bluuebunny/crossref_metadata_2025 huggingface dataset:
Some physicochemical characteristics of River Bakulahi within Pratapgarh District
Authors: Rajpoot Subhadra , Sharma Vivek , Singh S.B
Published: January 2023

The rivers of India play an important role in the lives of the Indian people. The river systems provide irrigation, potable water, cheap transportation, electricity, and the livelihoods for a large number of people all over the country. This easily explains why nearly all the major cities of India are located by the banks of rivers. The rivers also have an important role in Hindu mythology and are considered holy by all Hindus in the country. The water-rich areas of the world are truly the richest place on Earth.Bakulahi River originates from Bharatpur Lake of Rae Bareli district of Uttar Pradesh. The Bakulahi river flows through Rai bareili district and Pratapgarh district of Uttar Pradesh. Bakulahi river falls down in Sai river (Tributary of Gomti river) in Kajurni village of Mandhata block.Water samples have been collected from a part of Bakulahi River along different points and analyzed for various water quality parameters. This study involves determination of physical, biological and chemical parameters of surface water at different point. A systematic study has been carried out to assess the water quality index of River Bakulahi in Pratapgarh District. water samples from five sampling stations were collected and analysed for physico-chemical parameters (Temp, pH, dissolved oxygen, C.O.D., B.O.D., Carbonate, Bicarbonate, total alkalinity, hardness, turbidity, calcium, magnesium, sodium, potassium, nitrate, phosphate, chloride, sulphate, electrical conductivity, total dissolved solids and total suspended solids.)The study area experiences a seasonal climate and broadly divided into three seasons as winter (November to February), Summer (March to June) and rainy (July to October). The samples were collected and analysed for two consecutive years 2009 and 2010. Each parameter was compared with the standard desirable limit of that parameter in river water as prescribed by different agencies.The analytical data of various physicochemical parameters indicates that some parameters like pH, electrical conductivity, total dissolved solids , total suspended solids, turbidity and sodium are found to be in excess than the prescribed limit in some water samples of the study areas. The WQI value indicates that water samples of some sampling stations are quite unfit for drinking purpose because of high value of dissolved solids and sodium. It was also observed that the water in the year 2009 was of a better quality than in the year 2010. Suitable suggestions were made to improve the quality of river water.
The Relationship of Mother’s Knowledge to the Incidence of Stunting in Children at the Bromo Public Health Center, Medan Denai, Indonesia
Authors: Claudia Siregar Grace Clara , Wienaldi  , Wika Hanida Lubis
Published: January 2023

Stunting is a condition where there is a growth disorder in a child caused by a lack of intake of both macronutrients and micronutrients. A mother is an individual who is very close to a child regarding the growth and development of the child. This study aimed to determine the relationship between mother’s knowledge and the incidence of stunting in children at the Bromo Public Health Center, Medan Denai, Indonesia. Cross-sectional analytic observational study. A total of 62 respondents who were mothers of children aged 36-60 months were included in this study. Data analysis was carried out with the help of SPSS software in a univariate and bivariate to determine the relationship between mother’s knowledge and the incidence of stunting. The majority of children with stunting nutritional status have mothers with poor knowledge regarding nutritional intake. In conclusion, there is a statistical relationship between the mother's knowledge and the incidence of stunting in children, with p <0.05.
Measuring the Effectiveness of LDA-Based Clustering for Social Media Data
Authors: Khan Aysha , Ali Rashid
Published: January 2023

Social media has come out as a great platform for users to communicate and share their opinions, photos, and videos that contemplate their moods, feelings, and emotions. This wide variety of data provides multiple possibilities for exploring social media data to investigate feelings and sentiments based on their moods and attitudes. With the enormous increase in mental health disorders among individuals, there is a massive loss in productivity and quality of life. Social media platforms like Reddit are used to seek medical advice on mental health issues. The structure and the content on various subreddits can be employed to interpret and connect the posts for mental health diagnostic problems. In this work, we have focused on seven mental health disorders, namely Anxiety, Depression, Bipolar, Autism, Borderline personality disorder, Schizophrenia, and mental health, which are actually subreddits posted by users on the Reddit social media platform. In this work, we have measured the effectiveness of topic modeling using Latent Dirichlet Allocation on these social media posts to identify the most used words and discover the hidden topics in their posts and also analyzed the results on evaluation metrics based on perplexity and coherence scores on unigrams, bigrams, and trigrams.
Photography and the Work-for-Hire Doctrine
Authors: Miller R. Scott
Published: January 2023

