bluuebunny/crossref_metadata_2025 huggingface dataset:
Protecting the Traditional Knowledge and Cultural Expressions of Russia’s “Numerically-Small” Indigenous Peoples: What Has Been Done, What Remains to Be Done
Authors: Newcity Michael
Published: January 2023

The fundamental question is how much interest exists in Russia to extend legal protection to traditional knowledge and traditional cultural expressions. There has been virtually no public, scholarly discussion of this issue in Russia. As far as my research reveals, this article is the first scholarly analysis in Russian or English of the protection of traditional knowledge and traditional cultural expressions under Russian law. At a technical governmental level, there is some interest in these issues. Specialists from the government of the Russian Federation participate in the work of WIPO's Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore, for example. But the interest of specialists in a government ministry does not necessarily translate into the political momentum necessary to make a major change in existing intellectual property legislation, and the political influence of Russia's numerically- small peoples is slight and in recent years has been made even slighter by the elimination of several autonomous okrugs in which the indigenous population represented a significant percentage of the total population.
Changes in intellectual property law in the Soviet Union and post- Soviet Russia have usually occurred in response to international pressure. The Soviet Union acceded to the Universal Copyright Convention in 1973 and modified its copyright law, granting copyright protection to foreign authors for the first time, as part of trade negotiations with the United States. The adoption of new intellectual property statutes in 1992 and 1993 and the accession of Russia to the Berne Convention in 1995 are largely explained as a response to demands by the U.S. and other foreign governments and technology owners. Based on this track record, international pressure may represent the best strategy for encouraging the Russian government to expand the protection of the traditional knowledge and traditional cultural expressions of Russia's numerically-small peoples. But in the absence of such international pressure, the prospects for such a major revision of Russian intellectual property law seem remote.
Just a Clean Blue Flame? Environmental Issues in the Barnett Shale
Authors: Ray Hal R.
Published: January 2023

This paper addresses current environmental law issues affecting the Barnett Shale and the businesses and people who are impacted by development activities in the play. It will look first at recent scientific studies suggesting that production of natural gas in the Dallas-Fort Worth Metroplex may have a greater impact on the region's air pollution challenges than previously thought. The article next examines air permitting requirements relating to gas production equipment and facilities. The article discusses oil and gas disposal wells and recent cases examining regulatory issues affecting permits for these wells. Finally, the paper spotlights two common law causes of action asserted in cases between landowners and companies engaged in activities related to the Barnett Shale and the impact of administrative jurisdiction on common law claims.
Some People Just Shouldn’t Have Kids!: Probation Conditions Limiting the Fundamental Right to Procreate and How Texas Courts Should Handle the Issue
Authors: Brady Kellie
Published: January 2023

This Comment focuses on the ability of a judge to limit the fundamental rights of a probationer through the imposition of probation conditions; more specifically, the ability of judges to limit the fundamental right to procreate. Although courts across the nation are split on the issue, Texas courts could have addressed this as recently as September 2008 when Salazar's case came before the Travis County court. But, with no objection, and consequently no appeal, the trial court's order will stand as issued.
This Comment will start with a brief history-the history behind the fundamental right to procreate and the history of probation throughout the country, first looking at the federal system and then the state systems in general. This Comment continues by examining how the courts across the nation have treated the issue of limiting the fundamental right to procreate. Because Texas has no established precedent examining the constitutionality of conditions of probation that limit the right to procreate, cases that limit other fundamental rights will be examined to see if a natural analogy can be made. Finally, this Comment will conclude with an analysis of how Texas courts should treat the issue when faced with it in the future. And realistically, they will definitely have that opportunity.
Dismissal of a Bankruptcy Chapter 13 Filing: A Debtor’s Unconditional Right or Subject to the Court’s Discretion Based on Bad Faith?
Authors: Gonzalez Gabriel C.
Published: January 2023

Section 1307(b) of the United States Bankruptcy Code (the "Code") commands courts to dismiss chapter 13 cases upon request of the debtor. This provision currently conflicts with Code § 1307(c), which gives the court the discretion to convert a debtor's chapter 13 case to a chapter 7 bankruptcy case for specifically enumerated debtor misdeeds. Specifically, must the court dismiss a chapter 13 case upon the debtor's request even when there is a pending motion to convert the same? Bankruptcy courts are noticeably split on this question, with a slight majority holding that the court must dismiss even if a motion to convert is pending. The minority approach to this issue, holding that the court does not have to grant a debtor's motion to dismiss when there is a pending motion to convert, arouses the need to investigate how courts should resolve this issue. The plain meaning doctrine and its application to the wording of Code § 1307(b) and (c), Congress's stated intent that chapter 13 be completely voluntary, and the existence of other remedies to cure the debtor's abuse of the bankruptcy process point to a sensible resolution to the problem. When courts are faced with a debtor's motion to dismiss pursuant to Code § 1307(b), they must grant the motion even if there is a pending motion to convert under Code § 1307(c).
“Context Matters”: The Free Speech Legacy of Sandra Day O’Connor
Authors: Buchanan Buckles Emily
Published: January 2023

