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State and Local Government Law Commons™
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- St. Mary's Law Journal (26)
- Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4) (21)
- External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16) (17)
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Articles 61 - 81 of 81
Full-Text Articles in State and Local Government Law
Hospital Liability May Be Based On Either Doctrine Of Ostensible Agency Or Doctrine Of Corporate Negligence., Gregory T. Perkes
Hospital Liability May Be Based On Either Doctrine Of Ostensible Agency Or Doctrine Of Corporate Negligence., Gregory T. Perkes
St. Mary's Law Journal
Abstract Forthcoming.
Introduction., Larry Soward
Take-Or-Pay Provisions: Major Problems For The Natural Gas Industry Comment., David L. Roland
Take-Or-Pay Provisions: Major Problems For The Natural Gas Industry Comment., David L. Roland
St. Mary's Law Journal
A prompt solution to the take-or-pay problem is vital to the survival of the natural gas industry. Due to the increasingly turbulent and unpredictable natural gas market, most natural gas producers include a take-or-pay provision in their gas purchase contracts. Take-or-pay provisions require a pipeline company to either take an amount of natural gas from the producer or the company must pay for the specified amount. The market, however, has changed and the demand for natural gas declined. The demand can be partly attributed to the energy crisis of a decade ago. As a result of the crisis, consumers are …
The Vestiges Of The Texas Employment At-Will Doctrine In The Wake Of Progressive Law: The Employment Handbook Exception Comment., Brian Kennington Lowry
The Vestiges Of The Texas Employment At-Will Doctrine In The Wake Of Progressive Law: The Employment Handbook Exception Comment., Brian Kennington Lowry
St. Mary's Law Journal
Under a traditional approach of the at-will rule, if an employer hires an employee for an indefinite term then the employer may terminate the employee at will. Modification of the at-will rule has gained widespread support throughout the country. A majority of states now follow the progressive view, which allows the employment manual to become part of the labor contract, thereby obligating employers to abide by manual provisions. The progressive view maintains that an employee’s continued service after an employer issues a manual, constitutes ample consideration to make the document binding. Once a court recognizes the existence of independent consideration, …
Public Utilities, Cathy Rider Culhane
Foreword., Editorial Board St. Mary's Law Journal
Foreword., Editorial Board St. Mary's Law Journal
St. Mary's Law Journal
Abstract Forthcoming.
The Best Evidence Article Of The Texas Rules Of Evidence., Olin Guy Wellborn Iii
The Best Evidence Article Of The Texas Rules Of Evidence., Olin Guy Wellborn Iii
St. Mary's Law Journal
Abstract Forthcoming.
Discovery And Sanctions For Discovery Abuse., Joe K. Longley, Mark L. Kincaid
Discovery And Sanctions For Discovery Abuse., Joe K. Longley, Mark L. Kincaid
St. Mary's Law Journal
Abstract Forthcoming.
A Primer On Trademarks And Service Marks., Lawrence E. Evans Jr.
A Primer On Trademarks And Service Marks., Lawrence E. Evans Jr.
St. Mary's Law Journal
Abstract Forthcoming.
The Historical Background Of Texas Water Law - A Tribute To Jack Pope., Hans W. Baade
The Historical Background Of Texas Water Law - A Tribute To Jack Pope., Hans W. Baade
St. Mary's Law Journal
Abstract Forthcoming.
Court-Sponsored Custody Mediation To Prevent Parental Kidnapping: A Disarmament Proposal Comment., Sue T. Bentch
Court-Sponsored Custody Mediation To Prevent Parental Kidnapping: A Disarmament Proposal Comment., Sue T. Bentch
St. Mary's Law Journal
Texas should implement a court-sponsored custody mediation plan to prevent parental kidnapping. Each day, hundreds of parents kidnap their own children. These kidnapped children are often the innocent victims of an escalating custody battle between parents. The magnitude of the parental kidnapping problem has forced Congress and the legislatures of the various states to address its possible solution. Congress and state legislatures implemented the Uniform Child Custody Jurisdiction Act, the Parental Kidnapping Prevention Act of 1980, state criminal laws, civil laws, and tort suits to address the problem. Unfortunately, these remedies only address the problem after the abduction has occurred. …
An Employer's Intentional Failure To Maintain A Safe Work Place Is Not An Intentional Act Unless The Employer Is Substantially Certain That Such Conduct Would Cause The Injury., David S. Goldberg
St. Mary's Law Journal
Abstract Forthcoming.
Cancellation Of Water Rights In Texas: Use It Or Lose It., R. Lambeth Townsend
Cancellation Of Water Rights In Texas: Use It Or Lose It., R. Lambeth Townsend
St. Mary's Law Journal
It is the constitutional duty of the State of Texas to conserve and develop the state’s water resources. Texas effectuates water conservation and utilization through its system of granting and administering rights for the beneficial use of the state’s water. The Supreme Court of Texas concluded the state can further conserve water by cancelling appropriations not beneficially used to the limit provided in the permit, certified filing, or certificate of adjudication. Cancellation of unused water rights enables the Water Commission to make water available for beneficial use by others. Only by the beneficial use of water can the state obtain …
United States V. Pend Oreille County P.U.D. No. 1: A Signal Conflict Between Equal Footing And Aboriginal Indian Title, Daniel H. Cole
United States V. Pend Oreille County P.U.D. No. 1: A Signal Conflict Between Equal Footing And Aboriginal Indian Title, Daniel H. Cole
Articles by Maurer Faculty
A summary judgment decision is ordinarily not casenote material. But the denial of summary judgment in Pend Oreille proved a significant victory to tribal bedlands claimants averting aboriginal rights. The decision allows tribes to avoid the presumption of state ownership of lands beneath navigable rivers, established by the Supreme Court in Montana v. United States, without proving conveyance by the federal government. Most importantly the Pend Oreille summary judgment decision illustrates the substantial flaws of the Montana rule.
Trial Court Jurisdiction And Control Over Judgments., David Peeples
Trial Court Jurisdiction And Control Over Judgments., David Peeples
St. Mary's Law Journal
Abstract Forthcoming.
Thinking About Federal Jurisdiction - Of Serpents And Swallows., Thomas E. Baker
Thinking About Federal Jurisdiction - Of Serpents And Swallows., Thomas E. Baker
St. Mary's Law Journal
Abstract Forthcoming.
The Continuing Voids In Texas Groundwater Law: Are Concepts And Terminology To Blame., Corwin W. Johnson
The Continuing Voids In Texas Groundwater Law: Are Concepts And Terminology To Blame., Corwin W. Johnson
St. Mary's Law Journal
Abstract Forthcoming.
Ownership Of Developed Water: A Property Right Threatened., Frank R. Booth
Ownership Of Developed Water: A Property Right Threatened., Frank R. Booth
St. Mary's Law Journal
Abstract Forthcoming.
Racketeer Influenced And Corrupt Organizations Act (Rico) - Maintenance Of A Private Civil Rico Action Does Not Require A Showing That The Defendant Has Been Criminally Convicted Of The Predicate Acts Nor That The Plaintiff Has Sustained A Racketeering Injury Distinct From The Alleged Predicate Acts., Ruth E. Greenfield
St. Mary's Law Journal
Abstract Forthcoming.
Environmental Significance Of Instream Flows., James W. Johnston
Environmental Significance Of Instream Flows., James W. Johnston
St. Mary's Law Journal
Abstract Forthcoming.
The Profession As A Moral Teacher Legal Essay., Thomas Shaffer
The Profession As A Moral Teacher Legal Essay., Thomas Shaffer
St. Mary's Law Journal
Abstract Forthcoming.