An Employer's Relationship With Its Recruiting Firm - Something More Than An Arm's-Length Transaction.,
2015
St. Mary's University
An Employer's Relationship With Its Recruiting Firm - Something More Than An Arm's-Length Transaction., Hannah L. Hembree
St. Mary's Law Journal
Taking advantage of the perfect storm created by an increased demand for professional services and a shortage of qualified candidates, recruiting firms search for permanent employees on behalf of employers across the nation. These searches are often characterized by non-exclusive contingency agreements wherein a recruiting firm’s entitlement to remuneration is directly tied to successful placement—ranging from 15% to 30% of a candidate’s first year salary. Though communication from interested applicants constitutes the easiest path to placement, passive candidates are quickly becoming the primary target of zealous recruiters. Passive candidates are those currently employed but open to the possibility of changing …
The Economic Loss Doctrine As An Obstacle To Claims Of Contractual Strangers.,
2015
St. Mary's University
The Economic Loss Doctrine As An Obstacle To Claims Of Contractual Strangers., Richard L. Reed, Richard L. Reed Jr.
St. Mary's Law Journal
Home owners, contractors, and subcontractors entering a contract to build in accordance with another’s design must be aware of their respective risks under the economic loss doctrine. The economic loss doctrine bars recovery due purely to economic loss by a party that is a contractual stranger. In a typical construction contract, a homeowner may separately contract with a contractor and a design professional. In this situation, the contractor does not have privity with the design professional and the economic loss doctrine bars the contractor from suing the design professional for economic loss. Likewise, if the homeowner hires a contractor and …
Anti-Retaliation Protection For Internal Whistleblowers Under Dodd-Frank Following The Fifth Circuit Decision In Asadi.,
2015
St. Mary's University
Anti-Retaliation Protection For Internal Whistleblowers Under Dodd-Frank Following The Fifth Circuit Decision In Asadi., Tapas Agarwal
St. Mary's Law Journal
Abstract Forthcoming.
Defining A Health Care Liability Claim In The Post-Texas West Oaks Era.,
2015
St. Mary's University
Defining A Health Care Liability Claim In The Post-Texas West Oaks Era., William Woolsey
St. Mary's Law Journal
Following the Texas Supreme Court’s rulings in West Oaks Hospital v. Williams and Ross v. St. Luke’s Episcopal Hospital, it remains unclear whether a non-patient’s injury in a hospital constitutes a health care liability claim (HCLC). If the trial court rules the claim is an HCLC, the plaintiff must present expert testimony. Failure to present an expert report within 120 days after filing the suit results in automatic dismissal. The Texas Supreme Court addressed this issue in West Oaks. The Court held that a claimant, suing a hospital under a theory of premise liability, need not be a patient for …
Brookshire Bros.: Cleanup On Aisle 9 - The Current Messy State Of Spoliation Law.,
2015
St. Mary's University
Brookshire Bros.: Cleanup On Aisle 9 - The Current Messy State Of Spoliation Law., Xavier Rodriguez
St. Mary's Law Journal
Abstract Forthcoming.
Enforcement Of Noncompetition Agreements: Protecting Public Interests Through An Entrepreneurial Approach.,
2015
St. Mary's University
Enforcement Of Noncompetition Agreements: Protecting Public Interests Through An Entrepreneurial Approach., Griffin Toronjo Pivateau
St. Mary's Law Journal
Abstract Forthcoming.
Revenge Pornography: Exploring Tortious Remedies In Texas.,
2015
St. Mary's University
Revenge Pornography: Exploring Tortious Remedies In Texas., Kevin B. Bennett
St. Mary's Law Journal
Abstract Forthcoming.
How Mccullen Affects San Antonio's Anti-Panhandling Ordinance.,
2015
St. Mary's University
How Mccullen Affects San Antonio's Anti-Panhandling Ordinance., Christopher M. Childree
St. Mary's Law Journal
Abstract Forthcoming.
Professor Aloysius A. Leopold: An Extraordinary Man.,
2015
St. Mary's University
Professor Aloysius A. Leopold: An Extraordinary Man., Gerry W. Beyer
St. Mary's Law Journal
Abstract Forthcoming.
The Ancient Magna Carta And The Modern Rule Of Law: 1215 To 2015.,
2015
St. Mary's University
The Ancient Magna Carta And The Modern Rule Of Law: 1215 To 2015., Vincent R. Johnson
St. Mary's Law Journal
This article argues the text of the Magna Carta, now 800 years old, and reflects many of the values that are at the center of the modern concept of the Rule of Law. A careful review of its provisions reveals the Magna Carta demonstrates a strong commitment to the resolution of disputes based on rules and procedures that are consistent, accessible, transparent, and fair; and to the development of a legal system characterized by official accountability and respect for human dignity.
Lincoln V. The Proslavery Constitution: How A Railroad Lawyer's Constitutional Theory Made Him The Great Emancipator.,
2015
St. Mary's University
Lincoln V. The Proslavery Constitution: How A Railroad Lawyer's Constitutional Theory Made Him The Great Emancipator., Paul Finkelman
St. Mary's Law Journal
Abstract Forthcoming.
