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Articles 781 - 810 of 1409
Full-Text Articles in Environmental Law
Regulation Fd: Sec Reestablishes Enforcement Capabilities Over Selective Disclosure., John P. Jennings
Regulation Fd: Sec Reestablishes Enforcement Capabilities Over Selective Disclosure., John P. Jennings
St. Mary's Law Journal
This Recent Development focuses on the potential effects Regulation Fair Disclosure (FD) will have on the participants in the American capital market and on the stock markets themselves. Congress and the Securities Exchange Commission (SEC) seek to achieve confidence in the integrity and fairness of the American stock market and protection of investors from fraud by promoting equal opportunities for investors. In order to maintain a competitive edge, vis-à-vis its foreign counterparts, the United States must continually refine its financial systems to maximize fairness and integrity. This Recent Development focuses on selective disclosure—allowing a limited segment of investors access to …
Reining In Property Owners' Associations' Power: Texas's Need For A Comprehensive Plan., Karen Ellert Pena
Reining In Property Owners' Associations' Power: Texas's Need For A Comprehensive Plan., Karen Ellert Pena
St. Mary's Law Journal
Abstract Forthcoming.
The Spanish Predominant Language Ordinance: Is Spanish On The Way In And English On The Way Out., Adriana Resendez
The Spanish Predominant Language Ordinance: Is Spanish On The Way In And English On The Way Out., Adriana Resendez
St. Mary's Law Journal
El Cenizo's Spanish language ordinance is likely to survive a constitutional challenge. The City Council of El Cenizo’s Spanish language ordinance, however, has generated a significant amount of controversy in the United States. The ordinance stipulates that all city council meetings will be made in the city’s predominant language—Spanish. Critics argue that the ordinance has made Spanish the official language. Critics also argue that the ordinance is discriminatory toward English speakers. English only advocacy groups, such as English First and U.S. English, argue that the ordinance will create a trend across the United States of immigrants refusing to embrace an …
Heci V. Neel: Application Of The Discovery Rule To Damages Arising Out Of Oil And Gas Leases., L. Melanie Martin
Heci V. Neel: Application Of The Discovery Rule To Damages Arising Out Of Oil And Gas Leases., L. Melanie Martin
St. Mary's Law Journal
Texas landowners face a heavy burden in bringing claims for damages arising out of inherently undiscoverable damages to mineral estates because the statute of limitations starts at the time of injury rather than the time of discovery. Previously, courts adopted the discovery rule as an exception to the statute of limitations, effectively stalling the starting point of the statute of limitations. A two-pronged threshold inquiry is held before the application of the discovery rule. First, the court must determine if the injury is inherently undiscoverable or not detected despite the use of due diligence. Secondly, there must be objectively verifiable …
Whither The Texas Tort Claims Act: What Remains After Official Immunity., J. Bonner Dorsey
Whither The Texas Tort Claims Act: What Remains After Official Immunity., J. Bonner Dorsey
St. Mary's Law Journal
Abstract Forthcoming.
Has The Fog Cleared - Attorney Work Product And The Attorney-Client Privilege: Texas's Complete Transition Into Full Protection Of Attorney Work In The Corporate Context., Fred A. Simpson
St. Mary's Law Journal
The following discussion in this Article fills the gaps in the substantive rules surrounding the attorney work product doctrine and the attorney-client privilege, thereby encouraging practitioners to utilize these tools more freely. Initially, the attorney-client privilege contemplated application only to individuals. As the rule developed in the United States, however, the scope of the privilege broadened until it included corporations. Since 1982, Texas has provided for the attorney-client privilege in Texas Rule of Civil Evidence 503.149. Notably, the Rule defined client in such a way as to include a corporation. Unlike the attorney-client privilege, the work product doctrine developed much …
No Taxation Without Realization: Srivastava V. Commissioner, The Fifth Circuit's Answer To Tax Treatment Of Attorney's Fees Under A Contingency Fee Agreement., Bernard J. Grant Iii
No Taxation Without Realization: Srivastava V. Commissioner, The Fifth Circuit's Answer To Tax Treatment Of Attorney's Fees Under A Contingency Fee Agreement., Bernard J. Grant Iii
St. Mary's Law Journal
Abstract Forthcoming.
Jury Erosion: The Effects Of Robinson, Havner, & (And) Gammill On The Role Of Texas Juries., Ricky J. Poole, Kimberly S. Keller
Jury Erosion: The Effects Of Robinson, Havner, & (And) Gammill On The Role Of Texas Juries., Ricky J. Poole, Kimberly S. Keller
St. Mary's Law Journal
Abstract Forthcoming.
