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Articles 1 - 30 of 56
Full-Text Articles in Law
Mining Or World Park? A Politico-Economic Analysis Of Alternative Land Use Regimes In Antarctica, Bernard P. Herber
Mining Or World Park? A Politico-Economic Analysis Of Alternative Land Use Regimes In Antarctica, Bernard P. Herber
Natural Resources Journal
No abstract provided.
The Endangered Species Act: A Comprehensive Evaluation For The Coal Industry, John A. Macleod, Thomas C. Mean, Thomas R. Lunquist
The Endangered Species Act: A Comprehensive Evaluation For The Coal Industry, John A. Macleod, Thomas C. Mean, Thomas R. Lunquist
West Virginia Law Review
No abstract provided.
A Study Of Coal Arbitration Under The National Bituminous Coal Wage Agreement Between 1975- And 1990, Calvin William Sharpe
A Study Of Coal Arbitration Under The National Bituminous Coal Wage Agreement Between 1975- And 1990, Calvin William Sharpe
West Virginia Law Review
No abstract provided.
Proposals For Funding United Mine Workers Of America Retiree Health Benefits: The Constitutional Dimensions, John R. Woodrum, Larry P. Rothman
Proposals For Funding United Mine Workers Of America Retiree Health Benefits: The Constitutional Dimensions, John R. Woodrum, Larry P. Rothman
West Virginia Law Review
No abstract provided.
Oil And The Public Trust Doctrine In Washington, Ralph W. Johnson
Oil And The Public Trust Doctrine In Washington, Ralph W. Johnson
Seattle University Law Review
During the past 15 years, in half the United States, more than 100 reported cases involving the public trust doctrine have had a major impact on natural resources protection. In Washington, two key cases decided in 1987 give major support to the public trust doctrine. In Caminiti v. Boyle, the court affirmed that the public trust doctrine is the law of this state and always has been. In Orion Corporation v. State, the court upheld the classification of private tidelands as open space and stated that classification that prohibits fill for residential housing and development raises no constitutional …
Preserving Rural Gas Stations: State Financial Assistance For Underground Petroleum Storage Tanks, John S. Conniff, Charles G. Gavigan
Preserving Rural Gas Stations: State Financial Assistance For Underground Petroleum Storage Tanks, John S. Conniff, Charles G. Gavigan
Seattle University Law Review
This Article briefly reviews environmental regulations requiring the upgrading of Underground Storage Tankss, analyzes the development and implementation of the new financial assistance program, and considers the constitutionality of the program in light of state ing of credit prohibitions.
Tdhs V. E.B., The Coup De Grace For Special Issues., John J. Sampson
Tdhs V. E.B., The Coup De Grace For Special Issues., John J. Sampson
St. Mary's Law Journal
Although the bench and bar have been recalcitrant in recognition, the Texas Supreme Court has declared the special interest experiment a failure. For nearly eighty years Texas has engaged in an experiment requiring juries answer specific, factually detailed inquiries in various circumstances. The theoretical justifications of special issue inquiries were to ease appeals processes and add clarity to jury decisions. Although the goals were meritorious, the actual result was jury confusion, inefficiency, complexity, and too many retrials. The Texas Supreme Court’s ruling in TDHS v. EB signals the end of special issues and mandates the use of broad form submissions. …
Entering The Thicket - Mandamus Review Of Texas District Court Witness Disclosure Orders., David W. Holman, Byron C. Keeling
Entering The Thicket - Mandamus Review Of Texas District Court Witness Disclosure Orders., David W. Holman, Byron C. Keeling
St. Mary's Law Journal
In the absence of statutory authorization of interlocutory appeal, the writ of mandamus usually is the sole convenient remedy for an egregious trial court decision prior to judgment. The increasing number of mandamus petitions which annually invade the Texas appellate courts reflects the importance of the writ of mandamus. While once described as the “extraordinary” remedy, it is not uncommon for proceedings in a trial court to cease while a party seeks mandamus review of a controversial discovery ruling. One type of discovery rule which has not escaped mandamus review is the admission or exclusion of the testimony of witnesses …
Nude Dancing Conveying A Message Or Eroticism And Sexuality Is Protected By The First Amendment But Can Be Limited Under State Police Powers Provided The Government Establishes A Substantial, Content-Neutral Purpose., Fred S. Wilson
St. Mary's Law Journal
In Barnes v. Glen Theatre, Inc., the Supreme Court held the First Amendment protects nude dancing as conveying an expressive message, but state police powers may limit protection if the government establishes a substantial, content-neutral purpose. It is a principal of constitutional law where an actor intends to convey a message by expressive conduct, the First Amendment protection extends to that expression. Traditionally, time, place, and manner regulations restricting expressive conduct based on either the subject-matter of the message or the viewpoint of the actor receive content-based classification. However, content-based regulation of expressive conduct is constitutional only when narrowly drawn …
First-To-Invent: A Superior System For The United States., Ned L. Conley
First-To-Invent: A Superior System For The United States., Ned L. Conley
St. Mary's Law Journal
The United States uses the first-to-invent patent system, which is a time-honored system not worth abandoning in pursuit of harmonization. First-to-invent and first-to-file patent systems incentivize different approaches to obtaining a patent. However, a first-to-invent approach is, in part, what has allowed the United States to lead the world in innovation and it should not abandon this approach. The United States patent system is unique when compared to most other patent systems used by democratic, capitalistic, developed nations. A first-to-invent system provides incentive to invent, particularly to inventors who are less well financed. The incentive to innovate is in the …
Recent Developments In Civil Rights Law (As Presented At The Common Cause 20th Anniversary Celebration At St. Mary's School Of Law On November 3, 1990) Address., Archibald Cox
St. Mary's Law Journal
Abstract Forthcoming.
