State and Local Government Law Commons^™

Giving Texas Lawyers Their Dues: The State Bar's Liability Under Hudson And Keller For Political And Ideological Activities., Ralph H. Brock

St. Mary's Law Journal

The State Bar must provide information for members to assess the propriety of mandatory dues and establish a procedure for members to challenge improper expenditures, however, the Texas State Bar provides no such procedure. Although most states have unified bars, opposition to compulsory bar membership is steady—due largely, to using membership dues to lobby state legislatures in favor of positions which some members may oppose. Chicago Teachers Union v. Hudson and Keller v. State Bar of California are the culmination of labor union and unified bar cases which uphold compulsory membership but establish constitutional limits on the uses of mandatory …

Hopwood V. Texas: A Victory For Equality That Denies Reality Recent Development., Robert A. Lauer

St. Mary's Law Journal

Abstract Forthcoming.

The Presumption Of Innocence: Patching The Tattered Cloak After Maryland V. Craig., Ralph H. Kohlmann

St. Mary's Law Journal

Over one hundred years ago, the United States Supreme Court recognized the importance of the presumption of innocence in a criminal justice system which is based on due process. The Court declared the presumption of innocence is “the undoubted law, axiomatic, and elementary, and its enforcements lies at the foundation … of our criminal law.” The Court’s changing view of the Sixth Amendment’s Confrontation Clause is the most recent contribution to the reduction in the practical value of the presumption of innocence. In Maryland v. Craig, the Court decided that while face-to-face confrontation forms the core of values furthered in …

Texas Private Real Property Rights Preservation Act: A Political Solution To The Regulatory Takings Problem Comment., George E. Grimes Jr.

St. Mary's Law Journal

Increasing environmental regulation has resulted in an antiregulation backlash and the growth of a property rights movement. Unable to successfully use the courts to protect private property from diminution in value due to government regulations, property rights advocates have looked to the federal and state legislatures for assistance. This has led to some states and the United States Congress to introduce private property rights protection. This protection generally takes one of two forms. The first requires the government to assess the possible effect on property rights before enacting regulations. The second requires the government to compensate property owners for the …

The Habeas Corpus Revolution: A New Role For State Courts., Charles F. Baird

St. Mary's Law Journal

This Article’s purpose is to portray recent changes in the United States Supreme Court’s habeas corpus jurisprudence—limiting the scope of the federal writ while reducing the federal judiciary’s role overseeing the criminal justice systems. Seemingly, the Court gave little thought to whether this reduction in federal oversight should be accompanied by a greater measure of review on the part of state courts. The writ of habeas corpus, often referred to as the Great Writ, is the primary means of enforcing rights guaranteed under the United States Constitution and federal courts are the principal guardians of these rights. While commitment to …

Watershed Based Efforts: The Applegate Partnership Of Southwest Oregon, Jack Shipley

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

15 pages.

Abdication Can Be Fun, Join The Orgy, Everyone: A Simpleton’S Perspective On Abdication Of Federal Land Management Responsibilities, George Cameron Coggins

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

14 pages.

Assessing The Health Of The Body Politic: Are The Cures Worse Than The Disease?, Margaret A. Shannon

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

7 pages.

Contains footnotes.

Back To The Future: Privatizing The Federal Estate, Terry L. Anderson

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

5 pages.

Contains references.

A History Of The Public Lands Debate, Patricia Nelson Limerick

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

22 pages.

Why We’Re Unhappy? [Synopsis], Louise Liston

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

2 pages.

The Benefits Of Professional Public Land Management, Elizabeth Estill

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

13 pages (includes illustration).

Contains references.

Agenda: Challenging Federal Ownership And Management: Public Lands And Public Benefits, University Of Colorado Boulder. Natural Resources Law Center

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

Conference organizers, speakers and/or moderators included University of Colorado School of Law professors David H. Getches, Michael A. Gheleta, Teresa Rice, Elizabeth Ann (Betsy) Rieke and Charles F. Wilkinson.

In the face of numerous proposals for privatizing, marketing, and changing the management of public lands, the Natural Resources Law Center will hold its third annual fall public lands conference October 11-13, at the CU School of Law in Boulder.

A panel of public land users and neighbors, including timber, grazing, mining, recreation, and environmental interests, will address current discontent with public land policy and management. There will also be discussion …

“Storm Across The West’S Rangelands—In The Eye Of The Cyclone”: From Conflict And Confrontation Toward Consensus And Compromise? [Outline], Ken Spann

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

3 pages.

Doctors, Aids, And Confidentiality In The 1990s, 27 J. Marshall L. Rev. 331 (1994), Sheila Taub

UIC Law Review

No abstract provided.

If I Tell You, Will You Treat Me, 27 J. Marshall L. Rev. 363 (1994), Mauro A. Montoya Jr.

UIC Law Review

No abstract provided.

J.E.B. V. Alabama Ex Rel. T.B.: Excellent Ideology, Ineffective Implementation., Nancy J. Cutler

St. Mary's Law Journal

Abstract Forthcoming.

