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08-1049 THE UNIV. OF TEXAS AT EL PASO v. HERRERA
No full text08-1049 University of Texas at El Paso v. Alfredo Herrera from El Paso County and the Eighth District Court of Appeals, El Paso For petitioner: Sean D. Jordan, Austin For respondent: John P. Mobbs, El Paso In this complaint that the university violated t
Innovation or Renovation in Criminal Procedure: Is the World Moving Toward a New Model of Adjudication?
No full textWill the trend toward adversarial trials and hybrid rules of adjudication eventually produce, as some have predicted, a universal system? This article explains not only the influences propelling countries toward a similar view of criminal procedure, but also why that movement is inherently limited and unlikely to produce universality
The Texas Supreme Court and Oil and Gas Jurisprudence: What Hath Wagner & Brown v. Sheppard Wrought?
No full textSo now the question for players in the oil patch is: What hath Wagner & Brown v. Sheppard wrought? This article discusses that question, assesses the effects of the Sheppard decision on oil and gas jurisprudence, and provides suggestions for addressing the aftermath. Although Sheppard joins a long line of cases in which the Texas Supreme Court has adopted producers' legal arguments in oil and gas lease disputes, it injects unprecedented uncertainty into Texas oil and gas jurisprudence. Rather than discourage litigation, the opinion encourages parties to pursue disputes in courts since principles and practices previously considered settled now have been called into question. Therefore, for years to come attorneys, producers, title examiners, financial institutions, mineral owners, and other stakeholders in the oil and gas industry will grapple with the unfortunate legacy of Wagner & Brown, Ltd. v. Sheppard. To avoid the opinion's effects in the future, practitioners should consider several steps: 1. Include express termination language in unit agreements and file formal documents terminating units. 2. Include anti-Sheppard clauses in leases. 3. Delete the pooling clause from the lease. As TIPRO notes in the amicus brief it filed, this could be an unintende
08-0265 CITY OF DALLAS v. VSC, LLC
No full text08-0265 City of Dallas v. VSC, LLC from Dallas County and the Fifth District Court of Appeals, Dallas For petitioner: Charles Estee, Dallas For respondent: James C. Mosser and Alexis F. Steinberg, Dallas For amicus curiae: Bill Davis, Austin Principal is
Education and Minorities in the Modern Era: Working Civil Rights into Practice, Policy, and Procedure (Introduction)
No full textI 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 for publication. In this Introduction, I comment on the pattern of the ebbs and flows of development of education civil rights law in general and then on how these articles fit together and into that pattern
Pre-Employment Credit Checks: Effectuating Disparate Impact on Racial Minorities under the Guise of Job-Relatedness and Business Necessity
No full textThis Article proceeds in five parts. Part II explores the purpose of the FCRA and the requirements imposed upon employers interested in procuring credit reports for the purpose of evaluating a job applicant. Part III examines the statutory framework of Title VII and explores the disparate impact the use of pre-employment credit reports has on racial minorities, who, on average, have low credit scores. Part III also discusses case law grappling with the issue of whether credit check policies violate Title VII and suggests that such policies are neither "job-related" nor "consistent with business necessity." Part IV examines pending federal and state legislation that would prohibit, with limited exceptions, the use of preemployment credit checks and proposes the enactment of such legislation. Part IV also recommends that, absent a statutory prohibition, employers voluntarily cease reliance on a measure that has no relationship to employee performance. Part V concludes by noting that the state of the current economy depends on the rectification of this problem
Boarding up the Fair Housing Act: Time Barring Design and Construction Claims for Handicapped Individuals (Note)
No full textThis note details the relevant portions of the FHA and FHAA, and discusses design and construction cases generally. It reviews the first of the three judicial responses to the limitations question: the discovery rule. Then it reviews the second response: the continuing violations doctrine. Then it reviews the final response, a bright line rule which I have coined strict limitations, and discusses the most recent decision on point: Garcia v. Brockway
A Choice between Food and Medicine: Denning v. Barbour and the Struggle for Prescription Drug Coverage under the Medicaid Act
No full textIn the eyes of many Americans, Mississippi enjoys an infamous, even paradigmatic reputation for its history of profound inequality and injustice. In the early autumn of 2005, the disastrous Hurricane Katrina revealed to many that Mississippi's status as a symbol of inequality was not based upon history alone. As University of Pennsylvania Professor Michael Eric Dyson observes, "Hurricane Katrina's violent winds and killing waters swept into the mainstream a stark realization: the poor had been abandoned by society and its institutions, and sometimes by their well-off brothers and sisters, long before the storm.
The Legal Minute March 2010
No full textLaw Student Rescues Her Children in Haiti, Significant Development for Restorative Justice at St. Mary's, Campus News, If these Carrels Could Talk… Entertainment at the Library, Scholarships and Writing Competitions, Spotlight: St. Mary's First China Su