One of the first cases that Sandra Day O'Connor heard as a newly appointed Supreme Court Justice was Widmar v. Vincent, arguably one of the more important free speech forum cases. Voting in the majority on Widmar, she began a journey during which she would author over fifty free speech opinions, including some of the most influential. If, as she tells us, context matters, then a look at Justice O'Connor's rugged roots will reveal the foundation of the many themes that move through her free speech jurisprudence, as indeed through all of her decisions.
Part II looks at those roots from growing up on a ranch in the southwest to being the first woman to sit on the Supreme Court of the United States. Part III reviews the basic steps and tests the Court uses in free speech cases. Part IV surveys Justice O'Connor's work in the area of forum analysis. Parts V and VI examine the other variables in the analysis: content-selectivity and government interest. Part VII gives a broader look at her influence at the intersection of free speech and other doctrines, such as intellectual property. Part VIII concludes that Justice O'Connor's influence on free speech has been significant, reflecting her background, and proving that context does indeed matter.
The Texas Religious Freedom Restoration Act: Does It Really Work?
Authors: Laneri Christa E.
Published: January 2023

This Article will begin with a background of the TRFRA by exploring the developments in federal law that led to its adoption. It will then examine a proposed definition of "substantial burden" given by a Texas court, followed by examples of similar definitions from courts outside of Texas. This Article will then provide current examples of how Texas courts could benefit greatly from a definition of "substantial burden."
Ensuring a Multicultural Educational Experience in Legal Education: Start With the Legal Writing Classroom
Authors: Dennis Johanna K.P.
Published: January 2023

This Article discusses the two-fold nature of multicultural education- educating on multicultural topics and educating multicultural students. By examining eight different law schools, the Author discusses current efforts in each law school that impact the educational experience, the shortfalls in these efforts, the need for first-year integration of multicultural topics, and how an educator in the legal academy can ensure that her students receive a well-rounded multicultural educational experience. In particular, the Article addresses multicultural education through the lens of a legal writing professor, whose role entails instructing students on predictive and persuasive writing over the course of the first two or three semesters of law school. The Article concludes by making recommendations for how all legal educators can enhance the classroom experience by creating a multicultural environment.
Accessing the Legal Playing Field: Examining the Race-Conscious Affirmative Action Legal Debate Through the Eyes of the Council of Legal Education Opportunity (CLEO) Program
Authors: Thompson Dorsey Dana N.
Published: January 2023

This Article critically analyzes the evolution of the race-conscious affirmative action legal debate in higher education since the 1970s, with a particular emphasis on law school admission policies. Additionally, this Article examines how legal cases and anti-affirmative action policies correlate with the present function and future viability of a once federally mandated race-conscious affirmative action program, the Council on Legal Education Opportunity (CLEO). Part I of this Article outlines some of the historical barriers of underrepresented racial minorities in the legal profession. Part II explains the development of the CLEO program during the 1960s and its growth during the 1970s. Part III discusses the evolution of the affirmative action legal debate from the 1970s until the 2003 University of Michigan affirmative- action cases and evaluates the relationship between the escalating legal debate and the changes in the CLEO program over the past thirty years. Part IV of the Article is a summary on the feasibility of the CLEO program as well as the future of law school admissions for students of color, namely black students.
Loan Me My Money: How Texas Can Respond to the Credit Needs of Trust Beneficiaries
Authors: Campbell Lori
Published: January 2023

"Loan me my money!" Texas trustees are hearing this plea from trust beneficiaries who need access to trust funds because of drastic declines in income produced from trust investments and the decrease in available credit. Beneficiaries, who want to preserve the trust funds for the next generation, are requesting loans to meet their temporary cash needs. These beneficiaries typically have full intentions to repay-when the good times roll.
The Texas Trust Code, however, does not provide express authority to lend trust funds to beneficiaries. Instead, trustees rely on the Code's broad, implied investment powers or stretch their discretionary distribution authority to lend funds instead of disbursing them. Using implied investment powers to lend ties the hands of trustees, likely requiring investment loan underwriting and terms. This is likely the intent of any grantor making loans to family. Using discretionary authority restricts the purpose of the loan to only those purposes authorized by the document.
This Comment explores the sources of trustee authority to lend and how each source impacts credit writing, terms, and collateral requirements for the loan. In addition, this Comment recommends a solution to the Texas legislature- adopting the lending provisions in section 816 of the Uniform Trust Code. These provisions not only expressly authorize lending to trust beneficiaries but also permit flexible underwriting standards that benefit trust beneficiaries and carry out the purpose of the trust.
Drafters have the advantage; they can clear up the ambiguity in the Texas Code with the stroke of a pen. This Comment suggests drafting options that will assist trustees in making lending decisions that carry out the grantor's intent and provide for the grantor's family long after the grantor is able.
Misuse of DNA Evidence Is Not Always a “Harmless Error”: DNA Evidence, Prosecutorial Misconduct, and Wrongful Conviction
Authors: Boies Kimberly Cogdell
Published: January 2023

