Open Access. Powered by Scholars. Published by Universities.®

Oil, Gas, and Mineral Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2004

Discipline
Institution
Keyword
Publication
Publication Type

Articles 61 - 81 of 81

Full-Text Articles in Oil, Gas, and Mineral Law

United States V. Bean: Shoveling After The Elephant., Pannal Alan Sanders Jan 2004

United States V. Bean: Shoveling After The Elephant., Pannal Alan Sanders

St. Mary's Law Journal

Over the years Congress has enacted and amended several versions of the United States Code (U.S.C) § 925(c). Several reported cases illustrate the courts’ early efforts to develop a coherent body of jurisprudence with respect to the procedural and substantive aspects of U.S.C. § 925(c) judicial review. Specifically, the § 925(c) denials of relief by the Director before the congressional appropriations ban commenced in 1993. Although the methodology and reasoning behind these decisions differ in their details, several themes are discernable. First, even without the express provisions for judicial review added by the Firearms Owners Protection Act (FOPA), courts consistently …

Go to article

Decriminalizing Sexual Conduct: The Supreme Court Ruling In Lawrence V. Texas., Jessica A. Gonzalez Jan 2004

Decriminalizing Sexual Conduct: The Supreme Court Ruling In Lawrence V. Texas., Jessica A. Gonzalez

St. Mary's Law Journal

Throughout America, homosexual men and women have fought for the protection of their constitutional rights; gay men, lesbian women, and bisexual persons have petitioned the government for marital rights, adoption privileges, and recognition in the armed forces. While American culture has changed to include homosexuals in its daily life, the judicial branch has been hesitant in accepting gay culture within the legal system. While American courts remained reluctant to invalidate anti-sodomy statutes, Lawrence v. Texas pushed homosexual issues to the forefront. Gay activists demanded that the courts recognize homosexual individuals as persons deserving of constitutional protections. In doing so, Lawrence …

Go to article

Punishment Evidence: Grunsfeld Ten Years Later., Edward L. Wilkinson Jan 2004

Punishment Evidence: Grunsfeld Ten Years Later., Edward L. Wilkinson

St. Mary's Law Journal

This Article deals with the admissible evidence during the punishment phase of a non-capital trial in Texas. In 1989, the Texas Legislature amended Article 37.07, Section 3(a) of the Texas Code of Criminal Procedure to widen the scope of evidence admissible during the punishment phase of a non-capital trial. Grunsfel v. State, the leading case, the Court of Criminal Appeals interpreted the statute so narrowly as to render the changes meaningless. In 1993, the legislature amended the statute a second time; it provided for a more expansive range of evidence to be introduced, but deleted a critical definition of what …

Go to article

The Seat Belt Defense In Texas., Brian T. Bagley Jan 2004

The Seat Belt Defense In Texas., Brian T. Bagley

St. Mary's Law Journal

This Comment calls upon Texas courts to recognize the seat belt defense as a form of comparative responsibility. It has become standard procedure for Americans riding in motor vehicles to “buckle up.” Seat belt usage has risen since 1994, steadily increasing to seventy-five percent in 2002, with an increase of two percent in the last year alone. Many American jurisdictions, however, still refuse to allow evidence of seat belt use or nonuse to be considered in civil suits. Courts do not allow the failure to wear a safety belt in violation of the mandatory seat belt usage statute to be …

Go to article

Legal Malpractice: When The Legal System Turns On The Lawyer Third Annual Symposium On Legal Malpractice & Professional Responsibility: Essay., Jennifer Knauth Jan 2004

Legal Malpractice: When The Legal System Turns On The Lawyer Third Annual Symposium On Legal Malpractice & Professional Responsibility: Essay., Jennifer Knauth

St. Mary's Law Journal

What happens when a lawyer becomes a defendant in a legal malpractice case? Much has been written about the shortcomings of the adversary system as measured against its theoretical goals and assumptions. One significant assumption underlying the adversary system is that there is an equal playing field among litigants. The reality of a legal malpractice case is at odds with this ideal. The prevailing cultural bias against lawyers as gatekeepers and beneficiaries of the legal system permeates every aspect of a legal malpractice case. One effect of this cultural bias is the lawyer-defendant's very personal and disproportionate experience with the …

Go to article

Ethical Issues In Judicial Campaigns Third Annual Symposium On Legal Malpractice & Professional Responsibility: Symposium Presentations., Micahel E. Keasler Jan 2004

Ethical Issues In Judicial Campaigns Third Annual Symposium On Legal Malpractice & Professional Responsibility: Symposium Presentations., Micahel E. Keasler

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

Confidentiality, Corporate Counsel, And Competition Law: Representing Multi-National Corporations In The European Union Third Annual Symposium On Legal Malpractice & Professional Responsibility: Symposium Presentations., Sue Bentch Jan 2004

Confidentiality, Corporate Counsel, And Competition Law: Representing Multi-National Corporations In The European Union Third Annual Symposium On Legal Malpractice & Professional Responsibility: Symposium Presentations., Sue Bentch

St. Mary's Law Journal

Professional ethics for corporate counsel in the European Union (EU) differs from the standards required in the United States. Consequently, conflicts may arise when US corporations deal with EU countries. For instance, if an issue regarding confidentiality emerges, the company bears the burden to prove to the European Commission that a particular document is protected from disclosure. Under EU’s Regulation 17, the European Commissioner has broad powers to investigate and adjudicate suspected violations of EU competition law. The Commissioner is the equivalent of an investigator, prosecutor, judge, and jury, all rolled into one. If a communication from a company was …

