Current Issue

Spring 2020

Articles

What in the Products Manufacturing Liability is Happening?

What in the Products Manufacturing Liability is Happening?

By: Bria C. Riley

Attorneys have always been weary of expert witnesses testifying outside of the scope of their Rule 26 report for fear that the testimony would be stricken by a court because of unfair notice to other parties. A Rule 26 report defines the parameters for which expert witnesses will provide their opinions at trial. If an expert witness’ testimony exceeds the parameters of his or her Rule 26 report, the aforementioned consequence could occur and be detrimental to a party’s case. However, this article examines how the 11th Circuit tested the limitations of an expert witness’ Rule 26 report, expanded the topics upon which an expert witness can testify, and through caution to the wind regarding fair notice considerations. This article also examines the cautionary tale of attorneys asking for alternative relief that would actually be injurious to their case-in-chief as opposed to awaiting a court’s ruling on an unfavorable trial event. Finally, this article examines and reiterates the importance of the preservation of trial issues for appeal.

This article may be cited as:

Bria C. Riley, What in the Products Manufacturing Liability is Happening?, UNT DALL. L. REV. ON THE CUSP, Spring 2020, at 1, [insert cited pg. no.].

Amendments to Texas Civil Practice & Remedies Code Section 18.001

Amendments to Texas Civil Practice & Remedies Code Section 18.001

By: Sarah S. Schuller

The Texas legislature has enacted new amendments to Section 18.001 of the Texas Civil Practice & Remedies Code which provide clarity to several key issues faced by defendants litigating personal injury matters—including affidavits, applicable deadlines, and required procedure. However, the recent statutory changes fail to guide as to the qualifications required to execute an affidavit under Section 18.001, as well as, the qualifications required to provide a counteraffidavit under the same provision. Therefore, litigants must look to precedential court opinions for guidance in assessing whether an individual is qualified under Section 18.001.

This article may be cited as:

Sarah S. Schuller, Amendments to Texas Civil Practice & Remedies Code Section 18.001, UNT DALL. L. REV. ON THE CUSP, Spring 2020, at 1, [insert cited pg. no.].

Notes

Modernizing NAFTA: The USMCA and its Key Provisions

Modernizing NAFTA: The USMCA and its Key Provisions

By: Taylor Hennington

In October 2018, the United States, Mexico, and Canada renegotiated the North American Free Trade Agreement (NAFTA) to what we now know as the United States-Mexico-Canada Trade Agreement (USMCA). This article addresses the key differences between NAFTA and the USMCA.

This note may be cited as:

Taylor Hennington, Note, Modernizing NAFTA: The USMCA and its Key Provisions, UNT DALL. L. REV. ON THE CUSP, Spring 2020, at 1, [insert cited pg. no.].

Technology, Causation, And The First Amendment: The Need For Updated Legislation

Technology, Causation, And The First Amendment: The Need For Updated Legislation

By: Allie Van Stean

Our laws work slowly for a number of good reasons. However, when it comes to the fast-moving world of technological development, legislators must begin to look ahead at the role technology will play in criminal law while still protecting the First Amendment. Currently, the intersection between technology, the First Amendment, and the criminal law element of “causation” is cloudy at best. It is vital to decide how to shape laws that properly address the advent of a digital age without infringing on important rights. Most statutory criminal laws drafters did not contemplate modern technology, and the First Amendment restricts criminalizing most speech and/or expression—which presents a complicated conflict between them. This note will examine three distinct, yet intertwined parts, that should go into the complex analysis of the way technology interacts with causation within the confines of the First Amendment.

This note may be cited as:

Allie Van Stean, Note, Technology, Causation, And The First Amendment: The Need For Updated Legislation, UNT DALL. L. REV. ON THE CUSP, Spring 2020, at 1, [insert cited pg. no.].