The purpose of this article is to highlight the areas of DNA analysis that make it less reliable than most people believe and to show that because of this, misconduct related to DNA evidence should not receive harmless error review. The most reliable evidence sees no color, gender or socioeconomic status. Evidence can be an imperfect measure and manipulated by the pride and prejudice of those who control it. The recent explosion in the number of exonerations for wrongful conviction highlights a major flaw in the system - prosecutorial misconduct. This misconduct can take the form of presenting unreliable evidence, withholding exculpatory evidence or misusing scientific evidence. Evidence is often obtained through questionable practices, and prosecutors may then "cherry-pick" which evidence will be presented at trial. Add to this mix DNA evidence, which is widely misunderstood. Wrongful conviction, prosecutorial misconduct and the harmless error doctrine are intricately intertwined. Prosecutors are allowed to make mistakes, these mistakes may lead to wrongful conviction and the harmless error doctrine is used to excuse the mistakes. When misunderstanding is combined with misconduct, problems are bound to ensue.
Nurturing Forensic Science: How Appropriate Funding and Government Oversight Can Further Strengthen the Forensic Science Community
Authors: Cooley Craig M.
Published: January 2023

This Article's objective will be to discuss why adequate funding and strict government oversight are necessary to strengthening the forensic science community's scientific foundation and improve its accuracy and efficiency. If lawmakers refuse to properly fund and oversee the forensic science community, the criminal justice system's truth-seeking mission will continue to be compromised. This not only harms innocent people, who are falsely implicated by unvalidated forensic evidence or improper forensic testimony, it inflicts another wound to the victims and their families.
Exoneration and the Road to Compensation: The Tim Cole Act and Comprehensive Compensation for Persons Wrongfully Imprisoned
Authors: Shaw John
Published: January 2023

In recent years, the number of exonerations of persons wrongfully imprisoned has increased nationwide. With the number of exonerations continually on the rise, 27 states and the District of Columbia, have addressed the needs of exonerees with legislation that provides for the compensation of these individuals. A majority of these states offer basic monetary compensation. Basic monetary compensation, however, is not enough. The criminal justice system has failed these individuals in one way or another, and after years in prison, many are in need of more than money upon release.
Texas has been leading the country in exonerating wrongfully convicted individuals. In response to this recent development, the legislature took action by overhauling the current statutory compensation scheme. By increasing monetary amounts, and providing a wide range of services, Texas leads the nation in offering service to those individuals who have had their lives stripped from them for their respective wrongful imprisonment.
This Comment proposes that the Tim Cole Act, should serve as a model for other states to amend or create comprehensive compensation schemes. Part I of this comment introduces the story of Tim Cole, using that story as a background to examine wrongful convictions. Part II analyzes the main causes of wrongful convictions and common suggestions for preventing these causes in the future. Part III provides information on the three main avenues of recovery for exonerees and explains why legislation provides the best option. Part IV details the history of Texas's compensation legislation, providing the context in which the current legislation was enacted. Part V analyzes the current Tim Cole Act, outlining the recent changes and their importance in providing a comprehensive compensation scheme. Part VI offers comments for the use of the Tim Cole act as a model and suggestions for further reform, particularly in the area of attorney's fees.
“Comparing Pennsylvania and Texas Law on Ownership and Marital Rights: Common Law v. Community Property - Impact on Oil and Gas Leasing”
Authors: Van Maele Lilly Tade , Seidl Rebecca , Shapiro Kelly
Published: January 2023

As Texas exploration and production companies transition into Pennsylvania, industry professionals must recognize the differing legal landscape of Pennsylvania common law. It is within this context that this article highlights the major distinctions between the marital property systems employed by Pennsylvania and Texas. Failure to understand these legal variances could result in numerous title problems relating to spousal ownership. Properly classifying the nature of the subject property is paramount because property ownership ultimately determines both the proper lessor of an oil, gas, and mineral lease and the manner in which royalties are paid.
The two states' similarities and differences are outlined in the following three sub-topics: marital property systems, spousal protections, and intestate succession. Each sub-topic begins with a discussion and analysis of Texas law, followed by a discussion and analysis of Pennsylvania law, and concludes with practical considerations.
Back Where You Belong: Individuals, Corporations, and the Third Circuit’s Redefinition of Personal Privacy Under FOIA
Authors: Schneider Emily A.
Published: January 2023

