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08-0705 ALLISON v. COMMISSION FOR LAWYER DISCIPLINE
No full text08-0705 Boma O. Allison v. Commission for Lawyer Discipline For appellant: Wayne H. Paris, Houston For appellee: Cynthia Hamilton, Austin The issues are (1) whether the quorum requirement was met in a grievance committee evidentiary panel and, if not, (2
CLE: 2009: Fourth Amendment Analysis: Understanding the Probable Cause and Warrant Requirements of the Fourth Amendment
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Is Arbitration Under Attack?: Exploring the Recent Judicial Skepticism of the Class Arbitration Waiver and Innovative Solutions to the Unsettled Legal Landscape
No full textCourts have become increasingly likely in recent years to find class arbitration waivers in consumer product sales unenforceable due to the lack of incentives for consumers and their attorneys to recover for “low value” claims. This Article explores the history of the unconscionability and vindication-of-statutory rights doctrines invoked by those courts. It then analyzes the progression of the class arbitration waiver in the consumer products industry, with emphasis on the third-generation “incentivizing” agreement. This “incentivizing” agreement, if viewed at the time of the purchase agreement, can be mutually beneficial to seller and consumer. Some consumers may wish to forego the option for class representation of classic “low-value” claims in turn for inexpensive and swift arbitration of more substantial claims. Further, the “third generation” class arbitration waiver cures the concerns traditionally identified by courts by providing incentives to the consumer for pursuing low value claims, in that the consumer is afforded a windfall premium if the seller/manufacture does not “pay up” on valid claims prior to arbitration
The Corporate Lawyer’s Role in a Contemporary Democracy
No full textThis essay tackles the overlap between CSR and a lawyer's ethical obligations of a democracy. First, we attempt to describe the various conceptualizations of CSR - a term that is often nebulous and that has been assigned multiple meanings by different people. After describing the various approaches to CSR, we move forward with a tripartite approach, suggesting that CSR actually entails three different responsibilities: an economic responsibility, a legal responsibility, and an ethical responsibility. We then conclude by discussing the lawyer's role in a business's corporate ethical responsibility and how that intersects with the other two responsibilities, advocating for a more robust and substantial role by the corporate attorney in steering the corporation away from unethical conduct that ultimately is not in the corporation's long-term financial interests
08-0669 KELLY v. GENERAL INTERIOR CONSTR., INC.
No full text08-0669 Dan Kelly and Laura Hofstatter v. General Interior Construction Inc. from Harris County and the 14th District Court of Appeals, Houston For petitioners: David C. Holmes, Houston For respondent: Ross A. Sears II, Houston In this jurisdictional cha
International Law Practice in Texas
No full textChair: Larry B. Pascal Vice Chair: Leland C. De La Garza AGENDA SUPREME COURT COURTROOM 201 W. 14th Street, 1st Floor AUSTIN, TEXAS I. INTRODUCTION / PRESENTATION 1. Commencement of Meeting/Opening Remarks – Chief Justice Wallace B. Jefferson (5 minutes
08-0544 IN RE SCOGGINS CONSTRUCTION CO., INC.
No full text08-0544 In re Scoggins Construction Co. Inc. from Hidalgo County and the 13th District Court of Appeals, Corpus Christi/Edinburg For relator: Craig A. Morgan, Austin For real party in interest: Lee H. Shidlofsky, Austin The principal issues are (1) wheth