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 …
Front Matter,
2015
University of New Mexico
Front Matter, Natural Resources Journal
Natural Resources Journal
No abstract provided.
The Michael Morton Act: Minimizing Prosecutorial Misconduct.,
2015
St. Mary's University
The Michael Morton Act: Minimizing Prosecutorial Misconduct., Cynthia E. Hujar Orr, Robert G. Rodery
St. Mary's Law Journal
Twenty-five years ago, Texas prosecutors significantly limited the pre-trial discovery it disclosed to criminal defendants. As a result of this policy, innocent individuals accused of murder, like Michael Morton, were denied their right to due process. Michael Morton was incarcerated for twenty-five years following a wrongful murder conviction. He was denied access to crucial evidence, which included a bandana with the victim’s blood and the killer’s hair, and eyewitness accounts describing the killer at or near the time of the murder. The prosecutor purposely withheld this evidence from Michael Morton; but thanks to the efforts of the Innocence Project, he …
Potential Tort Liability For Personal Use Of Drone Aircraft.,
2015
St. Mary's University
Potential Tort Liability For Personal Use Of Drone Aircraft., Benjamin D. Mathews
St. Mary's Law Journal
In the United States, the use of personal drones has become more prevalent. Businesses now use drones to deliver products to consumers. Consumers now use drones to video and photograph special events. As a result, new laws are needed concerning personal usage of drones. The number of drone sales is predicted to double by 2024. This is reflected by companies such as Parrot, a vendor of private drones, who in the first quarter of 2014 sold 670,000 drones. Citizens whose personal liberties have been infringed upon by another individual’s use of personal drones, often resort to common law torts because …
Hamrick V. Ward: Clarifying Implied Easement Law.,
2015
St. Mary's University
Hamrick V. Ward: Clarifying Implied Easement Law., Courtney R. Potter
St. Mary's Law Journal
Abstract Forthcoming.
Compensation Forfeiture: Stacking Remedies Against Disloyal Agents And Employees.,
2015
St. Mary's University
Compensation Forfeiture: Stacking Remedies Against Disloyal Agents And Employees., George P. Roach
St. Mary's Law Journal
Abstract Forthcoming.
“Touching The Concerns” Of Kiobel: Corporate Liability And Jurisdictional Remedies In Response To Kiobel Vs. Royal Dutch Petroleum,
2015
University of Oklahoma College of Law
“Touching The Concerns” Of Kiobel: Corporate Liability And Jurisdictional Remedies In Response To Kiobel Vs. Royal Dutch Petroleum, Chinyere Kimberly Ikegbunam
American Indian Law Review
No abstract provided.
Legal Tools For Local Control Of Oil And Gas Development: Successes, Challenges, And Opportunities – Focusing On Select Eastern And Western U.S. States With Current And Potential Oil/Gas Development,
2015
University of Montana
Legal Tools For Local Control Of Oil And Gas Development: Successes, Challenges, And Opportunities – Focusing On Select Eastern And Western U.S. States With Current And Potential Oil/Gas Development, Gabrielle M. Ostermayer
Graduate Student Theses, Dissertations, & Professional Papers
In response to the rise in unconventional oil and gas drilling and hydraulic fracturing, coupled with concerns over local environmental, social, and health impacts, and weak state regulatory oversight, many communities have chosen to assert zoning or regulatory control over oil and gas development. However, the legal framework that enables and constrains local government powers varies by state, based on diverse statutory and constitutional language as well as the preemption of local control by state agency regulations governing industry development. Through a series of case studies, this article identifies successful, legally defensible strategies for local control of oil and gas …
The Posse Comitatus Act Of 1878 And The End Of Reconstruction.,
2015
St. Mary's University
The Posse Comitatus Act Of 1878 And The End Of Reconstruction., Andrew Buttaro
St. Mary's Law Journal
Abstract Forthcoming.
Indemnification Agreements For Intentional Misconduct: Balancing Public Policy And Freedom To Contract In Texas.,
2015
St. Mary's University
Indemnification Agreements For Intentional Misconduct: Balancing Public Policy And Freedom To Contract In Texas., Meagan Mckeown
St. Mary's Law Journal
Abstract Forthcoming.
