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Oil, Gas, and Mineral Law

2002

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Articles 61 - 67 of 67

Full-Text Articles in Law

Toward A More Effective Standard Of Review: The Potential Effect Of Burdine V. Johnson On Legal Malpractice In Texas., Rebecca A. Copeland Jan 2002

Toward A More Effective Standard Of Review: The Potential Effect Of Burdine V. Johnson On Legal Malpractice In Texas., Rebecca A. Copeland

St. Mary's Law Journal

If the presence of a sleeping attorney is so egregious as to result in a reversal of a criminal conviction, it is surely enough to warrant the imposition of civil damages upon the same attorney. A recent trend of cases in which criminal defendants alleged ineffective assistance of counsel—due to sleeping attorneys—resulted in courts being unable to create a uniform analysis for ineffective assistance of counsel. The Sixth Amendment protects a criminal defendant’s right to effective assistance of counsel, and the Supreme Court has devised a two-prong analysis by which claims of ineffective assistance must be reviewed. Burdine v. Johnson …


Proposed Conflict Of Interest And Confidentiality Rules., Luther H. Soules Iii Jan 2002

Proposed Conflict Of Interest And Confidentiality Rules., Luther H. Soules Iii

St. Mary's Law Journal

The Texas Supreme Court and the State Bar of Texas should fully adopt the proposals to the Rules of Professional Conduct 1.05–1.13 addressing attorney confidentiality and conflicts of interest. Historically, the Rules of Professional Conduct have set a floor which a lawyer may be subject to discipline, the Rules, however, do not offer bright lines for deciding questions of law, ethics, or fairness. Because the rules of professional responsibility in the legal industry are ambiguous in nature and often encumber a lawyer’s ability to effectively represent clients, the Texas Disciplinary Rules Committee recommends modification to the Rules of Professional Conduct …


Making Sense Of Pretext: An Analysis Of Evidentiary Requirements For Summary Judgment Litigants In The Fifth Circuit In Light Of Reeves V. Sanderson Plumbing Prodcuts, And A Proposal For Clarification., Eric S. Riester Jan 2002

Making Sense Of Pretext: An Analysis Of Evidentiary Requirements For Summary Judgment Litigants In The Fifth Circuit In Light Of Reeves V. Sanderson Plumbing Prodcuts, And A Proposal For Clarification., Eric S. Riester

St. Mary's Law Journal

Although the United States Supreme Court in Reeves v. Sanderson Plumbing Products, Inc. attempted to clarify the summary judgment landscape of Title VII employment discrimination cases, lower courts in the Fifth Circuit are still without guidance. Under Reeves, direct proof of discrimination is not required to defeat a motion for summary judgment as long as the circumstantial evidence allows a reasonable inference of discrimination. The required strength of the circumstantial evidence, however, remains a major issue in the Fifth Circuit. Since Reeves, the Fifth Circuit has not stated a uniform summary judgment standard, nor has it answered how much circumstantial …


Browning Oil Co. V. Luecke: Has Texas Illuminated A Dark Distinction Between Vertical And Horizontal Drilling., Stephen Taylor Dennis Jan 2002

Browning Oil Co. V. Luecke: Has Texas Illuminated A Dark Distinction Between Vertical And Horizontal Drilling., Stephen Taylor Dennis

St. Mary's Law Journal

Horizontal drilling technology continues to revitalize the oil and gas industry, however, many of the legal concepts governing oil and gas law have failed to keep pace. Recently, in Browning Oil Co. v. Luecke, the Third Court of Appeals of Texas dealt with the issue of whether an antidilution clause applied to both horizontal and vertical wells. The agreement between the parties did not contemplate the use of horizontal technology, however, the express language did not exclude horizontal technology. Because the agreement did not expressly exclude horizontal drilling, the court looked at the intent of the parties and ruled that …


A Mine Is A Terrible Thing To Waste: Past, Present And Future Reclamation Efforts To Correct The Environmentally Damaging Effects Of Coal Mines, A. Brooke Rubenstein, David Winkowski Jan 2002

A Mine Is A Terrible Thing To Waste: Past, Present And Future Reclamation Efforts To Correct The Environmentally Damaging Effects Of Coal Mines, A. Brooke Rubenstein, David Winkowski

Villanova Environmental Law Journal

No abstract provided.


Elimination Of The Depletion Deduction For Fossil Fuels, Wendy B. Davis Jan 2002

Elimination Of The Depletion Deduction For Fossil Fuels, Wendy B. Davis

Seattle University Law Review

This article argues that the depletion deduction provision is a misguided incentive that has been falsely analogized and justified, and it should be abolished in order to provide funds to protect and preserve the environment. The additional revenue generated should be used to encourage the development of renewable resources and to remediate the harm caused by the extraction and use of fossil fuels. Specifically, the depletion deduction for reduction in the supply of nonrenewable resources such as coal and oil should be eliminated to (1) ensure certain and equal treatment under the tax laws; (2) encourage development of renewable energy …


2001: A Royalty Odyssey, Owen Anderson Dec 2001

2001: A Royalty Odyssey, Owen Anderson

Owen L. Anderson

No abstract provided.