Environmental Law Commons^™

Writing In The Margins: Brennan, Marshall, And The Inherent Weaknesses Of Liberal Judicial Decision-Making Essay., Donna F. Coltharp

St. Mary's Law Journal

From 1967, when Thurgood Marshall took his seat as Supreme Court Justice, until 1990, when William Brennan, Jr. vacated his seat, the two Justices formed one of the most consistent liberal voting blocs in the history of the Court. Both Justices were judicial activists who labored in the tradition of Legal Realism. Although both Brennan and Marshall recognized the interpretation and application of the law as purposeful exercises, they differed in their approach to the task. Marshall, for instance, appealed to social consensus stating that his views were supported by society. Furthermore, Marshall strongly believed that the Constitution is a …

Abandoned Frozen Embryos And Texas Law Of Abandoned Personal Property: Should There Be A Connection Comment., Lynne M. Thomas

St. Mary's Law Journal

In vitro fertilization (“IVF”) has become almost commonplace in society. The widespread utilization of IVF and cryopreservation raises new questions with respect to ownership and disposition of embryos. This legal confusion may be addressed by either crafting specific regulations for that particular technology as its implications become apparent, or by applying current law. IVF first began in Great Britain, and the British Parliament passed a law mandating destruction of abandoned frozen embryos five years after cryopreservation. Destruction of the embryos potentially caused the loss of reproduction capability for those persons whose embryos were destroyed. While the number of abandoned frozen …

Franklin S. Spears: A Proud Legacy To Texas Jurisprudence In Memoriam., James L. Branton

St. Mary's Law Journal

Abstract Forthcoming.

Justice Franklin S. Spears: Unsung Hero Of Texas Justice In Memoriam., Thomas R. Phillips

St. Mary's Law Journal

Abstract Forthcoming.

Justice Franklin S. Spears: A Son's Perspective On His Father In Memoriam., Carleton B. Spears

St. Mary's Law Journal

Abstract Forthcoming.

Professional Responsibility And The Litigator: A Comprehensive Guide To Texas Disciplinary Rules 3.01 Through 4.04., Barbara Hanson Nellermoe, Fidel Rodriguez Jr.

St. Mary's Law Journal

In 1991, the Texas Supreme Court addressed the issue of widespread discovery abuse. Technological advancements have brought new challenges to an attorney’s conduct in litigation and in the discovery process. The Texas Code of Professional Responsibility was repealed in 1990 and was replaced by Article 10, § 9 of the State Bar Rules (the Texas Disciplinary Rules of Professional Conduct). The Order of Adoption of the Texas Lawyer’ Creed states “the conduct of a lawyer should be characterized at all time by honest, candor, and fairness.” It is therefore mandatory for attorneys to refrain from engaging in conduct involving dishonesty, …

The Mutation Of Choice Recent Development., Kathleen A. Cassidy Goodman

St. Mary's Law Journal

Abstract Forthcoming.

A Tortured Construction: The Illegal Immigration Reform And Immigrant Responsibility Act's Express Bar Denying Criminal Aliens Withholding Of Deportation Defies The Principles Of International Law Comment., Bobbie Marie Guerra

St. Mary's Law Journal

The United States has never fully complied with international agreements concerning refugee’s rights to not be returned to a country where he or she faces certain threats of torture. This lack of compliance by the United States is exacerbated by two conflicting interests: the growing insistence on keeping aliens outside the nation’s borders and protecting international refugees who endure gross violations of their human rights. The recent amendments to the Immigration and Nationality Act (INA) provide a contemporary example of the volatility and inconsistency of the United States’ immigration policy. In April 1996, Congress enacted the Antiterrorism and Effective Death …

Distinguishing Fong Yue Ting: Why The Inclusion Of Perjury As An Aggravated Felony Subjecting Legal Aliens To Deportation Under The Antiterrorism And Effective Death Penalty Act Violates The Eighth Amendment Comment., Gregory L. Ryan

