In light of the recent events at Penn State, educational institutions across the state are reviewing their reporting procedures. Southern Methodist University’s initiative perhaps characterizes the sentiment best – ‘See something, say something.’ The campaign expects students and faculty to report all crimes, including crimes against children.

Under the Texas Family Code, “failure to report suspected child abuse or neglect is a misdemeanor punishable by imprisonment of up to 180 days and/or a fine of up to $2,000.”

For more information about your obligations under this law, please visit the Attorney General’s website.

Here is how it works in Texas – if your claim is a total of $100,000 and the other driver has insurance for a total of $60,000, then your insurance company will be responsible for the outstanding $40,000 provided that you meet all the requirements to receive the payment under your specific plan.

Insurance matters, however, can sometimes be extremely complicated and if your particular situation seems to be so then it is best to consult an attorney before proceeding with any claims.

1. Stay calm 

This is the most difficult one but it is also the most important. Staying calm will allow you to reflect on the accident and figure out what happened. It will also enable you to effectively gather information from the other driver.

Additionally, if you get out of the car yelling and screaming at the other driver – you are giving up the opportunity to figure out the best strategy to remedy the situation. Being cool can also help you talk to bystanders who may be willing to give a statement if you approach them politely rather than scaring them off.

The same goes for if the other driver is yelling or even threatening you, just stay calm and try to remove yourself from the situation because getting involved could lead to other unanticipated charges like assault, battery, disorderly conduct and others that you simply do not want to worry about.

2. Avoid extensive discussions about the accident with the other driver

While it is important to get basic contact information from the other driver, be careful not to discuss details of the accident as you could be compromising your position in the future if a lawsuit should arise. For example, you don’t want to create confusion by  having a conversation with the other driver that leads him or her to believe you are admitting fault or offering to pay for medical expenses – best to keep it short and sweet.

Once the police arrive, talk to them directly about what happened.

3. Talk to an attorney 

If after the accident, you are unsure of whether you have a claim against the other driver, the best thing to do is contact a personal injury attorney to discuss the specifics of the situation. The consultation is free and it will help you determine the strength of your case or if you even have one.

Similarly, if the other driver if threatening you with a lawsuit, you should contact an attorney immediately to assess the merits of your opponent’s case.

Lastly, you may want to contact an attorney to discuss any potential insurance issues or if you think there is a chance your insurance company will deny your claim. Insurance companies will go to great lengths to get out of paying a claim. An attorney can help advise you of your options and make sure the insurance company is not unfairly denying any rightful claims simply on account of a technicality.

However, there may be one group of applicants who should heed this warning more than others – prospective law students. According to a Kaplan Test Prep survey, law school admission officers are more likely to research their applicants than business schools and undergraduate institutions. While 20% of college admissions officers, and 27% of business school officers looked up students on the internet – a whopping 41% of law school admissions officers researched prospective students.

Well, maybe the admissions officers understand that one inappropriate status update or a compromising picture can happen to the best of us, right? Think again, 32% of the time, admissions officers found information that negatively impacted the prospective student’s chances of getting in.

There is no law prohibiting researching an applicant online to see if they are a good fit for a particular job or educational institution. It then follows that there is little recourse for applicants who are denied opportunities in this way unless they can prove the denial was based on something beyond the applicant’s control such as race, religion, pregnancy or a disability.

When applying to any educational institution – there are enough variables you can’t control: whether the admissions board will like your personal statement; whether your grades are an anchor or an asset compared to the larger pool of applicants; whether your application stands out from others, etc. So why not try to control the variables you do have power over? Staring with being vigilant about your online existence.

The National Highway Traffic Safety Administration estimates that 16% of all fatal car crashed in 2008 were a result of driver distraction. This number will seemingly only increase as mobile devices become more and more popular.

Earlier this summer, Texas Gov. Rick Perry refused to sign a statewide ban forbidding texting and driving because such a law, in his opinion, would micromanage the conduct of adults. It is already illegal in Texas to text while driving or use cell phones for drivers under the age of 18.

Despite the governor’s refusal to sign the prohibition on texting while driving into law, many cities have made it illegal in their respective jurisdictions.

The fact that Gov. Perry refused to ban texting while driving should not deter us from recognizing the enormous dangers of texting while driving. Distracted driving slows reaction times and increases the chance of accidents causing injuries and even death. For parents, it is especially important to discuss the importance of minimizing distractions on the road to ensure the safety of new drivers as well as the public at large.

Specifically, the law requires each school to appoint a concussion oversight team to deal with student injuries. The oversight team must be comprised of a physician and at least one of the following: athletic trainer, neuropsychologist, advance nurse practitioner or a physician’s assistant. If a student is suspected of suffering a concussion, he or she is to be removed from practice or play immediately until checked by a medical professional.