Photography has enjoyed a unique niche in the history of copyright, especially in the context of the work-for-hire doctrine. In this article, I intend to trace that history, beginning with the Supreme Court case decided over 100 years ago which first extended copyright protection to photographs. I will then examine the treatment photography received under the 1909 Act and the 1976 Act and judicial interpretations of this legislation. Finally, I will look at recent legislative action in the states of New York and California and its impact on the workfor- hire doctrine as it is applied to photography, and recommend a statutory addition for Texas.
Labor Disputes in Contract Law: The Past and Present of Alaska Packers’ Ass’n v. Domenico
Authors: Threedy Debora L.
Published: January 2023

In Part II, I will give a brief recapitulation of the facts and background of Alaska Packers' as revealed by my digging into the case. In Part III, I will briefly discuss the doctrinal evolution of duress and the pre-existing duty rule before and after Alaska Packers' and conclude that this evolution complicates, but does not negate, Professor Snyder's insight into the "pernicious effect" of labor disputes on the development of contract doctrine. Finally, in Part IV, I will point out the continuing relevance of the case to the intersection of labor and contracts, and suggest that a hundred years of experience dealing with labor disputes has not clarified the lesson of Alaska Packers'.
Suspended Animation: The Implementation of the Hague Convention on Intercountry Adoption in the United States and Romania
Authors: Sargent Sarah
Published: January 2023

Recent high profile cases in the popular media highlight on going problems with intercountry adoption. These cases involved the sending of infants from the United States to families in the United Kingdom who had not been approved for adoption under United Kingdom standards. This is despite the efforts in each country to enact the protections afforded to children under the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption although at the time of the adoptions, these protections were not yet in force in either country. Are these headline cases of intercountry adoption gone catastrophically wrong the norm or the exception in intercountry adoption?
Although the Convention is not yet in force in the United States and only went into force in the United Kingdom on June 1, 2003, the failure of each country to adhere to the protections that the Convention would provide, as well as the overriding monetary incentive in adoption, led to high profile baby selling cases. It is beyond the scope of this Article to look in-depth at the experience of each Hague member country; but a review of the implementation efforts in Romania and the United States illustrates the difficulties in meaningful implementation and provides a study in microcosm of the successes and failures of the Convention, with implications of what the future impact of the Hague Convention will be on intercountry adoption.
Employment Dispute Resolution Processes 2004
Authors: Morgan Cecilia H.
Published: January 2023

The Author has mediated, arbitrated, or both in 19 states across the United States with the majority of the companies, and their employees, referenced in this Article. The Author has consistently found the EDR Systems to be an efficient, creative, and valuable tool in resolving employment disputes while being fair, cost effective, and successful.
The Common-Law History of Non-Economic Damages in Breach of Contract Actions Versus Willful Breach of Contract Actions
Authors: Kent Mara
Published: January 2023

This Article traces the common-law history of the general damages laws of the Anglo-Saxon peoples from 600 A.D. to the more limiting laws regarding recoverability of non-economic damages in breach of contract actions in the United States today. It also explores the progression of courts' control over juries, and the courts' attempt to provide meaningful guidance to juries charged with assessing damages. A common thread running throughout the centuries is how to best control verdicts with awards of excessive or inadequate damages in breach of contract actions. While the common law has certainly progressed from the early days of criminally punishing jurors who "incorrectly" assessed damages, it has created a modern maze of legal tangles and confusion for scholars and practitioners alike.
Hadley v. Baxendale and Other Common Law Borrowings from the Civil Law
Authors: Barnes Wayne
Published: January 2023

Is this recognition deserved? To some extent, inarguably it is. But is the judicial "inventiveness" ascribed to the Hadley court fully warranted? Was it created out of whole-cloth by ingenious practitioners of the common law? This Article seeks to answer that question, though the title perhaps eliminates any attempt at suspense, for the civil law was most assuredly referenced for the Hadley rule. After this initial introduction, Part II of this Article will discuss the facts and holding of the Hadley case, and describe fully the civilian sources for the rules announced by the Hadley court. Part III will discuss generally the concept of legal transplants, and the interrelation between the development of a particular legal rule and the context of the society in which it is promulgated. Part IV will present, by way of illustration and example only, a handful of other instances in which Anglo-American courts have borrowed from the civil law for purposes of "creating" new common law doctrine. Part V will offer some concluding remarks.
The Historical Setting for Hadley v. Baxendale
Authors: Conway-Jones Hugh
Published: January 2023

This piece describes the historical setting of the City Flour Mills and outlines the events featured in the subsequent legal case that became famous as Hadley v. Baxendale.
The Prosecution’s Choice: Admitting a Non-testifying Domestic Violence Victim’s Statements Under Crawford v. Washington
Authors: Soulé Kristine
Published: January 2023

