Browse Items (300 total)

STMU_HomecomingCLE2013KauffmanAexhibitsMALDEF.pdf
Judgement holding Texas school finance system unconstitutional, Feb. 4, 2013. Kauffman, who worked on the Texas School finance litigation for 20 years, will describe the basis for the district court decision and how those issues might be resolved by…

STMU_HomecomingCLE2013KauffmanAjudgment.pdf
Exhibits used by Texas Taxpayer and Student Fairness parties at argument Feb. 4, 2013. Kauffman, who worked on the Texas School finance litigation for 20 years, will describe the basis for the district court decision and how those issues might be…

STMU_HomecomingCLE2013KauffmanBexhibits.pdf
Exhibits used by MALDEF at argument Feb. 4, 2013. Kauffman, who worked on the Texas School finance litigation for 20 years, will describe the basis for the district court decision and how those issues might be resolved by the Texas Supreme Court.

STMU_TheScholarStMarysLRev_v12i3p0347_Kauffman.pdf
I commend The Scholar: St. Mary's Law Review on Minority Issues both for dedicating its Symposium to the important, historic, and timely issue of education civil rights of minorities and for inviting and editing four excellent articles on the topic…

1TexasEducationRev27.pdf
In this essay, I argue that the “same” standard is the best for Texas’s future. I will describe the significant barriers to reaching this standard; but the barriers are not insurmountable, even within the realities of Texas budget constraints.…

STMU_HomecomingCLE2012KauffmanAoverview.docx
This presentation will focus on the arguments and upcoming decision on appeals of the Affordable Health Care Act, the Arizona immigration enforcement statute, and the Texas Redistricting Decision.

STMU_HomecomingCLE2012KauffmanBvotingRights.docx
This presentation will focus on the arguments and upcoming decision on appeals of the Affordable Health Care Act, the Arizona immigration enforcement statute, and the Texas Redistricting Decision.

STMU_HomecomingCLE2012KauffmanCimmigrationPaper.docx
This presentation will focus on the arguments and upcoming decision on appeals of the Affordable Health Care Act, the Arizona immigration enforcement statute, and the Texas Redistricting Decision.

43ArkLRev131.pdf
The purpose of this article is to demonstrate that ante-mortem probate is a viable technique which could serve to reduce the problematic side of the current post-mortem system and provide a wide range of benefits to a significant segment of the…

84UColoLRev529_Hardberger.pdf
In 2008, while Atlanta residents freely watered their lawns, several nuclear power plants in Georgia almost shut down due to drought-induced water scarcity. This absurd reality stemmed from the misunderstood and almost wholly unregulated relationship…

4NwJIntlHumRts331.pdf
The purpose of this paper is to demonstrate the need to establish water as a human
right and thereby raise the right to water to the status of customary international law. Water is necessary for the survival of all life, yet, over one billion of…

6SantaClaraJIntlL129.pdf
This paper evaluates the role of ethics in decision-making and how it could impact water resource management. Part II provides an overview of ethics, its sources, and how it can impact decisions and policy. Part III examines ethical theories that…

35TexTechLRev1212.pdf
Two aspects of groundwater require examination. The first issue is use and allocation. The second issue is protecting groundwater from contamination and pollution. The purpose of this comment is to demonstrate the immediate need for regional…

41TexIntlLJ533.pdf
The importance of water is difficult to quantify, but because it is necessary for survival, it deserves recognition as a human right. Although the right to water has received considerable attention, it has not yet achieved the status of customary…

STMU_HomecomingCLE2013Hardberger.ppt
Water and energy are indivisibly linked and interwoven into every aspect of our culture and lifestyle; however, the relationship between water and energy is not understood and almost wholly unregulated. This can threaten the sustainability and…

43TexEnvtlLJ257.pdf
This paper evaluates the Day decision through the lens of past court decisions and legislation in an effort to understand why the court ruled as it did. Part II introduces Texas’s groundwater resources, current uses of that water, and present…

62UKanLRev893.pdf
This Article examines the application of basic market principles to water transactions and the problems it creates. It considers how the basics of supply and demand can create inaccurate price signals resulting in water supply depletion and other…

18YBIntlEnvtlL96.pdf
This article focuses on the governance of transboundary groundwater resources in North America. It begins by identifying and reviewing various arrangements over transboundary aquifers between Mexico and the United States , between Canada and the…

SWHydrologySeptOct2009at22.pdf
The most effective way to combat the predicted impacts of climate change is to limit carbon dioxide (CO2) emissions, particularly from coalburning power plants which produce half the nation’s electricity. Technologies such as carbon capture and…

90NwULRev132.pdf
The first section of this Article discusses two of the most notable predictive failures of The Death of Contract, regarding the doctrines of reliance and unjust enrichment, and suggests that these failures were caused by Gilmore's underestimation of…

STMU_TheScholarStMarysLRev_v01i1p0005_Novoa.pdf
The purpose of this Article is to analyze Child Protective Services' (public family law), which serves the poor, and to confront the ways in which it deviates from private family law. My belief is that the Child Protective Services (CPS) system has…

66UCinLRev489.pdf
Unfortunately, the federal government has become a willing participant in the risk-sharing strategy. The federal government has undermined the corporate practice doctrine and has adopted risk-sharing strategies of its own. The federal government…

