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- St. Mary’s Law Journal (23)
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Articles 1 - 30 of 52
Full-Text Articles in Law
Federal Agency Management Plans Are Ongoing Actions Under Endangered Species Act's Section 7: Pacific Rivers Council V. Thomas And Northwest Forest Resources Council, Cheryl Bada
Natural Resources Journal
No abstract provided.
Arsenic And Old Lace: The Epa Should Not Have Approved A Water Quality Standard For Arsenic That Is Below Natural Background Levels In City Of Albuquerque V. Browner, Cyndi Mojtabal
Natural Resources Journal
No abstract provided.
State And Tribal Water Quality Standards Under The Clean Water Act: A Case Study, Denise D. Fort
State And Tribal Water Quality Standards Under The Clean Water Act: A Case Study, Denise D. Fort
Natural Resources Journal
No abstract provided.
The Evolution Of Water Rights, Anthony Scott, Georgina Coustalin
The Evolution Of Water Rights, Anthony Scott, Georgina Coustalin
Natural Resources Journal
No abstract provided.
The Unfunded Mandates Reform Act Of 1995: Where Will The New Federalism Take Environmental Policy, Denise D. Fort
The Unfunded Mandates Reform Act Of 1995: Where Will The New Federalism Take Environmental Policy, Denise D. Fort
Natural Resources Journal
No abstract provided.
Director, Owcp V. Greenwich Collieries: The End Of The True Doubt Rule, Allan Brown
Director, Owcp V. Greenwich Collieries: The End Of The True Doubt Rule, Allan Brown
West Virginia Law Review
No abstract provided.
Coal Royalty Valuation: The Federal Perspective, Bruce E. Mcgee
Coal Royalty Valuation: The Federal Perspective, Bruce E. Mcgee
West Virginia Law Review
No abstract provided.
Is The Doctor Hostile--Obstructive Impairments And The Hostility Rule In Federal Black Lung Claims, Timothy F. Cogan
Is The Doctor Hostile--Obstructive Impairments And The Hostility Rule In Federal Black Lung Claims, Timothy F. Cogan
West Virginia Law Review
No abstract provided.
Subjacent Support: A Right Afforded To Surface Estates Alone, Robert Louis Shuman
Subjacent Support: A Right Afforded To Surface Estates Alone, Robert Louis Shuman
West Virginia Law Review
No abstract provided.
Unique Nature Of The Coal Mining Industry--Are The Labor Law Rules Determining When Two Employers Should Be Treated As One Different For The Coal Industry, Forrest H. Roles
Unique Nature Of The Coal Mining Industry--Are The Labor Law Rules Determining When Two Employers Should Be Treated As One Different For The Coal Industry, Forrest H. Roles
West Virginia Law Review
No abstract provided.
Administrative And Private Searches For Smoking Articles Conducted Pursuant To The Federal Mine Safety And Health Act: Constitutional Considerations, David J. Hardy, Maris E. Mccambley
Administrative And Private Searches For Smoking Articles Conducted Pursuant To The Federal Mine Safety And Health Act: Constitutional Considerations, David J. Hardy, Maris E. Mccambley
West Virginia Law Review
No abstract provided.
Modification Of Benefits For Claimants Under The Federal Black Lung Benefits Program, Rita A. Massie
Modification Of Benefits For Claimants Under The Federal Black Lung Benefits Program, Rita A. Massie
West Virginia Law Review
No abstract provided.
America's Water: Federal Roles And Responsibilities, Denise D. Fort
America's Water: Federal Roles And Responsibilities, Denise D. Fort
Natural Resources Journal
No abstract provided.
Which Right Is Right: The Pueblo Water Rights Doctrine Meets Prior Appropriation, Pierre Levy
Which Right Is Right: The Pueblo Water Rights Doctrine Meets Prior Appropriation, Pierre Levy
Natural Resources Journal
No abstract provided.
Delimitation, Exploitation, And Allocation Of Transboundary Oil & Gas Deposits Between Nation-States, Thomas A. Reynolds
Delimitation, Exploitation, And Allocation Of Transboundary Oil & Gas Deposits Between Nation-States, Thomas A. Reynolds
ILSA Journal of International & Comparative Law
Liquid hydrocarbon deposits often extend across national frontiers in such a manner that an entire deposit may be exploited, wholly or in part, from either side of the boundary line. This "characteristic of liquid hydrocarbons has been a fundamental cause of disputes, conflicts, and even wars in many parts of the world.