This Comment explores these available options in light of Crawford's holding and reasoning. In Part II this Comment provides an overview of the background of the Confrontation Clause from its development as a constitutional amendment through its application in Ohio v. Roberts and the admissibility of hearsay. Part III examines Crawford and its holding. Part IV discusses the policy concerns leading to the use of police reports and officer testimony in the prosecution of domestic violence cases and the problems that arise in the prosecution of domestic violence cases. Part V examines excited utterance in Texas, the Texas Court of Criminal Appeals's recent opinion defining "testimonial," and how Texas courts may apply this definition in domestic violence cases. Finally, Part VI discusses the applicability of the forfeiture-by-wrongdoing doctrine.
In Defense of the Compatibility of Freedom and Equality
Authors: Spagnoli Filip
Published: January 2023

In this paper, the Author endeavors to find philosophical arguments in favor of the link between freedom and equality and against the traditional opposition between these values. The Author's thesis is that the best way to defend this link is the adoption of a certain definition of freedom, namely freedom as autonomy, self-rule, and self-development. Other types of freedoms are more difficult to combine with the demands of equality.
An important part of the link between freedom and equality will be the law and the state. Protection by the law, security because of the law, the creation of a public space by the law, and political participation in a democratic state based on the law are all factors which combine in producing an equal liberty for all, liberty in the sense of selfrule, freedom of choice, and the possibility to determine your own life and to develop yourself.
Democracy and Human Rights-Not for Gay People?: EU Eastern Enlargement and Its Impact on the Protection of the Rights of Sexual Minorities
Authors: Kochenov Dimitry
Published: January 2023

Gays and lesbians in Central and Eastern European countries (CEECs) did not have any rights under communism, where homosexuality had either been a criminal offence or, at best, the official attitude towards it could be characterised as repressive tolerance. The development of civil rights and freedoms, which started after the collapse of the communist regimes, did not immediately result in a break through in the sphere of gay rights: "[i]n the midst of the multifaceted transformation of [the CEECs], the status of gay and lesbian residents has undergone varied and dramatic changes and is still in flux." Many hopes for change in this situation were related to the process of enlargement of the European Union (EU) and were fuelled by the belief that the EU would ensure that no country turning a blind eye to the problems related to gay rights and allowing discrimination on the basis of sexual orientation would be permitted to join. As it turned out, these hopes were only partly justified. The actions of the EU were timid, ill-focused, and stopped short of realising the potential for change offered by the legal context of enlargement preparation. Such developments can be explained by the limited nature of Community competences in this field, especially true at the very beginning of the enlargement process and which were certainly influenced by the questionable gay rights record of the European Court of Justice (ECJ). The EU did not decouple the pre-accession human rights monitoring of the candidate countries from its own internal incompetence in the field of gay rights and the limited scope of the acquis in this area. While the situation improved slightly over the last few years preceding the enlargement, it is clear that the current adopted practice is unsustainable and that the EU should seriously consider allowing gay rights to play a more prominent role in the course of the preparation of future enlargements.
Elected Texas District and County Attorneys’ Perceptions of Crime Victim Involvement in Criminal Prosecutions
Authors: Stickels John W. , Michelsen Bradley Joseph , DelCarmen Alex
Published: January 2023

This study tested the utility of the Victim Satisfaction Model of the criminal justice system by surveying elected District and County Attorneys' perceptions of victims' involvement in the charging and plea bargaining stages of the criminal justice process. This study used a cross-section research design. Every elected District and County Attorney in Texas received self-administered questionnaires. The results of this study support the utility of the Victim Satisfaction Model of the criminal justice system, further our understanding of prosecutorial decision-making, and have important implications for the American criminal justice system.
Playing the “Wild Card” in the Highstakes Game of Urban Drilling: Unconscionability in the Early Barnett Shale Gas Leases
Authors: Burt J. Zach
Published: January 2023

But what about those who signed leases in the early stages of the Barnett Shale boom? Being uneducated about mineral rights-leasing and unprepared to face negotiations with sophisticated oil and gas companies and landmen, were the early signers of Barnett Shale leases simply the unfortunate pioneers of this unprecedented phenomenon known as "urban leasing?" The early signers of Barnett Shale leases were not privy to the knowledge of how to gain a better bargaining position by organizing their neighborhoods or the benefits of waiting until the competition for their mineral rights heats up before they signed a mineral lease. Are these early signers of Barnett Shale leases simply out of luck? Or is there a legal remedy available to the early signers of Barnett Shale leases that could help even the playing field or rescind a lease and allow early signers a chance to renegotiate?
This Comment will explore potential answers to these questions. Part II of this Comment provides background information on the Barnett Shale, including a physical description of the Barnett Shale and why it is such an unusual natural gas play. Part III of this Comment introduces the legal document known as the oil and gas lease and explains what legal rights are created when one signs a lease with an oil and gas company. One cannot expect to understand the legal questions that may arise with Barnett Shale gas leases without first understanding the basics of an oil and gas lease. Part IV of this Comment analyzes the area of contract law known as unconscionability, which may be available to the early signers of Barnett Shale leases who want to rescind, renegotiate, or cancel an oil and gas lease. Finally, Part V of this Comment discusses the lessons that hopefully have been learned from the Barnett Shale urban leasing phenomenon and suggests how other cities may better prepare and protect their citizens when the next Barnett Shale is discovered
Love v. Love Handles: Should Obese People Be Precluded From Adopting a Child Based Solely Upon Their Weight?
Authors: Collier Kimberly A.
Published: January 2023

