Open Access. Powered by Scholars. Published by Universities.®
Legal Ethics and Professional Responsibility Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- LLC (2)
- St. Mary’s Law School (2)
- Texas (2)
- Acreage Commitment (1)
- Adler (1)
-
- Advice (1)
- Barron (1)
- Benchslaps (1)
- Best view of the law (1)
- Carbon dioxide pipelines. (1)
- Christopher Oddo (1)
- Civil rights (1)
- Clients (1)
- Clough & Oddo (1)
- Common carrier pipeline (1)
- Common-carrier permit (1)
- Condemn (1)
- Constitutional law (1)
- Covenants running with the land (CRWTL) (1)
- Denbury Green (1)
- Denbury I (1)
- Department of Justice (1)
- Document interpretation (1)
- Dworkin (Ronald) (1)
- E. Tex. Rice Land Partners (1)
- Economic rights (1)
- Eminent domain (1)
- Energy Practice Group (1)
- Equitable servitude (1)
- Executive orders (1)
Articles 1 - 15 of 15
Full-Text Articles in Legal Ethics and Professional Responsibility
Benchslaps, Joseph P. Mastrosimone
Benchslaps, Joseph P. Mastrosimone
Utah Law Review
The practice of judges issuing so-called benchslaps is growing both in popularity and concern. Such published decisions and orders seek to publicly shame lawyers for their alleged unethical or unprofessional lawyering. Legal blogs have picked up on this trend, celebrating and elevating benchslaps to become a part of legal popular culture. However, the practice of using embarrassing and belittling published decisions to punish or to deter unethical or professional conduct raises serious concerns that the issuing judge is violating his or her own ethical duties.
This Article criticizes the practice and concludes that it must end based on three arguments: …
Sally Yates, Ronald Dworkin, And The Best View Of The Law, W. Bradley Wendel
Sally Yates, Ronald Dworkin, And The Best View Of The Law, W. Bradley Wendel
Michigan Law Review Online
What interests me, as a scholar of legal ethics and jurisprudence, is whether Yates got it right when she said the responsibility of a lawyer for the government is to seek justice and stand for what is right, and that the position of the Department of Justice should be informed by the lawyer’s best view of the law. Yates’s claim that legal advice should be informed by the best view of the law sounds very much like the position of Ronald Dworkin. Dworkin argued that a judge should determine the legal rights and duties of the litigants by constructing the …
Dynamic Regulatory Constitutionalism: Taking Legislation Seriously In The Judicial Enforcement Of Economic And Social Rights, Richard Stacey
Dynamic Regulatory Constitutionalism: Taking Legislation Seriously In The Judicial Enforcement Of Economic And Social Rights, Richard Stacey
Notre Dame Journal of Law, Ethics & Public Policy
The international human rights revolution in the decades after the Second World War recognized economic and social rights alongside civil and political rights. The Universal Declaration of Human Rights in 1949, the International Covenant on Economic, Social, and Cultural Rights in 1966, regional treaties, and subject-specific treaties variously describe rights to food, shelter, health, and education, and set out state obligations for the treatment of children. When they first appeared, these international, economic, and social rights instruments raised questions about whether economic and social rights are justiciable in domestic legal contexts and whether they can be meaningfully enforced by courts …
The English Rule - It Ain't English, And Ought Not Be American., Timothy M. Mulligan
The English Rule - It Ain't English, And Ought Not Be American., Timothy M. Mulligan
St. Mary's Law Journal
Abstract Forthcoming.
A New Remedy For Junk Science: Article 11.073 And Texas's Response To The Changing Landscape In The Forensic Sciences., Trevor Rosson
A New Remedy For Junk Science: Article 11.073 And Texas's Response To The Changing Landscape In The Forensic Sciences., Trevor Rosson
St. Mary's Law Journal
Abstract Forthcoming.
