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Securities Regulation
No full textSecurities regulation deals primarily with the laws preventing and providing remedies for fraud in the sale of stocks and bonds. Texas has two major statutes to combat securities fraud: the Texas Securities Act (TSA) and what is referred to here as the Texas Stock Fraud Act (TSFA). Although this article includes Fifth Circuit cases under federal law, the author attempts to limit the material to that involving state law, only touching federal securities law when necessary. The author does not intend this article to exhaust all aspects of securities regulation but rather to update the Texas-based securities practitioner with new developments of interest
Legal Malpractice Litigation and the Duty to Report Misconduct
No full textLawyers participating in legal malpractice litigation sometimes encounter evidence of serious disciplinary rule violations. Whether, and how soon, those lawyers are required to report this information to grievance authorities is a question that has received little attention from courts and scholars, despite the fact that most states have mandatory reporting rules. The dilemma for lawyers serving as testifying experts is particularly troublesome because nonreporting may result not only in discipline, but testimonial impeachment. The better view is that an expert in a pending case ordinarily has no mandatory obligation to report misconduct. This conclusion is supported by an analysis of the narrowness of the reporting obligation, the exceptions to the rule, public policy considerations related to malpractice litigation and grievance procedures, and customary professional practices. However, after litigation ends, an expert (and other lawyers) may have a duty to call evidence of serious misconduct to the attention of disciplinary authorities
An Article We Wrote to Ourselves in the Future: Early 21st Century Views on Ethics and the Internet
No full textWritten from the viewpoint of the year 2050, this Article discusses the clash between legal ethics and the technological revolution of the early twenty-first century. As a result of ethics rules being applied to new technologies in ways never contemplated under traditional circumstances, lawyers had to be overly cautious when they used the Internet to correspond with or seek out clients, or otherwise promote their legal services. The lesson learned is that the legal community should reflect on the harm caused by over-zealous regulation and take a more reasoned approach to the use of technology for the benefit of lawyers, judges, and clients
Using International Human Rights Law to Combat Racial Discrimination in the U.S. Criminal Justice System
No full textGiven the disproportionate representation of minorities in various stages of the American criminal justice system, some kind of problem exists. Part II of this Article describes the roots of international human rights law as related to the prohibition of racial discrimination in general, followed by a discussion of racial discrimination as it has existed in American society. Part III sets out various examples of racial discrimination to illuminate how the problem can play out, from wrongful accusations to the courtroom. These examples will be presented in an effort to explain the statistics that are often quoted, followed by a summary of some of those statistics designed to show which minorities are affected. The foundations of racial discrimination in U.S. law will then be discussed in Part IV which includes more statistics and examples showing the extent of the problem in the criminal justice system. Part V presents potential domestic solutions, including those that have already been tried and those which offer hope. Finally, the role of evolving international human rights law will be examined in Part VI, adding to the pool of potential solutions and showing that the most effective solutions may be in this realm. A look to the future concludes this piece
In Times of Medical Crisis: Inadequacy of Legal Remedies Available to Sexual Minorities (Note)
No full textThis Note examines the inadequacy of legal remedies available to sexual minorities in medical emergencies based on a discussion of four selected cases. The analysis of these cases reveals that regardless of whether in conformity or defiance of the closeted existence, the families involved in these medical emergencies suffered harmful consequences imposed by the societal covering demands. In search of a solution, this Note analogizes LGBT with other stigmatized groups, namely minorities based on race or gender. This Note proposes a comprehensive legislative act to guarantee LGBT protective status, which would help to minimize and eventually abrogate the LGBT need to “cover” in order to live their lives
Public Hearing on the Children’s Commission
No full textChildren's Commission: Supreme Court of Texas Permanent Judicial Commission for Children Youth and Families
10-0141 MINTON v. GUNN
No full text10-0141 Vernon F. Minton v. Jerry W. Gunn, et al. from Tarrant County and the Second District Court of Appeals, Fort Worth For petitioner: Mr. Thomas M. Michel, Fort Worth For respondents: Mr. David Keltner, Fort Worth A principal issue is whether the co
Ending Surprise Liens on Real Property
No full textThis Article examines two prototypical surprise liens—federal estate tax liens and mechanics’ liens—and proposes that these are indicative of a trend wherein modern lawmakers are increasingly tolerant of surprise liens. This Article then examines potential justifications for this deviation from the longstanding preference against these types of liens. First, some argue that property filing systems are economically inefficient. Second, some argue that creditors and purchasers do not actually check property filing systems. Finally, the article identifies and addresses the possibility that law makers justify surprise liens based upon the identity of the lienor
The Legal Minute February 2011
No full textAnti-Death Penalty Group Speaks at Law School, Lawlapalooza is Back, Campus News, Scholarships and Writing Competitions, The St. Mary's Law Journal, Bar Review Discounts and Money Back, Pro Bono Opportunities, School Calendar for Paws, My Internship in B