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Articles 331 - 360 of 508
Full-Text Articles in Environmental Law
Professional Malpractice In A World Of Amateurs., Thomas D. Morgan
Professional Malpractice In A World Of Amateurs., Thomas D. Morgan
St. Mary's Law Journal
Clients experience the speed at which the world changes, both technologically and socially. They expect lawyers to keep pace. The technology which permits lawyers to deliver legal services faster also chains lawyers to their electronic devices. This technology has also led to a growing market of those who promise to do the same work faster, better, and cheaper. Such developments will ultimately affect how lawyers view professional malpractice or the way the industry understands “competence and diligence normally exercised by lawyers.” The malpractice question becomes: to what standard of care and competence should such “amateur” lawyers be held? The legal …
Ten Years After Burrow V. Arce: The Current State Of Attorney Fee Forfeiture., Jeffrey A. Webb, Blake W. Stribling
Ten Years After Burrow V. Arce: The Current State Of Attorney Fee Forfeiture., Jeffrey A. Webb, Blake W. Stribling
St. Mary's Law Journal
“Extreme [attorney] misconduct may warrant an extreme remedy.” Fee forfeiture certainly constitutes an extreme remedy, at least compared to the ordinary remedy for violation of a legal duty. But neither the degree to which the remedy is extreme nor how extreme the misconduct must first be before the forfeiture becomes appropriate is apparent in light of the Texas Supreme Court’s decision in Burrow v. Arce. Understanding the confusion which has arisen with regard to Burrow’s impact depends in large measure on a thorough evaluation of (1) the basis for the court’s determinations relating to forfeiture, (2) the sources from which …
Patent-Holding Patent Attorneys: Conflicts Of Interests, Confidentiality, And Employment Issues Comment., Ashley R. Presson
Patent-Holding Patent Attorneys: Conflicts Of Interests, Confidentiality, And Employment Issues Comment., Ashley R. Presson
St. Mary's Law Journal
Patents are grants issued by the United States Patent and Trademark Office (USPTO) which confer upon the holder, the patentee, patent rights to such intellectual property as inventions, technologies, and processes. Patent rights include the right to exclude others from “making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States.” Once the USTPO has granted a patent, the inventor may market the product. Patentees who do not have the funds or time to market the product may profit by conveying the legal rights conferred by the patent to other …
Of Lies And Disclaimers - Contracting Around Fraud Under Texas Law., Robert K. Wise, Andrew J. Szygenda, Thomas F. Lillard
Of Lies And Disclaimers - Contracting Around Fraud Under Texas Law., Robert K. Wise, Andrew J. Szygenda, Thomas F. Lillard
St. Mary's Law Journal
The Texas Supreme Court has failed to provide a bright-line test in determining whether reliance disclaimers are enforceable. A reliance disclaimer is a provision in a contract that disclaims all extra-contractual representations and provides that the contracting parties are not relying on any such representations. By including a reliance disclaimer, a contracting party may be attempting to immunize itself from liability for false statements made during negotiations. Even if a contracting party’s misrepresentations or non-disclosures were made with fraudulent intent, Texas law gives contracting parties broad freedom to contract around misrepresentation claims. In Forest Oil Corp. v. McAllen, the Texas …
Should Texas's Former Ban On Obscene-Device Promotion Pass Constitutional Muster Under A Murky Lawrence Comment., Laura M. Clark
Should Texas's Former Ban On Obscene-Device Promotion Pass Constitutional Muster Under A Murky Lawrence Comment., Laura M. Clark
St. Mary's Law Journal
When the Fifth Circuit freed Texans to promote and distribute sexual devices without criminal penalties, it created a split with the Eleventh Circuit’s decision to uphold Alabama’s ban. Both courts based their rulings on the U.S. Supreme Court’s decision in Lawrence v. Texas, which invalidated Texas’s statute banning homosexual sodomy. In upholding Alabama’s sex-toy statute in 2007, the Eleventh Circuit found no fundamental right to sexual privacy under Lawrence and held public morality was a sufficiently rational basis for the statute. The court distinguished Lawrence, which dealt with prohibition of private conduct, rather than public commercial activity. The Fifth Circuit …
Judge William Wayne Justice: A Life Of Human Dignity And Refractory Mules Tribute., Albert H. Kauffman
Judge William Wayne Justice: A Life Of Human Dignity And Refractory Mules Tribute., Albert H. Kauffman
St. Mary's Law Journal
