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Articles 1921 - 1950 of 2708
Full-Text Articles in Oil, Gas, and Mineral Law
Justice Thurgood Marshall In Memoriam., Gabrielle Kirk Mcdonald
Justice Thurgood Marshall In Memoriam., Gabrielle Kirk Mcdonald
St. Mary's Law Journal
Abstract Forthcoming.
Revisiting Standards Of Review In Civil Appeals - Foreword Foreword., Nathan L. Hecht
Revisiting Standards Of Review In Civil Appeals - Foreword Foreword., Nathan L. Hecht
St. Mary's Law Journal
Abstract Forthcoming.
Lawyer-Bashing: It's Time To Turn The Tide Perspective., Ward Blacklock
Lawyer-Bashing: It's Time To Turn The Tide Perspective., Ward Blacklock
St. Mary's Law Journal
Abstract Forthcoming.
Revisiting Standards Of Review In Civil Appeals., W. Wendell Hall
Revisiting Standards Of Review In Civil Appeals., W. Wendell Hall
St. Mary's Law Journal
Applying and defining the accurate standard of review determines how likely an appeal will be successful. While the proper standard of review may be easy to identify, applying the standard of review to a case is often problematic. The standards define the interactions between trial and appellate courts by distributing the power of review throughout the judicial branch. The standards of review also limit a court’s authority to determine an error by a trial court, and whether the error warrants reversal. The standard sets the requirements of substantive law and provides a means for appellate judges to weigh arguments. This …
Transracial Adoption In Texas: Should The Best Interests Standard Be Color-Blind., Jo Beth Eubanks
Transracial Adoption In Texas: Should The Best Interests Standard Be Color-Blind., Jo Beth Eubanks
St. Mary's Law Journal
Legislative amendments must go further than limiting race from being a primary factor in adoptions; amendments must eliminate race as an acceptable factor. Diverging opinions of “race matching” in foster care and adoption exist. Administrative policies regulating adoption hold that same-race placement, between the adoptive parent and child, is a primary consideration when awarding custody in Texas. Basing child placement on the race or ethnicity of the parties involved raises serious constitutional concerns. The best interest standard is the predominant method in determining child placement, for both custody and adoption proceedings. The premise of the best interest standard is prioritization …
Proof Of Attorney's Fees In Texas., Scott A. Brister
Proof Of Attorney's Fees In Texas., Scott A. Brister
St. Mary's Law Journal
In Texas, the complex and confusing rules defining proof of attorney’s fees require simplification. Texas, like many other states, follows the American Rule, meaning the plaintiff and defendant each pay their own attorney’s fees. The United States is the only common-law jurisdiction and virtually the only industrialized democracy following the American Rule. Two primary justifications support following the American Rule. First, the American Rule supports individuals seeking a judicial remedy by removing the obstacle of paying an opponent’s legal fees. Second, it reduces potential litigation, attendant time and expense that would be necessary to dispute legal fees if they were …
Use Of Excessive Physical Force Against An Inmate May Constitute Cruel And Unusual Punishment Even Though The Prisoner Does Not Suffer Significant Injury., Anthony A. Avey
St. Mary's Law Journal
In Hudson v. McMillian, the Supreme Court held that use of excessive physical force against an inmate may constitute cruel and unusual punishment even though the prisoner does not suffer any significant injury. The Eighth Amendment has evolved significantly since its adoption in 1791, becoming a complex line of authority which over time expanded the rights of criminals and convicts. Recent cases have attempted to mold the varying Eight Amendment standards into a more cohesive legal doctrine. These efforts were meant to clarify the doctrine of cruel and unusual punishments; however, the divergent interpretations of these decisions rendered Eighth Amendment …
Summary Of The Convention Between The Government Of The United States Of America And The Government Of The United Mexican States For The Avoidance Of Double Taxation And The Prevention Of Fiscal Evasion With Respect To Taxes On Income., Raul S. Moreyra
St. Mary's Law Journal
