Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- St. Mary's University (828)
- American University Washington College of Law (211)
- Seattle University School of Law (195)
- University of New Mexico (32)
- Villanova University Charles Widger School of Law (20)
-
- William & Mary Law School (11)
- University of Michigan Law School (9)
- Vanderbilt University Law School (9)
- BLR (8)
- Maurer School of Law: Indiana University (8)
- Pace University (8)
- City University of New York (CUNY) (6)
- Georgetown University Law Center (6)
- University of Maryland Francis King Carey School of Law (6)
- Yeshiva University, Cardozo School of Law (6)
- Brooklyn Law School (5)
- Columbia Law School (5)
- University of Arkansas, Fayetteville (5)
- University of Colorado Law School (5)
- University of Miami Law School (5)
- University of Richmond (5)
- University of Washington School of Law (5)
- SJ Quinney College of Law, University of Utah (4)
- Schulich School of Law, Dalhousie University (4)
- Cleveland State University (3)
- Pepperdine University (3)
- University of Georgia School of Law (3)
- University of Southern Maine (3)
- California Polytechnic State University, San Luis Obispo (2)
- Northwestern Pritzker School of Law (2)
- Keyword
-
- St. Mary’s Law Journal (395)
- St. Mary’s University School of Law (385)
- Inc. (73)
- Student comment (46)
- Texas (38)
-
- Environmental law (34)
- Texas Supreme Court (34)
- Climate change (23)
- Public health (23)
- Fourteenth Amendment (22)
- Environmental Law (21)
- Negligence (20)
- Regulation (20)
- Jr. (19)
- Texas Constitution (19)
- EPA (18)
- First Amendment (18)
- Health (18)
- Law (18)
- Due Process Clause (17)
- Equal Protection Clause (16)
- Legal malpractice (16)
- Sixth Amendment (16)
- Environmental justice (15)
- Criminal law (14)
- Environment (14)
- Due process (13)
- Environmental Protection Agency (13)
- Liability (13)
- U.S. Const. amend. XIV (13)
- Publication Year
- Publication
-
- St. Mary's Law Journal (827)
- Sustainable Development Law & Policy (199)
- Seattle University Law Review (189)
- Water Matters! (32)
- Villanova Environmental Law Journal (1991 - ) (19)
-
- William & Mary Environmental Law and Policy Review (10)
- Faculty Scholarship (8)
- Scholarly Articles in Law Reviews & Journals (8)
- Indiana Law Journal (6)
- Publications and Research (6)
- Vanderbilt Law School Faculty Publications (6)
- ExpressO (5)
- Georgetown Law Faculty Publications and Other Works (5)
- Journal of Food Law & Policy (5)
- University of Richmond Law Review (5)
- Articles, Book Chapters, & Popular Press (4)
- Elisabeth Haub School of Law Faculty Publications (4)
- Michigan Law Review (4)
- Publications (4)
- American Indian Law Journal (3)
- Articles (3)
- Brooklyn Journal of International Law (3)
- George Mason University School of Law Working Papers Series (3)
- Journal of the National Association of Administrative Law Judiciary (3)
- Maine Collection (3)
- Michigan Journal of Environmental & Administrative Law (3)
- Pace Environmental Law Review (3)
- Seattle Journal of Technology, Environmental, & Innovation Law (3)
- Utah Law Faculty Scholarship (3)
- American University Law Review (2)
- Publication Type
Articles 601 - 630 of 1459
Full-Text Articles in Environmental Law
New Oil And Old Laws: Problems In Allocation Of Production To Owners Of Non-Participating Royalty Interests In The Era Of Horizontal Drilling., Benjamin Holliday
New Oil And Old Laws: Problems In Allocation Of Production To Owners Of Non-Participating Royalty Interests In The Era Of Horizontal Drilling., Benjamin Holliday
St. Mary's Law Journal
