Law Commons^™

Second Amendment Challenges To Student Housing Firearms Bans: The Strength Of The Home Analogy, Michael L. Smith

Faculty Articles

Public colleges and universities or state governments often ban the possession of firearms on public university or college property. These bans typically extend to student housing. While much has been written about campus bans on the carrying of concealed firearms, the topic of gun bans in the student housing context has been largely unaddressed in Second Amendment literature. This Comment seeks to fill that gap by evaluating potential student challenges to firearms bans in the student housing context in light of potential standards of review courts may apply and in light of the U.S. Supreme Court's decisions in District of …

What Is The Matter With Antigone?, Emily A. Hartigan

Faculty Articles

No abstract provided.

Confronting The Myth Of State Court Class Action Abuses Through An Understanding Of Heuristics And A Plea For More Statistics, Patricia W. Moore

Faculty Articles

The Supreme Court heard six cases involving class actions this term. One of these cases, Standard Fire Insurance Company v. Knowles, brought the Class Action Fairness Act to the Court for the first time. Petitioner insurance company and its numerous business-interest amici repeatedly claimed before the Court that "state court class action abuses" justified removal of the case (which was based on state law and filed in state court) to federal court.

The charge of a "flood" of "abusive state court class actions" echoed the same rhetoric that CAFA's supporters used a decade ago in their ultimately successful efforts to …

Lafler And Frye: A New Constitutional Standard For Negotiation, Rishi Batra

Faculty Articles

The Sixth Amendment guarantees "[i]n all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defense." In 1984, the Supreme Court in Strickland v. Washington established the standard for ineffective assistance of counsel that is a violation of this right. In a pair of decisions handed down in 2012, Lafler v. Cooper and Missouri v. Frye the Supreme Court extended the holding in Strickland to cover ineffective assistance by defense counsel in the plea-bargaining phase. Recognizing that pleas account for ninety-five percent of all criminal convictions, the court stated that "the negotiation …

Oil, Gas, And Mineral Titles: Resolving Perennial Problems In The Shale Era, Laura H. Burney

Faculty Articles

Mineral deeds present a list of perennial interpretative problems, which create uncertainty about ownership rights in mineral estates and the proceeds from the sale of oil and gas production. Consequently, the following issues arise: (1) deeds with conflicting fractions; (2) the “mineral or royalty” question; (3) the application of the common law “rule against perpetuities” to non-participating royalties, a common interest in the oil patch; (4) the meaning of “minerals”—does it include oil and gas?; (5) the executive’s duty to lease; and (6) deed interpretation versus “reformation.”

States with long histories of production and case law have grappled with several …

The Promise Of Things To Come: Anticipatory Warrants In Texas, Gerald S. Reamey

Faculty Articles

While the U.S. Supreme Court has settled the question of the constitutionality of anticipatory search warrants, Texas has no statutory provision regulating the issuance of such warrants. Similarly, state appellate courts have contributed almost nothing to the question of whether such warrants are acceptable under Texas procedural law or, if they are, under what circumstances. As the use of such warrants grows in the state, these issues require attention. This article begins that discussion, reviewing existing law and proposing interpretations of current statutes as well as proposing others.