State and Local Government Law Commons^™

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 …

The U.S. Attorney: Fateful Powers Limited Essay., Tom Rickhoff

St. Mary's Law Journal

Nothing more separates the United States from some of history’s most ruthless and resourceful enemies, the Mexican drug syndicates, than an intermittent trickle of water. In spite of this crisis, the U.S. Attorney’s Office has languished without a presidentially-appointed leader since the Branch Davidian nightmare. Considering the historical influence of the U.S. Attorney’s office, the current situation in the Western District of Texas is somewhat surprising. At one time, U.S. Attorneys exercised almost total discretion as to how the federal government impacted the lives of the powerful as well as the powerless. One of the primary obstacles in restoring effective …

Of Ivory Columns And Glass Ceilings: The Impact Of The Supreme Court Of The United States On The Practice Of Women Attorneys In Law Firms Comment., Nancy L. Farrer

St. Mary's Law Journal

This Commentary examines the effect United States Supreme Court decisions on sex discrimination in the legal profession. Discrimination against women currently appears to be alive and well in the legal field. Decisions like Bradwell v. Illinois and In re Lockwood frustrated women attorneys for over a century, allowing states to determine women were unfit for occupations in areas like law. Hishon v. King & Spalding, and later, Price Waterhouse v. Hopkins, applied Title VII protections to evaluations of potential law firm partners—a process previously closed and unassailable for most of the history of the legal profession. More recently, Harris v. …

The Antiterrorism Act, The Immigration Reform Act, And Ideological Regulation In The Immigration Laws: Important Lessons For Citizens And Noncitizens., Kevin R. Johnson

St. Mary's Law Journal

This Article analyzes how the Antiterrorism Act and the Immigration Reform Act reflect a larger historical dynamic in the relationship between domestic subordination and immigration law. The U.S. government historically employed immigration laws in an effort to protect the established political and social order. History reveals a strong correlation between the severe treatment politically subversive U.S. citizens received and the constriction of the immigration laws. This Article argues the lack of constitutional protections for noncitizens helps to explain the recurrent backlash against them. The treatment of noncitizens suggests how far the government might go to suppress domestic political dissent by …

Title Iii Of The Violence Against Women Act: The Answer To Domestic Violence Or A Constitutional Time-Bomb Comment., Yvette J. Mabbun

St. Mary's Law Journal

The Violence Against Women Act (VAWA) was enacted in 1994 to combat the growing and widespread epidemic of domestic violence. Congressional committees assigned to study this epidemic found that violent attacks by men topped the list of dangers to an American woman’s health. In an attempt to raise society’s awareness of the problem of violence against women and to ameliorate the victimization of women, Congress enacted VAWA. Specifically, Title III of VAWA establishes a federal civil right for victims of violent, gender-motivated crimes. These provide victims with either injunctive or monetary compensation. Consequently, there have been questions about the constitutionality …

Colorado River Governance: Sharing Federal Authority As An Incentive To Create A New Institution, David H. Getches

Publications

No abstract provided.

The Interaction Of The Division Order And The Lease Royalty Clause., Laura H. Burney

St. Mary's Law Journal

Because lease royalty clauses, which establish the obligation of the lessee to pay royalties to the lessor, generally fail to include the details necessary to calculate a lessor’s royalty, lessee or third party purchasers historically have implemented a division order. An additional document in the payment process, the division order protects against a lessee or third party purchaser’s liability for conversion or failure to account properly. Recent court of appeals and Supreme Court of Texas opinions provide an analysis of the interaction of the lease royalty clause and the division order under Texas statutory and case law. The awkward wording …

The Prospects For Challenging U.S. Nuclear Weapons Policy In Light Of The World Court's Advisory Opinion On The Legality Of The Threat Or Use Of Such Weapons Comment., Stephen Gordon

St. Mary's Law Journal

In an opinion, the World Court concluded “the threat or use of nuclear weapons would generally be contrary to the rules of international law,” the only exception being “in an extreme circumstance of self-defense, where survival of a State is at stake.” The Court’s opinion could read as prohibiting the most common ways the United States incorporated nuclear weapons into its defense strategy. First, it may prevent the United States from using such weapons again legally. Second, if the opinion does not render using nuclear weapons illegal in all circumstances, it might prohibit the United States from ever being the …

Immigration Reform: Seeking The Right Reasons., Lamar Smith, Edward R. Grant

St. Mary's Law Journal

The legacy of immigration to the United States permeates the debate over current immigration policy. Because our self-definition as a nation is at stake in this debate, the issue of immigration arouses our deepest sentiments regarding the communities in which we live. We do not need to search far back in our history to find examples of imprudent law-making. Both the 1924 and 1925 immigration laws were motivated in large part by purposes which eventually undermined the principles on which they rested. These acts serve as prime examples of how employing erroneous reasons to enact even well-intentioned laws can be …

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 …

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 …

Gatekeeping In Texas: The Practical Impact Of Full Implementation Of The Texas Rules Of Civil Evidence Regarding Experts., Suzanne B. Baker

St. Mary's Law Journal

Abstract Forthcoming.

Free Trade Agreements And The Federal Courts: Emerging Issues., Robert P. Deyling

St. Mary's Law Journal

The United States and Canada, and more recently Mexico, have tried to resolve certain types of international trade disputes through a unique process. Under the United States-Canada Free Trade Agreement (CFTA) and its successor, the North American Free Trade Agreement (NAFTA), disputing parties may choose binational panels to review disputes over antidumping and countervailing duty determinations. Binational panel review entirely replaces national judicial review for each case in which the parties choose the panel process. Panels are convened on a case-by-case basis from a list of trade experts submitted by disputing countries. Panels must follow relevant national trade law in …