Oil and gas exploration and production is not only a big business, it is also an expensive one. As with any business, when faced with competing alternatives, operators generally prefer to pursue exploration in areas with more stable and predictable legal environments. Efforts have previously been made to make Texas such an environment, but as technology advances, legal rules often become unclear in their application. The explosion in horizontal drilling activity is challenging the courts and the Texas Railroad Commission to apply and adapt traditional legal and regulatory concepts to horizontal wells. The growing dominance of horizontal well development is …
Plugging The School-To-Prison Pipeline By Improving Behavior And Protecting Core Judicial Functions: A Constitutional Crisis Looms., Patrick S. Metze
Plugging The School-To-Prison Pipeline By Improving Behavior And Protecting Core Judicial Functions: A Constitutional Crisis Looms., Patrick S. Metze
St. Mary's Law Journal
The consolidation of the Texas Youth Commission (TYC) and the Texas Juvenile Probation Commission (TJPC) into the Texas Juvenile Justice Department (TJJD) in 2011, produced a unified state juvenile justice agency to promote public safety first and to produce positive outcomes for youth, families, and communities second. As Professor Metze’s second paper discussing ways to effect a change in the School-to-Prison Pipeline, he first highlights the progress of TJJD’s use of Positive Behavioral Interventions and Supports (PBIS) in the Texas juvenile correctional context as continued evidence that such techniques, if effective in the correctional setting, will certainly work in the …
Texas Legislative Implications For Minors Accused Of Sexting., Mallory N. Myers
Texas Legislative Implications For Minors Accused Of Sexting., Mallory N. Myers
St. Mary's Law Journal
State legislation criminalizing sexting—the possession or electronic transmission of visual material capturing a minor engaged in sexual conduct—should not punish minors similarly to adults. The Adam Walsh Child Protection and Safety Act of 2006 (Walsh Act) in conjunction with the Sex Offender Registration & Notification Act (SORNA), require that any individual, including a minor, convicted of child pornography register as a sex offender. As a result, states with legislation that categorize sexting as child pornography, will require a minor with a sexting conviction to register as a sex offender. This disportionate punishment on the minor will make it difficult for …
Water Can Be For Drinking Again: Economic And Collaborative Solutions To A Texas Water Fight., Aaron Culp
Water Can Be For Drinking Again: Economic And Collaborative Solutions To A Texas Water Fight., Aaron Culp
St. Mary's Law Journal
Abstract Forthcoming.
The Co-Author Prenup., David A. Schlueter
The Co-Author Prenup., David A. Schlueter
St. Mary's Law Journal
Producing a book or article with co-authors is not an easy task. There are six potential issues one might consider before deciding to co-author a book or article. First, do you really want to be a co-author? Second, how many co-authors are going to be involved in the project? Having more than one co-author can make the departure of a co-author less of an issue, but each co-author needs to have a clearly defined role. Third, what role will each member of the team perform and what are those roles? Fourth, what should the co-author “marriage” look like? Multiple scenarios …
Secured Transaction History: Protecting Holmes' Notes Through The Conditional Sales Acts., George Lee Flint Jr.
Secured Transaction History: Protecting Holmes' Notes Through The Conditional Sales Acts., George Lee Flint Jr.