To prevent double taxation and income tax evasion, the Mexico and United States governments signed a convention in September 1992. The convention establishes when businesses may be subject to either United States or Mexico tax liabilities. Key to the application of the convention is the concept of permanent establishment. Permanent establishment is the designation given to a business situated in Mexico that transacts operations for a United States enterprise. This designation determines which nation, the United States or Mexico, will collect taxes from the business. If the business is a permanent establishment, the Mexican government will collect taxes. The types …
Tending The Bar In Texas: Alcoholism As A Mitigating Factor In Attorney Discipline., Patricia Sue Heil
Tending The Bar In Texas: Alcoholism As A Mitigating Factor In Attorney Discipline., Patricia Sue Heil
St. Mary's Law Journal
This Comment describes the nature and scope of alcoholism and chemical dependency in the legal profession. It reviews the current state of the law regarding alcoholism as a mitigating factor in attorney discipline. Addictive illnesses manifest themselves in ways which leave afflicted attorneys unable to practice law in accordance with professional rules of conduct. The majority of attorney-discipline cases involve alcoholism or chemical dependency. An attorney whose illness remains untreated will likely become the subject of grievance-committee investigations. For disciplinary cases involving alcoholism, a suggested analysis includes establishing a nexus between illness and misconduct. Additionally, it includes a causal connection …
Commentary, Cliff Metzner
The Arbitration Of Private Commercial Disputes Between Residents Of Texas And Mexico., Wayne I. Fagan, Carlos Gabuardi Arreola
The Arbitration Of Private Commercial Disputes Between Residents Of Texas And Mexico., Wayne I. Fagan, Carlos Gabuardi Arreola
St. Mary's Law Journal
This paper evaluates whether the Texas International Arbitration Act (TIAA) will be a helpful addition to the laws governing arbitration of private commercial disputes between residents of Texas and Mexico. Owing to differences among cultures, languages, and legal systems, attorneys in the United States and in Mexico are turning to binding arbitration for the resolution of international disputes. Texas enacted an International Arbitration Act in 1989 to foster expanded international trade and facilitate resolution of international commercial disputes through conciliation and arbitration. Proponents of international arbitration argue it is the method of choice for resolution of private commercial disputes due …
Congressional Reform: Can Term Limitations Close The Door On Political Careerism., Julia C. Wommack
Congressional Reform: Can Term Limitations Close The Door On Political Careerism., Julia C. Wommack
St. Mary's Law Journal
Addressing Congressional woes requires reform. Entrenched incumbency is a detriment to the legislative system. Although the enactment of initiatives restricting Congressional terms limits signal voters agree, better alternatives exist. The only prerequisites found in the Constitution for serving in Congress are age, residency, and citizenship. While the twenty-second amendment proscribes the presidential office limit maximum as two terms, no such limitations exist for a congressman or congresswoman. Sitting incumbents have substantial advantages over their challengers. Incumbents success ratio exceeds 80% in Senate races and is approximately 90% for elections in the House of Representatives. Congressional term limitations attempt to eliminate …
Framing A Texas Bill Of Rights Argument., James C. Harrington
Framing A Texas Bill Of Rights Argument., James C. Harrington
St. Mary's Law Journal
As federal courts have allowed individual rights to diminish, the Texas judiciary nurtures state constitutional jurisprudence. Texas has a unique history requiring special care in approaching the construction and presentation of arguments utilizing the Texas Constitution or Texas Bill of Rights. The state constitution evolved over six revisions resulting with the eventual ratification of the final version in 1876. A confluence of goals ultimately resulted in a document where the bill of rights appears in Article I and by specifically framing individual liberties as affirmative rights rather than restrictions of government power. Four modes of interpretation are typically employed when …
Property And Small-Scale Privitization In Russia., Richard C. Schneider Jr.
Property And Small-Scale Privitization In Russia., Richard C. Schneider Jr.