St. Mary's Law Journal

Responding to the terrorist bombing in Oklahoma City, Congress spent several months researching and discussing the best ways to strengthen the United States’ ability to deter and punish terrorism. In 1996, Congress sent a bill to the President designed to make the country safer, and President Clinton signed the bill into law: The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). The AEDPA mandates a foreign national convicted of perjury be deported. Tucked away in the middle of the AEDPA, strict sanctions are imposed on noncitizens who commit perjury or subordination of perjury. In an attempt to strengthen the …

Anti-Immigrant Backlash And The Role Of The Judiciary: A Proposal For Heightened Review Of Federal Laws Affecting Immigrants Comment., Valerie L. Barth

St. Mary's Law Journal

The hostile environment in the United States toward immigrants, as indicated by the Welfare Reform Act and Proposition 187, calls for a more meaningful judicial review of laws affecting immigrants. Although subjecting the federal government’s actions regarding immigrants to heightened review might seem to be a radical step, this Comment will explain why such a move is necessary. Part II discusses historical justifications for subjecting state and federal laws affecting immigrants to different levels of scrutiny under the Equal Protection Clause. Part III presents arguments for labeling immigrants a “suspect” class. Part IV considers the constitutionality of the Welfare Reform …

The Fourteenth Amendment And Title Ix: A Solution To Peer Sexual Harassment Comment., Connie C. Flores

St. Mary's Law Journal

Despite the high occurrence of sexual harassment in schools, many school officials, who are aware of the abuse, do nothing to prevent it. Yet, some officials are beginning to recognize peer abuse is not acceptable due to the detrimental effects on students. As a result, many schools have implemented successful programs to prevent peer harassment. Furthermore, when schools have not responded adequately to the problem, student victims have turned to the courts, suing schools for failure to ensure an environment free from discrimination. Although victims have had little success in taking these cases to court, constitutional and statutory provisions exist …

Reform Of The Endangered Species Act: Overview Of Administrative Reforms [Congressional Hearing Material Submitted By Bruce E. Babbitt, Secretary, Department Of Interior], Dinah Bear

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

31 pages.

Essential Elements Of Amendments To The Endangered Species Act, John Harja

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

14 pages.

Endangered Species Act Reform Proposals: An Environmentalist’S Perspective, Wm. Robert Irvin

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

11 pages.

Biodiversity Protection And Ecosystem Management: Aspirational Goals Or Law-To-Apply?, Oliver A. Houck

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

7 pages.

Contains references.

The Endangered Species: The Urban Water Utility Perspective, Chips Barry

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

24 pages.

Upper Colorado River Fish: A Recovery Program That Is Working – Myth Or Reality?, James S. Lochhead

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

24 pages (includes 1 map).

Contains 2 pages of references.

A Comparison: Lessons From The Columbia Basin And The Upper Colorado Basin Fish Recovery Efforts, Mary Christina Wood

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

47 pages.

Contains 5 pages of references.

The Esa, Water Rights, And Regulatory Takings, Barton H. Thompson, Jr.

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

28 pages.

Contains 2 pages of references.

Water Rights, Contract Rights, And The Endangered Species Act, Brian E. Gray

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

12 pages.

Contains references.

Habitat Based, Multi-Species Hcps: Lessons From The Northwest, James A. Kraft

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

9 pages.

The Enigma Of The Blind Salamander And Groundwater Pumping: Lessons From The Edwards Aquifer, Texas, Charles R. Shockey

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

39 pages (includes illustrations and maps).

Contains footnotes.

Landscape Scale Habitat Conservation Plans: The California Experience, Lindell L. Marsh

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

24 pages.

Contains 3 pages of references.

The Endangered Species Act: Crystallizing Ecosystem Management, George T. Frampton Jr.

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

15 pages.