St. Mary's Law Journal
The historical explanation for the adoption of the conditional sales acts is woefully lacking. How and why the first conditional sales acts arose are investigated. Grant Gilmore, when presenting his theory, confessed ignorance concerning the origins of the conditional sale transaction, first known as Holmes’ notes. The failure of traditional legal historians to explain the passage of the conditional sales acts encourages inquiry into their legislative history to find an explanation. Pre-Act American decisions provide clues regarding the ratification of the acts. The courts provided three explanations for their passage: to treat the conditional sale as a chattel mortgage, to …
The South Texas Drought And The Future Of Groundwater Use For Hydraulic Fracturing In The Eagle Ford Shale., Taelor A. Allen
The South Texas Drought And The Future Of Groundwater Use For Hydraulic Fracturing In The Eagle Ford Shale., Taelor A. Allen
St. Mary's Law Journal
Texas has undergone a succession of historic droughts, each one creating unique problems and controversies. The state is also one of the largest national producers of oil and gas with the Eagle Ford Shale fields contributing to the production boom. The technique used to extract the oil is called hydraulic fracturing, which requires large volumes of water to be injected at high pressures to “frac” and release gas from an underground formation. The amount of water required places even greater strain on the regional water supply. This Comment highlights legal issues raised by the high volumes of groundwater used for …
A Custom Fit: Tailoring Texas Civil Jury Selection Procedures To Case Tiers., Jarod S. Gonzalez
A Custom Fit: Tailoring Texas Civil Jury Selection Procedures To Case Tiers., Jarod S. Gonzalez
St. Mary's Law Journal
Citizens serving on a civil jury are entrusted with making factual decisions about disputes that impact legal rights and remedies of litigants and set standards for the behavior of the public. Unfortunately, civil jury trials take place less frequently in twenty-first century Texas than in prior eras. Part of the justice system’s rejuvenation should involve a re-evaluation and improvement of the current process for selecting civil juries. Currently, the primary flaw in Texas jury selection procedures is the one-size-fits-all approach. Because some cases need twelve impartial jurors who are lay persons, and others require twelve people who are knowledgeable of …
Expanding Protective Order Coverage., Kellie K. Player
Expanding Protective Order Coverage., Kellie K. Player
St. Mary's Law Journal
The Texas legislature should eliminate the relationship requirement for a protective order. Although the Texas legislature passed the Kristy Appleby Act, which expanded the definition of dating violence, some victims of domestic violence may still be unable to qualify for a protective order. Specifically, some third-party individuals in a love triangle may not be eligible to receive a protective order. In Texas, a potential or current victim of domestic abuse needs to demonstrate a relationship with the perpetrator. Despite the broadened definition of relationship, some potential victims may still be unable to meet this burden. If the person cannot, they …
The Double Irish Sandwich: Reforming Overseas Tax Havens., Stephen C. Loomis
The Double Irish Sandwich: Reforming Overseas Tax Havens., Stephen C. Loomis
St. Mary's Law Journal
Abstract Forthcoming.
Appropriate Testing And Resolution: How To Determine Whether Appropriation Art Is Transformative Fair Use Or Merely In Unauthorized Derivative., Eric D. Gorman
Appropriate Testing And Resolution: How To Determine Whether Appropriation Art Is Transformative Fair Use Or Merely In Unauthorized Derivative., Eric D. Gorman
St. Mary's Law Journal
This Article addresses the copyright concerns in appropriation art today and concludes that copyright law should be amended to address the complex issues found in this area of the law. Part II provides a background on appropriation art and the different facets of copyright law, including the doctrine of fair use. Part III analyzes whether appropriation art can even be considered “fair use” under the current exceptions of copyright infringement. Part IV discusses various legal tests to determine whether appropriation art that utilizes copyrighted material can exercise the doctrine of fair use against alleged copyright infringement. It also proposes a …
Genealogies Of Risk: Searching For Safety, 1930s-1970s, William Boyd
Genealogies Of Risk: Searching For Safety, 1930s-1970s, William Boyd
Publications
Health, safety, and environmental regulation in the United States are saturated with risk thinking. It was not always so, and it may not be so in the future. But today, the formal, quantitative approach to risk provides much of the basis for regulation in these fields, a development that seems quite natural, even necessary. This particular approach, while it drew on conceptual and technical developments that had been underway for decades, achieved prominence during a relatively short timeframe; roughly, between the mid-1970s and the early 1980s--a time of hard looks and regulatory reform. Prior to this time, formal conceptions of …
Will Contests: From Start To Finish., Joyce Moore
Will Contests: From Start To Finish., Joyce Moore
St. Mary's Law Journal
This Article primarily focuses on the practical problems facing attorneys and courts when evaluating and proving up a will or trust in contested cases. The focus extends further into the special procedural and evidentiary rules applicable to these actions, the use and misuse of summary judgment proceedings in these cases, and some observations regarding developing trends and strategies in will and trust contest litigation. Admittedly, this area of practice is a melting pot of presumptions, exceptions, threshold hurdles, capacity qualms, evidentiary issues, strategic clauses, and countless other headache-inducing legal issues. Yet, attorneys must diligently juggle all of them while also …
Due Process And Local Administrative Hearings Regulating Public Nuisances: Analysis And Reform., Alex Cameron
Due Process And Local Administrative Hearings Regulating Public Nuisances: Analysis And Reform., Alex Cameron
St. Mary's Law Journal
Abstract Forthcoming.
