Fifth Circuit
A Postscript on Precedent in the Divided Fifth Circuit
... A Postscript on Precedent in the Divided Fifth Circuit SMU Law Review Volume 36 | Issue 2 Article 3 1982 A Postscript on Precedent in the Divided Fifth Circuit Thomas E Baker Follow this and additiona[.] ...
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Developing a Precise Definition: The Fifth Circuit Addresses the Scope of the "In Connection With" Requirement Under SLUSA
... the Fifth Circuit’s standard in interpreting the coincide language of SLUSA, rather than for the Court’s application of that standard to the facts in ...the Fifth Circuit in the proper application of ...
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Fifth Circuit Holds That Portions of Settlements Payable to Taxpayer's Attorney Pursuant to a Contingent Fee Agreement under Texas Law Do Not Constitute Gross Income to the Taxpayer Srivastava v Commissioner, 220 F 3d 353 (5th Cir 2000)
... Fifth Circuit Holds That Portions of Settlements Payable to Taxpayer's Attorney Pursuant to a Contingent Fee Agreement under Texas Law Do Not Constitute Gross Income to the Taxpayer Srivastava v Commi[.] ...
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Employment Discrimination Age Discrimination The Fifth Circuit Holds a Plaintiff May Utilize the Mixed Motives Method of Analysis in Age Discrimination Cases, Absent any Direct Evidence of Discrimination Rachid v Jack in the Box, Inc
... Employment Discrimination Age Discrimination The Fifth Circuit Holds a Plaintiff May Utilize the Mixed Motives Method of Analysis in Age Discrimination Cases, Absent any Direct Evidence of Discriminat[.] ...
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First Amendment Speech Right of Government Employees: Trends and Problems in Supreme Court and Fifth Circuit Decisions
... First Amendment Speech Right of Government Employees Trends and Problems in Supreme Court and Fifth Circuit Decisions SMU Law Review Volume 45 | Issue 2 Article 3 1991 First Amendment Speech Right of[.] ...
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First Amendment Elements of Retaliation: The Fifth Circuit Rules That Independent Contractors Do Not Need a Pre Existing Commercial Relationship with a Government Entity in Order to Bring a Claim of Retaliation
... First Amendment Elements of Retaliation The Fifth Circuit Rules That Independent Contractors Do Not Need a Pre Existing Commercial Relationship with a Government Entity in Order to Bring a Claim of Re[.] ...
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Products Liability in Texas Fifth Circuit Imposes Higher Duty of Care on Manufacturers of Automobiles
... Products Liability in Texas Fifth Circuit Imposes Higher Duty of Care on Manufacturers of Automobiles SMU Law Review Volume 18 | Issue 1 Article 8 1964 Products Liability in Texas Fifth Circuit Impose[.] ...
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Qualified Immunity and Privacy The Fifth Circuit Finds that Students Have no Clearly Established Right to Confidentiality in their Sexual Orientation
... matters of privacy and self-expression. A school official reviewing these cases could reasonably believe that a school policy necessary to preserve the school’s educational mission would not be struck down so long as it ...
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Kimel and Beyond: Fifth Circuit Tackles Sovereign Immunity and the Family and Medical Leave Act in Kazimer v Widmann
... Kimel and Beyond Fifth Circuit Tackles Sovereign Immunity and the Family and Medical Leave Act in Kazimer v Widmann SMU Law Review Volume 54 | Issue 1 Article 22 2001 Kimel and Beyond Fifth Circuit Ta[.] ...
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The Inherent Power and Due Process Models in Conflict: Sanctions in the Fifth Circuit
... The Inherent Power and Due Process Models in Conflict Sanctions in the Fifth Circuit SMU Law Review Volume 42 | Issue 4 Article 2 1988 The Inherent Power and Due Process Models in Conflict Sanctions i[.] ...
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Antitrust Developments in the Fifth Circuit October 1974 Term
... Antitrust Developments in the Fifth Circuit October 1974 Term SMU Law Review Volume 29 | Issue 4 Article 1 1975 Antitrust Developments in the Fifth Circuit October 1974 Term Harry M Reasoner John L Ca[.] ...
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School Law The Fifth Circuit Prolongs Educational Inequalities in United States v Texas
... School Law The Fifth Circuit Prolongs Educational Inequalities in United States v Texas SMU Law Review Volume 64 | Issue 2 Article 12 2011 School Law The Fifth Circuit Prolongs Educational Inequalitie[.] ...
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Due Process Fifth Circuit Incorrectly Holds School Lacks Deshaney Special Relationship with Students
... Due Process Fifth Circuit Incorrectly Holds School Lacks Deshaney Special Relationship with Students SMU Law Review Volume 66 | Issue 2 Article 7 2013 Due Process Fifth Circuit Incorrectly Holds Schoo[.] ...
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Precedent Times Three: Stare Decisis in the Divided Fifth Circuit
... Precedent Times Three Stare Decisis in the Divided Fifth Circuit SMU Law Review Volume 35 | Issue 3 Article 1 1981 Precedent Times Three Stare Decisis in the Divided Fifth Circuit Thomas E Baker Follo[.] ...
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Fifth Circuit Cases Concerning Search and Seizure upon the High Seas: The Need for a Limiting Doctrine
... Apart from the question of whether Congress could grant or has granted the Coast Guard authority to board foreign vessels upon the high seas or American vessels [r] ...
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Hague Evidence Convention: A Practical Guide to the Convention, United States Case Law, Convention - Sponsored Review Commissions (1978 and 1985), and Responses of Other Signatory Nations: with Digest of Cases and Bibliography
... In reaching these conclusions, the Fifth Circuit rejected the argu- ment that the Hague Convention procedures constitute the exclusive means for obtaining evidence a[r] ...
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Recent Trends
... Prior to Russell, the Fifth Circuit in Bueno,1 7 arguably used judicial policy as a basis for entrapment at law 8 in defining its "conduit rule": that entrapment is established as a matt[r] ...
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RICO Criminal Forfeiture of Proceeds of Racketeering Activity Under RICO
... The full Fifth Circuit, by a vote of 16-7, affirmed the forfeiture judgment entered by the district court.3 9 In reasoning similar to that later employed by the Supreme Court, the en ban[r] ...
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Constitutional Cheap Shots: Targeting Undocumented Residents with the Second Amendment
... the Fifth Circuit Court of Appeals ruled that undocumented residents lack Second Amendment rights under the ...the Fifth Circuit’s ruling broke new ground in the circuit courts based on how it ...
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Department of Social Services ex rel. P.B. v. Reed
... the Fifth Circuit Court of Appeal reversed and remanded the ...the Fifth Circuit were actually introduced into evidence at the ...the Fifth Circuit how the trial judge came upon ...
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