St. Mary's Law Journal
Knowing who owns what suddenly became important in Russia because of dramatic economic and market reforms of the Yeltsin government. The transfer of property, from the state to the private sector is at the heart of the reforms. It is generally recognized the “foundations of a market-based economic system are property rights and private ownership.” The purposes of this article are to (1) summarize reforms which successfully introduced a scheme of private ownership in Russia, as demonstrated by the Nizhny Novgorod experiment, and (2) discuss those property rights which remain unclear. Accordingly, the second and third parts of the article …
Judging In The Quiet Of The Storm., Shirley S. Abrahamson
Judging In The Quiet Of The Storm., Shirley S. Abrahamson
St. Mary's Law Journal
Justice Benjamin Cardozo evaluates the elements he believes motivate judges in deciding cases in The Nature of the Judicial Process. Judge Cardozo focuses primarily on common-law courts deciding common-law cases. Although state-court dockets cover a wider variety of topics today and the legal landscape has changed, The Nature of the Judicial Process remains influential. The basis of Judge Cardozo’s approach is to first extract principles from past cases and apply them to new fact situations. Cardozo refers to this process as the method of philosophy. As precedent cannot readily solve all new disputes, this process may require judges select from …
The Great Speech Perspective., Jon Larsen Shudlick
The Great Speech Perspective., Jon Larsen Shudlick
St. Mary's Law Journal
Abstract Forthcoming.
Jurors May Not Pose Written Questions To Witnesses In Criminal Cases., Mark C. Robertson Ii
Jurors May Not Pose Written Questions To Witnesses In Criminal Cases., Mark C. Robertson Ii
St. Mary's Law Journal
Abstract Forthcoming.
A License To Kill: The Categorical Exemption Of The Mentally Retarded From The Death Penalty., David L. Rumley
A License To Kill: The Categorical Exemption Of The Mentally Retarded From The Death Penalty., David L. Rumley
St. Mary's Law Journal
This Comment will show there is no merit to the argument the Eighth Amendment prohibits the imposition of capital punishment on all persons considered mentally retarded. This Comment begins with an overview of the historical treatment of mental disabilities, articulating the levels of mental deficiency required for exculpation of criminal responsibility. Next, this Comment discusses the characteristics of persons with mental retardation. This Comment will also discuss the recently enacted statutes’ use of I.Q. tests for determinations of mental retardation. In analyzing these statutes, it becomes apparent a person’s I.Q. should not be prima-facie proof of mental retardation, although state …
Nature And Powers Of The Ijc And The Ibwc, The, Lucio Cabrera
Nature And Powers Of The Ijc And The Ibwc, The, Lucio Cabrera
Natural Resources Journal
No abstract provided.
Commentary, John E. Carroll
Commentary, Joaquin R. Bustamante
Commentary - Does The Past Record Of Action Provide A Guide To The Future, Joseph F. Friedkin
Commentary - Does The Past Record Of Action Provide A Guide To The Future, Joseph F. Friedkin
Natural Resources Journal
No abstract provided.
Commentary, Miguel Solanes
Commentary, C. Richard Bath
Commentary, Peg Rogers
Commentary, Neil R. Fulton
Resource Law Notes Newsletter, No. 26, Fall Issue, Sept. 1992, University Of Colorado Boulder. Natural Resources Law Center
Resource Law Notes Newsletter, No. 26, Fall Issue, Sept. 1992, University Of Colorado Boulder. Natural Resources Law Center
Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)
No abstract provided.
Environmental Policy In The 1990s, Denise D. Fort
Environmental Policy In The 1990s, Denise D. Fort
Natural Resources Journal
No abstract provided.
Resource Law Notes Newsletter, No. 25, Spring Issue, Apr. 1992, University Of Colorado Boulder. Natural Resources Law Center
Resource Law Notes Newsletter, No. 25, Spring Issue, Apr. 1992, University Of Colorado Boulder. Natural Resources Law Center
Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)
No abstract provided.
Longwall Mining And Smcra: Unstable Ground For Regulators And Litigants, Joshua I. Barrett
Longwall Mining And Smcra: Unstable Ground For Regulators And Litigants, Joshua I. Barrett
West Virginia Law Review
No abstract provided.