No Appropriation Without Compensation: How Per Se Takings Of Personal Property Check The Power To Regulate Commerce., William Sumner Macdaniel
No Appropriation Without Compensation: How Per Se Takings Of Personal Property Check The Power To Regulate Commerce., William Sumner Macdaniel
St. Mary's Law Journal
Abstract Forthcoming.
The Demise Of Anti-Panhandling Laws In America., Natie Pilgram Neidig
The Demise Of Anti-Panhandling Laws In America., Natie Pilgram Neidig
St. Mary's Law Journal
Abstract Forthcoming.
United States V. Mcintosh: Ninth Circuit Limits Federal Prosecutors From Spending To Enforce Marijuana Laws In Medicinal States., Daniel Haley
St. Mary's Law Journal
Abstract Forthcoming.
The Exclusionary Rule And The Dueling Legacies Of Utah V. Streiff: Which Will Be Suppressed., Marcos Herrera
The Exclusionary Rule And The Dueling Legacies Of Utah V. Streiff: Which Will Be Suppressed., Marcos Herrera
St. Mary's Law Journal
Abstract Forthcoming.
The Post-Production Costs Issue In Texas And Louisiana: Implications For The Fate Of Implied Covenants And Pro-Lessor Clauses In The Shale Era Oil And Gas Lease., Laura H. Burney
St. Mary's Law Journal
This Article discusses the implications of Heritage Resources, Hyder, and several Louisiana cases on the “post-production costs” issue in gas royalty clauses, as well as the fate of implied covenants in the shale era. To better understand that issue, this Article first provides a background on the interaction of express lease clauses and the doctrine of implied covenants. This discussion reveals that implied covenants are relegated to a minor role in light of extensive express clauses in Shale Era leases because courts frequently view express or “plain” terms as barring implied covenants. The problem, however, as commentators have noted—particularly regarding …
The Executive Right To Lease After Kcm Financial Llc V. Bradshaw And A Louisiana Solution To A Texas Problem., Christopher S. Kulander
The Executive Right To Lease After Kcm Financial Llc V. Bradshaw And A Louisiana Solution To A Texas Problem., Christopher S. Kulander
St. Mary's Law Journal
Abstract Forthcoming.
Pipe(Line) Dreams Post-Denbury Green., Nicholas Laurent, Christopher Oddo
Pipe(Line) Dreams Post-Denbury Green., Nicholas Laurent, Christopher Oddo
St. Mary's Law Journal
In Denbury Green Pipeline-Texas, LLC v. Texas Rice Land Partners, the Beaumont Court of Appeals articulated the test that should be applied when considering whether the condemnation of private property, which would result favorably for pipeline companies, should be allowed. In Denbury, the Beaumont Court of Appeals balanced the protection of private property rights against the need for true common carrier pipeline companies to condemn private property. The court held that in order to condemn private property, a substantial public interest must exist to justify such condemnation. The Texas Supreme Court, however, reversed the decision of the Beaumont Court of …
Covenants Running With The Land., Michael P. Pearson
Covenants Running With The Land., Michael P. Pearson
St. Mary's Law Journal
The analysis of real covenants in wellhead contracts (e.g., gas purchasing, gathering, processing, etc.) by Texas courts has not been consistent. As a result, some bankruptcy courts are holding that a debtor in bankruptcy is not liable for a prior contractual obligation, unless the covenant is held to be a real covenant running with the land. For instance, the holding in In re Sabine Oil & Gas Corp. (Sabine I) contradicts the holdings in Westland Oil Development Corp. v. Gulf Oil Corp. and in Inwood North Homeowners' Association, Inc. v. Harris. The Sabine I court held that because the Acreage …
Tx Rice V. Denbury., Thomas Alan Zabel
Force Majeure: How Lessees Can Save Their Leases While The War On Fracking Rages On., Allison R. Ebanks
Force Majeure: How Lessees Can Save Their Leases While The War On Fracking Rages On., Allison R. Ebanks
St. Mary's Law Journal
Abstract Forthcoming.