Agreements To Alter The Limitation Period Imposed By U.C.C. Section 2-725: Some Overlooked Complications.,
2015
St. Mary's University
Agreements To Alter The Limitation Period Imposed By U.C.C. Section 2-725: Some Overlooked Complications., Gregory Crespi
St. Mary's Law Journal
Abstract Forthcoming.
Cueing Democracy: Replacing The Texas Election Code's Title Prohibition.,
2015
St. Mary's University
Cueing Democracy: Replacing The Texas Election Code's Title Prohibition., Christopher M. Childree
St. Mary's Law Journal
Abstract Forthcoming.
Resolving Drug Manufacturer Liability For Generic Drug Warning Label Defects.,
2015
St. Mary's University
Resolving Drug Manufacturer Liability For Generic Drug Warning Label Defects., Frank Scaglione
St. Mary's Law Journal
Although generic drugs are beneficial to consumers because they are offered as a more cost effective alternative to brand-name prescriptions, brand-name manufacturers are vulnerable to potential lawsuits because of generic drugs. Under the Drug Price Competition and Patent Term Restoration Act of 1984 (Hatch-Waxman Act), generic manufacturers are able to quickly enter the market following the termination of a brand-name drug’s patent. As a result of the Hatch-Waxman Act, 75% of all drugs on the market are generic. The Hatch-Waxman Act, however, also requires generic drug manufacturers to duplicate the brand-name drug’s warning label. As an unintended consequence, injuries have …
Texas Inventory Tax: Appraisal Districts' Misunderstanding Of The Law Causing Texas Retailers To Pay The Price.,
2015
St. Mary's University
Texas Inventory Tax: Appraisal Districts' Misunderstanding Of The Law Causing Texas Retailers To Pay The Price., Timothy Johnson
St. Mary's Law Journal
Abstract Forthcoming.
Employee Recourses To Manager-Revealed Private Health Information.,
2015
St. Mary's University
Employee Recourses To Manager-Revealed Private Health Information., Molly Thomson
St. Mary's Law Journal
Abstract Forthcoming.
Following New Lights: Critical Legal Research Strategies As A Spark For Law Reform In Appalachia,
2015
West Virginia University College of Law
Following New Lights: Critical Legal Research Strategies As A Spark For Law Reform In Appalachia, Nicholas F. Stump
American University Journal of Gender, Social Policy & the Law
The nascent “critical legal research” movement applies the constellation of critical theory to the American legal research regime. Work in this discourse has unpacked the means through which commercial print and online legal resources (e.g., Westlaw and Lexis) insidiously channel the efforts of legal researchers, essentially predetermining research outcomes. Although legal research is commonly conceived as a normatively neutral paradigm, such commercial homogenizing agents (paired with traditional methods of legal analysis) in fact reflect and perpetuate society’s dominant interests. As grounded in the existing literature, this Article outlines novel strategies that may together constitute one potential version of a critically …
Public-Private Financed Road Infrastructure Development In North-Central Region Of Nigeria,
2015
Southern Methodist University, Dedman School of Law
Public-Private Financed Road Infrastructure Development In North-Central Region Of Nigeria, Adamu Mudi, John S. Lowe, David Manase
Faculty Journal Articles and Book Chapters
The development and provision of road infrastructure in Nigeria has primarily been through the traditional forms of procurement strategies by the federal, state and local governments through budgetary allocations and door-financed loans and grants this thereby leaves the Nigerian road sector in a precarious situation. In recent time, with the demand for more road infrastructure arising from the population explosion and urban-ruralmigration coupled with the financial crisis experienced by the Federal Government resulting from globaleconomic and financial crisis the Federal Government of Nigeria therefore sought to involve the private sectors in the development of road infrastructure facilities via Public-Private Partnerships …
State V. Louisiana Land & Exploration Co.: Louisiana Revised Statutes Section 30:29 And Its Effect On The Amount Of Remediation Damages Available To Plaintiffs,
2014
Louisiana State University Law Center
State V. Louisiana Land & Exploration Co.: Louisiana Revised Statutes Section 30:29 And Its Effect On The Amount Of Remediation Damages Available To Plaintiffs, Julia L. Taylor
Louisiana Law Review
The article discusses land contamination litigation at oil and gas exploration sites State v. Louisiana Land & Exploration Co. Topics discussed include claims for remediation of environmental damages, laws for mineral leases and remediation damages, and the judicial opinion of the Supreme Court of Louisiana on the cases related to environmental damages.
