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Articles 931 - 960 of 2306

Full-Text Articles in Environmental Law

The Castle Doctrine: An Expanding Right To Stand Your Ground Comment., Denise M. Drake Jan 2008

The Castle Doctrine: An Expanding Right To Stand Your Ground Comment., Denise M. Drake

St. Mary's Law Journal

Recently, the Texas Legislature passed Senate Bill 378 effectively terminating a person’s “duty to retreat” when confronted with a criminal attack of either great bodily injury or death. Complicated issues of innocence and guilt arise when one employs deadly force as a means of self-defense. Furthermore, tragic mistakes occur when people preemptively resort to deadly force before the realization of such a threat. Societal questions still exist concerning the possibility that self-defense will turn into self-justice. Critics argue the law encourages a vigilante society, substituting law enforcement help with self-justice. Conversely, supporters believe the bill serves as a deterrent from …

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Loose Lips Sink Attorney-Client Ships: Unintended Technological Disclosure Of Confidential Communications Essay., Bill Piatt, Paula Dewitte Jan 2008

Loose Lips Sink Attorney-Client Ships: Unintended Technological Disclosure Of Confidential Communications Essay., Bill Piatt, Paula Dewitte

St. Mary's Law Journal

In general, attorneys must not reveal confidential information relating to the representation of their clients. Attorneys must make reasonable efforts to ensure the attorneys they supervise, as well as their nonlawyer employees, maintain client confidences. In modern days, technology virtually guarantees attorneys and clients will communicate electronically. While most attorneys would not knowingly disclose client confidences, there is a growing problem of unintended disclosure through electronic means. On a practical level, maintaining confidence is of utmost importance to both attorneys and clients. Attorneys may believe they are using good faith and competent, reasonable actions to protect their clients’ information from …

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A Meaningless Relationship: The Fifth Circuit's Use Of Dismissed And Uncharged Conduct Under The Federal Sentencing Guidelines Recent Development., Erin A. Higginbotham Jan 2008

A Meaningless Relationship: The Fifth Circuit's Use Of Dismissed And Uncharged Conduct Under The Federal Sentencing Guidelines Recent Development., Erin A. Higginbotham

St. Mary's Law Journal

The Fifth Circuit’s failure to require the uncharged conduct to have a meaningful relationship with the conduct of conviction is flawed. An amendment of section 5K2.21 specifically approved the consideration of uncharged or dismissed offenses to serve as a basis for an upward departure to reflect the actual seriousness of the offense. Confusion amongst federal circuit courts of appeal arose as to whether such conduct included uncharged or dismissed criminal offenses. Interpreting the amendment’s language has caused a circuit split. The Fifth Circuit erroneously interpreted section 5K2.21 as to require nothing more than a “remote connection” between the uncharged crime …

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The Metes And Bounds Of Governmental Immunity And Political Subdivisions: Limiting Tort Liability For Municipal Utility Districts In Texas Recent Development., Dawn E. Norman Jan 2008

The Metes And Bounds Of Governmental Immunity And Political Subdivisions: Limiting Tort Liability For Municipal Utility Districts In Texas Recent Development., Dawn E. Norman

St. Mary's Law Journal

Abstract Forthcoming.

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States Take The Wheel—Green Mountain Chrysler Plymntouth Dodge Jeep V. Crombie Gives States A Chance To Choose The Direction Of Their Automobile Emissions Regulation, Sarah E. Leatherwood Jan 2008

States Take The Wheel—Green Mountain Chrysler Plymntouth Dodge Jeep V. Crombie Gives States A Chance To Choose The Direction Of Their Automobile Emissions Regulation, Sarah E. Leatherwood

Oklahoma Law Review

No abstract provided.