The Freedom of Information Act ("FOIA" or "the Act") serves an important purpose in informing the citizenry of its government's actions. Congress created it as a disclosure statute, the Supreme Court has decided FOJA in favor of disclosure, and the D. C. Circuit has kept that goal of disclosure by refusing to broaden its exemptions. Despite this history of consistent treatment, the Third Circuit attempted to change the game with its holding in AT&T v. FCC. The Third Circuit held that corporations may have personal privacy under FOIA Exemption 7(C). This paper will argue that this holding contradicted three FOIA principles established by Supreme Court decisions: (1) broad disclosure, narrow exemptions; (2) creating practical, workable standards; and (3) using Exemption 7(C) to protect the unique privacy interests of individuals. The manner of the Third Circuit's decision also created additional problems in interpretation and application of Exemption 7(C). Though overruled in the instant case, the Third Circuit's decision-making demonstrates a disregard for FOIA principles that could create problems in future cases.
Maryland
Authors: Seamon Davin L.
Published: January 2023

While the State of Maryland is far from a traditional epicenter of conventional oil and gas development, the ubiquitous Marcellus Shale runs strong through two of Maryland's western panhandle counties, Garrett and Allegheny, and the play for these reserves has many of the industry's eyes squarely trained on this somewhat economically depressed area of Maryland. Several operators have begun preliminary work in the area, and a few large, mid-continental operators have charged headlong into western Maryland performing title examinations, securing leases, and obtaining title opinions in the hopes of pioneering a new geographic market and injecting a much needed boost of economic development into the sleepy, rural area. A few operators have applied for permits to drill and operate horizontal wells in Garrett and Allegheny Counties; however, this is where the fervor, activity, and excitement stops, and the development train leaps from its tracks. To date, the State of Maryland has yet to issue its first horizontal drilling and hydraulic fracturing permit.
North Dakota
Authors: Friez Christopher D.
Published: January 2023

Activity in North Dakota's oil and gas industry has increased significantly in the last several years. The increased oil and gas activity has created an increase in North Dakota case law regarding oil and gas related issues. The following is an update on North Dakota case law related to the oil and gas industry from September 1, 2010, through August 31, 2011. The cases address a variety of oil and gas law related issues.
Pennsylvania
Authors: Holland Nate
Published: January 2023

Lessors brought a declaratory judgment action seeking to terminate several oil and gas leases executed in 2002 and 2003. The leases' habendum clause provided for a primary term of one year and a secondary term continuing so long as lessee produced oil or gas, there were production operations on the leasehold, or lessee tendered delay rental payments. Assignee-lessees made delay rental payments but did not make any efforts to drill any wells on the leaseholds. The trial court granted summary judgment for lessors on the grounds that leases would not be construed to create a perpetual term unless the intention is clear and unequivocal. The Superior Court initially noted that an oil and gas lease conveys an inchoate interest that becomes vested as a fee simple determinable upon production. The court then affirmed, holding that delay rental payments could not hold the leases during the secondary terms, relying heavily on the rationale that the purpose of a lease is to promote the development of the leasehold. The court additionally held that to find that a lease can be held indefinitely by delay rental payments was inconsistent with the nature of a lease as a fee simple determinable, because it only becomes such a vested interest when production in paying quantities is achieved.
Alabama
Authors: Jackson Walton , Holt Ted , Oldenburg Shannon
Published: January 2023

The authors summarize cases and developments coming out of Alabama.
Arkansas
Authors: Daily Thomas A.
Published: January 2023

Unlike some other jurisdictions, Arkansas does not typically have large annual volumes of oil and gas related cases or legislation. The most recent year was pretty normal in that respect. This Article will review several changes in Arkansas oil and gas law: (a) one legislative change, itself inspired by a Justice's dissenting opinion in a case interpreting the previous statute; (b) three fairly unremarkable opinions of the Arkansas Court of Appeals; (c) and two noteworthy federal district court opinions-the first determined the ownership of coal-bed methane gas between competing gas and coal owners, and the second, rather interesting ruling, involved a group of landmen's possible unauthorized practice of law.
California
Authors: Renwick Edward S.
Published: January 2023

What generalizations can be drawn from this combination of history, geography and demographics, and the shared authority of statewide agencies and powerful local agencies? The majority of California voters live in the coastal plain. They, generally speaking, are not favorably inclined toward the oil and gas industry. As a result, the statewide agencies, with the exception of the DOGGR, tend not to be favorably inclined toward the oil and gas industry. The ranks of the DOGGR are filled with people who have come out of the oil and gas industry and thus, tend to be favorably inclined toward the industry.
The predilections and biases of local agencies depend on their location. In the coastal plain these agencies are answerable, either directly or indirectly, to a local electorate that tends to be anti-oil. As a result local agencies in the coastal plain tend to be anti-oil. In the central valley, these local agencies are answerable to an electorate that tends to be politically conservative and pro-oil. As a result, local agencies in the central valley tend to be pro-oil.
Louisiana
Authors: Hall Keith B.
Published: January 2023

