The Gift That Keeps On Giving: An Examination Of The Growing Problem Of Offshore Oil And Gas Royalty Relief,
2010
West Virginia University College of Law
The Gift That Keeps On Giving: An Examination Of The Growing Problem Of Offshore Oil And Gas Royalty Relief, J. Todd Bergstrom
West Virginia Law Review
No abstract provided.
Hydraulic Fracturing Goes To Court: How Texas Jurisprudence On Subsurface Trespass Will Influence West Virginia Oil And Gas Law,
2010
West Virginia University College of Law
Hydraulic Fracturing Goes To Court: How Texas Jurisprudence On Subsurface Trespass Will Influence West Virginia Oil And Gas Law, Travis Zeik
West Virginia Law Review
No abstract provided.
The Mining Of The North: A Review Of Andrew Nikiforuk's Tar Sands: Dirty Oil And The Future Of A Continent,
2010
Villanova University Charles Widger School of Law
The Mining Of The North: A Review Of Andrew Nikiforuk's Tar Sands: Dirty Oil And The Future Of A Continent, Andrew C. Mergen
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Regulatory Adaptation In Fractured Appalachia,
2010
Villanova University Charles Widger School of Law
Regulatory Adaptation In Fractured Appalachia, Hannah Wiseman
Villanova Environmental Law Journal (1991 - )
No abstract provided.
King Of The Hill: Ohio Valley Environmental Coalition V. Aracoma Coal Company And The Battle Raging Between The Coal Industry And Environmentalists Over Mountaintop Mining,
2010
Villanova University Charles Widger School of Law
King Of The Hill: Ohio Valley Environmental Coalition V. Aracoma Coal Company And The Battle Raging Between The Coal Industry And Environmentalists Over Mountaintop Mining, Michael Braverman
Villanova Environmental Law Journal (1991 - )
No abstract provided.
It's Not Easy Green: Metropolitan Taxicab Reveals Hurdles Posed By Federal Preemption To State And Local Environmental Initiatives,
2010
Villanova University Charles Widger School of Law
It's Not Easy Green: Metropolitan Taxicab Reveals Hurdles Posed By Federal Preemption To State And Local Environmental Initiatives, Paul Liebeskind
Villanova Environmental Law Journal (1991 - )
No abstract provided.
U.S. Navy Torpedoes Nepa: Winter V. Natural Resources Defense Council May Sink Future Environmental Pleas Brought Under The National Environmental Policy Act,
2010
Villanova University Charles Widger School of Law
U.S. Navy Torpedoes Nepa: Winter V. Natural Resources Defense Council May Sink Future Environmental Pleas Brought Under The National Environmental Policy Act, John C. Stellakis
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Pdg Land Development, Inc. V. Commonwealth Of Pennsylvania Department Of Environmental Protection: Pennsylvania's Environmental Hearing Board Declares All Streams Are Created Equal,
2010
Villanova University Charles Widger School of Law
Pdg Land Development, Inc. V. Commonwealth Of Pennsylvania Department Of Environmental Protection: Pennsylvania's Environmental Hearing Board Declares All Streams Are Created Equal, Heather Garleb
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Subsurface "Trespass": A Man's Subsurface Is Not His Castle,
2010
University of Oklahoma College of Law
Subsurface "Trespass": A Man's Subsurface Is Not His Castle, Owen L. Anderson
Faculty Articles
No abstract provided.
Fiftieth Anniversary Note: A Devoted Reader's Appreciation Of The Natural Resources Journal,
2010
University of New Mexico
Fiftieth Anniversary Note: A Devoted Reader's Appreciation Of The Natural Resources Journal, A. Dan Tarlock
Natural Resources Journal
No abstract provided.
Ahistorical Indians And Reservation Resources,
2010
American University Washington College of Law
Ahistorical Indians And Reservation Resources, Ezra Rosser
Scholarly Articles in Law Reviews & Journals
The article is an in-depth exploration of the impacts of an Indian tribe's decision to pursue an environmentally destructive form of economic development. The history of Navajo Nation's coal leasing provides the background for the tribe's recent proposal to build a coal-fired power plant and the controversies surrounding the proposal and the environmental review process.
