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09-0100 TRAVIS CENT. APPRAISAL DIST. v. NORMAN
No full text09-0100 Travis Central Appraisal District v. Diane Lee Norman from Travis County and the Third District Court of Appeals, Austin For petitioner: Jennifer Archimbaud Powell, Austin For respondent: R. Scott Clark, Austin The principal issues are (1) whethe
07-0945 TEXAS PARKS AND WILDLIFE DEPARTMENT v. THE SAWYER TRUST
No full text07-0945 Texas Parks and Wildlife Department v. The Sawyer Trust from Donley County and the Seventh District Court of Appeals, Amarillo For petitioner: Kristofer S. Monson, Austin For respondent: Jody Sheets, Dallas This dispute over a mining permit to ta
Assessing the Need for New District Courts
No full textPanel: Carl Reynolds Tony Fabelo Dottie Carmichael Bob Wessels Staff: Alice McAfee, Mary Cowherd, Glenna Bowman, Andy Barbee, Angela Garcia, Diane Greene, Jim Bethke, Joel Lieurance, Mena Ramon, Ted Wood, Bruce Hermes Observers: Janelle Collier, Kara Cra
Moot Points Notes from the Sarita Kenedy East Law Library Issue 5 February 2009
No full textFrom the Director's Desk, Spotlight on Abraham Lincoln Attorney-at-Law, Website Wonders, References to Reference, Getting to Know Us: Katy Stein, Getting to Know Us: Tim Wilso
Making the Case: Did the Government's Response to Hurricane Katrina Violate the Equal Protection Clause (Note)
No full textThe first section of this Note focuses on the city and residents of New Orleans. The second section discusses FEMA's role in natural disasters, its reorganization under the Department of Homeland Security (DHS), and its response to Hurricane Katrina. After discussing FEMA's response and its racially disparate impact, the Note explores the relationship between this response and the Constitution. Specifically, it investigates whether FEMA's response violated the Equal Protection Clause. The fourth section analyzes FEMA's response to Katrina under the intent requirement established in the Supreme Court decisions of Davis" and Feeney." Even though a survivor could likely establish a disparate impact between Blacks and Whites, the intent requirement would likely preclude the establishment of a constitutional violation. In light of the heavy burden the intent requirement imposes, the fifth section advances the arguments for and against the intent requirement and discusses the potential solutions to its shortcomings. As the fifth and sixth sections argue, the Court should re-evaluate its interpretation of the Equal Protection Clause and find a way to reduce the harms of racial inequality and the burden imposed on the plaintiff by the intent requirement. A negligence standard would better provide "equal protection of the laws.
What Oaths Meant to the Framers' Generation: A Preliminary Sketch
No full textOaths of office are required by the second and sixth articles of the United States Constitution. The oath for judges, however, has been a bit different from the very beginning. Recent discussion in this journal has again raised the perennial questions of the role of the oaths, and the degree to which the oaths signal some religious commitment by the Framers, or whether one can see in them any expectation for a religious leadership of the nation. My enterprise is to sketch a bit more of the context that might help shed light on the meaning of these oaths, or at least some of the meanings of these oaths as they would have been understood by a person of the Framer‘s generation. The enterprise here has two significant limits. First, to ascribe universal and specific meanings to something as complex as an oath would be unhelpful, as such meanings are, at best, matters of approximation and of averages among a variety of disparate views. Second, a full discussion of the history of oaths in each colony—as matters of office, of testimony, of personal covenants, etc., arising in each of the European states from which the colonists came—is beyond the scope of this article and, anyway, not the purpose of the editors of de novo. Rather, I here raise a few points of reference, illustrating some of them with a few examples from British, colonial, and early federal history
The Legal Minute November 2009
No full textSt. Mary's School of Law Honored for Commitment to Service, Office of Financial Aid: New and Improved, Campus News, If these Carrels Could Talk… Research Made Easy: Legal Information Databases, How to Beat the Curve Tips for 1Ls, International Studies a