Louisiana does not recognize the concept of a mineral estate. The closest concept that Louisiana has is the "mineral servitude," a type of mineral right which is somewhat like a mineral estate, except that a mineral servitude automatically terminates through "prescription of nonuse" if the servitude is not used for any period of ten consecutive years.
North Dakota Oil and Gas Update
Authors: Friez Christopher D.
Published: January 2023

The following is an update on North Dakota case law related to the oil and gas industry from August 1, 2011, through July 31, 2012. The cases address a variety of oil and gas law related issues.
Oklahoma Oil and Gas Update
Authors: Christiansen Mark D.
Published: January 2023

The author reviews updates and developments to oil and gas law in Oklahoma.
Tennessee Oil and Gas Update
Authors: Holland Gary , Ranieri Dominique
Published: January 2023

This Article provides an annual update regarding developments in the oil and gas industry in the State of Tennessee covering the period from August 1, 2011, through July 31, 2012, with a focus on major state legislative and regulatory proposals and enactments and developments in the common law.
Vemont
Authors: Sidortsov Roman V.
Published: January 2023

This Article opens with a discussion of the Vermont Natural Gas and Oil Conservation Act. In this section, the Act's statutory purposes, its main features and themes, and the role of the Vermont Natural Gas and Oil Resources Board are considered. The Act is examined in comparison to the 2004 Model Oil and Gas Conservation Act. The second part of this Article is devoted to H. 464. In this section, the potential for developing unconventional oil and gas resources in Vermont is discussed, along with H. 464's legislative history and key provisions.
Illinois Oil and Gas Update
Authors: Stoller Robin Levine , Tully Jessica C. , Barber Andrew
Published: January 2023

In addition to legislative reform, Illinois oil and gas law has been further defined by two cases decided in the past year: Tri-Power Resources, Inc. v. City of Carlyle, which allows "non-home-rule unit" municipalities to prevent oil and gas drilling through zoning ordinances, and Nye v. Leavell, which confirms Illinois' position on what constitutes "production" under a lease. The Tri-Power Resources decision leaves the industry in a rather precarious position moving forward.
Put Up Your Dukes: The Fight Over Commonality in the Era of Wal-Mart v. Dukes
Authors: Brooks-Crozier Jennifer
Published: January 2023

This Article evaluates the impact of Wal-Mart v. Dukes on class action litigation.
Somebody Poisoned the Jury Pool: Social Media's Effect on Jury Impartiality
Authors: Brown Kristin R.
Published: January 2023

This Comment will address what impact social media has on the fundamental right to an impartial jury and how that impact should be addressed, so that when a jury is seated, society can best be assured that the jury is free of bias and able to make a decision regarding the guilt or innocence of the criminal defendant based solely on the evidence and testimony that is admitted at trial.
Judicial Notice of the Validity of Horizontal Gaze Nystagmus in Texas: Emerson v. State
Authors: Russell James Rick
Published: January 2023

This note first explains how officers use the HGN test in determining field sobriety. Next, this note reviews judicial standards for the admissibility of novel scientific evidence in Texas. Last, after a discussion of Emerson's rationale, this note explores the arguments against the propriety of taking judicial notice of the validity of the HGN test.
Stare Decisis and Autran v. State
Authors: Williams Austin Travis
Published: January 2023

In Autran v. State, the Texas Court of Criminal Appeals found "[t]he officers [sic] interest in the protection of appellant's property, as well as the protection of... the agency from claims of theft, can be satisfied by recording the existence of and describing and/or photographing the closed or locked container." Thus, Autran interpreted Article I, Section 9 of the Texas Constitution as requiring less intrusive means than the Fourth Amendment of the U.S. Constitution for conducting automobile inventory searches. This note examines the proper scope of an automobile inventory search as currently defined under federal and Texas law, and discusses Autran's failure to adhere to stare decisis' by unnecessarily overturning previously relied upon precedents.
De Facto Merger in Texas: Reports of Its Death Have Been Greatly Exaggerated
Authors: McIntyre Frank William
Published: January 2023

This comment examines three issues of Texas de facto merger law. First, whether the Texas Legislature's 1979 amendment to Article 5.10 of the Texas Business Corporations Act was intended to eliminate the de facto merger doctrine, regardless of how closely a transaction resembles a merger. Second, whether the 1987 and 1991 amendments to Article 5.10 are additional evidence of a legislative intent to eliminate the de facto merger doctrine. And, if so, whether it was sound public policy to completely eliminate the de facto merger doctrine.
Liability for Public Hospitals Under the Texas Tort Claims Act
Authors: Taylor Deborah Margaret
Published: January 2023

This comment examines the Texas Tort Claims Act with particular focus on the Act's tangible property exception and provides an overview of relevant case law. It specifically examines two recent Texas Supreme Court decisions, University of Texas Medical Branch at Galveston v. York and Kassen v. Hatley, both rejecting negligence claims against public hospitals. Last, this comment examines similar laws from other states with a view toward reforming the Texas Tort Claims Act.
Attorney Advertising in Texas: Regulations Mean Serious Business
Authors: Winick Mitchel L. , Thomas Debra , Sisco Robin
Published: January 2023