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Political Externalities, Federalism, And A Proposal For An Interstate Environmental Impact Assessment Policy, Noah D. Hall Jan 2008

Political Externalities, Federalism, And A Proposal For An Interstate Environmental Impact Assessment Policy, Noah D. Hall

Law Faculty Research Publications

Interstate environmental harms, which occur when decisions or actions in one state produce negative environmental impacts in another state, have challenged environmental law and American federalism for over a century. While even the strongest advocates of state primacy in environmental policy concede that interstate environmental harms necessitate federal governance, federal adjudication and regulation have had only modest success in addressing the problem. This is due, in part, to a failure to fully understand the causes of interstate environmental harms. This article provides a newframeworkfor understanding interstate environmental harms as political externalities caused by a combination of inadequate information, public process …

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In The Wake Of Low V. Henry: Is Pre-Suit Discovery Now A Reality In Texas., John G. Lione Jr., Ryan W. Lione Jan 2008

In The Wake Of Low V. Henry: Is Pre-Suit Discovery Now A Reality In Texas., John G. Lione Jr., Ryan W. Lione

St. Mary's Law Journal

Following the Texas Supreme Court decision in Low v. Henry, the issue of whether an attorney may be liable for filing a “groundless pleading” has come to the forefront of Texas jurisprudence. This recent decision ought to pique Texas attorneys’ attention. In reprimanding egregious attorney conduct, did the Texas Supreme Court’s tightening of the Texas Rules of Civil Procedure increase the duties and responsibilities of all Texas attorneys by establishing what may amount to pre-suit discovery? Yet, courts presume pleadings and motions are filed in good faith, and the party seeking sanctions bears the burden of rebutting this presumption. The …

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The Clean Water Act's Antidegradation Policy: Has It Been "Dumped"?, 42 J. Marshall L. Rev. 209 (2008), Katherine A. Zogas Jan 2008

The Clean Water Act's Antidegradation Policy: Has It Been "Dumped"?, 42 J. Marshall L. Rev. 209 (2008), Katherine A. Zogas

UIC Law Review

No abstract provided.

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The Role Of Citizens In Environmental Decision-Making, Nicole M. Rovner Jan 2008

The Role Of Citizens In Environmental Decision-Making, Nicole M. Rovner

Richmond Journal of Law and the Public Interest

This article will describe five versions of the DEQ legislation from the bill's legislative journal: the bill as introduced, the bill that passed the General Assembly in 2007 with a reenactment clause, the bill introduced on behalf of proponents of board restructuring at the beginning of the 2008 session, the bill introduced on behalf of the restructuring bill's opponents, and the legislation that was enacted and will become effective on July 1, 2008. For each version of the bill, this article seeks to identify views regarding the nature of permitting decisions and the role of citizens in making those decisions.

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The Role Of Citizens In Environmental Decision-Making, Nicole M. Rovner Jan 2008

The Role Of Citizens In Environmental Decision-Making, Nicole M. Rovner

Richmond Public Interest Law Review

This article will describe five versions of the DEQ legislation from the bill's legislative journal: the bill as introduced, the bill that passed the General Assembly in 2007 with a reenactment clause, the bill introduced on behalf of proponents of board restructuring at the beginning of the 2008 session, the bill introduced on behalf of the restructuring bill's opponents, and the legislation that was enacted and will become effective on July 1, 2008. For each version of the bill, this article seeks to identify views regarding the nature of permitting decisions and the role of citizens in making those decisions.

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Reflections On James N. Castleberry, Jr., Dean (1978-1989), St. Mary's University School Of Law Tribute., Charles E. Cantu Jan 2008

Reflections On James N. Castleberry, Jr., Dean (1978-1989), St. Mary's University School Of Law Tribute., Charles E. Cantu

St. Mary's Law Journal

Abstract Forthcoming.

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My How You've Grown: The St. Mary's Law Journal Turns Forty Remark., Martin D. Beirne Jan 2008

My How You've Grown: The St. Mary's Law Journal Turns Forty Remark., Martin D. Beirne

St. Mary's Law Journal

Abstract Forthcoming.

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Chapters In The History Of The Supreme Court Of Texas: Reconstruction And Redemption (1866-1882)., Hans W. Baade Jan 2008

Chapters In The History Of The Supreme Court Of Texas: Reconstruction And Redemption (1866-1882)., Hans W. Baade

St. Mary's Law Journal

Abstract Forthcoming.

