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Full-Text Articles in Law
Low Bono Legal Counsel: Closing The Access To Justice Gap By Providing The Middle Class With Affordable Attorneys., Steven A. Krieger
Low Bono Legal Counsel: Closing The Access To Justice Gap By Providing The Middle Class With Affordable Attorneys., Steven A. Krieger
The Scholar: St. Mary's Law Review on Race and Social Justice
The middle class is often underserved when it comes to retaining legal services. Individuals at or below poverty level qualify for pro bono services, and the wealthy have the resources to pay. Federal funding for free legal assistance is distributed by the Legal Services Corporation (LSC). Unfortunately for the middle class, funds are limited and are used primarily for pro bono services. Funding from Congress is unlikely to increase because the allocation of funds is dependent on the federal poverty guidelines. Relying on the federal guidelines is erroneous because the guidelines have not been updated since the 1960s, and therefore …
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 …