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Powering the Tap Dry: Regulatory Alternatives for the Energy-Water Nexus, 84 U. Colo. L. Rev. 529
No full textIn 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 between energy and water. Water and energy are indivisibly linked and interwoven into every aspect of our culture and lifestyle. Large quantities of water are required to generate energy, and energy is required at all stages of the water supply process including pumping, treating, and end uses. While much has been written recently on the numeric relationship between these sectors, little has been proposed from the legal and policy community regarding regulations to avoid future conflicts between the sectors. The regulatory solution to this problem is multifaceted. At the outset, mandatory data collection and sharing should be increased and standardized in both sectors. Energy- and water-efficient technologies need to be encouraged and incentivized by all levels of government. Maximizing the efficiency of both the water and power sectors can be accomplished by expanding existing federal and state programs and through additional regulatory requirements. As the stress to water and energy resources increases, the urgency of proper planning also grows. The era of bifurcated planning is outdated; therefore, both federal and state governments should require consideration of the water demands when planning new energy technologies and projects, and vice versa. Integration of sector planning is critical to energy and water security and sustainability
Automated Metadata Creation: Possibilities and Pitfalls
No full textAutomated indexing – using a computer to look at individual documents and assign metadata without a person looking at every document– was used to build an interactive online database to store and retrieve pages from a looseleaf resource (i.e., a resource which changes state over time). A database was designed and more than 30,000 pages in the database were indexed. Digitization, optical character recognition, and computer scripting to extract metadata were the methods used to assign most metadata. In places where the computer program could not assign metadata, a person looking at the document assigned metadata. The index was audited for errors. The computer script and the human indexer had comparable error rates but computer indexing spent much less time per value assigned. It is recommended that automated indexing be considered in indexing projects, especially where a large number of similar documents are to be indexed
World's Worst Game of Telephone: Attempting to Understand the Conversation between Texas's Legislature and Courts on Groundwater
No full textThis 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 concerns regarding sustainability. Part III chronicles the line of cases that established capture as the common law rule in Texas. Part IV traces the history of groundwater legislation after courts established rule of capture. This legislation created a regulatory overlay on the common law rule of capture through localized groundwater conservation districts and the statewide planning process. Part V describes the process through which the Edwards Aquifer Authority came into existence and why it is different from other groundwater districts in the state in that its strict pumping cap immediately raised property rights concerns. Part VI explains how groundwater litigation shifted from right of capture limitations to questions of when ownership vests. This change was a product of increased pressure on groundwater resources caused by additional regulations and growing population demands. Finally, Part VII presents three hypotheses regarding why the court came to its decision in the Day case despite the case law history. The first theory is that delineation of property interests is an issue reserved for courts’ authority. Another alternative is that the holding in Day was a result of a statewide shift towards the protection of private property rights above other concerns. The final proposed alternative is that the Day holding was actually an effort to define the property right in such a way as to encourage more regulation or at least limit takings claims through the expansive of correlative rights to groundwater
Secured Transaction History: Protecting Holmes' Notes Through the Conditional Sales Acts
No full textThe Military Justice Conundrum: Justice or Discipline?
No full textNotwithstanding this language in the MCM, there is an ongoing debate over the relationship between justice and discipline the military. This article explores that debate. Part II provides a brief summary of how the military justice system works, as a prelude to identifying the elements of the debate. Part III explores the various thematic approaches to the military justice conundrum. Those themes are sometimes in competition and sometimes complementary. They reflect the views of courts and commentators that have addressed the conundrum. Part IV discusses an approach to the conundrum by drawing from similar analyses of civilian criminal justice systems, which recognize the debate over whether a criminal justice system should reflect a crime control model or a due process model. Part V attempts to resolve the conundrum using a “primary purpose” analysis of the military justice system. Finally, Part VI offers some recommendations for solving the conundrum
’Owner Finance! No Banks Needed!’ Consumer Protection Analysis of Seller-Financed Home Sales: a Texas Case Study
No full textThis Article argues that the changes in Texas law in 1995, 2001 , and 2005 created significant new protections for purchasers but created new problems and left several areas still in need of attention. Leveling the playing field, in short, was not enough. Part II of this Article explores the current lending landscape, the history of contract for deed, and why it is still used for home financing. Part III dissects the changes to Texas contract for deed legislation in 1995, 2001, and 2005. Part IV critiques those changes from a consumer protection viewpoint, suggesting that the typical consumer protection formula failed to resolve many of the abusive practices. In the contract for deed system, leveling the playing field is about more than the negotiation between the buyer and the seller. It focuses on the buyer's right to enjoy her property-to place a lien, make home improvements, or prevent foreclosure- regardless of the type of home financing she obtained. More meaningful disclosures and penalties for deceptive practices are important corrective steps, as are automatic conversions of contract for deed into mortgages and automatic conversion of lease-to-own agreements into purchase agreements. While this Article focuses primarily on hits and glaring misses in Texas contract for deed legislation, it also suggests a framework for looking at seller financing and residential property protection more generally. Despite significant legal protections, buyers are still losing their homes at an alarming rate and often do not recapture any of the money they have invested. If the goal of consumer protection is to balance the rights of purchasers and sellers and to maximize a homeowner's homestead rights and equity, the legislation should focus on removing barriers and artificial opt-in provisions that place less-sophisticated homeowners at a significant disadvantage
2013: CLE: Are We There Yet?
No full textThis session will focus on when an oil and gas lease starts and ends. In order to answer these questions, attorneys must know what it is and how it works
2013: CLE: Cost Effective Legal Research: 2013 Update
No full textThis program emphasizes cost effective techniques for Internet legal research. Topics include strategy for free legal research, website evaluation and information particular to solo practitioners
2013: CLE: A Return to Civility—In the Courtroom and Beyond
No full textA panel discussion with The Hon. Larry Noll, The Hon. Phylis Speedlin, and Fred R. Jones, president of the San Antonio Chapter of the American Board of Trial Advocates. Special attention will be paid to the Texas Lawyer’s Creed, adopted in 1988, and prac
Best Brief Contest Winner: Greg Webber v. Winston Smith 13-1234 Brief for Respondent Winner of the 2013 Best Brief Contest at St. Mary's University School of Law
No full textEach year, each Legal Research and Writing faculty member submits one brief from her or his class to the St. Mary s Law Journal editorial board. The board then selects one winner from each 1L section, resulting in four briefs which represent the best bri