Law and Society Commons^™

New “Architecture” And Revitalizing The Un Global Compact, David Barnhizer

David Barnhizer

Some advocates of sustainable development possess an almost theological faith in what I refer to as “rhetorical” sustainable development as the path to providing for the sound future of human civilizations and critical ecological systems. Simply put, if we try to think “too big” and “bite off too much” then the system we are trying to control or influence consumes us and our resources and we fail miserably. There is real and predictable danger in grandeur. This means we need to think about achieving sustainability in very specific and concrete terms applied to clear goals and an honest understanding of …

The Benefit Corporation: A Questionable Solution To A Non-Existent Problem., Justin Blount, Kwabena Offei-Danso

St. Mary's Law Journal

Throughout American history a continuous call for businesses to wield their power and influence in such a way as to not only create economic value for shareholders, but also to create value in an ethical manner that benefits society as a whole has existed. Currently, many businesses respond to this call by integrating social responsibility into their operations. A recent innovation on this front is the development of the “benefit corporation” by the non-profit organization “B Lab.” The benefit corporation is essentially a hybrid entity. It is designed to have characteristics of both non-profit and for-profit entities. The entity also …

To A Friend: The Honorable Will Garwood., Emilio M. Garza

St. Mary's Law Journal

William Lockhart Garwood died on July 14, 2011. In his thirty years on the court, Will would author numerous notable decisions, but his reputation would be solidified by two extraordinary cases: United States v. Lopez, in which, for the first time in recent judicial history, a court of appeals held that a congressional act was invalid as beyond the power of Congress under the Commerce Clause; and United States v. Emerson, in which, a court of appeals first articulated the Second Amendment protects individual Americans’ right to keep and bear arms. Neither case was without controversy. Not surprisingly, the Supreme …

Changes Spark Interest In Sustainable Urban Places: But How Do We Identify And Support Them?, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Changes in climatic and demographic trends are sparking renewed interest in cities generally and sustainable communities particularly. On the one hand, residents and workers in denser, mixed-use neighborhoods served by transit have half the carbon footprint of those in spread-out suburban areas. On the other hand, many of the smaller households that characterize the nation’s growing population prefer to live in precisely those compact, mixed-use neighborhoods. In New York, these changes align with several new state policies that encourage cities and towns to reduce carbon emissions, reduce vehicle travel, create sustainable buildings and neighborhoods, and preserve the landscapes that sequester …

Getting Paid In Probate Court., Robert J. Augsburger

St. Mary's Law Journal

After reviewing the Texas Probate Code, the Texas Property Code, and current case law, this Essay compiles relevant information designed to assist attorneys in obtaining payment for services provided to their clients. An attorney ad litem is an officer of the court whose “fees are assessed as costs of suit” rather than requiring the ad litem to seek “fees only from his clients’ recovered shares.” Therefore, each attorney ad litem appointed under § 34A of the Texas Probate Code is entitled to reasonable compensation for services in the amount set by the court. The attorney’s fees “must be supported by …

Civil Liability Approaches To The Stolen Valor Epidemic., Lauren A. Valkenaar

St. Mary's Law Journal

Over the years, civilians and members of the military have falsely claimed honors “stealing” the valor, reputation and benefits bestowed upon actual medal recipients. Lawmakers have historically addressed this problem of stolen valor with criminal prosecution. In 2005, Congress passed the Stolen Valor Act, making it illegal for an individual to lie about receiving military awards. However, the constitutionality of the Stolen Valor Act of 2005 was challenged in United States v. Alvarez. The Supreme Court of the United States found that the act violated the First Amendment because it was a content-based restriction on speech regarding military service. Therefore, …

Acequias, Brigette Buynak, Jerold Widdison, Darcy S. Bushnell

Water Matters!

Acequias are community irrigation systems in the villages and pueblos of New Mexico. They have deep roots in two ancient traditions—Pueblo Indian and Spanish. The Pueblos collected and shared water for centuries before the arrival of Spanish colonists in 1598. The Spanish settlers brought technical knowledge and institutional frameworks for governing irrigation systems, which originated in the Moors’ seven-century occupation of Spain. Both traditions remain important to an understanding of New Mexico’s acequia heritage and the continuing relevance of these “water democracies.”Today, these traditions must meld with state law as the legislature has provided that acequias are “political subdivisions” or …

Water Quality Regulation, Joanne Hilton, Susan Kelly, James Hogan, Kimberly Kirby, Jerry Schoeppner

Water Matters!

