State and Local Government Law Commons^™

An Employer's Intentional Failure To Maintain A Safe Work Place Is Not An Intentional Act Unless The Employer Is Substantially Certain That Such Conduct Would Cause The Injury., David S. Goldberg

St. Mary's Law Journal

Abstract Forthcoming.

Hospital Liability May Be Based On Either Doctrine Of Ostensible Agency Or Doctrine Of Corporate Negligence., Gregory T. Perkes

St. Mary's Law Journal

Abstract Forthcoming.

Foreword., Editorial Board St. Mary's Law Journal

St. Mary's Law Journal

Abstract Forthcoming.

Cancellation Of Water Rights In Texas: Use It Or Lose It., R. Lambeth Townsend

St. Mary's Law Journal

It is the constitutional duty of the State of Texas to conserve and develop the state’s water resources. Texas effectuates water conservation and utilization through its system of granting and administering rights for the beneficial use of the state’s water. The Supreme Court of Texas concluded the state can further conserve water by cancelling appropriations not beneficially used to the limit provided in the permit, certified filing, or certificate of adjudication. Cancellation of unused water rights enables the Water Commission to make water available for beneficial use by others. Only by the beneficial use of water can the state obtain …

The Continuing Voids In Texas Groundwater Law: Are Concepts And Terminology To Blame., Corwin W. Johnson

St. Mary's Law Journal

Abstract Forthcoming.

Texas' Interstate Water Compacts., Paul Elliott

St. Mary's Law Journal

Abstract Forthcoming.

Environmental Significance Of Instream Flows., James W. Johnston

St. Mary's Law Journal

Abstract Forthcoming.

A Primer On Trademarks And Service Marks., Lawrence E. Evans Jr.

St. Mary's Law Journal

Abstract Forthcoming.

The Profession As A Moral Teacher Legal Essay., Thomas Shaffer

St. Mary's Law Journal

Abstract Forthcoming.

The Vestiges Of The Texas Employment At-Will Doctrine In The Wake Of Progressive Law: The Employment Handbook Exception Comment., Brian Kennington Lowry

St. Mary's Law Journal

Under a traditional approach of the at-will rule, if an employer hires an employee for an indefinite term then the employer may terminate the employee at will. Modification of the at-will rule has gained widespread support throughout the country. A majority of states now follow the progressive view, which allows the employment manual to become part of the labor contract, thereby obligating employers to abide by manual provisions. The progressive view maintains that an employee’s continued service after an employer issues a manual, constitutes ample consideration to make the document binding. Once a court recognizes the existence of independent consideration, …

Court-Sponsored Custody Mediation To Prevent Parental Kidnapping: A Disarmament Proposal Comment., Sue T. Bentch

St. Mary's Law Journal

Texas should implement a court-sponsored custody mediation plan to prevent parental kidnapping. Each day, hundreds of parents kidnap their own children. These kidnapped children are often the innocent victims of an escalating custody battle between parents. The magnitude of the parental kidnapping problem has forced Congress and the legislatures of the various states to address its possible solution. Congress and state legislatures implemented the Uniform Child Custody Jurisdiction Act, the Parental Kidnapping Prevention Act of 1980, state criminal laws, civil laws, and tort suits to address the problem. Unfortunately, these remedies only address the problem after the abduction has occurred. …

Thinking About Federal Jurisdiction - Of Serpents And Swallows., Thomas E. Baker

St. Mary's Law Journal

Abstract Forthcoming.

Trial Court Jurisdiction And Control Over Judgments., David Peeples

St. Mary's Law Journal

Abstract Forthcoming.

Collecting Attorney Fees From The Government In Tax Litigation: An Analysis Of The Winners And Prospects For The Future., Craig J. Langstraat

St. Mary's Law Journal

Abstract Forthcoming.

Judgment Granting Equitable Relief Cannot Support Award Of Punitive Damages Where Actual Damages Are Not Also Recovered., Beth Mcallister

St. Mary's Law Journal

Abstract Forthcoming.

Introduction., Larry Soward

St. Mary's Law Journal

Abstract Forthcoming.

Premises Liability In Texas - Time For A Reasonable Change., Kathryn E. Eriksen

St. Mary's Law Journal

Abstract Forthcoming.

Racketeer Influenced And Corrupt Organizations Act (Rico) - Maintenance Of A Private Civil Rico Action Does Not Require A Showing That The Defendant Has Been Criminally Convicted Of The Predicate Acts Nor That The Plaintiff Has Sustained A Racketeering Injury Distinct From The Alleged Predicate Acts., Ruth E. Greenfield

St. Mary's Law Journal

Abstract Forthcoming.