Go to article

Playing The Probate Card: A Plaintiff's Guide To Transfer To Statutory Probate Court., Joseph R. Marrs Jan 2004

Playing The Probate Card: A Plaintiff's Guide To Transfer To Statutory Probate Court., Joseph R. Marrs

St. Mary's Law Journal

Plaintiffs and defendants in tort litigation by or against a probate estate can be better-litigated in statutory probate court. Since the 1970s, Texas probate courts have steadily risen to power. The Texas Supreme Court attempted to curtail this practice in Seay v. Hall. The Texas legislature overruled Seay and continued to expanded the jurisdiction of statutory probate courts. Despite the continuing “merry dance” between the legislation and judicial review, the legitimate purpose of expanding lawsuits to probate court remains that of efficiently resolving lawsuits linked to guardianship or decedents’ estates while preserving all parties’ interests. The author uses an example …

Go to article

Civillity In The Legal Profession: A Survey Of The Texas Judiciary., Catherine M. Stone, Kimberlyl S. Keller, Shane J. Stolarczyk Jan 2004

Civillity In The Legal Profession: A Survey Of The Texas Judiciary., Catherine M. Stone, Kimberlyl S. Keller, Shane J. Stolarczyk

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

Exploratory Unitization Under The 2004 Model Oil And Gas Convention Act, Owen L. Anderson, Ernest Smith Jan 2004

Exploratory Unitization Under The 2004 Model Oil And Gas Convention Act, Owen L. Anderson, Ernest Smith

Faculty Articles

No abstract provided.

Go to article

The Charity Oversight Authority Of The Texas Attorney General., John W. Vinson Jan 2004

The Charity Oversight Authority Of The Texas Attorney General., John W. Vinson

St. Mary's Law Journal

The Attorney General of Texas is the only elected official charged with regulating the state’s charitable interest. This duty and authority over charitable assets and entities are comprehensive and unique in themselves. Although the broader state representation role of American attorneys general has evolved considerably and been substantively codified in the statutory law, the area of charity regulations has remained remarkably true to its common law root. This Article will briefly examine the early roots of charity regulation and then discuss the authority and duties of the Attorney General of Texas in the modern context of charity regulation. In Texas, …

Go to article

New Texas Ad Litem Statute: Is It Really Protecting The Best Interests Of Minor Children Third Annual Symposium On Legal Malpractice & Professional Responsibility: Comment., Mary E. Hazlewood Jan 2004

New Texas Ad Litem Statute: Is It Really Protecting The Best Interests Of Minor Children Third Annual Symposium On Legal Malpractice & Professional Responsibility: Comment., Mary E. Hazlewood

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

A Continuing Whimsical Search For The True Meaning Of The Term Products Liability Litigation., Charles E. Cantu Jan 2004

A Continuing Whimsical Search For The True Meaning Of The Term Products Liability Litigation., Charles E. Cantu

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

A Rose Is A Rose Is A Rose - Or Is It - Fiduciary And Dtpa Claims Against Attorneys Third Annual Symposium On Legal Malpractice & (And) Professional Responsibility., James M. Parker Jr., Thomas H. Watkins, Rachel L. Noffke Jan 2004

A Rose Is A Rose Is A Rose - Or Is It - Fiduciary And Dtpa Claims Against Attorneys Third Annual Symposium On Legal Malpractice & (And) Professional Responsibility., James M. Parker Jr., Thomas H. Watkins, Rachel L. Noffke

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

Texas's Statutory Exclusionary Rule: Analyzing The Inadequacies Of The Current Application Of Other Person(S) Pursuant To Article 38.23(A) Of The Texas Code Of Criminal Procedure., Nathan L. Mechler Jan 2004

Texas's Statutory Exclusionary Rule: Analyzing The Inadequacies Of The Current Application Of Other Person(S) Pursuant To Article 38.23(A) Of The Texas Code Of Criminal Procedure., Nathan L. Mechler

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

Private Lands Conservation In The British Virgin Islands, Joan Marsan, University Of Colorado Boulder. Natural Resources Law Center Jan 2004

Private Lands Conservation In The British Virgin Islands, Joan Marsan, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

46 p. ; 28 cm

Go to article

Private Lands Conservation In St. Vincent And The Grenadines, Julie Truelsen, University Of Colorado Boulder. Natural Resources Law Center Jan 2004

Private Lands Conservation In St. Vincent And The Grenadines, Julie Truelsen, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

56 p. ; 28 cm

Go to article

Take-Or-Pay Royalties, The Trust Doctrine, And The Shoshone Case, Christopher S. Kulander Jan 2004

Take-Or-Pay Royalties, The Trust Doctrine, And The Shoshone Case, Christopher S. Kulander

American Indian Law Review

No abstract provided.

Go to article

Tribal Authority Under The Clean Air Act: How Is It Working?, Jana B. Milford Jan 2004

Tribal Authority Under The Clean Air Act: How Is It Working?, Jana B. Milford

Natural Resources Journal

No abstract provided.

Go to article

Recent Books On John Wesley Powell, Denise D. Fort Jan 2004

Recent Books On John Wesley Powell, Denise D. Fort

Natural Resources Journal

No abstract provided.

Go to article

Oil And Gas Law: Recent Oklahoma Cases Interpreting Oil And Gas Joint Operating Agreements, Mark D. Christiansen Jan 2004

Oil And Gas Law: Recent Oklahoma Cases Interpreting Oil And Gas Joint Operating Agreements, Mark D. Christiansen

Oklahoma Law Review

No abstract provided.

Go to article

First Prev