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1 Mar 2014, 9:08 am
When the law passed at the Texas Legislature, prosecutors predicted no one would ever be charged under it because the statute is too vague and contains many, often confusing caveats and exceptions that no one - either in the public or among law enforcement - really understands.Arguably, DIY drones aren't engaging in "surveillance" but "sousveillance," or the recording of an activity by a participant in that activity. [read post]
1 Mar 2014, 8:07 am
By contrast, at least six states–Florida, Mississippi, Oregon, Tennessee, Texas, and Virginia–expressly provide for the exemption of HSAs. [read post]
28 Feb 2014, 3:43 pm
Texas: a cellphone is not like a pair of pants or shoes First, the Texas Court of Criminal Appeals ruled in State v. [read post]
27 Feb 2014, 7:16 am
Texas, Florida, and New Mexico are also states to watch: Texas amended its data-breach law; just last week, Florida AG Pam Bondi announced her priority to work with the state legislature to enhance Florida’s data breach laws; and also last week, the New Mexico House unanimously passed a breach notice bill that would, like Vermont, require businesses to notify the AG within 14 days of discovering a breach. [read post]
27 Feb 2014, 4:05 am
Granting a preliminary injunction, the court said:[T]oday's Court decision is not made in defiance of the great people of Texas or the Texas Legislature, but in compliance with the United States Constitution and Supreme Court precedent. [read post]
26 Feb 2014, 7:16 am
One hopes this new round of attention will spur the state to move forward with the study so the Legislature can more substantively address the question in 2015. [read post]
25 Feb 2014, 4:00 am
In 1879, the legislature changed the purpose of the school, now Prairie View A&M University, to general education. [read post]
19 Feb 2014, 4:54 am
David Dewhurst included an evaluation of this and other electronic privacy questions in the interim charge for the Senate State Affairs Committee, so one can expect the matter to be revisited when the Texas Legislature reconvenes in 2015. [read post]
18 Feb 2014, 7:26 am
New State and Local Laws Meanwhile, a number of state and local legislatures have passed their own laws to protect pregnant employees. [read post]
17 Feb 2014, 9:01 pm
The first exception was typically applied only to marriages that were bigamous or closely incestuous; the second was applied most commonly to evasive marriages—ones where a couple leaves their home state to evade its marriage laws and then returns expecting recognition of their marriage—if the state legislature had adopted an anti-evasion law. [read post]
14 Feb 2014, 10:01 am
We are told we have enjoyed some of our trips to the state.) [read post]
1 Feb 2014, 10:01 pm
This brings us to the state legislatures. [read post]
30 Jan 2014, 9:01 pm
With regard to the first factor, Judge Reinhardt correctly concludes that Justice Kennedy’s opinion in Windsor examines the actual purpose of DOMA in considerable detail, and that an emphasis on the legislature’s actual purpose strongly suggests that some form of heightened scrutiny is being applied. [read post]
29 Jan 2014, 2:41 pm
Indeed, American law generally doesn’t call for civil juries in injunction cases, restitution cases, family law cases (except in Texas), admiralty cases, and more. [read post]
29 Jan 2014, 8:00 am
I personally know lawyers in Texas, California and other states who refuse medical malpractice cases altogether. [read post]
28 Jan 2014, 4:00 am
In 1923, the legislature created a state parks board, and Mother Neff State Park became the first official state park in Texas. [read post]
25 Jan 2014, 12:48 pm
In most cases the grant of a continuance requested by such attorney-legislator is mandatory if the legislature is in session.TRIAL COURTS EXERCISE DISCRETIONAs a general rule, the grant or denial of a motion for continuance is a matter on which the trial court exercises its discretion. [read post]
24 Jan 2014, 11:23 pm
The state’s interest in protecting fetal life, the hospital argued, does not cease upon the death of the pregnant woman. [read post]
24 Jan 2014, 2:11 pm
It is available for charges based upon Texas state law. [read post]
22 Jan 2014, 12:46 pm
If the San Antonio location uses anywhere near that much, it's not an insignificant thing given that city's chronic water shortage:Since Barack Obama will still be president when the Texas Legislature meets again, I could see this gathering significant attention and momentum among the Tea Party crowd, though it would be virtually impossible to pass: The fact that House Speaker Joe Straus hails from San Antonio probably means it could never get a floor vote in that chamber, while… [read post]