Attorney Referral For Medical Treatment: A Wolf In Disguise., Martin J. Phipps
Attorney Referral For Medical Treatment: A Wolf In Disguise., Martin J. Phipps
St. Mary's Law Journal
Texas attorneys should be obligated to disclose whether they referred their client to a pre-selected physician. Plaintiff attorneys, however, have been allowed to withhold this information from the court arguing the information is privileged. The practice of using a pre-selected physician is unethical and unfairly prejudicial. If the attorney and physician have an agreement, the attorney is likely to send numerous clients to that specific physician in order to receive a discount. The physician in turn is likely to recommend medically unnecessary procedures in order to inflate money damages. Therefore, in order to prevent potential abuse between the attorney-physician relationship, …
Getting It Right From The Beginning: A Critical Examination Of Current Criminal Defense In Texas And Proposal For A Statewide Public Defender System., Rebecca Copeland
Getting It Right From The Beginning: A Critical Examination Of Current Criminal Defense In Texas And Proposal For A Statewide Public Defender System., Rebecca Copeland
St. Mary's Law Journal
Abstract Forthcoming.
Religion In Public Schools: Let Us Pray - Or Not., Carolyn Hanahan, David M. Feldman
Religion In Public Schools: Let Us Pray - Or Not., Carolyn Hanahan, David M. Feldman
St. Mary's Law Journal
This Essay addresses judicial interpretation and application of the religious protections of students in public schools. Part II addresses the evolution of the law governing prayer in public schools, including the creation of judicial tests utilized in determining whether a school district has impeded the rights of students in the area of religion. Part III examines the application of these tests to various activities, including a discussion of the disparity in judicial interpretation with respect to the permissibility of prayer at public school functions. This Essay concludes with a discussion analyzing the effect of the recent United States Supreme Court …
Those Dangerous Student Prayers., Kelly J. Coghlan
Those Dangerous Student Prayers., Kelly J. Coghlan
St. Mary's Law Journal
Abstract Forthcoming.
Parental Rights In The Twenty-First Century: Parents As Full Partners In Education., Linda L. Schlueter
Parental Rights In The Twenty-First Century: Parents As Full Partners In Education., Linda L. Schlueter
St. Mary's Law Journal
Abstract Forthcoming.
Interpreting Mineral And Royalty Deeds: The Legacy Of The One-Eighth Royalty And Other Stories., Laura H. Burney
Interpreting Mineral And Royalty Deeds: The Legacy Of The One-Eighth Royalty And Other Stories., Laura H. Burney
St. Mary's Law Journal
Mineral and royalty deeds are notoriously difficult to interpret. Courts complicate the interpretive process in at least two ways. First, they produce opinions that fail to appreciate and explain unique oil and gas concepts. Second, they render deed records unreliable. A variety of title problems flow from this instability. However, a common trait is frequently encountered: the influence of the one-eighth royalty provision typically used for decades in oil and gas leases. Unfortunately, courts have failed to acknowledge this influence. For this reason, title litigation will continue to loom under the legacy of the one-eighth royalty, and title examiners will …
Internet Property Rights: E-Trespass., John D. Saba Jr.
Internet Property Rights: E-Trespass., John D. Saba Jr.
St. Mary's Law Journal
Plaintiffs whose Internet property rights were violated have depended on the common law tort of trespass to chattels. Plaintiffs in Thrifty-Tel, Inc. v. Bezenek and CompuServe Inc. v. Cyber Promotions, Inc. successfully argued defendants trespassed their chattels. In Thrifty-Tel, defendants hacked into plaintiff’s system to obtain long-distance access codes. The court reasoned that electronic signals were tangible and indirect interference in the form of electronic trespass could support a claim for trespass to chattels. In CompuServe Inc., defendants used plaintiff's internet server to send out mass emails to plaintiff’s clients. The court upheld a permanent injunction holding that electronic signals …
Nov. 2. 2000, Cao, Progress Report, Office Of Cao, Power Point, Cao
Nov. 2. 2000, Cao, Progress Report, Office Of Cao, Power Point, Cao
CAO General 1999-Present
No abstract provided.
October 2000, Ciel, Handbook On The Office Of The Compliance Advisor Ombudsman , Draft, Center For International Environmental Law
October 2000, Ciel, Handbook On The Office Of The Compliance Advisor Ombudsman , Draft, Center For International Environmental Law
CAO General 1999-Present
No abstract provided.
June. 26. 2000, Cao, Information Dissemination And Communications Strategy, Dft (Annotated C.Saladin), Cao
CAO General 1999-Present
No abstract provided.
June. 15. 2000, Cao, Strategic Plan For The Office Of Ifc, Mga, Draft, Cao
June. 15. 2000, Cao, Strategic Plan For The Office Of Ifc, Mga, Draft, Cao
CAO General 1999-Present
No abstract provided.
March 9, 2000, Cao, Discussion Paper For Roundtable Meeting, Cao
March 9, 2000, Cao, Discussion Paper For Roundtable Meeting, Cao
CAO General 1999-Present
No abstract provided.
