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Full-Text Articles in Legal Ethics and Professional Responsibility
Determining Mineral Ownership In Texas After Moser V. United States Steel Corp. - The Surface Destruction Nightmare Continues., David A. Scott
Determining Mineral Ownership In Texas After Moser V. United States Steel Corp. - The Surface Destruction Nightmare Continues., David A. Scott
St. Mary's Law Journal
Total abandonment of the surface destruction test is essential for achieving mineral title certainty in Texas. Many instruments which grant or reserve mineral rights in Texas contain the words “other minerals.” When the instrument does not specifically list which substances the contracting parties include as minerals, a dispute often arises as to ownership of the unspecified substances. To resolve ownership disputes, Texas courts adopted the surface destruction test. This test focuses on the destructive effects removal of a particular substance would have on the surface of the land. Unfortunately, the surface destruction test yielded unpredictable results, causing uncertainty in mineral …
Lawyers' Negligence Liability To Non-Clients: A Texas Viewpoint., Brian J. Davis
Lawyers' Negligence Liability To Non-Clients: A Texas Viewpoint., Brian J. Davis
St. Mary's Law Journal
Courts should examine the relationship of a non-client to a negligent lawyer to determine whether a lawyer is liable to a non-client despite lack of privity. In most jurisdictions, attorneys enjoy the privity of contract requirement which limits their duty to exercise reasonable care. As a result, lawyers are normally immune to negligent malpractice actions brought by non-clients. Courts should examine the relationship between the attorney and the non-client to determine whether the requirement of privity is an overly restrictive limit on the lawyer’s scope of duty. These relationships can be classified into three categories. The first category involves plaintiffs …
An At-Will Employee May Be Fired Despite Motives Which Violate State Public Policy., Kelsey Menzel
An At-Will Employee May Be Fired Despite Motives Which Violate State Public Policy., Kelsey Menzel
St. Mary's Law Journal
Scholars generally agree children possess fewer rights than adults under the Constitution. Moreover, the school, as a restricted environment, places additional constraints on the constitutional rights of minors. In recent years, however, the Supreme Court extended to minor students the rights of equal protection and civil due process. In Tinker v. Des Moines Independent Community School District, the Court acknowledged children have First Amendment rights of self-expression in a school environment. This marked a significant change from the judiciary’s traditional reluctance to interfere in school matters. Subsequent First Amendment challenges to school board decisions have focused on library book removal. …
Electronic Piracy: Can The Cable Television Industry Prevent Unauthorized Interception., Kevin W. Grillo
Electronic Piracy: Can The Cable Television Industry Prevent Unauthorized Interception., Kevin W. Grillo
St. Mary's Law Journal
The FCC and Congress have failed to enact specific regulations regarding unauthorized interception of cable television. This lack of regulation concerning electronic piracy has allowed entrepreneurs to develop means of intercepting cable television signals without compensation to the transmitting companies. The cable television industry has lost a significant portion of income through unauthorized interception of cable television. As the cable television industry continues to expand, the problem of electronic piracy of cable television signals will intensify. This has forced the cable television industry to seek varied legal solutions to resolve the problem. Although the cable television industry has found effective …
Parental Child-Snatching: Out Of A No-Man's-Land Of Law., Wayne Young
Parental Child-Snatching: Out Of A No-Man's-Land Of Law., Wayne Young
St. Mary's Law Journal
Approximately 100,000 parental child-snatchings occur annually. When a parent takes a kidnapped child to another jurisdiction, the injured parent must convince the court to recognize a foreign custody decree and persuade the same court to enforce that decree. Congress enacted the Uniform Child Custody Jurisdiction Act (UCCJA) to eliminate relitigation of custody decrees in other states and end court practices which protect the kidnapping parent. However, the UCCJA does not resolve parental child-snatching because the Act is ineffective in non-adopting states and the Act fails to aid a state in locating the abducting parent. Non-UCCJA states such as Texas have …