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Quarterly Newsletter for St. Mary's University CTL Fall 2009
No full textTerrorism Law, Chemical Facility Anti-Terrorism Standards, Efficacy of the Obama Policies to Combat Al-Quada Taliban and Associated Forces - The First Six Months, Special Security Report: The Militant Threat to Hotels, Mexico and Latin America: The "Ach
Unreasonable: Involuntary Medications, Incompetent Criminal Defendants, and the Fourth Amendment
No full textThis Article contends that when the government seeks to administer involuntary antipsychotic medications to an incompetent criminal defendant, the Due Process Clause analysis—which asks whether involuntary medical treatment is medically appropriate, not whether it is reasonable—inadequately protects the defendant’s interest in being free from physical harms that are not justified by the government’s interest in rendering him competent to stand trial. Courts routinely decide that administering involuntary antipsychotic medications to incompetent criminal defendants is medically appropriate, but arguably the question that courts should be deciding is whether administering involuntary antipsychotic medications is reasonable—that is, whether the government’s interest in bringing the defendant to trial is important enough to justify the harms of involuntary antipsychotic medications
New Legal Rights in the Legal System of the United States of America
No full textWhat new rights does the American legal system offer at/he start of the 21st century? This article takes a snapshot of some of the most controversial topics in American society today and the juridical response to these topics by individual slates, the United States Congress, and the United States Supreme Court. Although there are numerous legal topics that deserve mention and analysis, this article is limited to the discussion of 7 new rights created by state and federal laws. The new legal rights in the United States legal system discussed in this article include the following: 1) The right to the protection of the environment; 2) The right to privacy in relation to unsolicited telemarketing telephone calls; 3) The right to sexual offender residential information; 4) The right to the protection of victims of human trafficking; 5) The right to marriage or to civil unions between same-sex couples; 6) The right to euthanasia or death with dignity; and 7) The right to determine what medical treatment to receive and the right to organ donation. The article also discusses the most far-reaching decisions handed down by the United States Supreme Court in 2008
Protecting Intellectual Property in China: A Selective Bibliography and Resource for Research
No full textThis bibliography is intended to help American law students, attorneys, legal scholars, and law librarians to conduct research on Chinese intellectual property law, a topic of increasing importance, both theoretically and practically. The bibliography gathers together books, book chapters, and law review articles to facilitate research in this subject area. Selected web sites are included to aid easy access to the Chinese IP laws, regulations, cases, and other relevant information
The Boundary-Line Function of the Economic Loss Rule
No full textTort scholars and jurists have recently focused on what is often called "the economic loss rule" in an effort to resolve its uncertainties. According to some authorities, the rule holds that tort law offers no redress for negligence that causes only economic losses unaccompanied by personal injuries or property damages. However, whether a rule so expansive is part of American tort law is still open to doubt. There are many variations of the rule, and courts often discuss its dictates only in relationship to products liability or contractual performance. As one scholar remarked, the law of tort liability for purely economic losses is "much less well settled and less uniform than one might wish it to be.
08-0551 THE STATE OF TEXAS v. BROWNLOW
No full text08-0551 State of Texas v. Charles Lynn Brownlow and Marlene H. Brownlow from Brazoria County and the 14th District Court of Appeals, Houston For petitioner: Lisa Marie McClain, Austin For respondents: Bud Arnot, Houston The issue is whether the Departmen
08-0074 BENNETT v. REYNOLDS
No full text08-0074 Thomas O. Bennett Jr. and James B. Bonham Corp. v. Randy Reynolds from San Saba County and the Third District Court of Appeals, Austin For petitioners: Susan S. Vance, Austin For respondent: David Keltner, Fort Worth The principal issues in this
08-0613 NAFTA TRADERS, INC. v. QUINN
No full text08-0613 Nafta Traders Inc. v. Margaret A. Quinn from Dallas County and the Fifth District Court of Appeals, Dallas For petitioner: Alan L. Busch, Dallas For respondent: Janette Johnson, Dallas The principal issues are (1) whether the Federal Arbitration