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Open Access. Powered by Scholars. Published by Universities.®

Jurisprudence

2004

Common law

Articles 1 - 2 of 2

Full-Text Articles in Law

The Charity Oversight Authority Of The Texas Attorney General., John W. Vinson Jan 2004

The Charity Oversight Authority Of The Texas Attorney General., John W. Vinson

St. Mary's Law Journal

The Attorney General of Texas is the only elected official charged with regulating the state’s charitable interest. This duty and authority over charitable assets and entities are comprehensive and unique in themselves. Although the broader state representation role of American attorneys general has evolved considerably and been substantively codified in the statutory law, the area of charity regulations has remained remarkably true to its common law root. This Article will briefly examine the early roots of charity regulation and then discuss the authority and duties of the Attorney General of Texas in the modern context of charity regulation. In Texas, …


The Texas Courts' Adventures In Locating Texas Coastal Boundaries: Redrawing A Line In The Sand: Kenedy Memorial Foundation V. Dewhurst Defining An Exception To Luttes V. State., Thomas M. Murray Jan 2004

The Texas Courts' Adventures In Locating Texas Coastal Boundaries: Redrawing A Line In The Sand: Kenedy Memorial Foundation V. Dewhurst Defining An Exception To Luttes V. State., Thomas M. Murray

St. Mary's Law Journal

Kenedy Memorial Foundation v. Dewhurst determined the boundary of the Laguna Madre by narrowing the scope of the exception found in Luttes v. State. Luttes established the “mean high tide” test (MHHT), which governs lands controlled by civil law. The MHHT determines a boundary by the mean of the high tide without regard to a summer or winter tide. The exception, however, does not require the application of the MHHT in areas in which tidal gauges could not be used accurately. The Laguna Madre is a shallow strip of water, ranging between three and five miles in width, running between …