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It's About Time: The Need For A Uniform Approach To Using A Prior Conviction To Impact A Witness., Robert F. Holland Jan 2008

It's About Time: The Need For A Uniform Approach To Using A Prior Conviction To Impact A Witness., Robert F. Holland

St. Mary's Law Journal

In Texas, no uniform approach exists in determining whether to admit evidence of a prior conviction as a technique to impeach a witness. This lack of uniformity leads to significant consequences for the parties and poses a potential prejudicial effect on the truthful character of a witness. Furthermore, there is currently no bright-line judicial standard when evaluating the admissibility of certain prior convictions. Although the Texas Court of Criminal Appeals in Theus v. State provided a non-exhaustive set of factors for trial judges to consider, the court has yet to clarify particular aspects of how to properly apply Texas Rule …

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Kyoto Comes To Georgia: How International Environmental Initiatives Foster Sustainable Commerce In Small Town America, Peter A. Appel, T. Rick Irvin, Julie M. Mcentire, J. Chris Rabon Jan 2008

Kyoto Comes To Georgia: How International Environmental Initiatives Foster Sustainable Commerce In Small Town America, Peter A. Appel, T. Rick Irvin, Julie M. Mcentire, J. Chris Rabon

Scholarly Works

This Article posits that in response to adoption of Kyoto Protocol targets by governments and multi-national corporations overseas that comprise significant portions of the global economy as well as global financial markets, businesses and state and local governments in the U.S. are also being driven by necessity to undertake sustainable commerce initiatives. Businesses in the EU and other Kyoto-compliant regions that have implemented sustainable commerce programs now require overseas vendors and suppliers-including those in the U.S.-to implement their own sustainable commerce initiatives as a condition of approved supplier status. New EU environmental regulations developed in part to meet Kyoto-specified emissions …

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Reforming Our Wasteful Hazardous Waste Policy, Jonathan H. Adler Jan 2008

Reforming Our Wasteful Hazardous Waste Policy, Jonathan H. Adler

Faculty Publications

Federal hazardous waste regulation and cleanup programs suffer from poor prioritization, insufficient flexibility, high costs, and questionable benefits. Many of these problems are a result of excessive regulatory centralization. The federal government has assumed primary responsibility for hazardous waste policy, placing states in a secondary role, even though the environmental threats posed by hazardous waste are generally quite localized. Hazardous waste itself is not a form of pollution, but rather a “precursor to pollution.” It only becomes an environmental problem when mismanaged, and allowed to contaminate land or water. Properly managed, however, hazardous waste is not a particularly pressing environmental …

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Maine V. Johnson: A Step In The Wrong Direction For The Tribal Sovereignty Of The Passamaquoddy Tribe And The Penobscot Nation, Whitney Austin Walstad Jan 2008

Maine V. Johnson: A Step In The Wrong Direction For The Tribal Sovereignty Of The Passamaquoddy Tribe And The Penobscot Nation, Whitney Austin Walstad

American Indian Law Review

No abstract provided.

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Ethical Plea Bargaining Under The Texas Disciplinary Rules Of Professional Conduct., Edward L. Wilkinson Jan 2008

Ethical Plea Bargaining Under The Texas Disciplinary Rules Of Professional Conduct., Edward L. Wilkinson

St. Mary's Law Journal

Plea bargaining is such an essential component of the administration of justice that disposition of charges after plea discussions is not only an essential part of the process but a highly desirable part for many reasons. Even though 95% of felony criminal cases nationwide are resolved through plea bargaining, there are no specific ethical rules governing the practice. The exhortation in article 2.01 of the Texas Code of Criminal Procedure states it is the primary duty of all prosecuting attorneys to see that justice is done, rather than merely convicting. In order to determine the ethical boundaries of plea bargaining, …

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A Pragmatic Look At Mediation And Collaborative Law As Alternatives To Family Law Litigation Comment., Elizabeth F. Beyer Jan 2008

