St. Mary's University, Texas
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10-0223 CENTOCOR, INC. v. HAMILTON
No full text10-0223 Centocor Inc. v. Patricia Hamilton and Thomas Hamilton, et al. from Nueces County and the 13th District Court of Appeals, Corpus Christi/Edinburg For petitioner: Robert M. (Randy) Roach Jr., Houston For respondents/cross-petitioners: Craig T. Eno
09-0905 YORK v. STATE OF TEXAS
No full text09-0905 This advisory serves only as an abbreviated guide to oral argument. Summaries are prepared by the Court's staff attorney for public information and reflect his judgment alone on facts and legal issues and in no way represent the Court's opinion a
10-0776 MILNER v. MILNER
No full text10-0776 Jack Edward Milner v. Vicki Ann Milner from Tarrant County and the Second District Court of Appeals, Fort Worth For petitioner: Jeff Kobs, Fort Worth For respondent: Rebecca Tillery, Dallas In this appeal from a contest over property division, th
10-0603 TEXAS WEST OAKS HOSPITAL, LP v. WILLIAMS
No full text10-0603 Texas West Oaks Hospital, LP v. Frederick Williams from Harris County and the 14th District Court of Appeals, Houston For petitioners: Ryan L. Clement, Houston For respondent: Charles M. Hessel, Houston The issue is whether a hospital employee’s
National Consensus, Retributive Theory, and Foundations of Justice and Morality in Eighth Amendment Jurisprudence: A Response to Advocates of the Child Rape Death Penalty Statute in Kennedy v. Louisiana
No full textThis Article examines the foundations of law and justice in American jurisprudence to illuminate the Court's decision in Kennedy. Drawing on the philosophy of retributivists, primarily Immanuel Kant, this Article embraces the principle that justice is paramount, and that matching punishment to crime furthers the interests of justice. The Article opens with a survey of Eighth Amendment death penalty jurisprudence, particularly as applied to rape. Then, it briefly examines retributivist philosophy with regard to crime and punishment, focusing on Immanuel Kant's articulation. Finally, the Article demonstrates how the Court's decision in Kennedy was consistent with that retributivist philosophy
Caperton, Due Process, and Judicial Duty: Recusal Oversight in Patrons' Cases
No full textIn his thoughtful and provocative article, Professor Ronald Rotunda offers several arguments against “constitutionalizing judicial ethics,” especially criticizing the majority in Caperton v. A.T. Massey Coal Co., because he, echoing Chief Justice John Roberts in dissent, believes it offers “no coherent and reasonably clear theory of judicial disqualification.” It appears to be his hope that a future court might reverse this decision, and allow judges to be the sole assessors of judicial partiality. Despite Professor Rotunda's reservations, many good reasons support the Caperton majority, which requires federal, constitutional oversight of a state judge who refuses to recuse from participation in a case involving that judge's patron. In this brief essay, I will relate just two reasons that support Caperton’s result. First, though Caperton may indeed interject greater federal oversight of state judges as well as new oversight of the judges of courts of last resort, Caperton does not add a new review for most judges. Second, the due process of law must protect litigants from apparent corruption, or it cannot protect them from real corruption
The Rule of Law and Enforcement of Chinese Tort Law
No full textThere has been sufficient time for a rich understanding of the Rule of Law to emerge from decisions of the American high court. The opinions of the Supreme Court, while binding only in the United States, continue to enjoy some measure of respect in other countries
Limited Partnership Status and the Imposition of Fiduciary Duties under Texas Law
No full textThis article examines the question of what duties are owed among limited partners in a limited partnership. Part II discusses both the uniform and Texas statutes governing limited partnerships and their interplay with the law of general partnerships. Part III focuses specifically upon the duties owed by partners under both a general and limited partnership under Texas law. Part IV examines the McBeth decision, concluding that though the decision’s outcome is correct, the rule that should be extracted from the case is much more nuanced than the broad statement that limited partners owe fiduciary duties to one another. The article concludes that though Texas jurisprudence has failed to articulate a clear rule, it is consistent with the cases decided thus far and the nature of a limited partnership to only create a fiduciary duty in certain equitable circumstances, such as when the limited partner is exercising control over the limited partnership or is also acting in the role of a general partner
The Vast Domain of the Restatement (Third) of Torts
No full textThe Restatement sections dealing with the “simple” intentional torts are almost invariably clear, colorful, and easy to grasp. Those parts of the Restatement help students to understand the interplay of general rules and exceptions, and nicely demonstrate how factual differences drive the application of the law. In contrast, the Restatement sections dealing with the “advanced” subjects do a beautiful job of breaking complex subjects into manageable parts and allowing students to grapple effectively with extraordinarily challenging issues. Those issues include, among others, questions dealing with tort liability related to the exercise of free speech rights, legal protection of privacy interests, commercial deception, and the limits of business competition
CLE: 2011: Anticipatory Search Warrants
No full textThe Fourth Amendment permits a search warrant to issue to look for contraband in a specified location, even if the contraband is known NOT to be in that location when the warrant is issued. Such warrants are issued in "anticipation" of the evidence bein