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Title: Annotations Delete search filter
Elephind.com contains 2,297 items from Annotations, samples of which are listed below. All items from this newspaper title are freely available and can be searched from the search box above. You may also search the entire collection of 2,949 newspaper titles in Elephind.com.
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Page 3 [Newspaper Page] — Annotations — 1 February 1978

Page 2 — Annotations — February 1978 Jamaii Speaks Out tolerates, incompetence by inex- perienced or ineffectual trial lawyers. Everybody is not geared to be a trial lawyer. That's not a disgrace. We ought to have some method by which we can screen out those people who would like to be but are not qualified to be trial lawyers. They may be the best appellate lawyers on earth, or they may be the best corporate lawyers or the best bank lawyers or the best real estate lawyers or the best oil and gas lawyers, but the courthouse, which is the window to the entire system and what the people look at, ought to remain and ought to become, ought to strive to become just as expert as it can. The only way you are going to do it is to put some restrictions on who gets to go and try the lawsuit. Q: There's a great amount of young attorneys coming out every day. Do you think that this is going to add to the incompetence or do you think it's going to at least give the public more of a choice to dec...

Publication Title: Annotations
Source: The Portal to Texas History
Country/State of Publication: Texas, United States
Page 4 [Newspaper Page] — Annotations — 1 February 1978

February 1978 — Annotations — Pago 3 UCC vs DTPA ■* T ♦ * X * "t* - ± -T. vl ' V .. t. 4- I' A 1" * :+• Continued from page 1 approaches that question whether the seller had a culpable mental state or whether the contract attempted to state what the expectations of the parties were. The legislature, by enacting the DTPA, expressed the desire to deny sellers the ability to force consumers to waive their rights under the statute. Thus, the legislature inserted a "no waiv- er" provision in the DTPA. The provision states: "any waiver by a consumer of the provisions of this subchapter is contrary to public policy and is unenforceable and void." Thus, the remedies pro- vided to consumers by the DTPA are not subject to alteration by agreement. In enacting the UCC, on the other hand, the legislature pro- vided that all the remedies of the UCC were to be subject to the agreed exclusions and limitations of the parties. In consumer situa- tions, the general rule is now the standardized mass co...

Publication Title: Annotations
Source: The Portal to Texas History
Country/State of Publication: Texas, United States
Page 5 [Newspaper Page] — Annotations — 1 February 1978

4 — Annotations — February 1878 Jamail Interview Q: One of your favorite topics, it seems, is the selection of the jury, the voir dire, you stated . . . A: That isn't my favorite topic, that's a topic that all the judges and the law schools around the country want me to talk about, though. Women are my favorite topic. Q: You've said that there are no rules to govern the successful voir dire, and it is conditioned upon one's understanding of people and their motivations and your understanding generally of the human mind. How does one develop his own skills in this area? A: You do that by living, going through experiences and making sure you are intelligent and that when something happens to you don't forget the feeling; really being a sensitive person. A lawyer is not born full grown. The Holy Ghost does not just fall on me or you and say O.K. now you aré going to be able to understand all things and all people. A lawyer is really a sum of everything that's ever happened to him. Thin...

Publication Title: Annotations
Source: The Portal to Texas History
Country/State of Publication: Texas, United States
Page 6 [Newspaper Page] — Annotations — 1 February 1978

■« V February 1978 — Annotations — Pago 5 Continued from page 4 the use of psychology applies to yourself rather than him. You psychologically say, well I will not use these kinds of words before this man. Suppose you have a case that involves a blood trans- fusion and you have a juror who's a Christian Scientist and opposed to any of this. And the juror says he can be fair, but he has a religious conflict that tells him that this is wrong, it's sinful, what do you do with that? Well, psychologically in your mind, you are going to try to make him look at himself inwardly, not this case, because nobody wants to admit he's prejudiced. Make him look at himself inwardly to find, to say to himself, well it's no sin for me to say that I can't, I have a reserva- tion in this case. The sin would be for me to say that I don't, when I do. So psychologically you choose the right words and you work en him in that psychological way. You try to reverse the process. Q: Many students are interest- ...