The purpose of this article is to provide attorneys with additional notice and explanation of the history, constitutional basis, and interpretation of Texas' attorney advertising and solicitation rules. If an ounce of prevention is worth a pound of cure, the objective of this article is to help prevent unnecessary grievances and sanctions caused by a lack of knowledge about the Texas attorney advertising and solicitation rules. Part I of this article reviews the creation of the Texas rules and the Advertising Review Committee. Part II provides a summary of the new Texas rules, including a discussion of the most common violations. Part III provides a history of the constitutional issues related to the First Amendment and commercial speech. In conclusion, Texas attorneys should note that compliance with the advertising and solicitation rules is required to avoid potentially serious sanctions.
Risky Business: Rejecting Adherence to Industry Standards in Exclusive Songwriter Agreements
Authors: Bennett Tamera H.
Published: January 2023

Part I of this Comment addresses the formation of the doctrine of unconscionability. Part I also covers the nature of exclusive songwriter agreements and how the doctrine of unconscionability can be utilized to level the playing field between songwriters and music publishers. Part II analogizes other areas within the entertainment industry where the courts have rejected adherence to industry standards and reformed the contractual agreements between the parties. This section's primary focus will be the court's reasoning in Phase II of Buchwald v. Paramount Pictures Corp. (Buchwald II) and how that court's analysis can be applied to exclusive songwriter agreements. Although Buchwald II is unpublished, the case is cited by commentators when addressing what they believe should be the appropriate analysis regarding unconscionability in contracts. The decision in Buchwald II will be contrasted with decisions reached in other areas of the entertainment industry in the United States and the cases that have become known simply as the "English Music Trilogy."'" The conclusion of this Comment will include both legal and policy arguments as to why adherence to current industry standards in exclusive songwriter agreements is a disservice to both parties of the contract.
Use of Another's Trademark in a Web Page Meta Tag: Why Liability Should Not Ensue Under the Lanham Act for Trademark Infringement
Authors: Sees Michael R.
Published: January 2023

This Comment argues that liability for trademark infringement should not ensue under the Lanham Act when an unauthorized user incorporates a senior holder's registered trademark in a web page meta tag.4 Part I discusses the Lanham Act and the various elements that must be satisfied in order to prevail on a cause of action for trademark infringement. Part II provides a background of the Internet and World Wide Web. Part III discusses how a typical cause of action for trademark infringement in this situation may arise. Part IV analyzes the issue and demonstrates why liability should not ensue. In short, the argument takes the position that an action for trademark infringement stemming from the unauthorized use of another's trademark in a meta tag cannot be sustained.
The Missing Link in Royalty Analysis: An Essay on Resolving Value-Based Royalty Disputes
Authors: Pierce David E.
Published: January 2023

The oil and gas lease is intended to document a business transaction between the landowner and oil and gas developer. The developer obtains the right to enter the landowner's property to search for, develop, produce, and take title to oil and gas. The landowner is compensated with a royalty on oil and gas produced from the land. The royalty may be an actual share of the oil and gas produced, or it may be a payment of money. A combination of the two occurs frequently: a share of oil production for oil royalty and a payment of money for gas royalty.
In most cases, if production is obtained from the leased land, the royalty will become the primary source of landowner compensation under the leasing transaction. Once the oil and gas lease is entered into, and production has been obtained, there are only two ways a lessor can maximize his royalty income: (1) increase the volume of production; (2) increase the value of production. The situs of the lessor's volume- and value-enhancing efforts is often a courthouse. This article focuses on the value-enhancing issues associated with the oil and gas lease and offers what the author believes is a frequently applied, but previously unarticulated analysis for resolving value-based royalty disputes. This "missing link" analysis focuses on a fundamental issue courts must address to properly resolve lessor/lessee value disputes. When does the lease relationship come to an end? The analysis is neutral as to which party should prevail. The analysis merely asks the critical question that should assist in resolving many collateral royalty value disputes when answered.
Marginalizing Adarand: Political Inertia and the SBA 8(A) Program
Authors: Malone R. Brad
Published: January 2023

This Comment will focus upon the recent regulatory changes to the 8(a) program and how these changes tend to marginalize the impact of Adarand on the 8(a) program. The central argument is that, although the 8(a) program retains its racial and ethnic preferences, it will pass constitutional muster based upon unique program participation criteria that separate it from other federal affirmative action initiatives. Part I discusses the Adarand decision and how, within its historical context, the opinion signaled significant changes in the interpretation of federal contracting set asides. Part II presents a background of the 8(a) program and a discussion of its programmatic operation. Part III discusses changes resulting from the new regulatory scheme and concludes with an argument as to why the 8(a) program should survive the constitutional standard applied by the Adarand Court.
The Unfortunate Faith: A Solution to the Unwarranted Reliance Upon Eyewitness Testimony
Authors: Gross William David
Published: January 2023