Walch Blockchain Piece.pdf
American Banker online article

STMU_HomecomingCLE2011Reams.pdf
With the advent of the Patient Protection and Affordable Act, Pub. L. No. 111-148 (2010), many questions have begun to be litigated by the states challenging its constitutionality as exceeding Congressional power under the Commerce Clause and the…

STMU_TheScholarStMarysLRev_v10i3p0269_Piatt.pdf
This article will briefly examine some of the very dramatic and clearly extreme positions in American immigration history. It will also look at the extreme calls for reform at both ends of today's political spectrum. Subsequently, this article will…

STMU_TheScholarStMarysLRev_v11i4p0561_Piatt.pdf
This article briefly considers the history of single-sex education, and evaluates concerns that single gender classrooms raise. The article concludes that attempts to allow or impose gender segregation should continue only if empirical studies can…

23HousLRev885.pdf
To what extent do we have the right, in this country, to express ourselves or receive communications in a language other than English? While there are threads of authority running through our law that appear to provide some answers to this question…

STMU_HomecomingCLE2013Piatt.pdf
Bill Piatt , Professor of Law Based on his recently-published book, “Catholic Legal Perspectives,” the presentation will examine the law, and the Catholic perspective, regarding family law matters, life and death issues, immigration, and social…

STMU_TheScholarStMarysLRev_v15i3p0535_Piatt_Ambler.pdf
Introduction; Bullets Across the Border; Historical Perspective; Republic to State; U.S.-Mexico Border Treaties; The U.S.-Texas Border with Mexico Today; Texas Armed Forces; Texas Military Forces; Texas Department of Public Safety; The New Texas…

ProceedingsLawViaTheInternet2013_Detweiler.pdf
This paper discusses various open access legal resources in the United States from a practical perspective and explores how government, academia and the private sector have addressed the needs of legal researchers in the United States. After a brief…

38OhioNoULRev957.pdf
As it stands now, no one familiar with real estate law or commerce would expect different parties in different jurisdictions to record identical, or even similar, instruments. In an immediate sense, this heterogeneity of the recorded documents…

11NevLJ139.pdf
This Article examines two prototypical surprise liens—federal estate tax liens and mechanics’ liens—and proposes that these are indicative of a trend wherein modern lawmakers are increasingly tolerant of surprise liens. This Article then…

2000BYULRev1677.pdf
How taxpayers determine the amount of money on which they must pay taxes is an uneasy question because this amount, gross income, has never been conclusively defined. In the case of Preslar v. Commissioner, the Tenth Circuit examined this “disputed…

44SetonHallLRev797.pdf
The Article concludes that our property system, inefficient as it is, has been shaped by organic forces over the centuries. The numerus clausus, then, is a valid description of the current shape of property law, but it does not arise in the manner…

102KyLJ705.pdf
The Article concludes, then, that most lawyers’ belief that a charging order effectively precludes creditor recovery is significantly overstated and that, given the extraordinary prevalence of partnership entities today, this is an important point…

STMU_TheScholarStMarysLRev_v04i2p0185_Cantu.pdf
This year, St. Mary's University celebrates its Sesquicentennial Anniversary. One hundred and fifty years of educating young men and women in the areas of engineering, business, and the arts and sciences. It should be noted that St. Mary's, unlike…

1JFoodLAndPoly165.pdf
There is no question that Americans are growing more and more concerned about their weight. Many commentators have speculated that the central cause of the issue is the American lifestyle. The fact remains, however, that regardless of who sells…

33UMemLRev823.pdf
A cornerstone of tort law in our Anglo-American system of jurisprudence is that liability is imposed, and the corresponding right to recovery is created, not because of the fact that the plaintiff is injured, but because the injury is the result of…

7StLouisUPubLRev313.pdf
The premise of this Article is that a new definition pertaining to an individual's right to be left alone should be formulated. The new standard that should be adopted in determining whether an individual's right of privacy has been violated is that…

35AkronLRev31.pdf
The cornerstone of tort law in our Anglo-American system of jurisprudence is based upon three generally accepted principles. The first is that by awarding any individual monetary damages after their injury, we can make them whole, and the second is…

39VillLRev773.pdf
This Article analyzes the relevant ethical mandates and the history of postemployment restrictive covenants between lawyers. In so doing, this Article raises and answers questions concerning the traditional position taken by lawyers. First, Part II…

48TexIntlLJ1.pdf
During the 2008 heparin crisis, a tainted blood-thinning drug imported from China caused the deaths of at least eighty people in the United States. However, despite the Food and Drug Administration’s (FDA) reactive measures, the American regulatory…

43CornellJIntlL249.pdf
This article argues that outsourcing regulatory power through a bilateral agreement with China is unlikely to ensure the safety of imported food for two primary reasons. First, shifting the regulatory burden does not present a feasible alternative to…

26WashULAndPoly301.pdf
The objective of this paper is to explore the correlations between the level of administrative costs and the likelihood of the abuse of eminent domain power. Part I traces the disparate treatment of private ownership of urban homes in China since…

4WashUGlobalStudLRev81.pdf
This Article examines the legal aspects of the Chinese government’s reaction to the SARS epidemic between November 2002 and June of 2003. It begins by tracing the development of the SARS epidemic and examining the different reactions of the Chinese…

79MissLJ371.pdf
This paper considers China's food safety regulatory regime and the fundamental flaws that permeate both its supervision system and governing laws. Part I examines the market structure in the dairy industry and how the government failed to regulate…
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