treatment Exemption Statutes: Betrayest Thou Me with a Statute?
No full textThis Article asks why any state would have religious exemptions that promote the religious practice of withholding medical treatment from dying children. After an analysis of the most probable reasons for the statutes, the Article contends that all such religious exemptions should be repealed as violating public policy. This Article concludes that religious exemption statutes betray the interests of both children and their parents
Service Animals in Training and the Law: An Imperfect System
No full textIt is critically important to provide service animals in training the same protections given to fully trained service animals. To achieve this goal, the ADA, the ACAA, and the FHAA must be amended to provide service animals in training with access to workplaces, transportation, and places of public accommodation equivalent to those already provided to trained service animals
On the Abuse and Limits of Lawyer Discipline
No full textDespite being routinely underfunded, lawyer disciplinary processes must operate in ways that merit the confidence of both society at large and the American legal profession. This means that those who participate in lawyer grievance adjudication must be vigilant against systemic abuse (whether deliberate or unintentional) and mindful of factors that limit institutional competence. This Essay argues that, in many instances, disciplinary authorities should abstain from deciding grievances that would require them to rule on unresolved scientific questions, particularly if controversial matters are involved. The Essay further urges that grievance rulings must be consistent with American constitutional principles which favor robust debate of public issues and hold that even unpopular parties have a right to legal counsel. A lawyer should never be subject to discipline based on allegedly misleading advertising absent persuasive evidence that the lawyer knowingly, recklessly, or negligently made a provably false assertion of fact
2012: CLE: Legal Issues in the "War on Terror"
No full textThis lecture will discuss current and emerging legal and policy issues in the “War on Terror” to include Rules of Engagement, Military Commissions, Enemy Combatant designations, and other issues that the Center for Terrorism Law is currently engaging on
2012: CLE: Is it time already for new ediscovery rules? But wait, I don’t understand the existing rules.
No full textA discussion on the major ediscovery issues facing litigants and lawyers, whether the extra effort and costs have furthered the goals of securing the just, speedy, and inexpensive determination of every action and proceeding, and what rule changes are be
Why Your Secretary Is Really Worth a Million Dollars: Exploring the Harsh Penalty for Not Proofreading Your Fee Agreements in Anglo-Dutch Petroleum v. Greenberg Peden
No full textThis Article examines the Texas Supreme Court’s decision in Anglo-Dutch Petroleum International, Inc. v. Greenberg Peden, P.C. Next, this Article discusses the decision in light of other cases dealing with attorney–client contract issues. Then, an explanation of why the court’s decision is inconsistent with other opinions is provided. This Article next analyzes the long-term effects of the Anglo-Dutch decision and the lessons to be learned from the case about drafting contracts and lawyers’ obligations to inform clients of material terms. Finally, this Article suggests that the court’s decision decreases the legal protection extended to lawyers and holds them closer to a strict-scrutiny standard regarding candor, while encouraging predatory conduct by clients
Civility and Collegiality—Unreasonable Judicial Expectations for Lawyers As Officers of the Court?
No full textThis Article argues that it would be preferable for courts to define sanctionable officer-of-the-court duties by reference to well-defined, existing procedural and ethical norms, thereby enhancing predictability and imbuing the label with much-needed substance