This Comment will propose eliminating the adoptive parent's weight as a determinative factor in adoption proceedings, evaluating instead the parenting skills of the potential parents, as well as their ability to emotionally, physically, and financially care for the adopted child. Part II of this Comment will discuss the history of adoption law in the United States and show how this area of law arose out of the need to find loving homes for the overwhelming number of orphaned children in America. Part II will also describe the current adoption process to demonstrate how adoption agencies and the court system use discriminatory screening factors to give preference to "ideal" parents. Part III will provide an introduction to obesity and discuss how size stereotypes in American society negatively affect the obese person in numerous aspects of life from childhood through adulthood. Part III will also discuss the current federal and state laws already enacted to combat size discrimination in the workplace and suggest that similar laws be put in place in adoption proceedings as well. Part IV will propose that disallowing a person of size to adopt is weight discrimination and is likely unconstitutional as a violation of the Equal Protection Clause of the Fourteenth Amendment. Part V will discuss how an obese person may have a more difficult time in adopting a child due to the courts' ability to discretionarily deny an adoption based on the adoptive parent's weight. It will also examine similar practices of weight discrimination in international adoptions and argue that if the United States adopts the policy of denying adoption based on the prospective parent's weight, the obese person may not be able to adopt a child of any race, either foreign or domestic. Part V will then suggest the fallacy in the courts' concerns with granting an adoption to a person of size and illustrate how allowing an obese person to adopt will still meet the courts' objective of doing what is in the best interest of the child. Finally, Part VI will argue that the best course of action is to rescind the discriminatory policy of denying adoption based solely on the parent's weight, and allow adoptions to be based on the individual's parenting skills as well as his or her ability to financially and emotionally support the child.
Signs of the Times: How the Recent Texas Legislation Regarding Homeowners’ Associations Deprives Homeowners of Their Fundamental Free Speech Rights
Authors: Kolbet Sharon
Published: January 2023

Homeowners in Texas may be surprised to learn that recent changes in the Texas Property Code may have effectively deprived them of rights that many citizens would have considered unalienable. As many Texas cities struggle to keep up with the costs associated with suburban sprawl, these cities are finding it difficult to provide new neighborhoods with essential services such as water, sewer, and trash removal. To help their bottom line, many Texas cities have transferred these responsibilities to homeowners' associations (HOAs). However, in doing so cities have inadvertently created vast patchworks of privately owned neighborhoods where many constitutional rights have been contracted away. These de-constitutionalized zones are growing, and the law governing such quasi-municipalities is unclear.
In 2001, the Texas Legislature intended to curb and regulate the power of HOAs by enacting the Texas Residential Property Owners Protection Act (TRPOPA). However, the portion of this legislation that deals specifically with an HOA's right to ban political signs is problematic, and possibly in violation of the Texas Constitution. Although the legislature intended for section 202.009 of the Texas Property Code to clarify the TRPOPA statutes, and thereby decrease the number of lawsuits brought against HOAs, the legislation may have the opposite effect.
The Evolution of Civil Collaborative Law
Authors: Abney Sherrie R.
Published: January 2023

The alternative dispute resolution family has experienced a number of changes over the last century. Litigation, the great grandfather of modern day dispute resolution, has been the procedure chosen by the majority of people to resolve their problems for literally thousands of years-primarily because it was the only legal choice available to most parties. Litigation has been tweaked by lawmakers and courts, but it is basically conducted in the same manner that it was conducted before the Pilgrims landed at Plymouth Rock. The only other institutions that have survived with little change over the centuries are religions. Litigation may appear to have become just as important as religion for some lawyers, because it has allowed them to earn extraordinary income and exercise an enormous amount of control over their clients' affairs; however, that situation is changing. The public has begun looking for alternative ways to achieve the resolution of disputes in order to give individuals and companies more control over the dispute resolution process as well as a greater voice in the final outcome of their disputes.
American Bar Association: Summary of Ethics Rules Governing Collaborative Practice
Authors:   American Bar Association Section of Dispute Resolution Collaborative Law Committee Ethics Subcommittee
Published: January 2023