The purpose of this Comment is to argue for the mandatory admission of expert testimony on eyewitness testimony in criminal trials with a jury as the finder of fact. Juries have a preference for direct testimonial evidence."8 But, the impact of direct eyewitness testimony is often misleading to jurors. The rule of law allows eyewitness testimony in most cases but does not require expert testimony to illuminate it. 9 This idea requires a change in the Federal Rules of Evidence. The nondiscretionary admission of expert witness testimony will aid the jury when the accuracy of eyewitness testimony is the pivotal proof.
Part I chronicles historical mistaken identification cases that exemplify major failures in the criminal justice system. Part II presents the unique reasons why eyewitness testimony creates the need for special expert testimony. Part III analyzes the current state of the law in Texas, allowing admission of expert testimony on the accuracy of eyewitness testimony. Part IV argues for the proposed solution to unreliable eyewitness testimony and the jury's unreasonable dependence upon it. The Conclusion explains why the recommended change in the law is prudent and necessary for the cause of justice.
Daubert Readiness of Texas Judiciary: A Study of the Qualifications, Experience, and Capacity of the Members of the Texas Judiciary to Determine the Admissibility of Expert Testimony Under the Daubert, Kelly, Robinson, and Havner Tests
Authors: Kent Cynthia Stevens
Published: January 2023

This article will look at the results of a survey conducted among Texas judges regarding their background, experience, training, and confidence in performing this gate-keeping function. First, it is important to review the history of judicial decision-making as it applies to the admissibility of expert testimony. What have been the legal guidelines for admissibility and how has the recent case law changed those legal standards? Second, what did the survey of Texas judges tell us about their education and perceived ability to perform the gate-keeping role? Finally, what future issues does the judicial gate-keeping rule raise for experts, lawyers, and the judiciary itself?
Managers of Medicine: The Interplay Between MCOs, Quality of Care, and Tort Reform
Authors: Giesler Carl
Published: January 2023

This paper examines Corporate Health and argues the policy wisdom of imposing malpractice liability on MCOs. Part II chronicles the effective control MCOs exercise over medical care decisions. Part III discusses states' non-tort regulations of MCOs and their ineffectiveness in making MCOs accountable for that control.
Part IV then argues that the policy behind MCO tort liability makes sense and that Congress should clearly authorize states to impose malpractice liability on MCOs whose decisions negatively impact patients' medical treatment. Tort liability forces MCOs to consider the nonmonetary costs of negligent medical necessity decisions borne by man- aged care consumers and then incorporate them into their assessment of the trade-offs between health care cost and quality. It also makes MCOs respect and adhere to the treatment quality levels demanded by society. The public has evidenced its desire to contain the rise in health care costs through its embrace of managed care. Nonetheless, by society's continued enforcement of standards of care through the imposition of malpractice liability on physicians and other providers, it has also revealed the level below which it does not want-and will not tolerate-health care quality to fall.
Though critics can debate whether custom-based standards of care make sense and whether a tort regime is effective, no reason exists to exempt MCOs-the decisions of which affect patient care levelsfrom adhering to them while enforcing them against physicians and other providers. Tort liability forces MCOs to respect those levels as they work to make health care more efficient and will not lead to unreasonable increases in malpractice litigation and health insurance costs. Part V reflects the recent trends in state legislation to address accountability and liability of HMOs. Part VI explains the Texas tortbased approach to MCO accountability for medical determinations, discussing the THCLA and its evaluation in Corporate Health.
Part VII concludes the paper with a call for Congress to enact legislation or amend ERISA so that states can unreservedly enforce medical negligence standards against MCOs. While courts have narrowed the extent of ERISA's preemption of state law, federal and state decisions on ERISA's implication for state MCO tort liability are inconsistent. Undoubtedly, the resulting uncertainty makes some state legislatures wary of imposing malpractice liability on MCOs. Clarification from Congress would likely embolden mores states to follow Texas' lead.
Advertising Injury Coverage Analysis for Trademark and Trade Dress Infringement Claims in Texas: As Easy as One, Two, Three
Authors: Romine Bryon L.
Published: January 2023

Texas courts should not make the determination that trademark and trade dress infringement claims should be unconditionally covered as advertising injury because Texas common law, its rules of policy construction, and general trademark and trade dress law militate against such a finding. Rather, each claim should be analyzed case-by-case, based on the particular allegations made and the coverage afforded. The purpose of this Comment is to provide a framework to assist the courts in analyzing coverage for trademark and trade dress claims under the CGL in Texas.
To Donate or Not to Donate Your Organs: Texas Can Decide For You When You Cannot Decide For Yourself
Authors: Rutherford-McClure Jennifer
Published: January 2023