Pyrrhic Victories And Glorious Defeats: Why Defendants Are Winning And Plaintiffs Are Losing The Struggle Over Actual Malice And Fictionalized Quotations., Richard A. Gonzales
Pyrrhic Victories And Glorious Defeats: Why Defendants Are Winning And Plaintiffs Are Losing The Struggle Over Actual Malice And Fictionalized Quotations., Richard A. Gonzales
St. Mary's Law Journal
This article reviews Masson v. New Yorker Magazine, a case of fabricated quotations. The article looks first at the legal background and Supreme Court's development of the actual malice standard. An analysis of the problem through journalistic ethics and investigation of the difficulties confronting libel plaintiffs will follow. Finally, the comment explores the misquotation problem from both a legal and a journalistic perspective.
Preserving Error On Appeal In Texas Civil Cases: A Practical Guide For Civil Appeals In Texas., John Hill Cayce Jr.
Preserving Error On Appeal In Texas Civil Cases: A Practical Guide For Civil Appeals In Texas., John Hill Cayce Jr.
St. Mary's Law Journal
Fatal procedural errors can prevent appellees from preserving judgements and appellants from seeking review of court decisions on appeal. This article is a practical guide identifying critical concepts necessary to preserve the various rights of appeal. By examining the Texas Rules of Appellate Procedure, the author identifies procedural pitfalls attorneys may face when attempting to preserve appeals to the Texas Supreme Court or the appellate courts of Texas. Although the Texas Supreme Court has endeavored to eliminate procedural traps from civil appeals, a significant number of requests for appeal fail because lawyers do not follow the requirements necessary to preserve …
The Scope Of The Eighth Amendment Does Not Include A Per Se Bar To The Use Of Victim Impact Evidence In The Sentencing Phase Of A Capital Trial., Jimmie O. Clements Jr.
The Scope Of The Eighth Amendment Does Not Include A Per Se Bar To The Use Of Victim Impact Evidence In The Sentencing Phase Of A Capital Trial., Jimmie O. Clements Jr.
St. Mary's Law Journal
In Payne v. Tennessee, the United States Supreme Court held the scope of the Eighth Amendment does not include a per se bar to the use of victim impact evidence in the sentencing phase of a capital trial. As a result of Payne, the realm of information admissible during the sentencing phase of a capital trial now includes victim impact evidence. The use of victim impact evidence improperly diverts the sentencer’s attention away from the defendant’s moral blameworthiness to the victim’s character and reputation. Although advocates of victim’s rights may see this decision as a victory, the reasoning of the …
Great Lakes—Great Legacy?, Leonard B. Dworsky
Great Lakes—Great Legacy?, Leonard B. Dworsky
Natural Resources Journal
No abstract provided.
Generational Change In Environmental Law, Natural Resources Journal
Generational Change In Environmental Law, Natural Resources Journal
Natural Resources Journal
No abstract provided.
An Adequate Eis Under Nepa: Deference To Ceq; Merely Conceptual Listing Of Mitigation Leads Us To A Merely Conceptual National Environmental Policy, Jennifer R. Bartlit
An Adequate Eis Under Nepa: Deference To Ceq; Merely Conceptual Listing Of Mitigation Leads Us To A Merely Conceptual National Environmental Policy, Jennifer R. Bartlit
Natural Resources Journal
No abstract provided.
Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter
Natural Resources Journal
No abstract provided.
The Jackson Elk Herd, James Jackson
Water Politics: Continuity And Change, Albert E. Utton
Water Politics: Continuity And Change, Albert E. Utton
Natural Resources Journal
No abstract provided.
Environmental Regulation Of Coal Mining, Smcra's Second Decade, Carl E. Zipper, Richard Roth
Environmental Regulation Of Coal Mining, Smcra's Second Decade, Carl E. Zipper, Richard Roth
Natural Resources Journal
No abstract provided.
