St. Mary's University, Texas
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10-0321 TEX. DEPT. OF PUBLIC SAFETY v. CARUANA
No full text10-0321 Texas Department of Public Safety v. Stephen Joseph Caruana from Hays County and the Third District Court of Appeals, Austin For petitioner: Kevin M. Givens, Austin For respondent: Brian L. Baker, San Marcos The issue in this license-revocation a
09-1010 FPL FARMING LTD. v. ENVIRONMENTAL PROCESSING SYSTEMS, L.C.
No full text09-1010 FPL Farming Ltd. v. Environmental Processing Systems L.C. from Liberty County and the Ninth District Court of Appeals, Beaumont For petitioner: Ms. Claudia Wilson Frost, Houston For respondents: Mr. Richard G. Baker, Liberty In this subsurface-tr
Purging the Drug Conviction Ban on Food Stamps in California
No full textA federal statute places a lifetime ban on food stamps for felony drug offenders. While the statute allows individual states to opt out of the ban and restore food stamp benefits to resident drug offenders, California has chosen to only partially opt out of the federal ban. This results in thousands of otherwise eligible Californians being denied necessary and vital food assistance
False Security: How Courts Have Improperly Rendered the Protections of the Protective Order Illusory
No full textThe protective order is perhaps one of the most useful and “taken for granted” discovery devices contemplated by the Colorado and Federal Rules of Civil Procedure. In civil litigation, in which confidential, proprietary, and trademark information is routinely demanded through written discovery requests, the parties often ward off heated discovery disputes through the entry of a joint protective order. The purpose of this type of protective order is to permit the parties to produce business information—for example, information concerning the design and testing of a particular product—without fear that the information will be disseminated publicly, and with a court order that the information be used only for purposes of the present litigation. The United States Federal District Court for the District of Colorado discussed the usefulness of such “blanket” protective orders in Gillard v. Boulder Valley School District Re.-
On Race, Gender, and Radical Tort Reform
No full textThe Measure of Injury is an intellectual tour de force of gender- and race-based jurisprudence applied to critical issues in the law of torts. Destined to become a landmark in legal scholarship, this book deserves to be widely read, discussed, and debated. In their compact, but rich and provocative volume, the authors—Martha Chamallas of Ohio State University and Jennifer B. Wriggins of the University of Maine—shed light on numerous issues related to the law governing accidents and intentional injuries
Closing the Courthouse Doors: The Implications of the Discovery of Immigration Related Facts and the Effects of Sec. 30.014 of the Texas Civil Practice & Remedies Code (Comment)
No full textAllowing discovery of immigration related facts in civil claims may lead to not asserting rights, or seeking any kind of relief for fear that: (1) their immigration status will be discovered by authorities who will initiate deportation; (2) there will be some kind of retaliation against them; or (3) they will never even get a chance to assert their rights because their cause will not be heard in court anyway. Section II of this Comment will examine the discoverability of immigration related facts in the civil justice system. Section III of this Comment will explore § 30.014, beginning with the legislative history of this provision, and discuss whether it is meeting the purported legislative objective of efficiency in judgment collections. Section IV of this Comment will examine the consequences of § 30.014, and the discovery of immigration related facts, on undocumented individuals attempting to assert their rights. Section V will propose legislative alternatives to the statute that would achieve the same goal of efficiency on the judicial docket, without unduly prejudicing undocumented immigrants. Finally, Section VI will present tools for fighting a motion to compel the discovery of immigration related facts
Credit-Monitoring Damages in Cybersecurity Tort Litigation
No full textPart I of this Article provides an overview of the importance of credit monitoring and of tort claims related to cybersecurity. It also discusses the duty to protect digital personal information and to disclose breaches of cybersecurity, as well as the reasons why the economic loss rule should not bar claims for the costs of credit monitoring. Part II of this Article discusses the precedent dealing with credit-monitoring damages, related business practices, class-action settlements, and judicial and administrative sanctions. Part III explores the issue of whether credit-monitoring damages are analogous to the medical-monitoring damages that many states award to victims of toxic exposure. Part IV then considers arguments against the compensability of credit-monitoring damages in cybersecurity lawsuits. These include the alleged lack of present injury in cases where the plaintiff has not experienced identity theft and the ability of potential plaintiffs to self-protect against economic harm by purchasing credit-monitoring services. Part V then explains why courts should allow victims of data-security breaches to recover compensation for the costs of credit monitoring. The Article argues that protection from identity theft should be as widespread as commercial use of computerized personal information and that businesses should be required to internalize the costs of their negligent data practices. In many instances, businesses are well-situated to efficiently spread identity theft prevention costs among those who benefit from the use of computerized personal information. Finally, this Article concludes that plaintiffs should be able to recover credit-monitoring costs often in cybersecurity litigation
The Legal Minute October 2011
No full textGetting to Know San Antonio's Legal District, Summer Internship in D.A.'s Office is Informative, Advice from a Former 1L, Advice from the Dean's List, Why Should Law Students Attend Red Mass?, Red Mass in an Earlier Era, Chief Executive Complaint Frontie
10-0960 IN RE XL SPECIALTY INS. CO.
No full text10-0960 In re XL Specialty Insurance Co. and Cambridge Integrated Services Group Inc. from Dallas County and the Fifth District Court of Appeals, Dallas For relators: David Brenner, Austin For real party in interest: Alan B. Daughtry, Houston The princip