Home Equity Reform In Texas Forum., Jerry Patterson
Home Equity Reform In Texas Forum., Jerry Patterson
St. Mary's Law Journal
Texas citizens should vote on home equity reform to be able to decide for themselves whether they desire the benefits of home equity borrowing. Texas is the only state in the nation that prohibits homeowners from using their home equity as they see fit such as to educate their children, to start or expand small businesses, or to enjoy their retirement years. Critics to home equity reform in Texas do not fully understand the scope of the amendments or the benefits that come with reform. The myth that equity loans would trigger an increase in foreclosure rates cannot be documented …
The Size Of A Government Body Is Not Subject To A Vote Dilution Challenge Under Section 2 Of The Voting Rights Act Of 1965., Peter J. Beverage
The Size Of A Government Body Is Not Subject To A Vote Dilution Challenge Under Section 2 Of The Voting Rights Act Of 1965., Peter J. Beverage
St. Mary's Law Journal
In Holder v. Hall, the Court held the size of a government body is not subject to a vote dilution challenge under Section 2 of the Voting Rights Act of 1965. The Act consists of two primary components, Sections 2 and 5, designed to eliminate and prevent subtle voting practices and procedures utilized to obstruct minority voter participation. Section 5 requires states with a history of discriminatory voting practices to obtain federal preclearance before changing a voting standard, practice, or procedure. Section 2 addresses the existing methods utilized to deny or abridge a citizen’s right to vote. In Holder, the …
Flow Control Ordinances That Require Disposal Of Trash At A Designated Facility Violate The Dormant Commerce Clause., Laura Gabrysch
Flow Control Ordinances That Require Disposal Of Trash At A Designated Facility Violate The Dormant Commerce Clause., Laura Gabrysch
St. Mary's Law Journal
In C & A Carbone, Inc. v. Town of Clarkstown, the Court held flow control ordinances that require disposal of trash at a designated facility violate the Dormant Commerce Clause. In the absence of congressional action, the Court has recognized—the Dormant Commerce Clause—restrictions on states’ ability to regulate interstate commerce. The Dormant Commerce Clause doctrine does not emanate directly from the Constitution, but instead flows from the body of Commerce Clause jurisprudence that has gained legitimacy throughout the years. In Carbone, the Court elevated the economic interests of one local waste processor over Clarkstown’s environmental and public protection. This type …
Oil And Gas Issues Involved In Cercla Reauthorization., Joseph R. Dancy, Victoria A. Dancy
Oil And Gas Issues Involved In Cercla Reauthorization., Joseph R. Dancy, Victoria A. Dancy
St. Mary's Law Journal
After several decades of environmental legislation, the regulated community faces an extremely complex and costly matrix of obligations and responsibilities. For industry in general, the most expensive environmental statute enacted has been the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). CERCLA created the Hazardous Substances Superfund (Superfund) and established retroactive liability for remediation of hazardous substance contamination. President Clinton admitted CERCLA does not work and even labelled the Superfund a “disaster.” Even though public and private entities have already spent twenty billion dollars on the CERCLA program since its inception, only around ten or twenty percent of …
Money Damages Versus Cleanup In Pollution Cases, L. Mark Walker, Dale E. Cottingham
Money Damages Versus Cleanup In Pollution Cases, L. Mark Walker, Dale E. Cottingham
Oklahoma Law Review
No abstract provided.
Robert Wilburn Calvert, The Prudentialist In Memoriam., L. Wayne Scott
Robert Wilburn Calvert, The Prudentialist In Memoriam., L. Wayne Scott
St. Mary's Law Journal
Abstract Forthcoming.
Chief Justice Calvert: Simple Rules Made Him Great In Memoriam., Jack Pope
Chief Justice Calvert: Simple Rules Made Him Great In Memoriam., Jack Pope
St. Mary's Law Journal
Abstract Forthcoming.