Publication Title: Annotations
Source: The Portal to Texas History
Country/State of Publication: Texas, United States
Page 7 [Newspaper Page] — Annotations — 1 February 1978

Pag* 6 — Annotations — February 1978 UCC vs DTPA Continued from page 3 DTPA would leave little or no room for operation of the UCC disclaimer section to "commer- cial" transactions. Under the DTPA, consumer "means an individual, partnership, corpora- tion, or governmental entity who seeks or acquires by purchase or lease, any goods or services." As regards the sale of goods, then, virtually any transaction that could be labeled as "commer- cial" and thus be subject to the UCC disclaimer section, could also be called "consumer" and be exempt from the operation of that section. The effective end result of employing this theory would be complete repeal of the UCC disclaimer section. Although this result would be helpful to con- sumers in light of their usual inability to bargain with their sellers, it is highly possible that Texas courts would reject an interpretation that completely eliminates the UCC disclaimer section. Dissatisfaction with the above approach has led to the formula- ...

Publication Title: Annotations
Source: The Portal to Texas History
Country/State of Publication: Texas, United States
Page 8 [Newspaper Page] — Annotations — 1 February 1978

r > * > * -*• ■*&- *■ UCC vs DTPA Continued from page 6 though judicial construction lead- ing to repeal by implication should be avoided where possi- ble, if two statutes conflict, the more recent statute should con- trol. In this case, the more recent statute is the DTPA. Likewise, it is a logical proposi- tion that some repeal by implica- tion can be justified where the subsequent conflicting statute deals with the same subject as the former statute and is more specific, or narrower, in scope, thus leaving room for the old law to operate. The UCC was adopted in 1968 to deal with commercial trans- actions. Little distinction was made in the UCC between consumer and other transactions. It was a general statute governing all transactions involving the sale of goods. In 1973, the legislature passed the DTPA, which was more specific, or narrow in scope being limited to consumer trans- actions. At the time of adoption of the DTPA, the term "consumer" was limited to individual...

Publication Title: Annotations
Source: The Portal to Texas History
Country/State of Publication: Texas, United States
Page 9 [Newspaper Page] — Annotations — 1 February 1978

«i % 35 THERE UFE. AFTER A '69'AVERAGE? Securing a Job Is No Secret by Peggy L. Fortner Director of Placement "Is There Life After a '69' Average?" Or... "How to Graduate in the Lower 80 percent and Survive I" In spite of the horror stories, job- hunting can be a task of com- parable ease, depending upon the preparation and homework done prior to graduation, and regard- less of the percentile in which your grade average happens to rest. Not that the task of securing permanent employment is neces- sarily easier for the top 10-20 percent, but it can be more diffi- cult for graduates not in that narrow range. A placement program "Guide to Graduating in the Lower 80 Percent" will be presented by Dan Price and Joe Longley, both directors with the State Bar of Texas. Dan Price is a graduate of the University of Texas, with a Journalism and Advertising de- gree, and graduated in 1974 from Bates College of Law. Having worked with the Houston Legal Foundation, he is now Director of Institute...

Publication Title: Annotations
Source: The Portal to Texas History
Country/State of Publication: Texas, United States
Page 1 [Newspaper Page] — Annotations — 1 March 1978

T H 4 « [South 1303 San Jacinto St Houston. Texas 77002 Volume VI, Issue No. 7 March 1978 RICHARD RACEHORSE' HAYNES .. I would not He, steal or cheat or go beyond the rules for my client, but I'll be damned if I'll help the prosecution prove anything." See story page I

