February, 2016

Turning the Water to Blood: How Burwell v. Hobby Lobby Drove Religious Freedom and Restoration Act out of Touch with Society

Since the case of Burwell v. Hobby Lobby Stores, Inc. modified the Patient Protection and Affordable Care Act, the heat has been cranked up on religious extremists to exert one’s own belief onto that of another. In allowing closely-held businesses to opt out of Obamacare’s mandate to provide contraceptive coverage to employees, what we see is not only a rebirth of the Religious Freedom and Restoration Act (“RFRA”), but a fallout as a direct consequence. […]

You Can’t Squeeze Water From a Stone, But Soon, We May Have to Try: A Scratch at the Surface of Texas Groundwater Law and How Antiquated Common Law Could Leave us all High and Dry

The story of Texas water law is also the story of its droughts. Texas’s application of the rule of capture and landowners’ absolute ownership of groundwater is outdated and unsustainable. As Texas’s population expands, so will its thirst, and groundwater is not an inexhaustible natural resource. If drought conditions and population increases continue—as they are predicted to do —the non-sustainable means in which groundwater is regulated will have dire consequences in the years to come. […]