Capital Punishment: The Humanistic And Moral Issues Address., Helen Prejean
Capital Punishment: The Humanistic And Moral Issues Address., Helen Prejean
St. Mary's Law Journal
Death row reminds us that justice is not equal. Death sentences, opposed to being reserved for only the most heinous crimes, are generally related to the profile of the victim and identity of those most outraged by the crime. The majority of people on death row killed a white person, even though one-half of homicide victims in the United States are people of color. Because of this, and the fact that the law almost always sides with people of wealth and power, the death penalty works to compound societal trauma instead of healing or solving anything. The skewed and harmful …
Trying To Make Ends Meet: Reconciling The Law And Practice Of Human Rights Amnesties Symposium - Human Rights In The Americas - Commentary., Robert O. Weiner
Trying To Make Ends Meet: Reconciling The Law And Practice Of Human Rights Amnesties Symposium - Human Rights In The Americas - Commentary., Robert O. Weiner
St. Mary's Law Journal
The problem of amnesty for widespread human rights violations in the Americas illustrates the credibility gap in public international law. This Commentary reviews applicable standards and attempts to identify a minimum state response to past human rights violations. It also examines the question of amnesties, offers certain legal interpretations, and presents some criteria for an amnesty framework which might be reconcilable with the state’s international obligations. This Commentary’s aim is not to suggest amnesties are a proper response to the problem of past human rights abuses, however, it does acknowledge amnesties have so far been the most common response. It …
Foreigners On Texas's Death Row And The Right Of Access To A Consul Symposium - Human Rights In The Americas., S. Adele Shank, John Quigley
Foreigners On Texas's Death Row And The Right Of Access To A Consul Symposium - Human Rights In The Americas., S. Adele Shank, John Quigley
St. Mary's Law Journal
Foreign nationals arrested in the United States confront the disadvantage of mounting a criminal defense in several ways. In most cases, they are unfamiliar with U.S. customs, police policies, and criminal proceedings. Although U.S. courts strive to prevent bias against accused based on alienage, discrimination does occur. To minimize the disadvantages experienced by accused foreigners, international law guarantees the right of consular access. Under internationally accepted norms applicable in the United States, an accused foreigner is entitled to contact his home-state consult office for assistance. Furthermore, mere involvement of a consul may encourage local government to follow procedural norms and …
Can A Twenty-First Century Texas Tolerate Its Nineteenth Century Judicial Selection Process Commentary., Charles Bleil
Can A Twenty-First Century Texas Tolerate Its Nineteenth Century Judicial Selection Process Commentary., Charles Bleil
St. Mary's Law Journal
Judicial selection by popular election is no longer practical in Texas. Texans must question the adequacy of the Texas judicial selection process for the next century. The history of Texas has seen the implementation of various methods for selecting the judiciary. Initially, the creation of courts by the Republic of Texas’s Constitution required joint ballot of both houses of the Texas Congress to select judges. However, in 1876, Texas began holding elections for jurists by popular vote. This enactment was in response to the drafters’ desire to limit government intervention during the Reconstruction era. Although the suitability of popular election …
Chief Justice Calvert: Man Of Imperturable Integrity In Memoriam., Thomas M. Reavley
Chief Justice Calvert: Man Of Imperturable Integrity In Memoriam., Thomas M. Reavley
St. Mary's Law Journal
Abstract Forthcoming.
Shading Of America: Keynote Address Before The 1995 National Conference Of Law Reviews Address., Antonia Hernandez
Shading Of America: Keynote Address Before The 1995 National Conference Of Law Reviews Address., Antonia Hernandez
St. Mary's Law Journal
Abstract Forthcoming.
Appellate Review Of Criminal Cases In Texas., Ellen Bloomer Mitchell
Appellate Review Of Criminal Cases In Texas., Ellen Bloomer Mitchell
St. Mary's Law Journal
This Article guides Texas practitioners in effectively preparing and presenting criminal cases on appeal. Its primary focus concerns the standards of review appellate courts use in determining the merits of the issues raised before them and, equally important, proper preservation and presentation of those issues. This Article does not exhaust the matters which may be raised on appeal in a criminal case. Rather, it covers a variety of issues and errors commonly raised in the “ordinary” criminal appeal. Understanding and utilizing this information in the presentation of issues on appeal will help the practitioner direct the appellate court to find …
Federalism Revisited: The Supreme Court Resurrects The Notion Of Enumerated Powers By Limiting Congress's Attempt To Federalize Crime Comment., Larry E. Gee
St. Mary's Law Journal
This Comment argues the federal system must be preserved and the Supreme Court should build upon the interpretation of the Commerce Clause in United States v. Lopez to reinstate the Framers’ vision of federalism. The social justifications for the Court’s expansive construction of the Commerce Clause during the past sixty years no longer existed to justify the Gun-Free School Zones Act of 1990. Part II of this Comment traces the background of Commerce Clause jurisprudence, focusing on social justifications for traditional rubber stamping of Congress’s broad exercises of power. Part III reviews the Fifth Circuit’s reasoning in deeming the Gun-Free …