Challenging Arbitration Awards for Procedural Unfairness

Challenging Arbitration Awards for Procedural Unfairness

By: Hunter Veirs

This Note explores judicial review of labor-related arbitration. Inspired by NFL-player Ezekiel Elliot's 2017 challenge to a multiple-game suspension, this article discusses his arbitration and subsequent court proceedings, the concept of fundamental fairness in arbitration, the relationship between the Federal Arbitration Act and the Labor Management Relations Act, and when a court may properly vacate an arbitrator’s award.

This note may be cited as:

Hunter Veirs, Note, Challenging Arbitration Awards for Procedural Unfairness, UNT DALL. L. REV. ON THE CUSP, Spring 2020, at 1, [insert cited pg. no.].

 

Fall 2019

Know Your Rights

Cyrus Farivar, Habeas Data: Privacy vs. the Rise of Surveillance Tech

By: Brian L. Owsley

This book review addresses the critical questions and debates surrounding the Fourth Amendment, privacy, and electronic surveillance that American society faces today. 

This book review may be cited as:

Brian L. Owsley, Know Your Rights, UNT DALL. L. REV. ON THE CUSP, Fall 2019, at 1, [insert cited pg. no.] (reviewing Cyrus Farivar, Habeas Data: Privacy vs. the Rise of Surveillance Tech (2018)).

Recent Texas Citizens Participation Act Amendments

Recent Texas Citizens Participation Act Amendments

By: Meghan Nylin McCaig and Nicole Williams

This article addresses how in June 2019, the Texas Legislature amended Texas’s anti-SLAPP law—the Texas Citizens Participation Act (the “TCPA”). This article discusses the changes to the TCPA, how those changes would have impacted the outcomes of a number of Texas cases interpreting the pre-amendment TCPA, and the applicability of the amendments to cases pending on the date the amendments take effect. 

This article may be cited as:

Meghan Nylin McCaig and Nicole Williams, Recent Texas Citizens Participation Act Amendments, UNT DALL. L. REV. ON THE CUSP, Fall 2019, at 1, [insert cited pg. no.].

Paid Sick Leave

Paid Sick Leave

By: Jason S. Boulette

Mandatory paid sick leave has come to Texas by way of municipal ordinances passed by Austin, San Antonio, and Dallas. There’s just one catch: they may all be unconstitutional. Indeed, the Third Court of Appeals has held the Austin ordinance is unconstitutional and stayed enforcement of same, the San Antonio ordinance has been temporarily stayed by agreement, and the State of Texas and others are actively seeking a preliminary injunction against the Dallas ordinance in federal court. Meanwhile, the Texas Supreme Court has requested full briefing in the Austin litigation as it decides whether to grant the City of Austin’s petition for review, which the State of Texas has very notably urged the Court to grant. This article provides a detailed look at the litigation surrounding the ordinances and the decisive question of whether the ordinances establish or govern wages in contravention of the express preemption provisions of the Texas Minimum Wage Act. If they do, they are unconstitutional under the Texas Constitution, which forbids any municipal ordinance from containing any provision inconsistent with the general laws passed by the State Legislature.

This article may be cited as:

Jason S. Boulette, Paid Sick Leave, UNT DALL. L. REV. ON THE CUSP, Fall 2019, at 1, [insert cited pg. no.].

The Often-Overlooked Appeal: Restricted Appeals in Texas

The Often-Overlooked Appeal: Restricted Appeals in Texas

By: Daniel J. Olds

In Texas, restricted appeals are an often-overlooked way to appeal judgments when more than 30 days have passed since the trial court signed the judgment. This article examines the circumstances in which restricted appeals can be brought, and addresses some common issues that arise in bringing restricted appeals.

This article may be cited as:

Daniel J. Olds, The Often-Overlooked Appeal: Restricted Appeals in Texas, UNT DALL. L. REV. ON THE CUSP, Fall 2019, at 1, [insert cited pg. no.].

 

The information and opinions published by On The Cusp are offered for educational purposes only and should not be construed as legal advice.