Judge Wayne Justice had a deep impact on the lives of many people and was an unyielding advocate who protected the rights of all U.S. citizens. Many of the Judge’s orders and consent decrees forced Texas to comply with more stringent federal requirements in education and health care and had a far reaching effect across the nation. Judge Justice presided over Doe v. Plyler that ensured the benefit of public education for the children of undocumented immigrants. In United States v. Texas, Judge Justice required that the Texas Education Agency monitor school district actions and policies to assure that they …
Texas Law's Life Or Death Rule In Capital Sentencing: Scrutinizing Eight Amendment Violations And The Case Of Juan Guerrero, Jr., John Niland, Riddhi Dasgupta
Texas Law's Life Or Death Rule In Capital Sentencing: Scrutinizing Eight Amendment Violations And The Case Of Juan Guerrero, Jr., John Niland, Riddhi Dasgupta
St. Mary's Law Journal
The United States Supreme Court has never explained the Eighth Amendment’s impact in noncapital cases involving a mentally retarded or brain-injured defendant. The Court has not provided guidance to legislatures or lower courts concerning the acceptable balancing of aggravating and mitigating factors and the role that mitigating factors must play in the sentencing decision. A definitive gap exists between the protections afforded to a criminal defendant facing a life sentence as opposed to those confronted with the death penalty. The Court requires sentencing procedures to consider aggravating and mitigating factors, including mental retardation and brain damage, when imposing a death …
The Yearning For Zion Raid And Its Impact On Texas Child Welfare Cases: How A Botched Rescue Effort Exposed A Need To Refocus Efforts On Effective Service Plans Comment., Shannon K. Dunn
St. Mary's Law Journal
The raid of the Yearning for Zion ranch exposed fundamental flaws in the operation of the Texas Department of Children and Family Services (the Department). In the raid, the Department took custody of 468 children without a court order and removed them from their homes. This is one of the most glaring examples of the Department’s disregard for the Texas Family Code. Subchapter B of section 263 of the Texas Family Code mandates for the creation and implementation of a comprehensive service plan whenever the Department removes a child from his home. The Department, however, failed to create service plans …
The Unbearable Cost Of Skipping The Check: Property Rights, Takings Compensation & Ecological Protection In The Western Water Law Context, 17 N.Y.U. Envtl. L.J. 1063 (2009), Scott Andrew Shepard
The Unbearable Cost Of Skipping The Check: Property Rights, Takings Compensation & Ecological Protection In The Western Water Law Context, 17 N.Y.U. Envtl. L.J. 1063 (2009), Scott Andrew Shepard
UIC Law Open Access Faculty Scholarship
No abstract provided.
Dahlia, Golden Gate Park, San Francisco, California, Robyn Carliss
Dahlia, Golden Gate Park, San Francisco, California, Robyn Carliss
UC Law Environmental Journal
No abstract provided.
Climate Change And Weather-Related Disasters: What Role For Insurance, Reinsurance And Financial Sectors?, Alberto Monti
Climate Change And Weather-Related Disasters: What Role For Insurance, Reinsurance And Financial Sectors?, Alberto Monti
UC Law Environmental Journal
No abstract provided.
Volume 9 Issue 2, Sustainable Development Law & Policy
Volume 9 Issue 2, Sustainable Development Law & Policy
Sustainable Development Law & Policy
No abstract provided.
Human Rights And Climate Change: Shifting The Burden To The State?, Anne Parsons
Human Rights And Climate Change: Shifting The Burden To The State?, Anne Parsons
Sustainable Development Law & Policy
No abstract provided.
Planning For Adaptation To Climate Change: Landmark Cases From Australia, Jacqueline Peel, Lee Godden
Planning For Adaptation To Climate Change: Landmark Cases From Australia, Jacqueline Peel, Lee Godden
Sustainable Development Law & Policy
No abstract provided.
Mongolia: A Case For Economic Diversification In The Face Of A Changing Climate, Nathan Borgford-Parnell
Mongolia: A Case For Economic Diversification In The Face Of A Changing Climate, Nathan Borgford-Parnell
Sustainable Development Law & Policy
No abstract provided.
The World Bank Clean Technology Fund: Friend Or Foe To The Unfccc?, Addie Haughey
The World Bank Clean Technology Fund: Friend Or Foe To The Unfccc?, Addie Haughey
Sustainable Development Law & Policy
No abstract provided.
Editors' Note, Lisa Novins, Addie Haughey
Editors' Note, Lisa Novins, Addie Haughey
Sustainable Development Law & Policy
No abstract provided.
Volume 9 Issue 3 , Sustainable Development Law & Policy
Volume 9 Issue 3 , Sustainable Development Law & Policy
Sustainable Development Law & Policy
No abstract provided.
