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Water is a Girl’s Best Friend: Examining the Water Valuation Dilemma
No full textThis 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 unintended consequences. The Article proposes market adjustments that could be made to increase the usefulness of markets as a corollary to a system of legal permits. Price can be used as a behavior trigger, but the present system is not doing this effectively. What is missing in the current system of valuation.
Finally, the article proposes possible market changes that would shift markets away from the problems they currently create towards becoming a useful tool for sustainability. These proposals include internalizing the values of water dependent resources such as ecosystems in the price of water so dewatering can take these impacts into consideration. Further, municipal water price structures need the ability to adjust price to include water savings as cost savings; and agriculture users must pay more for water, but also be protected by markets. This Article concludes that markets can be an effective corollary to legal management of water resources, but only if true capture of value is included
2014: CLE: The Michael Morton Act and Brady: Old Obligations and New Requirements in Texas Criminal Discovery
No full textIn the wake of Michael Morton wrongful conviction case, the Texas Legislature modified state rules regarding the production of evidence in criminal cases. Predating this change which became effective in January of this year, most discovery in state crimi
Best Brief Contest Winner: Martin County v. Anne Dhaliwal, 12-696a Brief for Respondent Winner of the 2014 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 brief from that section. The editorial board then selects a “super brief” from amongst those winners, representing the best brief of the 1L class. Results are announced at the annual Law Journal banquet in April
An Uprising of Civility in Texas
No full textWhen people think of Texas and civility, the first thing that may come to mind might be the infamous YouTube clip titled ‘‘Texas Style Deposition.’’ In that clip, Texas attorney Joe Jamail proceeds to call opposing counsel several profanities, as well as ‘‘fat boy,’’ and Mr. Jamail threatens to fight the witness he is deposing. This anecdotal episode, along with the misconception that the Texas legal system is equivalent to the ‘‘Wild West,’’ cast an unflattering and inaccurate picture of civility in the legal profession in Texas. In fact, efforts to increase and sustain civility in Texas are growing and flourishing. This Article will discuss several of the developments in Texas regarding civility. This Article will also provide suggestions on how civility can become even more ingrained in the state. Before going further, this Article discusses briefly what civility is, the advantages of civility in the legal profession, and the costs of incivility
The Shape of Property
No full textThe 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 that many academics and commentators claim