While many of the water issues in New Mexico center around having an adequate supply of water, the quality of the water is just as important as the quantity in supplying water for drinking and other uses that rely on clean water. Protecting water quality is financially more feasible than conducting expensive cleanup programs. New Mexico has a strong interest in water quality regulation to protect public health and the environment and to minimize expenditures for mitigation of contaminated supplies. Water quality is a difficult subject to navigate; there is a complex web of statutes and agency involvement. This paper …

The Co-Author Prenup., David A. Schlueter

St. Mary's Law Journal

Producing a book or article with co-authors is not an easy task. There are six potential issues one might consider before deciding to co-author a book or article. First, do you really want to be a co-author? Second, how many co-authors are going to be involved in the project? Having more than one co-author can make the departure of a co-author less of an issue, but each co-author needs to have a clearly defined role. Third, what role will each member of the team perform and what are those roles? Fourth, what should the co-author “marriage” look like? Multiple scenarios …

Secured Transaction History: Protecting Holmes' Notes Through The Conditional Sales Acts., George Lee Flint Jr.

St. Mary's Law Journal

The historical explanation for the adoption of the conditional sales acts is woefully lacking. How and why the first conditional sales acts arose are investigated. Grant Gilmore, when presenting his theory, confessed ignorance concerning the origins of the conditional sale transaction, first known as Holmes’ notes. The failure of traditional legal historians to explain the passage of the conditional sales acts encourages inquiry into their legislative history to find an explanation. Pre-Act American decisions provide clues regarding the ratification of the acts. The courts provided three explanations for their passage: to treat the conditional sale as a chattel mortgage, to …

The South Texas Drought And The Future Of Groundwater Use For Hydraulic Fracturing In The Eagle Ford Shale., Taelor A. Allen

St. Mary's Law Journal

Texas has undergone a succession of historic droughts, each one creating unique problems and controversies. The state is also one of the largest national producers of oil and gas with the Eagle Ford Shale fields contributing to the production boom. The technique used to extract the oil is called hydraulic fracturing, which requires large volumes of water to be injected at high pressures to “frac” and release gas from an underground formation. The amount of water required places even greater strain on the regional water supply. This Comment highlights legal issues raised by the high volumes of groundwater used for …

The Executive Right To Lease Mineral Real Property In Texas Before And After Lesley V. Veterans Land Board., Christopher S. Kulander

St. Mary's Law Journal

Abstract Forthcoming.

Specialty Juvenile Courts In Texas: Using The Rehabilitative Juvenile Justice Approach To Reform Texas's Youngest Gang Members., Drew Darnell

St. Mary's Law Journal

Abstract Forthcoming.

To A Professor: Douglas Haddock Retires., Charles Epps Ipock

St. Mary's Law Journal

Abstract Forthcoming.

Texas Legislative Implications For Minors Accused Of Sexting., Mallory N. Myers

St. Mary's Law Journal

State legislation criminalizing sexting—the possession or electronic transmission of visual material capturing a minor engaged in sexual conduct—should not punish minors similarly to adults. The Adam Walsh Child Protection and Safety Act of 2006 (Walsh Act) in conjunction with the Sex Offender Registration & Notification Act (SORNA), require that any individual, including a minor, convicted of child pornography register as a sex offender. As a result, states with legislation that categorize sexting as child pornography, will require a minor with a sexting conviction to register as a sex offender. This disportionate punishment on the minor will make it difficult for …

Water Can Be For Drinking Again: Economic And Collaborative Solutions To A Texas Water Fight., Aaron Culp

St. Mary's Law Journal

Abstract Forthcoming.

Deceiving Law Students: Employment Statistics And Tort Liability., Angie Roberts-Huckaby

St. Mary's Law Journal

Abstract Forthcoming.