March. 9. 2000, Cao, Revised Agenda For Roundtable On Cao Guidelines, Cao
March. 9. 2000, Cao, Revised Agenda For Roundtable On Cao Guidelines, Cao
CAO General 1999-Present
No abstract provided.
March 9, 2000, Cao, Brief For Participants In Cao Roundtable On Draft Operational Guidelines, Meg Taylor
March 9, 2000, Cao, Brief For Participants In Cao Roundtable On Draft Operational Guidelines, Meg Taylor
CAO General 1999-Present
No abstract provided.
March 8, 2000, Cao, Responses On Draft Cao Operational Guidelines Incorporated In Matrix (List Of Comments), Draft, Cao
CAO General 1999-Present
No abstract provided.
Feb. 10. 2000, Draft Comments From S. Langdon, Project Underground, Dft Comments On Cao Operational Guidelines, Shanna Langdon
Feb. 10. 2000, Draft Comments From S. Langdon, Project Underground, Dft Comments On Cao Operational Guidelines, Shanna Langdon
CAO General 1999-Present
No abstract provided.
Feb. 2000, Cao-Comments On The Operational Guidelines For The Office Of The Compliance Advisor Ombudsman, Marcos A. Orellana Cruz
Feb. 2000, Cao-Comments On The Operational Guidelines For The Office Of The Compliance Advisor Ombudsman, Marcos A. Orellana Cruz
CAO General 1999-Present
No abstract provided.
Feb. 2000, Oxfam Uk, Comments On The Draft Cao Operating Guidelines, P. Feeney, Patricia Feeney
Feb. 2000, Oxfam Uk, Comments On The Draft Cao Operating Guidelines, P. Feeney, Patricia Feeney
CAO General 1999-Present
No abstract provided.
Much Ado About Spam: Unsolicited Advertising, The Internet, And You., Scot M. Graydon
Much Ado About Spam: Unsolicited Advertising, The Internet, And You., Scot M. Graydon
St. Mary's Law Journal
Internet users need protection from unsolicited commercial emails (UCEs), and this protection should come from federal legislation. Despite seventeen states having passed some sort of legislation regulating UCEs, this is insufficient to protect Internet users from UCEs. State laws are not uniformed and UCEs frequently cross state lines. Internet advertisers prefer commercial emails because of the ability to market to millions of consumers at a low cost. Consumers, however, suffer delays to their Internet access because of the amount of data UCEs accumulate, and in some cases may have to pay additional fees if they exceed the data limits of …
A Holy Mess: School Prayer, The Religious Freedom Restoration Act Of Texas, And The First Amendment., David S. Stolle
A Holy Mess: School Prayer, The Religious Freedom Restoration Act Of Texas, And The First Amendment., David S. Stolle
St. Mary's Law Journal
In Employment Division, Department of Human Resources of Oregon v. Smith, the U.S. Supreme Court held the traditional compelling state interest standard for Free Exercise Clause jurisprudence should be replaced by a new test requiring a statute or government action to be facially neutral and generally applicable. In response to Smith, Congress, relying on its Enforcement Clause powers under the Fourteenth Amendment, attempted to resurrect the compelling state interest standard by passing the Religious Freedom of Restoration Act (RFRA). In June 1999, the Texas legislature passed the Texas Religious Freedom Restoration Act (TRFRA). This Comment argues the TRFRA is unnecessary …
Texas Workers' Compensation: A Ten-Year Survey - Strengths, Weaknesses, And Recommendations., Phil Hardberger
Texas Workers' Compensation: A Ten-Year Survey - Strengths, Weaknesses, And Recommendations., Phil Hardberger
St. Mary's Law Journal
The present Texas Workers’ Compensation system began development in January of 1989 and has been in effect since 1991. Texas is the only state in which workers’ compensation coverage is optional. Alternative benefits plans are provided in some cases; however, many injured workers receive less than they would under the Texas Workers’ Compensation system. The current system uses supplemental income benefits (SIBs), meaning injured workers can be cut off from benefits if they are less than 15% impaired, and the maximum time to appeal each case is ninety days (Rule 130.5(e)). The 71st Texas Legislature focused on decreasing attorney involvement …
Creative Sanctions For Discovery Abuse In Texas., Travis C. Headley
Creative Sanctions For Discovery Abuse In Texas., Travis C. Headley
St. Mary's Law Journal
Creative sanctions are necessary to deter litigants from abusing the discovery process. Under both the Federal Rules of Civil Procedure and the Texas Rules of Civil Procedure, creative sanctions are allowed and within a judge’s discretion. Federal Rule of Civil Procedure 37 and Texas Rule of Civil Procedure 215 provide judges a non-exhaustive list of available sanctions to deter abusive discovery practices. Nonetheless, discovery abuse has continued to escalate, and limited precedence exists in the field despite the increased use of sanctions. An unprecedented creative sanction was imposed by Judge Brotman of the District Court for the Virgin Islands. On …