The purpose of this paper is to address ethical issues considered in the above-mentioned opinions, including: (1) limited scope representation, informed consent, and restriction on practice; (2) conflict of interests; (3) competence and diligence; (4) mandatory withdrawal provisions, including withdrawal due to client behavior and withdrawal requiring the court's permission; (5) zealous representation; (6) confidentiality and disclosure; (7) communications and advertising; and (8) collaborative non-profit organizations.
This Article shows that, for the reasons set forth below, Collaborative Practice is consistent with the rules of ethics for lawyers and provides an important method for clients and attorneys to achieve fair settlements without the expense, delay, and acrimony that are, unfortunately, all too common when disputes are resolved in the litigation process.
Introduction: Urban Gas Symposium Commentary
Authors: White Frederic
Published: January 2023

I am pleased to comment on the articles contained in this Urban Gas Symposium issue of our law review. I congratulate the Texas Wesleyan Law Review for hosting a superior event surrounding the serious issues effecting oil and gas exploration, issues that will impact our lives for years to come.
Undoubtedly, like any new discovery, the Barnett Shale, has brought wealth and prosperity to a considerable number of people. Great wealth, however, does not come without a price. Accordingly, new discoveries always lead to new controversies, new misunderstandings, and new disputes. The articles in this issue of the Law Review offer a diverse and well-rounded examination of some of these items and make an effort at offering some explanation and guidance for the future.
Ownership and Leasing of Minerals Under Highways and Right-Of-Ways
Authors: Bredthauer William G. , Rinehart Shawna Snellgrove
Published: January 2023

The recent increase in urban drilling has raised several issues for oil and gas operators, one of which is the ownership of minerals under roads, easements, and other strips of land. Although the task of determining such ownership is far from new to operators, the increase in urban drilling and the drilling of horizontal, rather than vertical, wells has certainly made it more onerous. No matter how difficult it is to determine the mineral ownership, it must be completed if an operator is planning to drill under or within 330 feet of the tract. Attorneys and operators need to remember the strips of land are separate tracts of land and must be identified as such when applying for well permits. If an operator drills under a road that is not leased, then a trespass has been committed. At that point, the permit obtained by the operator may be invalid and the Railroad Commission could possibly shut-in the well.
Regardless of whether the strip is a road, highway, railroad, or utility easement, ownership of the minerals can be determined through a two-step process: (1) identify how the strip was created and the resulting estate, and (2) determine the effect of subsequent conveyances of the strip and property adjacent thereto. Although this process can be used on all strips of land, regardless of their nature, this paper focuses mainly on roads for the sake of simplicity.
The Anti-concurrent Clause and Its Impact on Texas Residents After Hurricane Ike
Authors: Altemose Amber L.
Published: January 2023

A homeowner's insurance policy typically contains a section detailing both covered perils and non-covered perils. Covered perils may include wind damage, for example, and non-covered perils may include flood damage. Some insurance policies also contain an anti-concurrent clause, which may be troublesome for some Texas homeowners after Hurricane Ike. The problem an anti-concurrent clause presents is simple-it denies coverage to policyholders for damages caused by a covered peril. By validating anti-concurrent clauses, the Fifth Circuit denied recovery for damages caused by a peril covered under the policy. This Comment will explain the development of Texas case law interpreting insurance policies when concurrent causes of damage occur; the Fifth Circuit's interpretation of anticoncurrent clauses; and the legal effect of the anti-concurrent clause in Texas.
Eminent Domain and Pipelines in Texas: It’s as Easy as 1, 2,3- Common Carriers, Gas Utilities, and Gas Corporations
Authors: Buffington Niles Amanda
Published: January 2023

Part II of this comment will provide a brief history of the oil industry in Texas as well as the large impact it has had on Texans up to the present day. Part III will examine the history of eminent domain jurisprudence in Texas, and Part IV will explore how private companies have obtained and used the power of eminent domain to lay pipelines. Part V will demonstrate how the law has affected the residents of Tarrant and neighboring counties living within the Barnett Shale, and Part VI will suggest means for reform in these areas of the law.
128A Notice Requirements: Adding to the Burden or Preventing Fraud for the Texas Probate System?
Authors: Curtis Catherine S.
Published: January 2023

This Comment will focus on the implications of requiring notice in the traditionally streamlined Texas probate system and explore the practical impact of the new notice requirements for attorneys and families. Because any analysis of the changes must begin with the text of the statute, Part II notes the previous notice requirements and explains what the new requirements are in section 128A. Part III begins with a brief history and overview of the probate system and the development of independent administrations in Texas. Next, Part IV examines the policy behind independent administrations, why the new notice requirements could pose a conflict and then considers the remedies already available to beneficiaries who feel that an executor has mismanaged estate assets. Finally, Part IV addresses why these remedies are inadequate without the new notice requirements.
This Comment concludes that even though the notice requirements pose a policy conflict and a potential for increased cost and inconvenience, the benefits of notifying beneficiaries outweigh these problems. Beneficiaries need to be in a position to demand an accounting or remove an executor who they feel has mismanaged the estate assets. Further, any policy considerations currently underlying the independent administration system are intended to benefit beneficiaries and family members of the testator, and a statute that requires notice to these individuals necessarily strengthens that policy.
Of Turkey Tetrazzini and George Wallace Buttons: The Experiences of the First Cohort of Africanamericans to Attend a Newly Desegregated Law School
Authors: Turner William B.
Published: January 2023

