South Texas College of Law, Annotations (Houston, Tex.), Vol. 2, No. 2, October, 1973 Page: 1 of 8

Congressman Eckhardt introduces warranty requirement bill
By STEWART GAGNON ANNOTATIONS Editor • ■
BySTEWAR
"The consumer's experience with product warranties
is like a common experience with the west Texas ring
tail cat - it looks like a raccoon, but isn't. Likewise,
the consumer frequently looks at a warranty and thinks
that it assures repair or replacement of an improperly
functioning product to the satisfaction of the consumer.
Much to his or her regret, it later proves not to be what
it appeared to be."
With that statement Congressman Bob Eckhardt, of
Houston's 8th District, introduced his current
Warranty-FTC Improvement legislation.
The legislation, H.R. 7917, is designed to require the
seller of a product costing more than $5 to give a
warranty in writing that either the warranty fully
complies with the standards set down by the FTC or to
state that the warranty is limited and explain clearly
how the warranty differs from the federally set
standards.
The bill also prohibits a seller offering a warranty in
writing in order to disclaim any implied warranties.
The bill provides that the FTC will promulgate a set of
rules of what shall be included in a written warranty.
Among the rules which may be required is a disclosure
of the products and parts covered, any exceptions and
exclusions from the terms of the warranty, the
characteristics or properties of the products, or parts
thereof, that are not covered by the warranty, and a
statement of what the consumer must do and expenses
he must bear. The warranty is required to be clearly and
conspicuously presented or displayed so as not to
mislead the average consumer.
If the warranty incorporated the federal standards
then it may be termed a "full" warranty, but if it does
not the warranty must be labeled "limited" and the
limitations must be explained
The federal minimum standards for a warranty as set
out in the bill includes the following:
I) must as a minimum undertake the repair or
continued on page 8
South
1220 Polk
Houston, Texas 77Ó02
Vol. II No.2
October, 1973
Hofheinz tags issues ;
stresses police quality
By RICK BUTLER ANNOTATIONS Staff Writer
A large number ot South
Texas students crowded into the
student lounge Sept. 27 to listen
to Mayoral candidate Fred
Hofheinz speak on his opinion
of the major issues involved in
the upcoming election. Hofheinz
outlines three major issues - law
enforcement, environmental
protection, and public
transportation, and said that
these probelms should not only
be approached with the near
future in mind, but also with
respect to long-range goals.
In the area of law
enforcement, Hofheinz said he
felt one of the largest mistakes
that has been made has been the
refusal by our city government
to accept federal funds for local
police enforcement. An
estimated one billion dollars a
year has been made available for
aid to local law enforcement
across the nation, thirty-one
million dollars of which has gone
to Texas.
Possible uses of this federal
aid that were suggested included
the purchase of helicopters, a
closed circuit television system
throughout the city jail, or a
computer dispatch system.
Hofheinz also suggested the
possibility of dropping the
SBA appoints fifteen Justices
The S.B.A. Board of
Governors at its regular meeting
on September 18 th selected
fifteen Justices to serve on the
Honor Court for the Fall
Semester. They were: Robert
Blackburn, Larry Fields, Spencer
Gardner, Andrew Gass, Michael
Langford, Richard Menin, Orsen
Paxton, L. Mason Lee, Don
Dawson, Lou Bien, William
Alexander, Steve King, Mike
McGaughran, Ron Block, and
Dennis Alvarez.
In addition to the selection of
Justices, Mike Powell was
re-appointed Prosecutor. Powell
was originally selected in * the
summer semester.
Chief Justice Steven E.
Halpin announced that
Candelario Elizondo had been
appointed Bailiff of the Honor
Court.
500-mile radius boundary for
accepting new cadets and
instituting a degree program in
Police Science. Hofheinz has
already said that his selection of
a new Chief of Police would be
from the active ranks. 1
Environmental protection
was the second major issue
noted by Hofheinz. "The city
itself is the largest single pollutor
in the country." He said he
favors a regulatory pollution
control department separate
from the Health Department.
Public transportation- was
mentioned as possibly the
"biggest single challenge" facing
the city. Hofheinz said that
Houston's one and one-half
billion dollar Federal Freeway
Program is now 90% complete
and that with the continued
growth of the city, we may face
a mobility crisis.
In a brief question and
answer session, Hofheinz also
said that if he were elected, no
further aerial rights would be
granted until a city ordinance is
passed. Hofheinz's major
opponent, Dick Gottlieb, will
speak at South Texas College of
Law on October 11.
Hofheinz talks with STLC student
Fall Moot Court
team chosen
BY BRIAN DAVIS ANNOTATIONS Staff Writer
Bob Estrada, Mike Powell,
and Denton Ragland compose
the starting lineup in STCL's
National Moot Court team this
semester.
Competition at the tryouts
on September 22nd for the three
top slots was close, with only
points separating 3d and 5th
Constitutional la¡w
By BOB ESTRADA LSD Representative
The American Bar Foundation has announced its 13th annual
Samuel Pool Weaver constitutional law essay program.
The subject is The Constitutional Dimensions of Executive
Privilege: The scope of congressional power to require testimony
under oath from officers and employees of the executive branch and
the scope of federal judicial authority to adjudicate claims of
executive privilege.
First Prize is $5,000; honorable mention prizes will total: $ 1,500.
The purpose of the program shall be to invite and judge on a
competitive basis essays dealing with (a) the constitutional
government of the United States of America; (b) its powers,
principles, and limitation?; (c) those studies and statements that will
promote and maintain the philosophy of our present government as
represented under recognized constitutional principles; and (d) those
studies and statements that will inspire greater loyalty and interest in
our existing constitutional institutions.
competition set
The competition is open to all regular and associate (student)
members of the American Bar Association in good standing as of
January 1, 1974.
While the ABA reserves the right to defer the award, it is hoped
that the program will arouse substantial interest among American
lawyers, practitioners, judges, law teachers, and law students.
Selection will be made by a- committee composed of Jesse H.
Choper, University of California Law School, Berkeley; John D.
French, Esq., Minneapolis, Minnesota; and Gordon B. Baldwin,
Universityjof Wisconsin Law School, Madison. The Foundation is
making tentative plans to publish the winning essay and possibly
others which are of superior quality.
All necessary instructions and complete information about the
number of words, copies, footnotes, and citations may be secured
upon request to: Samuel Pool Weaver, Constitutional Law Essay
Program, American Bar Foundation, 1155 East 60th Street, Chicago,
Illinois 60637.
places.
Bob, Mike and Denton arc
currently working on their brief,
which must be submit led by
October 22nd in preparation, for
the regional competition on
November 7th through the 10th
at the Driskill Hotel in Austin.
ALL STCL STUDENTS ARE
INVITED TO ATTEND, cheer
our team on, and learn
something about the esoteric
processes «of appellate advocacy.
Tryouts for the next
semester's International Law
question will be held in the first
part of January.
The problem this semester
involves a conflict! between
environmental and civil rights,
over the extention of water and
sewer service to a low income
housing development outside the
corporate limits of a village. The
progress of the competition
should prove extremely
(interesting, as the points of law
¡are much in the news nowadays,
and both sides are usually
carefull balanced.