A Judicial And Economic Analysis Of Attorney's Fees In Trust Litigation And The Resulting Inequitable Treatment Of Trust Beneficiaries., Charles Epps Ipock
A Judicial And Economic Analysis Of Attorney's Fees In Trust Litigation And The Resulting Inequitable Treatment Of Trust Beneficiaries., Charles Epps Ipock
St. Mary's Law Journal
Abstract Forthcoming.
Removal Of Independent Executors: Examining The Standard In Texas After The Addition Of Material Conflict Of Interest To Section 149c Of The Texas Probate Code., Elizabeth R. Kopecki
Removal Of Independent Executors: Examining The Standard In Texas After The Addition Of Material Conflict Of Interest To Section 149c Of The Texas Probate Code., Elizabeth R. Kopecki
St. Mary's Law Journal
The State of Texas permits independent executors to operate with minimal court supervision. This allows executors to administer an estate with as little cost and delay as possible. Sometimes executors abuse this limited supervision and fail to manage estates properly. Fortunately, there are particular circumstances outlined in the Texas Probate Code which allow courts to step in and remove these harmful executors. Since the adoption of section 149C to the Texas Probate Code, grounds for removal have remained relatively specific. Recently, the legislature has added a new ground: “material conflict of interest.” Though no bright-line rule exists, there is precedent …
Inheritance Rights Of Posthumously Conceived Children In Texas Comment., Allison Stewart Ellis
Inheritance Rights Of Posthumously Conceived Children In Texas Comment., Allison Stewart Ellis
St. Mary's Law Journal
The Texas Legislature should update its legislation pertaining to posthumously conceived children. More than 20,000 children are born from artificial insemination each year, some of whom are conceived following their father’s death. Whether or not these children are entitled to a share in their father’s estate is a question for each state legislature. Many states have adopted a version of the Uniform Parentage Act (UPA). The UPA states that once paternity of a posthumously conceived child is established, the child is entitled to inherit from the deceased’s estate. Texas has adopted the UPA in part and has added stringent requirements …
Consumer Bankruptcy Policy: Ability To Pay And Catholic Social Teaching Essay., Richard Flint
Consumer Bankruptcy Policy: Ability To Pay And Catholic Social Teaching Essay., Richard Flint
St. Mary's Law Journal
An essay is presented on consumer bankruptcy policy in the U.S. It informs about the significant changes in the consumer bankruptcy introduced by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 including incorporation of an ability-to-pay test as a requirement for getting the benefits of the act. It reviews the Catholic social teaching related to the interrelationship between the dignity of man and his rights and duties to promote justice and the common good.
In-House But Out In The Cold: A Comparison Of The Attorney-Client Privilege In The United States And European Union Comment., Andrew R. Nash
In-House But Out In The Cold: A Comparison Of The Attorney-Client Privilege In The United States And European Union Comment., Andrew R. Nash
St. Mary's Law Journal
Abstract Forthcoming.
Can Immune Parties Really Be Responsible: An Analysis Of The Current Interpretation Of The Texas Responsible Third Party Statute And Its Vulnerability To Constitutional Challenge., Justin C. Roberts, Randell Roberts
Can Immune Parties Really Be Responsible: An Analysis Of The Current Interpretation Of The Texas Responsible Third Party Statute And Its Vulnerability To Constitutional Challenge., Justin C. Roberts, Randell Roberts
St. Mary's Law Journal
The Texas Responsible Third Party (RTP) statute was amended in 2003 to give defendants the opportunity to have the jury apportion responsibility for the plaintiff’s damages to persons who were not joined in the lawsuit. A defendant could achieve this result by designating a “responsible third party.” Plaintiffs may often join responsible third parties as additional defendants. Under such situations, all culpable parties are before the court, defending themselves, and accountable to the plaintiff for their percentage of responsibility. When the statute worked in this fashion it achieved “a carefully constructed scheme balancing the interests of both defendants and claimants.” …
Marsh Usa Inc. V. Cook: One Final Step Away From Light., Michael D. Paul
Marsh Usa Inc. V. Cook: One Final Step Away From Light., Michael D. Paul
St. Mary's Law Journal
Abstract Forthcoming.