Publication Title: Annotations
Source: The Portal to Texas History
Country/State of Publication: Texas, United States
Page 2 [Newspaper Page] — Annotations — 1 March 1978

im 1303 San Jacinto St. Houston, Texas 77002 ANNOTATIONS Volume VI, Issue No. 7 March 1978 Haynes: A laughing jury does not convict by Gerald S. Bettman Staff Writer Q: It is said that you didn't get your name Racehorse from own- ing stables somewhere in Texas. How did you get your name? A: It was placed upon me by a junior high school coach. He found reasons to complain about my running of the football. Q: Were you competitive as a youth? A: Extremely. Q: Did your competitiveness as a youth carry into your law career? A: Oh, I think the spirit of competitiveness carries over. You can be competitive on the athletic field. You can be competitive in debates. You can be competitive in extracurricular activities, seek- ing responsibility in the clubs and organizations that you belong to. Q: Are you a competitive per- son? A: Yeah, I suppose I am. Q: Has the sound of a flavorable name assisted you in becoming a successful attorney? A: The sound of a flavorable name, like a nickname? Q: L...

Publication Title: Annotations
Source: The Portal to Texas History
Country/State of Publication: Texas, United States
Page 3 [Newspaper Page] — Annotations — 1 March 1978

Pag* 2 — Annotation - March 1978 Racehorse Haynes a serious criminal case. He does so with a prayer on his lips, hoping that the person whom he hires will exert the maximum effort and that that maximum effort will result in a resolution of his problem. Q: Recently you made the news by accepting a charity case of a young girl who had killed her mother. A: It was alleged that she killed her mother. Q: What are the factors that made you decide to take a case for free? A: In this particular case the psychological factor, the timing of it was appropriate from my point of view. It was at a time when my own daughter was in the hospital. I'm standing around in the surgical intensive care unit watching the doctors, the nurses and the technicians perform and I'm frustrated by my own inability to do anything about that. My own frustration and heartbreak of seeing my little girl in that condition and here we have this little girl who is at least as seriously debilitated having been convicted by...

Publication Title: Annotations
Source: The Portal to Texas History
Country/State of Publication: Texas, United States
Page 4 [Newspaper Page] — Annotations — 1 March 1978

- Page 3 1 J* "m\'~ * T - 1 It's time to lay the law down. Your body's on trial for negligence SUPER NAUTILUS Hyatt-Regency Complex Smith at Polk 651-1520 Relieve the tension of studies in our steam, suana, and whirlpool Hours 5 am - 12 pm 7 Days weekly Failure to appear will result in revocation of your right to join Super Nautilus at this Fantastic Offer. Free T-shirts to first 25 To take advantage of reduced rates Call 651-1520 mm Expires April 30,1978 —

Publication Title: Annotations
Source: The Portal to Texas History
Country/State of Publication: Texas, United States
Page 5 [Newspaper Page] — Annotations — 1 March 1978

4 — — March 1978 Racehorse Haynes Continued from page 2 that person credibility or not; it was up to them. But I know this, if that person had gone to the district attorney's office and said, "I looked through the window and saw the man who was Cullen Davis," the prosecution would have put him on. But the jury was entitled to hear it and make up their own mind as to whether or not he was a credible witness. Curiously enough, since that time, we have found another witness who verifies that he heard the motorcycle going through the ravine toward the mansion the night of the killing. That was a witness we had been unable to find at the time of the trial. Q: Federal Judge Julius Hoff- man, after citing two lawyers for contempt in the Chicago 7 trials in 1970, stated that "If crime is in fact on the increase today, it is due in large part to the fact that waiting in the wings are lawyers who are willing to go beyond professional responsibility, pro- fessional obligation and profes- siona...

