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09-0558 MARSH USA INC. v. COOK
No full text09-0558 Marsh USA Inc. and Marsh and McLennan Cos Inc. v. Rex Cook from Dallas County and the Fifth District Court of Appeals, Dallas For petitioners: Ms. Beverly A. Whitley, Dallas For respondent: Ms. Monica W. Latin, Dallas The issue is whether a non-c
09-0306 LESLEY v. VETERANS LAND BOARD OF THE STATE OF TEXAS (VLB)
No full text09-0306 Betty Yvon Lesley, et al. v. Texas Veterans Land Board, et al. from Erath County and the 11th District Court of Appeals, Eastland For petitioners: Chris Aycock and Charles Tighe, Midland For respondent: Bluegreen Southwest One, Laura H. Burney, S
08-0941 THE TRAVELERS INS. CO. v. JOACHIM
No full text08-0941 The Travelers Insurance Co. v. Barry Joachim from Lubbock County and the Seventh District Court of Appeals, Amarillo For petitioner: Christopher B. Slayton, Lubbock For respondent: Stace Williams, Lubbock The issue is whether, after a nonsuit, th
Texas, Why Wait - The Urgent Need to Improve Programming for Limited English Proficient Students
No full textBoth Texas and the nation seek to provide all students with an equal opportunity to education. What "equality" looks like in practice, however, can differ not only state to state, but from district to district
and even from school to school. This Article will discuss the legal bases that govern Texas's delivery of education to LEP students and examine whether the state is meeting its obligation. This article attempts to explain the system that Texas has adopted, how the Texas Education Agency has implemented it, and whether there is a need for improvement
American Punitive Damages vs. Compensatory Damages in Promoting Enforcement in Democratic Nations of Civil Judgments to Deter State-Sponsors of Terrorism
No full textUnfortunately, while the United States has established several legal avenues for civil litigation by private citizens of terror attacks against States that sponsor terrorism, a major stumbling block in terms of effectiveness rests in the reality that fellow democratic nations in the international community refuse to honor or domesticate the monetary judgments of American courts. Acknowledging that there are a plethora of political and legal obstacles associated with establishing a workable mechanism for fellow democracies to enforce the "terror" judgments of American courts, one reason that is often raised by critics is the strong objection to the matter of American punitive monetary awards, a concept that is rejected by most of the world's democratic legal systems. The answer to the aversion towards punitive damages can be remedied by substituting the more widespread acceptance of compensatory damages. Accordingly, any future effort to establish a legal framework to energize democracies to enforce American judgments should be predicated solely on compensation. Hopefully, as more nations come to understand the American concept of just compensation, the establishment of a viable international agreement will occur
CLE: 2010: International Ethical Issues in Times of Conflict: Just War - Afganistan Iraq and North Korea
No full text09-0446 STOCKTON v. HOWARD A. OFFENBACH, M.D.
No full text09-0446 Debbie Stockton v. Howard A. Offenbach, M.D. from Dallas County and the Fifth District Court of Appeals, Dallas For petitioner: Robert J. Talaska, Houston For respondent: Michael Alan Yanof, Dallas For amicus curiae Texas Trial Lawyers Associatio
09-0236 THE STATE OF TEXAS v. K.E.W.
No full text09-0236 State of Texas v. K.E.W. from Galveston County and the First District Court of Appeals, Houston For petitioner: Donald S. Glywasky, Galveston For respondent: Thomas W. McQuage, Galveston The principal issue in this challenge to an involuntary com