The medical professional that evaluates the athlete should inform parents of symptoms to look out for. If these signs worsen, the athlete should be taken to an emergency room to minimize any greater risk of injury such as brain hemorrhaging which can be fatal.

As a parent, you should know that Texas has set up certain safeguards to maximize safety for athletes. You should also speak to your children about the risks of a concussion, what symptoms to look for and the type of response the athlete should expect from the administration. Empowering yourself and your children with knowledge can help enforce this law and prevent needless sports injuries.

Although there are numerous reasons to make a will, here are 5 big reasons making a will can benefit you and your loved ones:

1.    Creating a will allows you to dispose of your property and assets according to your wishes

Perhaps the best reason to make a will is to exercise control over how your property and assets will be distributed.  A will expresses your intentions and allows you to provide for whomever you wish in any manner you choose.

If you don’t create a will, the laws of Texas will determine how your property will be distributed.

2.    Creating a will saves your family unnecessary delay and costs associated with intestacy

Having a will allows estate administration to proceed quickly and efficiently. When a person dies without a will, the court needs to appoint a representative and approve certain sales regarding real property which can take time.

3.    Creating a will allows you to provide for your spouse or partner

Upon death, a living spouse does not automatically inherit all of the deceased spouse’s assets and therefore, in order to ensure your spouse is taken care of, it is wise to create a will devising specific property to him or her.

Unmarried partners should especially create a will to ensure that the other partner is accounted for upon one partner’s passing. Partners do not have a legal claim of entitlement upon the other partner’s death and will not inherit automatically, which is why it is imperative to create a will.

4.    Creating a will can help protect your children’s interests

If you have minor children, you can specify certain funds or proceeds from certain sales that should be put into a trust for the benefit of the children.

Moreover, you can appoint a guardian for minor children – someone you can trust to look out for the child’s best interest when you no longer can.

5.   Creating a will allows you to appoint an executor

If you don’t appoint, the court will appoint one for you and this can turn into a lengthy and expensive process. Appointing someone you trust to be your executor allows you to ensure that the intentions expressed in your will be effectively carried out.

Texas is a community property state meaning all separate income and property acquired after marriage is considered to belong to both spouses equally. This applies to separate income that each spouse earns during the marriage.

Separate property is property owned before marriage and any gifts or inheritance acquired during marriage. Personal injury settlements are sometimes considered separate property as well.

The characterization of property is determined at the time of acquisition meaning whether something is community property or separate property depends on the time and circumstances the property was obtained.

For example, if you own a house before marriage, it is considered separate property regardless of whether mortgage payments were later made from community income.

So just know, that if you helped a spouse pay off a house they purchased before marriage, that house is not yours simply because you helped financially – it still belongs to the spouse who initially bought the property. Accordingly, if there is a divorce, the spouse whose separate property it is will obtain it in the divorce (although you may be entitled to some reimbursement in proportion to your financial contribution after marriage).

Knowing the difference between community property and separate property can help you manage your expectations through a divorce and help you understand exactly what you are entitled to.

The Texas prison inmate sued the state under the Religious Land Use and Institutionalized Persons Act, which aims to protect religious freedom in prisons and in land use situations.

The court said that inmates could file suits to seek a change in prison policies that might violate their Constitutional rights, but money does not constitute
appropriate relief” from the state.

Justice Clarence Thomas wrote for the majority stating that mere acceptance of federal money is not a waiver of immunity under federal law. In order for a state to be subject to this type of lawsuit, a state must expressly waive their sovereign immunity.

Dissenting judges argued that damages have typically included monetary relief; and the majority undermines religious freedom for prisoners.

If ‘money talks’ – doesn’t this decision alleviate the pressure on states to enforce prisoner’s constitutional rights?

Oklahoma Governor Mary Fallin recently signed a bill into law restricting funeral protests.  Under the bill, protests would be prohibited two hours before or after a funeral.  Under previous law, protests were impermissible within 500 feet of the funeral; the new measure changes that to 1,000 feet.

The decision came after the Supreme Court ruled 8-1 that individuals have a constitutionally protected right to protest at funerals under the free speech clause of the Fist Amendment.

In the Westboro Baptist Church case, church members protested at a deceased soldier’s funeral, holding up signs reading “Fags Doom Nations” and “No Peace for the Wicked.”  The Supreme Court noted that the actions were in poor taste, but even repugnant speech is protected under the Constitution.

The Oklahoma law is designed to deter politically charged protests at funerals as such actions as exploit families who are suffering.

Is the Oklahoma law too paternalistic? Or is the new law just the right balance between exercising one’s Constitutional rights but not at the expense of another’s loss?