Avoiding The Derailment Of Wind Power Development: Why Federal Siting Regulations Are Necessary Now For U.S. Development, Nathan Borgford-Parnell
Avoiding The Derailment Of Wind Power Development: Why Federal Siting Regulations Are Necessary Now For U.S. Development, Nathan Borgford-Parnell
Sustainable Development Law & Policy
No abstract provided.
The Clean Technology Fund And Coal: A Cautionary Tale For Copenhagen, Steve Herz
The Clean Technology Fund And Coal: A Cautionary Tale For Copenhagen, Steve Herz
Sustainable Development Law & Policy
No abstract provided.
Overcoming Institutional Barriers To Biomass Power In China And India, Craig A. Hart, M.L Rajora
Overcoming Institutional Barriers To Biomass Power In China And India, Craig A. Hart, M.L Rajora
Sustainable Development Law & Policy
No abstract provided.
The Montreal Protocol Must Act To Prevent Global Climate Change While Restoring The Ozone Layer, Mark W. Roberts
The Montreal Protocol Must Act To Prevent Global Climate Change While Restoring The Ozone Layer, Mark W. Roberts
Sustainable Development Law & Policy
No abstract provided.
Analysis Of Multilateral Agreements, Public- Private Partnerships, And Tax Incentives Driving International Trade In Clean Technology, Alexander C. Hoover
Analysis Of Multilateral Agreements, Public- Private Partnerships, And Tax Incentives Driving International Trade In Clean Technology, Alexander C. Hoover
Sustainable Development Law & Policy
No abstract provided.
Environmental Litigation Standing After Massachusetts V. Epa: Center For Biological Diversity V. Epa , Andy Hosaido
Environmental Litigation Standing After Massachusetts V. Epa: Center For Biological Diversity V. Epa , Andy Hosaido
Sustainable Development Law & Policy
No abstract provided.
Third Party Petitions As A Means Of Protecting Voluntarily Isolated Indigenous Peoples, Nickolas M. Boecher
Third Party Petitions As A Means Of Protecting Voluntarily Isolated Indigenous Peoples, Nickolas M. Boecher
Sustainable Development Law & Policy
No abstract provided.
World News, Nick Alarif, Kate Halloran
World News, Nick Alarif, Kate Halloran
Sustainable Development Law & Policy
No abstract provided.
Book Review: Adjudicating Climate Change, Scott M. Richey, Karla O. Torres
Book Review: Adjudicating Climate Change, Scott M. Richey, Karla O. Torres
Sustainable Development Law & Policy
No abstract provided.
International Executive Agreements On Climate Change, Hannah Chang
International Executive Agreements On Climate Change, Hannah Chang
Sabin Center for Climate Change Law
The difficulty of ratifying any future climate change agreement through the Article II treaty process calls for an understanding of the scope of the President’s independent power to enter into internationally binding commitments related to climate change. This power is necessarily limited, but as this paper shows, the President’s foreign affairs powers, together with authority derived from existing treaty obligations and federal statutes, provide legal authority for the President to enter executive agreements relating to measurement, reporting, and verification; aviation emissions; cooperative research and development in science and technology; and capacity-building for developing countries.
Confronting A Rising Tide: A Proposal For A Convention On Climate Change Refugees, Bonnie Docherty, Tyler Giannini
Confronting A Rising Tide: A Proposal For A Convention On Climate Change Refugees, Bonnie Docherty, Tyler Giannini
Sabin Center for Climate Change Law
This Article proposes a new legal instrument to confront the issue of climate change refugees. It defines climate change refugees as people whom climate change forces to relocate across national borders. The existing international legal framework – including its laws and its institutions – does not adequately address the emerging crisis. The proposed instrument should create obligations to deal with both prevention and remediation of the climate change refugee problem. First, the instrument should establish guarantees of human rights protections and humanitarian aid for a specific class of people. Second, it should spread the burden of fulfilling those guarantees across …
Addressing The Energy Efficiency Financing Challenge: The Role And Limitations Of A Green Bank, Christopher Angell
Addressing The Energy Efficiency Financing Challenge: The Role And Limitations Of A Green Bank, Christopher Angell
Sabin Center for Climate Change Law
This paper will address how a federal program to aggregate and potentially guarantee loans made to finance energy efficiency projects can be leveraged to promote best practices on the state and local level for opening up energy efficiency projects to external financing. There are a number of existing financing tools that have started to solve the problem of providing access to capital for efficiency projects, but the programs are all relatively small and have had limited market penetration. One essential, but not exclusive, solution will be to create a federal entity, based on existing green bank proposals, that has the …