New Oil And Old Laws: Problems In Allocation Of Production To Owners Of Non-Participating Royalty Interests In The Era Of Horizontal Drilling., Benjamin Holliday

St. Mary's Law Journal

Oil and gas exploration and production is not only a big business, it is also an expensive one. As with any business, when faced with competing alternatives, operators generally prefer to pursue exploration in areas with more stable and predictable legal environments. Efforts have previously been made to make Texas such an environment, but as technology advances, legal rules often become unclear in their application. The explosion in horizontal drilling activity is challenging the courts and the Texas Railroad Commission to apply and adapt traditional legal and regulatory concepts to horizontal wells. The growing dominance of horizontal well development is …

Plugging The School-To-Prison Pipeline By Improving Behavior And Protecting Core Judicial Functions: A Constitutional Crisis Looms., Patrick S. Metze

St. Mary's Law Journal

The consolidation of the Texas Youth Commission (TYC) and the Texas Juvenile Probation Commission (TJPC) into the Texas Juvenile Justice Department (TJJD) in 2011, produced a unified state juvenile justice agency to promote public safety first and to produce positive outcomes for youth, families, and communities second. As Professor Metze’s second paper discussing ways to effect a change in the School-to-Prison Pipeline, he first highlights the progress of TJJD’s use of Positive Behavioral Interventions and Supports (PBIS) in the Texas juvenile correctional context as continued evidence that such techniques, if effective in the correctional setting, will certainly work in the …

The Strange Case Of Lieutenant Waddell: How Overly Restrictive Rules Of Engagement Adversely Impact The American War Fighter And Undermine Military Victory., Jeffrey F. Addicott

St. Mary's Law Journal

A rules of engagement (“ROE”) Review Board should be created in order to provide an impartial review process for service members facing adverse administrative action for violations of ROE. Politicians defining the ROE, rather than military experts, create rules that are so restrictive and confusing that they ultimately run counter to the military objective of victory. A violation of a ROE can be a criminal offense under the Uniform Code of Military Justice, but violations are issued arbitrarily, and often the military does not charge the service member with a crime, instead using adverse administrative measures to impose punishment. While …

Stasis And Change In Environmental Law: The Past, Present And Future Of The Fordham Environmental Law Review, Gerald S. Dickinson

Articles

The past twenty years of environmental law are marked as much by legislative stasis as by profound change in the way that lawyers, policymakers, and scholars interact with the field. Although no new federal legislation was passed over the past two decades, much has changed about the field of environmental law. This change is the result of a set of conceptual and legal challenges to the field posed by intellectual and policy movements that took root in the early 1990s. The intellectual and policy movements that have most profoundly shaped the field of environmental law in the past twenty years …

Why (And How) Conservatives Should Support Smart Growth, Michael Lewyn

Scholarly Works

Conservatives have generally been critical of the smart growth movement, because they often fear that smart growth is synonymous with overregulation of land use. This article explains why sprawl threatens conservative values, and suggests conservative-friendly smart growth policies that can both make government less intrusive and make America more walkable.

Animal Frontiers: A Tale Of Three Zoos In Israel/Palestine, Irus Braverman

Journal Articles

Situated within fifty miles of each other at the heart of Israel-Palestine, three zoos — Jerusalem, Qalqilya, and Gaza — tell three very different stories about nonhuman animals, humans, and their imbricated survival across borders and at times of war. Through in-depth interviews with personnel from these three zoos, this article tracks the material and symbolic identities of three zoo animals. Yet the article is not just about animals; it is also a story about nationalism and its clandestine manifestations in ideologies of conservation. I argue here that alongside the straightforward story about sustaining wildlife, Israeli zoos’ control of zoo …

Why (And How) Conservatives Should Support Smart Growth, Michael Lewyn

Michael E Lewyn

Conservatives have generally been critical of the smart growth movement, because they often fear that smart growth is synonymous with overregulation of land use. This article explains why sprawl threatens conservative values, and suggests conservative-friendly smart growth policies that can both make government less intrusive and make America more walkable.

The Interest Convergence Of Education Reform And Economic Development: A Response To "The State Of Our Unions", Jonathan C. Augustine

Jonathan C. Augustine

No abstract provided.

Environmental Justice In The Deep South: A Golden Anniversary Reflection On Stimulus And Change, Jonathan C. Augustine

Jonathan C. Augustine