With these interviews I have tried to capture a very small slice of the social reality of ordinary African-Americans with regard to legal education at a formerly segregated, still overwhelmingly white, University, and their role in providing access to legal services to ordinary African-Americans in the first decades after desegregation. We know, given the grossly disproportionate number of African-American men whom our society incarcerates, in what amounts in my mind to a form of de facto slavery and reflects our society's deep-seated paranoia about black men generally, that our legal system remains today, nearly fifty years after major civil rights legislation, deeply hostile to the interests of African-Americans as a class. It requires little imagination to infer the immeasurably greater hostility of a legal system under the control of overtly and unrepentantly racist judges and attorneys. William Randall, now a judge in Macon, Georgia, asserts that he knows of a situation in which a white attorney stated in open court, "this nigger's guilty," regarding an African-American criminal defendant whom he was supposedly representing. Blatant racism aside, this incident also manifestly involved an egregious failure of that attorney to abide by the most elementary principle of an attorney's professional responsibility, to provide the most vigorous and effective possible representation to one's client. Thus we see that, in addition to being inherently grossly immoral, racism also has the undesirable effect of undermining adherence to other, facially unrelated principles that we should hold dear.
Federal Regulation of Greenhouse Gas Emissions a Practical Certainty: How Will the Texas Energy Industry Survive-Maybe Thrive?
Authors: Morrow Nicholas G.
Published: January 2023

This article asks the policy question: How is the Texas Legislature preparing to protect the Texas energy industry from the federal regulation of greenhouse gas emissions? The article begins with an explanation of why federal regulation of greenhouse gas emissions appears to be a practical certainty. In 2007, a 5-4 U.S. Supreme Court majority held the Environmental Protection Agency must regulate greenhouse gas emissions or find some reason rooted in the Clean Air Act why it should not act. This article will explore this decision, as well as the executive order that followed and the American Clean Energy and Security Act of 2009.
This article next discusses the implications of three bills passed into law by the 81st Legislature relating to carbon capture and sequestration (CCS) technology. House Bill 1796 provides for a carbon dioxide repository in subsurface geologic formations off the coast of Texas. House Bill 469 provides for the creation of clean energy projects, in which coal plants sequester carbon dioxide into geologic formations for permanent storage. Senate Bill 1387 establishes a regulatory framework for the implementation of CCS technology in Texas.
Finally, this article analyzes three bills relating to renewable energy that failed to be enacted. These bills serve as a foundation-and possibly an indication- of legislative initiatives to come in the following sessions. House Bill 1243 would have allowed customers of retail electric providers to sell back to the grid surplus energy generated from renewable energy sources. Senate Bill 541 would have updated renewable energy source goals and modified the Texas Renewable Energy Credit trading program. Senate Bill 545 would have provided incentives for investment in solar energy generation, as well as reduced the initial costs of implementation
Do Non-Discriminatory Peremptory Strikes Really Exist, or Is a Juror’s Right to Sit on a Jury Denied When the Court Allows the Use of Peremptory Strikes?
Authors: Walston Jeanette E.
Published: January 2023

This Comment explores the right of citizens to be part of the justice system by exercising their right to sit on a jury. A citizen's right to be empanelled, however, could directly affect a party's right to a fair and impartial trial. Thus, some safeguards, such as challenges for cause, must be kept in place. However, the use of peremptory strikes may be interfering far more with a citizen's right to sit on a jury than with a party's right to a fair and impartial trial.
In Rivera v. Illinois, the Supreme Court reiterated that it is up to the states to determine the existence and exercise of peremptory challenges, although peremptory challenges themselves are not a constitutional guarantee with regards to an impartial jury and a fair trial. Although the Supreme Court has left this task to the states, the Court has held that a juror may not be stricken based on race, ethnicity, or gender. This Comment evaluates which states have extended the restriction to other categories such as religion and age and discusses the extent to which other categories should be included. Thus, as state law continues to broaden the equal protection of jurors under the Equal Protection Clause, the question must be asked: When is the exercise of a peremptory strike not purposeful discrimination against a potential juror?
Revising Harmless Error: Making Innocence Relevant to Direct Appeals
Authors: Anderson Helen A.
Published: January 2023