Antitrust Immunity For Local Governments: Maryland's Response In The Wake Of Boulder

Maryland Law Review

No abstract provided.

National Minimum Drinking Age Act Of 1984: Once Again Congress Mails Home Another Fist, Kevin Kadlec

Cleveland State Law Review

This Note will examine the federal interest as it conflicts with the states' interest in setting their own drinking ages, which are derived from section two of the twenty-first amendment and the tenth amendment, respectively. This conflict is given sharper focus when examined in the context of Supreme Court tests and balancing measures developed in recent decades in these constitutional arenas. A controversy has arisen because of the congressional imposition of a national minimum drinking age on the states through coercive withholding of federal funds. It is the purpose of this Note to examine the controversy created by the Drinking …

Nlra Preemption Of State Law Actions For Wrongful Discharge In Violation Of Public Policy, Thomas Bean

University of Michigan Journal of Law Reform

This Note considers the circumstances under which the NLRA should preempt state law tort suits for discharge in contravention of public policy by employees covered by a collective bargaining agreement, and by at-will employees. Part I discusses the rationale behind the preemption doctrine and outlines the tests the Supreme Court has adopted for determining when the NLRA preempts state laws. Part II argues that the specific rationale behind the Court's preemption tests are inapplicable to the typical public policy wrongful discharge action. Part III identifies the ways in which public policy wrongful discharge actions might infringe on the NLRA. It …

United States V. Pend Oreille County P.U.D. No. 1: A Signal Conflict Between Equal Footing And Aboriginal Indian Title, Daniel H. Cole

Articles by Maurer Faculty

A summary judgment decision is ordinarily not casenote material. But the denial of summary judgment in Pend Oreille proved a significant victory to tribal bedlands claimants averting aboriginal rights. The decision allows tribes to avoid the presumption of state ownership of lands beneath navigable rivers, established by the Supreme Court in Montana v. United States, without proving conveyance by the federal government. Most importantly the Pend Oreille summary judgment decision illustrates the substantial flaws of the Montana rule.

The Supreme Court And State Protectionism: Making Sense Of The Dormant Commerce Clause, Donald H. Regan

Articles

For almost fifty years, scholars have urged the Court to "balance" in dormant commerce clause cases; and the scholars have imagined that the Court was following their advice. The Court has indeed claimed to balance, winning scholarly approval. But the Court knows better than the scholars. Despite what the Court has said, it has not been balancing. It has been following a simpler and better-justified course. In the central area of dormant commerce clause jurisprudence, comprising what I shall call "movement-of-goods" cases), the Court has been concerned exclusively with preventing states from engaging in purposeful economic protectionism. Not only is …

Discovery And Sanctions For Discovery Abuse., Joe K. Longley, Mark L. Kincaid

St. Mary's Law Journal

Abstract Forthcoming.

Washington's Ballot Restriction For Minor Party Candidates: When Is A Primary Not A Primary?, Emily Calhoun

Publications

No abstract provided.

Does Mississippi's System For Financing Public Schools From "School Lands" Violate Federal Law?, Richard B. Collins

Publications

No abstract provided.

Of Lollipops And Law -- A Proposal For A National Policy Concerning Tender Offer Defenses, Ted J. Fiflis

Publications

Early last year, Mesa Petroleum Company made a tender offer for shares of Unocal Corporation in an effort to take over Unocal. Unocal responded by using the "lollipop" defense, which is a discriminatory issuer self-tender offer. Unocal's use of this defense resulted in huge economic losses to many of Unocal's small shareholders who were not knowledgeable about the ramifications of their participation or non-participation in the tender offer. The Delaware Supreme Court upheld Unocal's use of this defense as an appropriate exercise of business judgment. A federal district court in California refused to strike down the lollipop under federal law …

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1986, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1986, Volume 2, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

The Death-Prolonging Procedures Act And Refusal Of Treatment In Missouri, Sandra H. Johnson

All Faculty Scholarship

Missouri’s Death-Prolonging Procedures Act of 1985 represents an effort to ensure that an individual’s choices regarding medical treatment will be honored, even if the individual becomes incompetent. This article considers the Act’s limiting structure and examines the effect of these limits on the effectiveness of the Act in providing a legal right to refuse medical treatment.

Following an introduction, Part II describes the limiting structure of the Act. Part III considers the way in which the Act’s limitations relate to its binding effect.

First, an individual’s declaration applies only to "death-prolonging procedures" and only if the individual is terminally ill. …