Law Commons^™

Senate Bill 1383 Stinks, Steffani Fausone

Student Scholarship

Climate change is no longer a prediction; it is a reality. Part of the climate change conversation revolves around increased methane emissions, focusing on the agricultural industry as a culprit. To address these concerns, the California legislature recently passed Senate Bill 1383, which aims to reduce methane emissions from one agricultural industry in particular--dairies. This far-fetched bill is the first in the country to attempt to regulate methane from dairy cattle. With so much uncertainty surrounding this bill's effects, this Comment argues that the bill will hurt the dairy industry more than it helps combat climate change. This Comment also …

Antitrust And Consumer Protection, Leslie Sara Hyman, Matthew J. Mcgowan

Student Scholarship

Consumer welfare is the common concern of the antitrust laws, the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA), the Texas Insurance Code (TIC), and various other statutes prohibiting fraudulent conduct in dealing with consumers. Antitrust laws, however, primarily address the misuse of market power to harm consumers, while anti-deception statutes focus on consumer harm brought about through

deception and a litany of other unlawful practices. The antitrust laws and the anti-fraud statutory schemes therefore are best viewed as focusing on complementary aspects of consumer welfare.

This article covers significant developments under federal and Texas antitrust laws and consumer protection laws …

Senate Bill 4: Police Officer's Opinions On Texas's Ban Of Sanctuary Cities, Megan E. Reed

Student Scholarship

For this Article, the Author interviewed six local law enforcement agencies in Texas regarding SB4. Based on those interviews and other research, this Article concludes that SB4 likely does not uproot and change Texas policing practices and asserts that SB4 may in fact be highly ineffective at improving resident safety, which was Texas lawmakers’ stated purpose for SB4. SB4 continues to have far reaching impacts, including concerns of racial profiling, victims and witnesses refusing to come forward due to fears of deportation, and damage to police officers’ reputations. Further, while some local law enforcement agencies claim they will not have …

Unintended Consequences, Loopholes, And Gibberish: Why There Are Still Securities Act Class Actions In State Courts, Brian Elzweig

Texas A&M Law Review

This Article examines Congress’s decades-long attempt to ensure that securities class action lawsuits of national importance are litigated in federal courts. The intent is limiting strike suits. Congress attempted to curtail strike suits through the enactment of the Private Securities Litigation Reform Act (“PSLRA”). The PSLRA required heightened pleading requirements to ensure the validity of federal securities class actions. Instead of solving the dilemma, plaintiffs circumvented the PSLRA by bringing fraud cases as state law claims. To combat the circumvention of the PSLRA, Congress enacted the Securities Litigation Uniform Standards Act (“SLUSA”). SLUSA federally preempted state law claims based on …