The first part of this essay examines the development of harmless error law and its application to cases involving evidence of the type implicated in wrongful convictions. The second part will look at how harmless error analysis can be reinvigorated to take into account the Innocence Project findings. This will require more than tinkering with the standards; it may mean relying less on judicial speculation about the effect of an error. Some inquiries might require remand hearings where additional evidence can be admitted to determine the importance of an error to the verdict or the strength of the remaining untainted evidence.
Appellate courts are reluctant to find error prejudicial, and have erected barriers to such findings. But since we provide direct appeals at public expense, what better way to spend those resources than on what should matter most: determining whether the right person has been convicted? It is time for a better-informed harmless error standard that incorporates the lessons of the last three decades about the realities of criminal justice.
The Alien Terrorist Removal Court and Other National Security Measures You May Have Never Heard Of: The Need for Comprehensive National Security Reform
Authors: Kendall Emily C.
Published: January 2023

In light of the decade that has passed since 2001, cooler heads have prevailed. Advancements in technology and information-seeking have paved the way to prune unnecessary laws that are archaic, redundant, in many instances contradictory, and which merely frustrate the real policy behind these laws: safeguarding the U.S. and its citizens. To assist in this pruning, this Article presents a comprehensive plan for national security reform, specifically involving immigration, with an emphasis on the agency tasked with its implementation-the Department of Homeland Security. In light of this goal, Section II provides a brief background into the U.S.'s current approach to immigration policy, including a history of the Department of Homeland Security and a highlight of relevant national security legislation. Section III outlines the successes and failures of the current policies with respect to preventing, stopping, and quickly responding to terrorist attacks. Section IV elucidates areas within national security policy capable of augmentation, alteration, or repudiation altogether. Finally, Section V offers additional recommendations to further improve our nation's security.
Mississippi
Authors: Forester Marcial D.
Published: January 2023

The Mississippi receivership statute is routinely used to lease interests of unfound mineral owners and unfound or unknown heirs. By its decision in the Spectrum Oil case, the court of appeals now suggests that the term "all interested parties" includes collateral heirs whose interests may be affected by the receivership. This construction is contrary to what has been the common practice by attorneys utilizing the receivership leasing scheme. The court is, for all practical purposes, requiring that a determination of heirship be conducted whenever a receivership lease is sought. In Mississippi, section 91-1-27 through section 91-1-31 of the Mississippi Code provide for the only method for a conclusive determination of heirship. This heirship procedure requires publication for the heirs of the intestate. Regardless, the ruling in Spectrum Oil should only impact an unknown heir situation, such as the one addressed, and not known but unfound record mineral owners.
Alaska
Authors: Galvin Patrick
Published: January 2023

This Article focuses on the interpretations of changes relating to oil and gas law in Alaska from September 1, 2010, to August 31, 2011. During this period there were no significant statutory or regulatory changes, nor any relevant decisions from the Alaska Supreme Court. This Article will focus on a significant decision from the Alaska Superior Court that is currently on appeal to the Alaska Supreme Court.
Kansas
Authors: Pierce David E.
Published: January 2023

Oil and gas lease issues received considerable attention from Kansas courts during the past year. The most surprising ruling concerned the "free gas" clause.
Enterprise Software Licensing: New Options - New Obligations
Authors: Machal-Fulks Julie , Barnett Christopher
Published: January 2023

Software licensing options for large enterprises are evolving almost as quickly as the mission-critical software solutions those companies deploy. In the past, most software licensing metrics were based on the software installation itself. Increasingly, software publishers are offer- ing more licensing options and flexibility to meet their customers' software needs; however, that increased flexibility often results in complex software asset management ("SAM") risks and obligations. Licensing models that once would have required custom agreements with unique protocols, if technologically feasible in the first place, now are offered alongside the "traditional" licenses in increasingly dense menus of choices for IT teams to weigh. Businesses must equip themselves to recognize the unique challenges that accompany various options in order to avoid unnecessary licensing exposure.
The options available depend in large measure on the types of computers on which the software will reside. For workstations, many businesses that once relied on a one-license-per-installation model now are migrating to server-based installations accessed from terminals lacking hard drives (e.g., "thin-client" architectures) and to hosted software delivered through the cloud; each of these models presents unique infrastructure and licensing challenges. Server-based licensing options are complex, with many companies facing the prospect of having to determine license requirements using intricate calculations that depend on the processing capacity of the computer or on some other metric associated with a particular software product. Unsurprisingly, many companies are finding unique solutions to those challengesincluding the formation of "captive IT services providers"-but many of those solutions present their own sets of challenges and risks.
Defining "Biomass": An Examination of State Renewable Energy Standards
Authors: Hartman Brent J.
Published: January 2023

