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Articles 1561 - 1590 of 1939
Full-Text Articles in State and Local Government Law
What Price Innocence - A Realistic View Of The Innocent Landowner Defense Under Cercla., Debra L. Baker, Theodore G. Baroody
What Price Innocence - A Realistic View Of The Innocent Landowner Defense Under Cercla., Debra L. Baker, Theodore G. Baroody
St. Mary's Law Journal
Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to provide the federal government and the states with authority to clean up hazardous waste sites. This article discusses the significance of the so-called “innocent landowner defense” under CERCLA. This Act imposed liability on landowners regardless of the landowner’s contribution to, or awareness of, the presence of hazardous substances on their acquired property. The exceedingly, and apparently unintentionally, harsh impact of CERCLA liability soon became apparent. This article addresses a brief summary of the statute and the manner in which the innocent landowner defense came into existence. …
Is Lemon A Lemon - Crosscurrents In Contemporary Establishment Clause Jurisprudence., Stuart W. Bowen Jr.
Is Lemon A Lemon - Crosscurrents In Contemporary Establishment Clause Jurisprudence., Stuart W. Bowen Jr.
St. Mary's Law Journal
No abstract provided.
An Employer Cannot Avoid Its Obligation To Contribute To An Employee-At-Will's Pension Plan By Terminating The Employee., Carol Jendrzey
An Employer Cannot Avoid Its Obligation To Contribute To An Employee-At-Will's Pension Plan By Terminating The Employee., Carol Jendrzey
St. Mary's Law Journal
In McClendon v. Ingersoll-Rand Co., the Texas Supreme Court held an employer cannot avoid its obligation to contribute to an employee-at-will’s pension plan by terminating the employee. A minority of jurisdictions recognize an implied contract exception to the employment-at-will doctrine allowing termination only with cause. In these jurisdictions, employers who raise the defense of statute of frauds because there is no written employment contract may be defeated by the terms of employment articulated in employee handbooks and manuals. Though both the legislatures and the courts recognize a public policy interest in protecting employee pension plans, the United States Supreme Court …
A Practical Guide To The Admissibility Of Novel Expert Evidence In Criminal Trials Under Federal Rule 702., Cathleen C. Herasimchuk
A Practical Guide To The Admissibility Of Novel Expert Evidence In Criminal Trials Under Federal Rule 702., Cathleen C. Herasimchuk
St. Mary's Law Journal
No abstract provided.
Digital Audio Recording Technology: Challenges To American Copyright Law., Douglas Reid Weimer
Digital Audio Recording Technology: Challenges To American Copyright Law., Douglas Reid Weimer
St. Mary's Law Journal
This Article discusses the objectives of American copyright law, its development and its current day codification. The inception of digital audio recording technology (“DAT”) raises new challenges for American copyright law. American copyright is a constitutionally sanctioned and legislatively accorded form of protection for authors against the unauthorized copyright of their “original works of authorship.” A significant copyright issue is the ability of DAT to reproduce nearly perfect copies of copyrighted musical works. This Article further discusses certain aspects of copyright law, such as the fair use defense and the concept of “home” for the purposes of copyright protection. The …
The Stagnation Of Texas Ground Water Law: A Political V. Environmental Stalemate., Karen H. Norris
The Stagnation Of Texas Ground Water Law: A Political V. Environmental Stalemate., Karen H. Norris
St. Mary's Law Journal
The rapidly increasing Texas population coupled with the scarcity of water resources has created an urgent need for regulation of ground water pumpage. The extraction of ground water in Texas remains largely unregulated. Texas landowners, by virtue of their surface ownership, have property rights in all underlying ground water. As such, Texas landowners have the right to unlimited pumpage of the ground water beneath their land. Texas landowners have jealously guarded this right at the expense of our environment and future water resources. The Texas legislature created conservative underground water districts to help preserve water resources. However, the limited scope …
Benign Classification Based On Race Must Be Narrowly Tailored To Achieve A Compelling Governmental Interest., Martha J. Hess
Benign Classification Based On Race Must Be Narrowly Tailored To Achieve A Compelling Governmental Interest., Martha J. Hess
St. Mary's Law Journal
In City of Richmond v. J.A. Croson Co., the Supreme Court held a minority business utilization plan (Richmond Plan) was violative of the Fourteenth Amendment’s Equal Protection Clause. The Richmond Plan required all builders awarded city construction contracts to subcontract, at minimum, 30% of the contract value to Minority Business Enterprises. A state government enacting legislation that burdens one class of persons and benefits a similarly-situated class must provide sufficient justification for its action to survive equal protection analysis. When distinction is based on race or national origin—classes considered inherently suspect—a reviewing court subjects the governmental legislation to strict scrutiny, …
The Original Intent Of The Education Article Of The Texas Constitution., Mikal Watts, Brad Rockwell
The Original Intent Of The Education Article Of The Texas Constitution., Mikal Watts, Brad Rockwell
St. Mary's Law Journal
Abstract Forthcoming.
Current Procedures For Performing Meaningful Discussions In Federal Negotiated Procurements Are Uneconomical, Inefficient, And Ineffective - A Proposal For Improvement., Howard L. Speight
Current Procedures For Performing Meaningful Discussions In Federal Negotiated Procurements Are Uneconomical, Inefficient, And Ineffective - A Proposal For Improvement., Howard L. Speight
St. Mary's Law Journal
Abstract Forthcoming.