The Sonoran Desert Tortoise And The Mexican Spotted Owl: The High Road And The Slow Road To Conservation, Duane L. Shroufe

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

13 pages.

Agenda: Biodiversity Protection: Implementation And Reform Of The Endangered Species Act, University Of Colorado Boulder. Natural Resources Law Center

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

Conference organizers and/or faculty included University of Colorado School of Law professors Betsy Rieke, David H. Getches, Michael A. Gheleta and Charles F. Wilkinson.

All across the country--in Congress, in state legislatures and in urban and rural communities--people are discussing why we should or should not protect biodiversity and how best to do so. Since the Endangered Species Act is up for reauthorization, a variety of reform proposals are being debated. Speakers--including natural resource scholars, experts from the private and nonprofit sectors, and government officials--will examine the rationale for biodiversity protection, the legal framework of the Endangered Species Act, and …

The Maquiladora Industry And Environmental Degradation In The United States-Mexico Borderlands Symposium - The Environment And The United States-Mexico Border., Edward J. Williams

St. Mary's Law Journal

Periods of rapid industrial growth and environmental degradation in the United States-Mexico Borderlands have historically coincided with negative shifts in Mexico’s economy. The Mexican economic crisis of 1982 sparked burgeoning growth in the maquiladora industry, with plants in the Borderlands increasing at a rate of fifteen percent per year. Due to the Mexican economic crisis of the mid-1990s, renewed industrial expansion and environmental degradation is once again expected. The maquiladora program is frequently used to identify cooperative industrial efforts between the United States and Mexico. The term refers to an assembly process in which twin plants operate on opposite sides …

Private Enforcement Of Nafta Environmental Standards Through Transnational Mass Tort Litigation: The Role Of United States Courts In The Age Of Free Trade Symposium - The Environment And The United States-Mexico Border - Comment., Michael Sang H. Cho

St. Mary's Law Journal

Maquiladoras are manufacturing facilities along the United States-Mexico border operated by transnational corporations (TNCs). The arrival of the North American Free Trade Agreement (NAFTA) meant TNCs are free to move capital and operations across the United States-Mexico border at will. Yet, the maquiladora workers are not free to travel or seek employment across the border. The NAFTA debate in the United States raised public awareness of environmental problems in the border region. Nevertheless, maquiladora workers have lived with environmental degradation long before the NAFTA environmental debate began. With the passage of NAFTA, increased trade and the burgeoning industries along the …

Third World Texas: Nafta, State Law, And Environmental Problems Facing Texas Colonias Symposium - The Environment And The United States-Mexico Border - Comment., David L. Hanna

St. Mary's Law Journal

The horrendous conditions along the Texas-Mexico border stem from factors on both sides of the Rio Grande River, including maquiladoras, migrant farms, poverty, poor land development, and bureaucracy. The adverse living conditions in Texas’s third world border region have resulted in immense health and safety problems. The United States government promised the North American Free Trade Agreement (NAFTA) would bring new environmental prosperity to the border region. Yet, aside from one sentence in the preamble, NAFTA does not directly address environmental protection. The United States and Mexico, as part of a series of environmental side agreements, created the Border Environmental …

Nafta And The Environment: Dealing With Abnormally High Birth Defect Rates Among Children Of Texas-Mexico Border Towns Symposium - The Environment And The United States-Mexico Border - Comment., Kelly L. Reblin

St. Mary's Law Journal

Along the 868-mile Texas-Mexico border thousands of young women live in fear as deadly birth defects with unknown causes threaten the lives of their unborn children. A total of ninety cases of the birth defect anencephaly, meaning the fetus has no brain, were reported in the fourteen Texas border counties between 1986 and 1991. The cause of these birth defects has yet to be determined officially; yet, researchers and residents along the Texas-Mexico border blame poor environmental conditions caused by the maquiladora industry and inadequate sewage facilities. The Texas Department of Health and the Centers for Disease Control investigated the …