Texas's Spoliation Presumption., Rebecca Simmons, Michael J. Ritter
Texas's Spoliation Presumption., Rebecca Simmons, Michael J. Ritter
St. Mary's Law Journal
Abstract Forthcoming.
Administrative Procedure For The Twenty-First Century: An Introduction To The 2010 Model State Administrative Procedure Act., John Gedid
St. Mary's Law Journal
The National Conference of Commissioners on Uniform State Laws (ULC) approved the Revised Model State Administrative Procedure Act (2010 MSAPA) in 2010. The model state administrative procedure acts (APA) have been one of the most successful endeavors of the ULC. They have played a major role in encouraging states to incorporate concepts of fairness into state agency procedure statutes and to make express provisions for judicial review of administrative action. Those states that adopted the model acts accomplished fairness goals while bringing efficiency and accuracy into the state administrative process. By providing an overview of the Act’s new features, this …
War Powers Pursuant To False Perceptions And Asymmetric Information In The Zone Of Twilight., Robert Bejesky
War Powers Pursuant To False Perceptions And Asymmetric Information In The Zone Of Twilight., Robert Bejesky
St. Mary's Law Journal
Abstract Forthcoming.
"Introduction" (Chapter 1) Of Stories About Science In Law: Literary And Historical Images Of Acquired Expertise (Ashgate 2011), David S. Caudill
"Introduction" (Chapter 1) Of Stories About Science In Law: Literary And Historical Images Of Acquired Expertise (Ashgate 2011), David S. Caudill
Working Paper Series
This is the introductory chapter of Stories About Science in Law: Literary and Historical Images of Acquired Expertise (Ashgate, 2011), explaining that the book presents examples of how literary accounts can provide a supplement to our understanding of science in law. Challenging the view that law and science are completely different, I focus on stories that explore the relationship between law and science, and identify cultural images of science that prevail in legal contexts. In contrast to other studies on the transfer and construction of expertise in legal settings, the book considers the intersection of three interdisciplinary projects-- law and …
Population Health Through Inclusive Urban Planning: Healthier Communities And Sustainable Urban Development In Indian Cities, Shriya Malhotra
Population Health Through Inclusive Urban Planning: Healthier Communities And Sustainable Urban Development In Indian Cities, Shriya Malhotra
Sustainable Development Law & Policy
No abstract provided.
Mobile Phones: Reshaping The Flow Of Urban-To-Rural Remittances, Bethany Brown
Mobile Phones: Reshaping The Flow Of Urban-To-Rural Remittances, Bethany Brown
Sustainable Development Law & Policy
No abstract provided.
Out Of The Garden Of Eden: Moving Beyond The Rights-Based Agenda In The Urban Sector, Benjamin Bradlow
Out Of The Garden Of Eden: Moving Beyond The Rights-Based Agenda In The Urban Sector, Benjamin Bradlow
Sustainable Development Law & Policy
No abstract provided.
A Failure Of Conscience: How Pakistan’S Devastating Floods Compare To America’S Experience During Katrina, Oded Cedar
A Failure Of Conscience: How Pakistan’S Devastating Floods Compare To America’S Experience During Katrina, Oded Cedar
Sustainable Development Law & Policy
No abstract provided.
Cultivating Urban Forests Policies In Developing Countries, Janet A. Choi
Cultivating Urban Forests Policies In Developing Countries, Janet A. Choi
Sustainable Development Law & Policy
No abstract provided.