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The Ancient Magna Carta And The Modern Rule Of Law: 1215 To 2015., Vincent R. Johnson 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., Paul Finkelman 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., Christopher W. Bell 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, Natural Resources Journal 2015 University of New Mexico

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.


The Michael Morton Act: Minimizing Prosecutorial Misconduct., Cynthia E. Hujar Orr, Robert G. Rodery 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., Benjamin D. Mathews 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., Courtney R. Potter 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., George P. Roach 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, Chinyere Kimberly Ikegbunam 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, Gabrielle M. Ostermayer 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., Andrew Buttaro 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., Meagan McKeown 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., Gregory Crespi 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., Christopher M. Childree 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., Frank Scaglione 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., Timothy Johnson 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., Molly Thomson 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, Nicholas F. Stump 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, Adamu Mudi, John S. Lowe, David Manase 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, Julia L. Taylor 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.


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