Archive for ‘Essays’
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DNA – Intimate Information or Trash for Public Consumption?
Thursday, July 24th, 2008
This essay discusses the increasingly popular police practice of covertly collecting DNA samples from people who inadvertently leave saliva, hair or other biological matter in public places. This practice was recently highlighted in the New York Times. The essay contends that although the United States Supreme Court has yet to decide whether the practice is constitutional, well-established Fourth Amendment principles of “abandonment” supply the necessary framework to permit the practice and simultaneously protect citizen privacy.
References: Constitutional Law, Criminal Law, Essays, Privacy Law
Planes, Trains, and Inefficiencies: An Analysis of the Proposed Delta-Northwest Airlines Merger and Its Effects on Consumers
Friday, May 16th, 2008
Recently, officials at Delta Airlines announced a proposed merger between Delta Airlines and Northwest Airlines. The cumulative effect of the proposed merger would create the largest airline in the world. Delta’s pilot union declared that “[t]he merged Delta will be a more stable, financially durable and investable airline that will provide benefit to Delta and Northwest employees, the communities we serve and, importantly, the traveling public.” Many, however, are not so optimistic. This article will briefly discuss: (1) airline deregulation and current market conditions in the airline industry; (2) possible antitrust ramifications; and (3) rights consumers have when “flying the friendly skies.”
References: Antitrust Law, Aviation Law, Consumer Protection Law, Essays
The Litigation Privilege
Sunday, April 6th, 2008
A litigator, like any other professional, sometimes finds him/herself as a defendant in a lawsuit. But sometimes, the person bringing the suit is not an unhappy former client alleging malpractice, but an unhappy former opponent alleging wrongful conduct in prior litigation. Generally, the former opponent believes that the lawyer filed a frivolous case, frivolous motions, or otherwise engaged in wrongful litigation conduct.
References: Essays, Professional Malpractice Law
In re Calla Davis: Texas Supreme Court to Interpret Alcoholic Beverage Election Laws
Tuesday, March 11th, 2008
Justice Craig T. Enoch
Arthur J. Andersen
Alex S. Valdes
I. Introduction
With the repeal of Prohibition, the right of Texas citizens to vote on the sale of alcoholic beverages has been found in the Texas Constitution. But how our citizens vote is, as often is the case under our constitution, left to the Texas Legislature. And that is [...]
References: Constitutional Law, Election Law, Essays