Nonparties To Employment Discrimination Consent Decrees May Attack, In A Collateral Lawsuit, Decisions Made Pursuant To The Decrees., Michael T. Larkin
Nonparties To Employment Discrimination Consent Decrees May Attack, In A Collateral Lawsuit, Decisions Made Pursuant To The Decrees., Michael T. Larkin
St. Mary's Law Journal
In Martin v. Wilks, the United States Supreme Court held nonparties to employment discrimination consent decrees may attack, in a collateral lawsuit, decisions made pursuant to the decrees. A consent decree is a voluntary judgment between parties which facilitates settlement of litigation by providing one party with equitable relief. Courts retain jurisdiction over parties to a consent decree, and they can issue contempt orders to parties violating the terms of the decree. Unlike judgments, the parties cannot challenge the consent decrees, except in limited circumstances. Recently, federal courts have widened the scope of preclusion law by defining the term “claim” …
Limitation Of Liability Of Limited Partners While Affording Control Of Partnership Affairs To Limited Partners., Kenneth L. Bennight Jr., Troy (Trey) S. Martin Iii
Limitation Of Liability Of Limited Partners While Affording Control Of Partnership Affairs To Limited Partners., Kenneth L. Bennight Jr., Troy (Trey) S. Martin Iii
St. Mary's Law Journal
This article examines the liability provisions of the Texas Revised Act Section 3.03 and compares it with other uniform limited partnership acts. It attempts to ascertain the amount of control a limited partner can exercise over the partnership without risking unlimited liability as a general partner. Limited partners invest capital and share in the profits of the business, but their liability is limited to the amount of capital they invest. If the limited partners exercise control over the business, however, the limited partners may forfeit their limited liability and become liable as general partners. In the last century, the law …
Medical Board Of California, K. Elliott, D. Kaplan, D. Kraus, J. D'Angelo
Medical Board Of California, K. Elliott, D. Kaplan, D. Kraus, J. D'Angelo
California Regulatory Law Reporter
No abstract provided.
Board Of Examiners Of Nursing Home Administrators, K. Elliott
Board Of Examiners Of Nursing Home Administrators, K. Elliott
California Regulatory Law Reporter
No abstract provided.
Board Of Pharmacy, W. Kubelun
Board Of Pharmacy, W. Kubelun
California Regulatory Law Reporter
No abstract provided.
Board Of Registered Nursing, D. Kraus
Board Of Registered Nursing, D. Kraus
California Regulatory Law Reporter
No abstract provided.
Board Of Examiners In Veterinary Medicine, K. Franke
Board Of Examiners In Veterinary Medicine, K. Franke
California Regulatory Law Reporter
No abstract provided.
Board Of Vocational Nurse And Psychiatric Technician Examiners, M. Beaver
Board Of Vocational Nurse And Psychiatric Technician Examiners, M. Beaver
California Regulatory Law Reporter
No abstract provided.
Board Of Chiropractic Examiners, Z. Loudon
Board Of Chiropractic Examiners, Z. Loudon
California Regulatory Law Reporter
No abstract provided.
Board Of Osteopathic Examiners, K. Mattes
Board Of Osteopathic Examiners, K. Mattes
California Regulatory Law Reporter
No abstract provided.
Proving Violations Or Proving Affirmative Defenses Under The Occupational Safety And Health Act Of North America, Michael R. Smith
Proving Violations Or Proving Affirmative Defenses Under The Occupational Safety And Health Act Of North America, Michael R. Smith
North Carolina Central Law Review
No abstract provided.
Board Of Vocational Nurse And Psychiatric Technician Examiners, M. Beaver
Board Of Vocational Nurse And Psychiatric Technician Examiners, M. Beaver
California Regulatory Law Reporter
No abstract provided.
Board Of Osteopathic Examiners, K. Mattes
Board Of Osteopathic Examiners, K. Mattes
California Regulatory Law Reporter
No abstract provided.
Board Of Dental Examiners, J. Caviness
Board Of Dental Examiners, J. Caviness
California Regulatory Law Reporter
No abstract provided.
Board Of Medical Quality Assurance, K. Elliott, D. Kaplan, D. Kraus, J. D'Angelo
Board Of Medical Quality Assurance, K. Elliott, D. Kaplan, D. Kraus, J. D'Angelo
California Regulatory Law Reporter
No abstract provided.
Board Of Examiners Of Nursing Home Administrators, K. Elliott
Board Of Examiners Of Nursing Home Administrators, K. Elliott
California Regulatory Law Reporter
No abstract provided.
Board Of Optometry, J. Skay
Board Of Registered Nursing, D. Kraus
Board Of Registered Nursing, D. Kraus
California Regulatory Law Reporter
No abstract provided.
Board Of Examiners In Veterinary Medicine, K. Franke
Board Of Examiners In Veterinary Medicine, K. Franke
California Regulatory Law Reporter
No abstract provided.
Board Of Chiropractic Examiners, Z. Loudon
Board Of Chiropractic Examiners, Z. Loudon
California Regulatory Law Reporter
No abstract provided.