Environmental Aspects Of Maquiladora Operations: A Note Of Caution For U.S. Parent Corporations., Daniel I. Basurto Gonzalez, Elaine Flud Gonzalez
Environmental Aspects Of Maquiladora Operations: A Note Of Caution For U.S. Parent Corporations., Daniel I. Basurto Gonzalez, Elaine Flud Gonzalez
St. Mary's Law Journal
Abstract Forthcoming.
Why The United States Should Adopt The First-To-File System For Patents., Bernarr R. Pravel
Why The United States Should Adopt The First-To-File System For Patents., Bernarr R. Pravel
St. Mary's Law Journal
Abstract Forthcoming.
Introduction Of Thomas Buergenthal Address - Introduction., Barbara Bader Aldave
Introduction Of Thomas Buergenthal Address - Introduction., Barbara Bader Aldave
St. Mary's Law Journal
Abstract Forthcoming.
The Carryforward Of Net Operating Losses And Other Tax Attributes After Bankruptcy Reorganizations., Martin M. Van Brauman
The Carryforward Of Net Operating Losses And Other Tax Attributes After Bankruptcy Reorganizations., Martin M. Van Brauman
St. Mary's Law Journal
When stock is exchanged for debt in a bankruptcy reorganization, potentially abusive tax situations can result if the reorganization occurs strictly for the carryforward of tax attributes to the acquiring corporation. The basic question is to what extent the discharge of indebtedness provisions, the application of the various statutory and judicial requirements, and the consolidated return regulations prohibit or restrict the carryforward of the tax history of the debtor corporation. Bankruptcy reorganization for a corporation under Chapter 11 of the Bankruptcy Code can take the form of either a recapitalization or a reorganization. Because a “G” reorganization involves a discharge …
Giving The Gift Of Life: A Survey Of Texas Law Facilitating Organ Donation., Eric C. Sutton
Giving The Gift Of Life: A Survey Of Texas Law Facilitating Organ Donation., Eric C. Sutton
St. Mary's Law Journal
Abstract Forthcoming.
In Sharp Contrast To The Past: The Demise Of The Per Se Rule Against Vertical Price Fixing., Christopher J. Pettit
In Sharp Contrast To The Past: The Demise Of The Per Se Rule Against Vertical Price Fixing., Christopher J. Pettit
St. Mary's Law Journal
Actions by the Department of Justice and the Supreme Court lessening vertical pricing protections under the Sherman Antitrust Act require Congressional intervention. By enacting the Sherman Antitrust Act, Congress intended agreements fixing vertical prices or having the ultimate effect of fixing vertical prices at any level be illegal per se. Vertical pricing agreements set, maintain, stabilize, raise, or depress prices of goods or services among the different levels of the product distribution chain. The Department of Justice (DOJ) has taken positive steps in limiting the per se rule of illegality by failing to pursue allegations of vertical price fixing and …
Television Advertising: Professionalism's Dilemma., Laura R. Champion, William M. Champion
Television Advertising: Professionalism's Dilemma., Laura R. Champion, William M. Champion
St. Mary's Law Journal
Lawyers are concerned about tactics and antics of advertising attorneys because of possible harm to the reputation of the legal profession due to tasteless, crass ads circulated among the non-legal public. This controversial issue of what is good taste includes the question of how far ads can go before crossing the line of prohibited solicitation. Lawyers advertise through direct mail, television, radio, telephone yellow pages, billboards, newspapers, and magazines. This Article traces the background of legal advertising, focusing on the particular issue of television ads. Some courts purposefully avoid this aspect of legal communication with the public and leave many …
An Independent And Adequate Procedural Rule Bars A State Prisoner, Who Has Defaulted His Entire Appeal, From Asserting A Federal Claim Unless The Prisoner Demonstrates Cause For, And Actual Prejudice Resulting From, The Procedural Default, Or In The Alternative, Proves A Fundamental Miscarriage Of Justice Will Result If The Federal Habeas Court Fails To Hear The Claim., Jared R. V. Woodfill
St. Mary's Law Journal
The current jurisprudential regime accepts a blanket procedural default policy which denies the federal habeas court its proper constitutional role. An ideological coup d’etat is needed which reappraises the modern procedural default doctrine and supplants it with a rule in the spirit of Fay v. Noia. Such a revolution would emphasize the federal habeas court’s role as a defender of constitutional rights. In an era of multifarious litigation and sociological jurisprudence, a habeas prisoner should not lose his life because a negligent public defender failed to preserve the right in procedural formaldehyde. On April 23, 1982, a court convicted Roger …
Oil And Gas Law: Hull V. Sun Refining And Marketing Company: Are Division Orders A Condition Precedent To Payment Or Merely An Oppressive Condition?, Michael P. Royal
Oil And Gas Law: Hull V. Sun Refining And Marketing Company: Are Division Orders A Condition Precedent To Payment Or Merely An Oppressive Condition?, Michael P. Royal
Oklahoma Law Review
No abstract provided.