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Ethically Handling the Receipt of Possibly Privileged Information
No full textInadvertently sent e-mails that contain privileged information, material negligently included in a discovery response, or employer’s documents taken by a whistle-blower all share a common theme—the materials were not intended to be disclosed to the opposing party. This Article makes two contentions. First, all unintended disclosures should be treated under a single standard that asks whether the privilege holder exercised reasonable care in maintaining the confidentiality of the materials. Second, with respect to the receiving lawyer’s professional obligations, a lawyer who receives materials that may be privileged should be allowed to read the materials: (1) to determine whether the materials are privileged, and (2) to better argue to the court that the materials are not privileged. Reading the material should not result in a finding of improper behavior so long as the receiving lawyer: (1) notifies opposing counsel of receipt of the material, and (2) does not use the material until its status is clarified by the court
09-0794 LTTS CHARTER SCHOOL, INC. v. C2 CONSTRUCTION, INC.
No full text09-0794 LTTS Charter School Inc. v. C2 Construction Inc. from Dallas County and the Fifth District Court of Appeals, Dallas For petitioner: Thomas A. Fuller, Arlington For respondent: Brian W. Erikson, Dallas For amicus curiae State of Texas: Kristofer S
Calls for National Identity Card to Halt Illegal Immigration
No full textOne proposal to halt or slow illegal immigration is the creation of a national identity card, which is standard fare for all democratic nations in Western Europe. Proponents of this highly debated concept argue that such a card would not only stop the flow of illegal aliens into the U.S., but also prevent terrorists from entering and then operating from within America's borders. Opponents not only worry that an NIC would violate the fundamental right of privacy guaranteed by the U.S. Constitution, but cite historical abuses as well ranging from "pass laws" used to enforce slavery in the north and south prior to the war between the states, to the abuses of the Nazis towards Jews
10-0581 TAWES v. BARNES
No full text10-0581 O. Lee Tawes III v. Doris Barnes certified questions from the U.S. Court of Appeals, Fifth Circuit In this suit over royalty payments, the ultimate issue is whether Tawes, one of several interest-holders in oil and gas production under Barnes’ la
09-0326 ROCCAFORTE v. JEFFERSON COUNTY
No full text09-0326 Larry Roccaforte v. Jefferson County from Jefferson County and the Ninth District Court of Appeals, Beaumont For petitioner: Laurence Watts, Missouri City For respondent: Steven L. Wiggins, Beaumont In this suit by a deputy constable alleging wro
09-0377 HAYGOOD v. GARZA DE ESCABEDO
No full text09-0377 Aaron Glenn Haywood v. Margarita Garza de Escabedo from Angelina County and the 12th District Court of Appeals, Tyler For petitioner: Mr. Peter M. Kelly., Houston For respondent: Mr. Frank G. Cawley, Addison The issue is whether Civil Practices a
An Evening With the Supreme Court of Texas
No full textThe Appellate Sections of the State Bar of Texas and the Austin Bar Association jointly present An Evening with the Texas Supreme Court Thursday, February 18, 2010 4:00 p.m. – 6:30 p.m. Please join us for a panel discussion with a number of Texas Suprem
Is Obama Black: The Pseudo-Legal Definition of the Black Race: A Proposal for Regulatory Clarification Generated from a Historical Socio-Political Perspective
No full textBarack Obama's successful run for President of the United States exposed sociological and political issues in American society, including the question of race. Obama's mother was of White European ancestry and his father of African ancestry. Obama is considered "Black." Some would argue he could have been called "White" just as justifiably. Public discourse surrounding the election highlights the need for clarification. In this Article, we explore the past to provide a foundational perspective. In proposing a definition, we seek to include the full essence of what it means to be "Black" in present-day America, brought about by the historical sociopolitical realities that spawned its existence