Publication Title: Annotations
Source: The Portal to Texas History
Country/State of Publication: Texas, United States
Page 6 [Newspaper Page] — Annotations — 1 March 1978

March 1978 - -Pag«S I •* ► -1. a. * Comment Looking for Mr. Good Trialbar by J. Bennett Kraft Columnist Mr. Chief Justice Warren E. Burger has touched off a new controversy on an old problem — the lack of competence among litigators. The Chief Justice first made headlines when he told the English Bar that as many as half of America's trial practitioners were incompetent, a statement which drew screams of rage on this side of the Atlantic. He then repeated the substance of his remarks to the ABA's midwinter meeting in New Orleans in his "state of the judiciary" message, with much the same result. At the meeting, the Chief Justice further explained himself by saying that his 50 percent figure was the result of some judges having told him as many as 75 percent and some as many as 25 percent and his having split the difference. He recommended that a special litigation certifícate be earned before lawyers would be allowed to try cases in court, which would be a procedure similar to a sur...

Publication Title: Annotations
Source: The Portal to Texas History
Country/State of Publication: Texas, United States
Page 7 [Newspaper Page] — Annotations — 1 March 1978

Pag* 6 — Annotations — March 1978 Looking to work for a change Littlejohn takes over by Kim Battaglini Janet Littlejohn is looking forward to taking over the reigns as SBA president this June. Following in the footsteps of senior Joe Fuller won't be an easy task, she admits. But Janet's involvement and subsequent in- sight into student concerns here at STCL have more than prepared her for the job. Janet is interested in address- ing the various and sundry prob- lems that students encounter here. And she has at the same time a realistic view of what can and cannot be accomplished. That's why she didn't make any outlandish campaign promises. She's familiar with the limitations imposed by the administration. As a result she knows how to utilize vehicles of change that work. "The more pressure we can exert the more we can get done," she says. "Dean Walker is open to constructive change. It takes a concerted effort by the student body,, however, to accomplish significant change. I see my...

Publication Title: Annotations
Source: The Portal to Texas History
Country/State of Publication: Texas, United States
Page 8 [Newspaper Page] — Annotations — 1 March 1978

March 1978 — Annotations — Pago 7 -«• *■ < • -I V It V > < ABA urges code enactment The American Bar Association (ABA) March 3 urged Congress to move quickly to enact a federal criminal code bill. At House Judiciary subcom- mittee hearings, William Green- halgh, chairperson of ABA's Criminal Justice Section Commit- tee on Criminal Code Revision, voiced strong support for efforts to reform and codify the federal criminal code. "A rational and well-structured code can serve as the basis for substantial improvement in the administration of justice," Green- halgh told committee members. "It is a fundamental basis for improving the constitutional ef- ficiency of the criminal justice system and insuring the effective and fair enforcement of criminal laws," he said. Greenhalgh added that clearly formulated criminal statutes are "essential to foster public con- fidence in the administration of justice." Greenhalgh stressed the need to enact the proposed legislation this year. Notin...

Publication Title: Annotations
Source: The Portal to Texas History
Country/State of Publication: Texas, United States
Page 9 [Newspaper Page] — Annotations — 1 March 1978

• — Alumni officers selected Adair - Alumni President Lykos-Allen - Treasurer South Texas College of Law Alumni Association recently elected its officers for the 1977-78 term. Elected to serve the Alumni were William B. (Ben) Adair, president; Byron P. Davis, vice- president; Patricia R. Lykos Al- len, treasurer; and John K. Grubb, secretary. Adair, a 1971 graduate, hails from Lamesa, Texas; he attended Texas A&M University and grad- uated from the University of Texas at Austin with a B.S. degree in petroleum engineering in 1951. A partner in the law firm of Byrnes, Myers, Adair, Camp- bell & Sinex, Houston, Texas. The firm engages in the general practice of law. Adair is a member of the Texas Bar, Houston Bar, and Texas Aggie Bar Association. Also a registered professional engineer, Adair is a member of the Texas Society of Professional Engineers, and a former member of the National Society of Professional Engi- neers, Society of Petroleum Engi- neers of A.I.M.E., and Ameri...