A Pragmatic Look At Mediation And Collaborative Law As Alternatives To Family Law Litigation Comment., Elizabeth F. Beyer

St. Mary's Law Journal

Since close to half the country’s marriages end in divorce, marriage dissolution is quite a lucrative business for attorneys. Also, fewer people are entering marriage in the first place. Fewer marriages combined with more children born out of wedlock create multitudinous legal problems and family disputes centering around those children. In addition to initial divorce filings and suits affecting the parent-child relationship, dissolution of marriage cases often creates additional litigation down the road. As a solution to the problems caused by the expense and toil of this litigation, alternative dispute resolution (ADR) offers several options for family disputants. Two popular …

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Assault Upon The Citadel Of Privity: The Coexistence Of Strict, Privity And Belt V. Oppenheimer, Blend, Harrison & (And) Tate, Inc. Comment., C. John Muller Iv Jan 2008

Assault Upon The Citadel Of Privity: The Coexistence Of Strict, Privity And Belt V. Oppenheimer, Blend, Harrison & (And) Tate, Inc. Comment., C. John Muller Iv

St. Mary's Law Journal

The practicing attorney must have a complete understanding of legal malpractice liability. Managing this risk can be a precarious responsibility when the law is not clearly defined. This is compounded by the steady erosion of attorney-client privity barriers making it easier for third party non-clients to sue lawyers for legal malpractice. This is the current state of matters in Texas since the Texas Supreme Court decided Belt v. Oppenheimer, Blend, Harrison & Tate, Inc. on May 5, 2006. The Belt court determined personal representatives of an estate may bring a malpractice claim against the decedent’s attorneys. The Belt court was …

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Fulfilling Your Professional Responsibilities: Representing A Deaf Client In Texas Recent Development., Matthew S. Compton Jan 2008

Fulfilling Your Professional Responsibilities: Representing A Deaf Client In Texas Recent Development., Matthew S. Compton

St. Mary's Law Journal

Abstract Forthcoming.

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A Tribute To Ernest A. Raba, Dean (1946-1978), St. Mary's University School Of Law Tribute., Aloysius A. Leopold Jan 2008

A Tribute To Ernest A. Raba, Dean (1946-1978), St. Mary's University School Of Law Tribute., Aloysius A. Leopold

St. Mary's Law Journal

Abstract Forthcoming.

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Henry F. Johnson Professor Of Law (1981-2008), St. Mary's University School Of Law Tribute., Bonita K. Roberts Jan 2008

Henry F. Johnson Professor Of Law (1981-2008), St. Mary's University School Of Law Tribute., Bonita K. Roberts

St. Mary's Law Journal

As a way to deal with his loss, this eulogy honors Henry Johnson (1942-2008) by focusing on ten good things about him. As a former English teacher, he valued clarity and precision, which reflects another good thing about Henry: the importance of strong organization. His zest for travel enabled him to share voluminous details about countless countries around the world, including where the best restaurants and wineries were. No description would be complete without emphasizing his love for golf, but the most important thing about Henry was the way he cared for his family, friends, and animals.

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The Competency Of The Sham Affidavit As Summary Judgment Proof In Texas., David F. Johnson, Joseph P. Regan Jan 2008

The Competency Of The Sham Affidavit As Summary Judgment Proof In Texas., David F. Johnson, Joseph P. Regan

St. Mary's Law Journal

The United States Court of Appeals for the Fifth Circuit first addressed the sham affidavit theory in Kennett-Murray Corp. v. Bone. This is the doctrine regarding assertions made by affidavit in order to prove summary judgment which are contrary to prior statements given, usually during a deposition. More recently, the Fifth Circuit has used the theory to strike affidavits where it found a sufficient inconsistency existed. This Court has also applied the sham affidavit theory to any prior sworn testimony, not just deposition testimony. The adoption of this theory overturned the precedent which stated a factual issue existed where a …

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American Legal Ethics In An Age Of Anxiety., Michael Ariens Jan 2008