This Article encourages state and federal policymakers to consider the sustainability of biomass when establishing or implementing standards that mandate or incentivize the use of biomass for energy, whether as fuel or electricity. Revealing the important role biomass plays in renewable energy standards, Section II introduces the concepts of biomass, renewable energy objectives, and sustainability. Section III surveys the various definitions of "biomass." The survey exposes widespread use of an inadequate definition of "biomass," primarily due to the policy oversight that renewable does not equal sustainable. Section IV provides a discussion of two solutions to remedy the problem of the deficient definition of "biomass." The first solution discussed is a model approach to be utilized by policymakers. The approach can be utilized when a state renews or revises RPS goals, when a state without a RPS enacts a RPS, or when an agency managing a program encounters an ambiguous, broad definition. The approach includes factors to consider when developing a definition of "biomass." One such consideration is sustainability certification. Environmental and energy objectives can be fused by the adoption of a certification program, such as sustainability certification based on standards and procedures developed by the Roundtable on Sustainable Biofuels ("RSB"). The approach also suggests utilizing Renewable Energy Credit ("REC") multipliers based on those meeting or exceeding sustainability goals. The second proposed solution encourages a national RPS, preferably non-preemptive. A national RPS will help develop nationwide standards while providing latitude for statespecific energy objectives. National policymakers should also consider utilizing the model approach. Alone or combined, these solutions help ensure that progressive energy policy does not negatively impact the environment.
Modifying Oil & Gas Documents for Horizontal Drilling
Authors: Gibson H. Martin
Published: January 2023

The date of the lease determines the end date of the primary term. Generally, operations that have commenced off of a lease tract do not preserve the lease past the primary term, and a horizontal wellbore that is intended to penetrate the lease will not preserve the un-penetrated lease.
Montana Oil and Gas Update
Authors: Brown Stephen R.
Published: January 2023

The Montana Supreme Court did not issue any decisions in 2012 addressing oil and gas leasing or ownership issues. However, in Montana Wildlife Federation v. Montana Board of Oil & Gas Conservation, the Court issued a decision addressing the relationship between the statute governing drilling permit approvals by the Montana Board of Oil and Gas Conservation ("MBOGC") and the Montana Environmental Policy Act ("MEPA").
New York Oil and Gas Update
Authors: Holland Nathaniel I.
Published: January 2023

The author reviews updates and developments to oil and gas law in New York.
Ohio Oil and Gas Update
Authors: McKeen Timothy M.
Published: January 2023

Over the last twelve months, oil and gas law in Ohio has undergone legislative change, formalized regulation, and judicial scrutiny. As Utica Shale development begins its rise, the legislators, administrators, and judges of Ohio have all taken steps to ensure the responsible development of Ohio's natural resources.
South Dakota Oil and Gas Update
Authors: Main Max
Published: January 2023

The author reviews updates and developments to oil and gas law in South Dakota.
Arizona Oil and Gas Update
Authors: Morgan Ryan
Published: January 2023

In Murphy Farrell, the court's holding concerned, inter alia, the effect of an acreage discrepancy in an agreement for the sale of certain surface mineral rights (i.e., the right to mine certain decorative boulders for use in landscaping) and determining the applicability of the doctrine of after-acquired title as well as the enforceability of a right of first refusal to purchase a quarry.
Can Rights Be Different?: Justice Stevens' Dissent in McDonald v. City of Chicago
Authors: Campbell Kristina M.
Published: January 2023

This Article responds to Justice Stevens' assertion in McDonald that rights "need not be identical in shape or scope."
Race and the Death Penalty: The Tension Between Individualized Justice and Racially Neutral Standards
Authors: Patterson Chaka M.
Published: January 2023

This article discusses the tension between individualized justice and equality in death penalty cases, and how the defendant's race influences these decisions. Racially neutral standards ensure some notion of equality and fair treatment, but at the expense of losing individualization. This pressure is similar to the tension manifested in the current firestorm surrounding affirmative action.
Part I of this article analyzes the various opinions in Furman v. Georgia. Part II investigates the various types of discretion and their meaning. Part III discusses Gregg v. Georgia and the standards set forth in its companion cases. Part IV examines the evisceration of these standards. Part V scrutinizes the McCleskey v. Kemp decision.
An Historical Overview of Judicial Selection in Texas
Authors: Cooper Lance A.
Published: January 2023

Americans have struggled since colonial times with the notion that judges should be independent, yet accountable to the people. The tension inherent between these two concepts has manifested itself throughout this nation's history in the conflict over whether judges should be elected by the people or appointed by representatives. Presently, the citizens of Texas choose state judges through direct election. However, at different times during the nineteenth century, judges were elected or appointed by various branches of state government, depending on which constitution the state was operating under at the time.
Since gaining independence from Mexico, the citizens of Texas have ratified six constitutions. Four provided for judges by appointment, while two provided for judges by election. Not surprisingly, questions arise as to why the method of judicial selection changed during the nineteenth century, and what efforts have been made to change the system in the twentieth century. This article offers an historical overview of the judicial selection process in Texas during these periods.