Did We Treaty Away Ker-Frisbie Symposium - Human Rights In The Americas., Timothy D. Rudy

St. Mary's Law Journal

This Article explores whether U.S. ratification of the International Covenant on Civil and Political Rights (Civil and Political Covenant) provides the American judiciary with reason to jettison the Ker-Frisbie doctrine. If the United States does not forego use of the Ker-Frisbie doctrine the country will violate its international obligations arising from a major human rights treaty. Part II discusses the customary norm of international law which forbids—and the American rule which permits—forcible abductions overseas. It also reviews whether extraterritorial abductions violate customary international law. Part III discusses applicability of the Civil and Political Covenant to the Ker-Frisbie doctrine and details …

The Natural Law Tradition On The Modern Supreme Court: Not Burke, But The Enlightenment Tradition Represented By Locke, Madison, And Marshall., R. Randall Kelso

St. Mary's Law Journal

A traditional common-law style of judicial decisionmaking exists which was present at this nation’s founding. This common law style is derived from natural law tradition. And this tradition stands as an alternative to the formalism of Justice Scalia or the Holmesian style of Chief Justice Rehnquist. This natural law style, with its focus on the religious and communitarian ethical tradition, was the dominant view of judicial interpretation for the framing and ratifying generation of the original Constitution and the Civil War Amendments. The decisionmaking style of Justices O’Connor, Kennedy, and Souter appears to have great affinity with this traditional common-law …

The Texas Home Equity Controversy In Context Forum - Introduction., James W. Paulsen

St. Mary's Law Journal

This Essay provides some historical and legal context for the Texas home equity debate during the 1990s. It begins with an examination of early Texas homestead law, which did not clearly prohibit home equity lending. Part II describes the genesis of the homestead exemption in Texas. Public policy surrounding the homestead law had at least three components: protection of debtors, protection of women, and the fostering of an independent spirit in Texas settlers. Part III evaluates the Texas Constitution’s 1876 ban on home equity loans and the subsequent public debate up until the 1970s. Although criticism of the prohibition on …

Home Equity Reform In Texas Forum., Jerry Patterson

St. Mary's Law Journal

Texas citizens should vote on home equity reform to be able to decide for themselves whether they desire the benefits of home equity borrowing. Texas is the only state in the nation that prohibits homeowners from using their home equity as they see fit such as to educate their children, to start or expand small businesses, or to enjoy their retirement years. Critics to home equity reform in Texas do not fully understand the scope of the amendments or the benefits that come with reform. The myth that equity loans would trigger an increase in foreclosure rates cannot be documented …

The Spoliation Tort: An Approach To Underlying Principles., Steffen Nolte

St. Mary's Law Journal

Abstract Forthcoming.

Private Plaintiffs May Not Maintain Aiding And Abetting Suits Under Securities Exchange Act Section 10(B) And Securities And Exchange Commission Rule 10b-5., Ginger E. Margolin

St. Mary's Law Journal

In Central Bank v. First Interstate Bank, the United States Supreme Court held that private plaintiffs may not maintain aiding and abetting suits under Securities Exchange Act Section 10(b) and Security and Exchange Commission Rule 10b-5. The Court views Section 10(b) of the 1934 Act as a “catchall antifraud provision” that makes the use of “any manipulative or deceptive device or contrivance” in contravention of the provision a violation of Securities and Exchange Commission (SEC) rules if such acts occur during the purchase or sale of securities. Rule 10b-5 is substantially the same as Section 10(b). However, neither Section 10(b) …

The Women's Convention And The Equal Protection Clause Symposium - Human Rights In The Americas., Michael J. Corbera

St. Mary's Law Journal

This Article addresses whether the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (Women’s Convention) violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Because international treaties such as the Women’s Convention carry the same weight and are subject to the same treatment as U.S. federal law, the constitutionality of the Convention is dictated by U.S. jurisprudence. Part II of this Article outlines and discusses the origin and content of the Women’s Convention. Part III contains a historical review of gender jurisprudence in the United States, with particular emphasis on …

Chief Justice Calvert: Man Of Imperturable Integrity In Memoriam., Thomas M. Reavley

St. Mary's Law Journal

Abstract Forthcoming.

Chief Justice Calvert: Simple Rules Made Him Great In Memoriam., Jack Pope

St. Mary's Law Journal

Abstract Forthcoming.

Chief Justice Calvert, Our Highly Regarded Of Counsel In Memoriam., Lloyd Lochridge

St. Mary's Law Journal

Abstract Forthcoming.

Shading Of America: Keynote Address Before The 1995 National Conference Of Law Reviews Address., Antonia Hernandez

St. Mary's Law Journal

Abstract Forthcoming.

Appellate Review Of Criminal Cases In Texas - Foreword Foreword., Charles F. Baird

St. Mary's Law Journal

Abstract Forthcoming.

Appellate Review Of Criminal Cases In Texas., Ellen Bloomer Mitchell

St. Mary's Law Journal

This Article guides Texas practitioners in effectively preparing and presenting criminal cases on appeal. Its primary focus concerns the standards of review appellate courts use in determining the merits of the issues raised before them and, equally important, proper preservation and presentation of those issues. This Article does not exhaust the matters which may be raised on appeal in a criminal case. Rather, it covers a variety of issues and errors commonly raised in the “ordinary” criminal appeal. Understanding and utilizing this information in the presentation of issues on appeal will help the practitioner direct the appellate court to find …