American Legal Ethics In An Age Of Anxiety., Michael Ariens

St. Mary's Law Journal

The thesis of my article, “American Legal Ethics in an Age of Anxiety,” is that the historical development of American legal ethics was regularly accompanied by an anxiety within the profession. In general, I suggest the legal profession’s understanding of its ethical precepts has been molded and reshaped during periods of professional anxiety. The profession’s understanding of legal ethics changed dramatically during various crises in the 19th century, exemplified by the different approaches taken by David Hoffman in the mid-1830s, George Sharswood in the mid-1850s, and David Dudley Field in the early 1870s. In each case, however, the triggering event …

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The Texas School Finance Litigation Saga: Great Progress, Then Near Death By A Thousand Cuts., Albert H. Kauffman Jan 2008

The Texas School Finance Litigation Saga: Great Progress, Then Near Death By A Thousand Cuts., Albert H. Kauffman

St. Mary's Law Journal

The Texas Legislature’s system for financing Texas schools is significantly more equitable after Edgewood v. Kirby. Edgewood I and Edgewood II effectively forced the legislature to improve the finance system. However, the rulings in the first two Edgewood cases have been whittled away by the last four Edgewood decisions.. As a result, courts now approach fundamental issues, legislative power, and the relationship between them differently. The Edgewood v. Kirby legacy still improves the equity and adequacy of Texas’s public education finance system. This legacy is expanded upon with observations regarding long term impacts of the Texas school finance litigation saga.

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The All-Woman Texas Supreme Court: The History Behind A Brief Moment On The Bench., Alice G. Mcafee Jan 2008

The All-Woman Texas Supreme Court: The History Behind A Brief Moment On The Bench., Alice G. Mcafee

St. Mary's Law Journal

On the surface, there is nothing particularly noteworthy about the case of Johnson v. Darr, and, in fact it was not the merits of the case that made the headlines. It was the makeup of the tribunal. Long before women in Texas were even granted the right to serve on juries and before any woman ever served as a judge on any of the lower Texas courts, the judges appointed to hear the case of Johnson v. Darr were all women. This was the first time a woman was appointed in any capacity to serve on the Texas judiciary and …

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On The Trail To Increased Client Protection: Attorney Contingent Fee Contract Termination In Light Of Hoover V. Walton Recent Development., Tiffanie S. Clausewitz Jan 2008

On The Trail To Increased Client Protection: Attorney Contingent Fee Contract Termination In Light Of Hoover V. Walton Recent Development., Tiffanie S. Clausewitz

St. Mary's Law Journal

Abstract Forthcoming.

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A Marginal Tax: The New Franchise Tax In Texas Comment., David A. Vanderhider Jan 2008

A Marginal Tax: The New Franchise Tax In Texas Comment., David A. Vanderhider

St. Mary's Law Journal

Taxation has long been a point of contention for both individuals and businesses. Primarily, taxation serves as a convenient and calculated method of allocating precious resources to areas in need. Although many states use property and income taxes as the preferred methods for funding these programs, Texas has a constitutional restriction on state taxation of individuals’ incomes. This means Texas has largely relied on property and business taxes to fund these programs. In 1991, while trying to avoid unconstitutional taxes on individuals’ incomes, the Texas Legislature adopted a franchise tax which taxed Texas businesses according to their capital. In 2006, …

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Surreptitious Recording By Attorneys: Is It Ethical., Carol M. Bast Jan 2008

Surreptitious Recording By Attorneys: Is It Ethical., Carol M. Bast

St. Mary's Law Journal

Ethical rules generally set forth commonly held ethics principles in broad terms which usually generate little debate. What has generated a great deal of debate is whether it is ethical for an attorney to record a conversation. The American Bar Association’s (ABA) view of the issue has shifted over the years. Originally, the practice was held to be unethical except for certain well-defined exceptions involving government attorneys. The 2001 ABA opinion officially withdrew the original opinion allowing attorneys to secretly record a conversation with a non-client where it is not illegal. States’ opinions as to whether conversation recording is ethical …

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