Deliberately Defrauding Investors: The Scope Of Liability Comment.,
2010
St. Mary's University
Deliberately Defrauding Investors: The Scope Of Liability Comment., Andrew R. Simank
St. Mary's Law Journal
Since the Enron debacle, shareholders have increasingly filed suit in state and federal courts to recoup financial losses resulting from fraudulent representations made by failing corporations. These shareholders have advanced common law misrepresentation claims against publicly traded companies for alleged fraudulent U.S. Securities and Exchange Commission (SEC) filings. Originally, the scope of liability for common law fraud was very narrow. This scope was later broadened in an attempt to provide protection to individuals commonly victimized by fraudulent behavior. Texas courts have gone to great lengths to ensure the “expectation of influencing conduct” requirement for common law fraud requires more than …
New Law Complicates Foreclosure Sales In Texas.,
2010
St. Mary's University
New Law Complicates Foreclosure Sales In Texas., Katherine A. Tapley
St. Mary's Law Journal
A new law that recently took effect has changed the way non-judicial real property foreclosure sales work in Texas. The new law, known as House Bill 655 (HB 655), relates to foreclosure sales in Texas. HB 655 amends the language of Texas Property Code section 51.0075(f) dealing with when the purchase price is due at a foreclosure sale. The amendment, however, complicates foreclosure sales in Texas. The purchase price at the foreclosure sale is no longer due immediately. Instead, if a purchaser at a foreclosure sale requests additional time to deliver the purchase price, the trustee—the person conducting the foreclosure …
Unequal And Unfair: Why Texas Should Require Mandatory Sales Price Disclosure To Reconcile The Texas Property Tax Code With The Texas Constitution.,
2010
St. Mary's University
Unequal And Unfair: Why Texas Should Require Mandatory Sales Price Disclosure To Reconcile The Texas Property Tax Code With The Texas Constitution., Nathan Morey
St. Mary's Law Journal
Appraisal districts in Texas are implementing a system of taxation that is unequal and unfair. Texas counties, cities, and school districts depend on local ad valorem property taxes for revenue. Under the Texas Property Tax Code, the Code establishes appraisal districts to determine the value of taxable property. There is, however, a discrepancy between the cash value of the land and its appraisal value, especially when compared to commercial property and residential property. Commercial property and high-end residential real estate are often undervalued by appraisal districts throughout the state. Because commercial properties are under-appraised, the tax burden is being unequally …
Leaks, Lies, And The Moonlight: Fiduciary Duties Of Associates To Their Law Firms.,
2010
St. Mary's University
Leaks, Lies, And The Moonlight: Fiduciary Duties Of Associates To Their Law Firms., Susan Saab Fortney
St. Mary's Law Journal
This symposium article examines the fiduciary duties of law firm associates. After applying agency principles to the firm-associate relationship, the article analyzes specific duties and discusses cases involving alleged breaches of fiduciary duties by associates. It explores associate duties in the current legal, organizational, and socio-technological environment in which associates practice. The article closes with observations on the importance of firm principals considering the effect of firm culture on associate attitudes and conduct.
If One Is Good, Two Must Be Better: A Comparison Of The Texas Standards For Appellate Conduct And The Texas Disciplinary Rules Of Professional Conduct.,
2010
St. Mary's University
If One Is Good, Two Must Be Better: A Comparison Of The Texas Standards For Appellate Conduct And The Texas Disciplinary Rules Of Professional Conduct., Edward L. Wilkinson
St. Mary's Law Journal
The Supreme Court of Texas and the Texas Court of Criminal Appeals adopted the Standards for Appellate Conduct (Standards) on February 1, 1999. The Standards are intended to “give practitioners a valuable tool to use with clients who demand unprofessional conduct” by imposing “an affirmative duty to educate the client about the Standards of Appellate Conduct.” The Standards further state they do not “alter existing standards of conduct under the Texas Rules of Disciplinary Procedure, or the Code of Judicial Conduct.” Under the Rules of Disciplinary Procedure, sanctionable conduct includes “acts or omissions…which violate one or more of the Texas …
Hall's Standards Of Review In Texas Foreword.,
2010
St. Mary's University
Hall's Standards Of Review In Texas Foreword., Wallace B. Jefferson
St. Mary's Law Journal
Abstract Forthcoming.
Technical Problem: How City Of Dallas V. Dallas Morning News, Lp Exposed A Major Loophole In The Texas Public Information Act Comment.,
2010
St. Mary's University
Technical Problem: How City Of Dallas V. Dallas Morning News, Lp Exposed A Major Loophole In The Texas Public Information Act Comment., Alexander J. Yoakum
St. Mary's Law Journal
The Texas Public Information Act (TPIA) grants everyone a statutory right to access records of a governmental body unless disclosure would violate the law. Generally, TPIA is construed broadly to favor disclosure, but the rise of modern technology like email and text messaging reveals how dated TPIA truly is. According to the recent City of Dallas v. Dallas Morning News, LP, a governmental body is not required to release any business-related electronic communications sent via personal devices. This means governmental employees can conduct official business via personal email or cell phone without being subject to disclosure provisions, unless the requester …
Hall's Standards Of Review In Texas.,
2010
St. Mary's University
Hall's Standards Of Review In Texas., W. Wendell Hall, O. Rey Rodriguez, Rosemarie Kanusky, Mark Emery
St. Mary's Law Journal
Standards of review distribute power within the judicial branch by defining the relationship between trial and appellate courts. These standards “frame the issues, define the depth of review, assign power among judicial actors, and declare the proper materials to review.” Standards of review are the cornerstones of appeals. These standards must be woven into the discussion of the facts and substantive law in a manner which persuades the appellate court that the trial court erred. Litigants must measure their factual and legal arguments against the appropriate rubric to write an effective and persuasive brief. Appellate judges agree that mechanical recitation …
Through Gritted Teeth And Clenched Jaw: Court-Initiated Sanctions Opinions In Bankruptcy Courts.,
2010
St. Mary's University
Through Gritted Teeth And Clenched Jaw: Court-Initiated Sanctions Opinions In Bankruptcy Courts., Nancy B. Rapoport
St. Mary's Law Journal
Bankruptcy courts see too many incompetent bankruptcy lawyers, and the courts have few options for dealing with them. A court can rule against the lawyer, but this strategy punishes the lawyer’s client, who may be an innocent bystander. Alternatively, nothing prohibits a judge from deciding to hand down a sanctions opinion. Sanctions opinions arise when one party makes a request, or the court believes a lawyer’s behavior is serious enough to merit a written order. These instances include flouting the law—either bankruptcy law or the ethical rules—or being unaware of the fundamentals of bankruptcy practice and policy. In the instance …
