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Volume 28, Number 1 ARTICLES Extraneous Offense Evidence Under Texas Rules of Criminal Evidence 403 and 404(b) In the Matter of Marriage of Ames and the Enforceability of Alternative Dispute Resolution Agreements: A Case for Reform Demand Futility in Shareholder-Derivative Litigation Under Texas Law CASENOTES Membership Has its Privileges: Court Sets Forth the Liability of Individual Members of Unincorporated Associations for Torts Against Third Parties: Juhl v. Airington, 39 Tex. Sup. Ct. J. 830 (June 28., 1996). Keep Him on a Short Leash: Innocence of Owner Not a Constitutional Defense to Forfeiture of Property Allegedly Connected to Illegal Conduct: Bennis v. Michigan, 116 S.Ct. 994 (1996). Class Backwards: Does the Fairness, Adequacy and Reasonableness of a Negotiated Class Action Settlement Really Have Any Effect on Approval? General Motors Corp. v. Bloyed, 916 S.W.2d 949 (Tex. 1996). A Police Officer's Legal, Consensual, Off-Duty Sexual Relationship is Not Protected by the Right of Privacy Under Either the Federal or Texas Constitutions: City of Sherman v. Henry, 928 S.W.2d 464 (Tex. 1996). Volume 28, Number 2 FIFTH CIRCUIT SURVEY Foreword SURVEYS Administrative Law Admiralty Law Antitrust Law Banking Law Bankruptcy Law Civil Procedure Criminal Law Criminal Procedure Employee Benefits Environmental Law Evidence Federal Taxation Intellectual Property Labor and Employment Law Volume 28, Number 3 ARTICLES "The Republic of Texas is No More": An Answer to the Claim that Texas Was Unconstitutionally Annexed to the United States The Year 2000 Headache: "Two Thousand Zero-Zero. Party's Over. Oops, Out of Time." Professional Image and Lawyer Advertising COMMENTS Move Over Marcus Welby, M.D. and Make Way for Managed Care: The Implications of Capitation, Gag Clauses, and Economic Credentialing The Alcoholic and the Americans With Disabilities Act of 1990: "Booze Made Me Do It" Argument Finds Little Recognition in Employment Discrimination Actions CASENOTES 'Equal Justice Under the Law,' (If You Can Afford It): Fifth Circuit Threatens Texas' IOLTA Program: Washington Legal Foundation v. Texas Equal Access to Justice Foundation, 94 F.3d 996 (5th Cir. 1996). Up in Smoke: The Texas Controlled Substances Tax Violates Double Jeopardy When Imposed in Proceedings Other Than Ones in Which Criminal Punishments for the Same Offense are Imposed: Stennett v. State, No. 1013-95, slip op. (Tex. Crim. App. Oct. 16, 1996) (en banc) A Sentence for Acquittal: The Supreme Court Holds That Sentences May be Enhanced for "Conduct" for Which Persons Have Been Tried and Acquitted: United States v. Watts, 117 S.Ct. 633 (1997). Volume 28, Number 4 ARTICLES Assessing LLCs v. LLPs Remedies of the Infringer: The Use by the Infringer of Implied and Common Law Federal Rights, State Law Claims, and Contract to shift Liability for Infringment of Patents, Copyrights, and Trademarks Consideration of Illegal Votes in Legislative Election Contests Can the Submission of a Premises Liability Case Be Simplified? COMMENTS Spanning the Spectrum: Proposed Amendments to Federal Rule of Evidence 407 The North American Agreement on Environmental Cooperation: The Effect of the North American Free Trade Agreement on the Enforcement of United States Environmental Laws. Contortions Over Contorts: A Distinct Damages Requirement? CASENOTES Better Late Than Never: Texas Landlords Owe a Duty to Mitigage Damages When a Tenant Abandons Leased Property: Austin Hill Country Realty, Inc. v. Palisades Plaza, Inc., 40 Tex. Sup. Ct. J. 228 (Jan. 10, 1997). |