Part I of this comment illustrates the historical background of the organ shortage. Part II discusses the response of the federal government, other states, and other countries to the organ shortage. Part III discusses Texas's response to the organ shortage and Texas's version of the Uniform Anatomical Gift Act. It also discusses why Texas should repeal section 521.405 of the Texas Transportation Code and provides alternative methods of procuring organs for transplantation other than the aforementioned statute.
This comment is not meant to sway anyone from organ donationquite the contrary. The purpose of this note is to illustrate the importance of having a choice about what we want to happen to our bodies after we die. Nothing is quite so personal to us as our body, for it is the vessel that carries our soul. For that very reason, it should be usnot the state-that determines its destiny.
Cleaning Salt from the Victim's Wound: Mandamus as a Remedy for the Denial of a Victim's Right of Allocution
Authors: Morton Nikki
Published: January 2023

This comment discusses victim allocution as a statutory right in Texas and proposes mandamus as a remedy when that right is denied or overlooked.
The State Can Rest: Texas Rule of Appellate Procedure 44.2(b) and "Harmless" Error
Authors: McAdoo Mark
Published: January 2023

This Note will outline the contours of Rule 44.2(b) by examining: (1) the reasons and motivations behind the adoption of the new rule; (2) the case law interpreting the new standard contrasted against the old rule; and (3) the potentialities inherent in the new rule for harm to the rights of the accused. Finally, this Note will illustrate why, in the interest of justice, the new rule should be discarded in favor of the old rule.
Virtual Strip Searches at Airports: Are Border Searches Seeing Through the Fourth Amendment?
Authors: Viña Stephen
Published: January 2023

This Comment explores the government's use of Body Scan Imaging Technology as a constitutionally valid means of ensuring public safety, provided that it is conducted based on a reasonable suspicion in order to protect an individual's expectation of privacy. Part II details the creation, use, and criticism of the new Body Scan technology. Part III provides a brief history of Customs authority at our borders and discusses the interpretation of the judicial term "reasonableness" as it is applied through various types of searches and government policies at our international borders. Part IV argues that the Body Scan should be viewed as a non-routine border search and secures this determination through the Vega-Barvo x-ray test.8 Part V evaluates various levels of suspicion and counter-arguments for the implementation of the Body Scan. Part VI concludes that the Body Scan is a type of non-routine border search and will best secure an individual's expectation of privacy by applying reasonable suspicion as the appropriate judicial standard. Under this analysis, the Body Scan is a constitutionally "reasonable" method to search individuals at our borders within the bounds of the Fourth Amendment.
The Impact of Computer Security Regulation on American Companies
Authors: Harvey Dean William , White Amy
Published: January 2023

Since the mid 1990's, e-business and electronic communication have spread rapidly and widely throughout the United States. According to one study, the majority of the U.S. population, fifty-four percent, used the Internet in September 2001, up twenty-six percent from the year before. Companies are targeting their e-business efforts to reach this expanding customer base. By entering the world of e-business, companies can benefit from lower transaction costs, improvement in the time to take products to market, cost savings in inventory and supply chain reduction, improved communications, and the ability to outsource organizational tasks such as payroll and customer-relations management. Cost savings and easy access for both online businesses and consumers depend on the ability of such online businesses to collect, store, transfer, and analyze vast amounts of data.
As more and more business is conducted online, electronic security has become more of a concern. In 2001 alone, $380 million was lost due to breaches in electronic security. While terrorist attacks and financial fraud should motivate companies to carefully consider their information security, recent developments in the law require some companies to safeguard certain types of consumer information.
Additionally, Internet users appear concerned about disclosing personal identifying information. According to a recent study, eightynine percent of Internet users are worried that companies may sell their private information, and eighty-one percent of Internet users who seek health information want the right to sue an online web company for violations of their privacy policies. Companies that wish to collect and use such data need to consider what steps they can take to reassure customers and to overcome their fears. The implementation of adequate security measures may improve consumer confidence. According to one survey conducted by Cyber Dialogue, retailers lost $6.2 billion in sales in 2001 from consumers concerned about the privacy of their information. The focus of this Article is on legal requirements for the implementation of security safeguards to protect the privacy of information.
The Anti-Circumvention Provision of The Digital Millennium Copyright Act
Authors: Hammond Herbert J. , Brunelli Heather C. , Dabeau Jocelyn E. , Walker Luke A. , Yoo Thomas
Published: January 2023

The DMCA's ban on circumvention technology, however, has been the subject of some dispute. In the "arms race" between encryption and decryption technologies, the anti-circumvention provision seems to have recently won out. The anti-circumvention provision also appears to have altered the contours of copyright law and to have disturbed the balance between protecting the rights of authors and promoting the advancement and flow of information. This Article begins with a brief history of the Digital Millennium Copyright Act and its anti-circumvention provision. It then describes the features of the anti-circumvention provision, its exceptions, and the remedies provided by the Act. Finally, it reviews three recent cases that raise important issues that, when ultimately resolved, may permanently affect copyright law.