Publication Title: Annotations
Source: The Portal to Texas History
Country/State of Publication: Texas, United States
Page 10 [Newspaper Page] — Annotations — 1 March 1978

March 1978 — Annotations — Pago 9 ■* + Y\ X * Casenote Córner-.. Due process and in rem jurisdiction Editor's note: The following Law through a combined effort of Annotations and Kay Dable, Law Journal's casenote editor. The casenote is selected on the basis of quality content and pertinent interest to the legal profession. Anyone Interested in obtaining a copy of the footnotes may contact the Annotations office. Shaffer v. Heitner by Ron Cotterill Law Journal INTRODUCTION Until Shaffer vs. Heitner [1], a non-resident defendant's interest in property within the forum state could generally be litigated upon without regard to the relationship between the defendant and the forum state or the relationship between such property and the subject matter of the plaintiffs cause of action [2]. While the Supreme Court had previously held that in order to subject a judgment in personam, the defendant must be shown to have had certain "minimum con- tacts" with the forum state [3] (burden on the ...

Publication Title: Annotations
Source: The Portal to Texas History
Country/State of Publication: Texas, United States
Page 11 [Newspaper Page] — Annotations — 1 March 1978

10 — Annotations — March 1978 Advocate's view Coat. the Texas Commission on the Status of Women in the fall of 1977, every state in the Union now has such a commission. In the last few years there has been a trend toward transforming the commissions from citizen's advisory groups to full-fledged administrative offices [2]. There ate many variations of these offices. Some have their own staffs and budgets and others are parts of larger administrative divisions. Whatever the design, they seem to share common problems and frustrations in their efforts to oversee the enforce- ment of equal opportunity stat- utes pertaining to women. LIMITATIONS OF THE WOMEN'S AGENCY The most obvious reason why the women's agencies are poor enforcement or oversight bodies is that they lack authority. Althought the rhetoric that is used when a women's agency is created usually implies a great deal of power, a careful analysis of these offices generally reveals that responsibilities are broad, but actual p...

Publication Title: Annotations
Source: The Portal to Texas History
Country/State of Publication: Texas, United States
Page 12 [Newspaper Page] — Annotations — 1 March 1978

1978 — Annotations — Pag* 11 Conjunctive careers c««.t™, information gathered through my conversations: * r to explore job opportunities out- side of private practice. There la psychological and peer pressure on law school graduates to practice law (in the "tradi- tional" sense) at all costs, and a sort of "copping out" attitude toward those who do otherwise. Regardless of the personal sense of satisfaction or remuneration these other jobs may hold, there is the tendency to classify them only as second best (alternatives), or areas to explore as somewhat of a last resort, RATHER than as goals. In light of the names mentioned earlier, and countless others like them, can we, in fact, list positions which have been filled by attorneys for many years as "non-traditional"? What we must do, as Richard Bolles in What Color Is Your Parachnte?[l] suggests, is to help students from their first semester y in law school develop and define career opportunities, not in the narrow tradition of the...

Publication Title: Annotations
Source: The Portal to Texas History
Country/State of Publication: Texas, United States
Page 13 [Newspaper Page] — Annotations — 1 March 1978

Women in Law Symposium Saturday, April 1 is the date set for the Women in Law annual Symposium. Linda Cawley, part- ner in Cawley, Schmidt & Shar- row, a Baltimore firm and mem- ber of the American Legal Clinic Association, is flying in to partici- pate in the day's events. From the West Coast, Stephen Meyers, of Jacoby & Meyers will be flying to Houston from Los Angeles. The morning session (9-12) will feature an academic discussion on advertising, followed by an ad- vertising workshop. The after- noon session will deal with low cost legal services, with a work- shop on practical aspects of implementing low cost legal ser- vices into practice. A recent survey by The Nation- al Resource Center for Con- sumers of Legal Services shows that there has been a rush of interest in clinics this year and that new ones are opening almost monthly. Even more significantly, only one legal clinic closing has been reported since mid-1976. ADVERTISING AND LOW COST LEGAL SERVICES April 1,197...

Publication Title: Annotations
Source: The Portal to Texas History
Country/State of Publication: Texas, United States
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