A Constitutional Amendment Allowing Broader Campaign-Finance Reform Would Not Criminalize Political Satire.,
2015
St. Mary's University
A Constitutional Amendment Allowing Broader Campaign-Finance Reform Would Not Criminalize Political Satire., Christopher W. Bell
St. Mary's Law Journal
Campaign finance remains a perennial issue, because contributions and expenditures define the political campaigns which shape our democracy. While a majority of the American public supports limiting campaign spending, campaign finance reform remains near the bottom of most voters’ priorities. Reformers have called the lack of the public’s interest “[o]ne of the persistent mysteries of campaign finance reform.” Citizens United v. F.E.C. focused national attention on the role of money in politics. Citizens United evoked such strong reactions, because it represents the two competing versions of the concept of freedom of speech: “free speech as serving liberty” and “free speech …
Distributed, Nega-, And Reclaimed: Setting Expectations In The "New" Resource Base,
2015
University of Colorado Law School
Distributed, Nega-, And Reclaimed: Setting Expectations In The "New" Resource Base, Michael Pappas
Publications
No abstract provided.
Introduction: Changing Law For A Changing Climate,
2015
UC Hastings College of the Law
Introduction: Changing Law For A Changing Climate, David Takacs
Faculty Scholarship
No abstract provided.
An Examination Of El Niño's And Agricultural Runoff's Effect On Harmful Algal Blooms And California Sea Lion (Zalophus Californianus) Health In Monterey Bay,
2015
Scripps College
An Examination Of El Niño's And Agricultural Runoff's Effect On Harmful Algal Blooms And California Sea Lion (Zalophus Californianus) Health In Monterey Bay, Nadine Lafeber
Scripps Senior Theses
An increase in marine mammal stranding and die-off events has been observed along the California coast. The exact cause to explain for these recent events is unknown, but El Niño and harmful algal blooms are established sources for temporary decreases in marine mammal health. To determine whether El Niño could be causing and amplifying harmful algal blooms, particularly in Monterey Bay where they occur frequently, data was analyzed from the Marine Mammal Center in Sausalito, California. Data analysis focused on California sea lions (Zalophus californianus), because they have the largest data set and are directly affected by harmful …
Adapting Conservation Easements To Climate Change,
2015
University of Wisconsin-Madison
Adapting Conservation Easements To Climate Change, Adena R. Rissman, Jessica Owley, M. Rebecca Shaw, Barton H. Thompson Jr.
Journal Articles
Perpetual conservation easements (CEs) are popular for restricting development and land use, but their fixed terms create challenges for adaptation to climate change. The increasing pace of environmental and social change demands adaptive conservation instruments. To examine the adaptive potential of CEs, we surveyed 269 CEs and interviewed 73 conservation organization employees. Although only 2% of CEs mentioned climate change, the majority of employees were concerned about climate change impacts. CEs share the fixed-boundary limits typical of protected areas with additional adaptation constraints due to permanent terms on private lands. CEs often have multiple, potentially conflicting purposes that protect against …
Keeping Track Of Conservation,
2015
University of Miami School of Law
Keeping Track Of Conservation, Jessica Owley
Journal Articles
Throughout the world, governments require land protection in exchange for development permits. Unfortunately, oftentimes scant attention has been paid to these land protection programs after development. Agencies and permit applicants agree on mitigation rules, but there appears to be little follow-up. When we do not know where conservation is occurring and cannot determine the rules of mitigation projects, the likelihood that they will be successful or enforced diminishes. I journeyed to California in search of answers by tracing four mitigation plans associated with the Federal Endangered Species Act. While I anticipated some difficulties, the tale is more alarming than expected. …
A Response To The Ipcc Fifth Assessment,
2015
Touro College Jacob D. Fuchsberg Law Center
A Response To The Ipcc Fifth Assessment, Sarah J. Adams-Schoen, Deepa Badrinarayana, Cinnamon Carlarne, Robin Kundis Craig, John C. Dernbach, Keith H. Hirokawa, Alexandra B. Klass, Katrina Fischer Kuh, Stephen R. Miller, Jessica Owley, Shannon M. Roesler, Jonathan Rosenbloom, Inara Scott, David Takacs
Journal Articles
This collection of essays is the initial product of the second meeting of the Environmental Law Collaborative, a group of environmental law scholars that meet to discuss important and timely environmental issues. Here, the group provides an array of perspectives arising from the Fifth Assessment of the Intergovernmental Panel on Climate Change. Each scholar chose one passage from one of the IPCC’s three Summaries for Policymakers as a jumping-off point for exploring climate change issues and responding directly to the reports. The result is a variety of viewpoints on the future of how law relates to climate change, a result …
Time For A Restatement,
2015
University of Montana School of Law
Time For A Restatement, Irma S. Russell, Robert Percival, Tracey Hester, Victor Flatt, Joel Mintz
Faculty Journal Articles & Other Writings
After a quarter century of statutory stagnation, the American Law Institute needs to address environmental laws, regulations, and judicial decisions to clarify and solidify the consensus to date and the need for evolution to address emerging threats.
Public Hazard, Personal Peril: The Impact Of Non-Governmental Organizations In The Environmental Justice Movement,
2015
University of Richmond
Public Hazard, Personal Peril: The Impact Of Non-Governmental Organizations In The Environmental Justice Movement, Andrea Y. Simpson
Richmond Public Interest Law Review
This article argues that the local emphasis of what I call micromovements that form the larger Environmental Justice Movement could gain more traction from relationships with Non-Governmental Organizations. Such partnerships are emerging on a national level; however, since the localized movements communicate with, but are not partners with, national organizations such as the National Black Environmental Network, it is unclear how such partnerships add value to the activities of local groups. Moreover, some partnerships are forged for the organization of a specific event such as a conference or working group study Part II of this article discusses an overview of …
