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Symposium on “Texas Gun Law and The Future”: The Fatal Flaws in Texas’s Campus Carry Law

It is the first day of law school at Thurgood Marshall School of Law after the State of Texas has mandated that anyone with a concealed handgun license recognized by the State may carry a firearm inside public higher educational buildings, including classrooms.  In addition to the normal stresses that faculty and students experience at the beginning of the academic year, everyone is looking around and pondering how many of their peers are secretly carrying […]

2014-2015 Oil & Gas Case Law Update

This paper covers selected oil and gas related case law from across America, released between September 1, 2014, and November 1, 2015.  These briefs are not exhaustive as to all issues; generally, only relevant points of oil and gas common law are discussed.    Cases in the “Oil & Gas Case Law from Outside Texas” portion appear in alphabetical order as to the state of origin.

Applying Anti-Slapp Laws in Diversity Cases: How To Protect The Substantive Public Interest in State Procedural Rules

Many states have enacted statutes designed to prevent the use of lawsuits as instruments for discouraging free speech about contentious public issues. Those statutes “try to decrease the `chilling effect’ of certain kinds of libel litigation and other speech-restrictive litigation.”  Such speech-restrictive litigation has been identified by the acronym “SLAPP,” which stands for “Strategic Lawsuits Against Public Participation.”  The state statues designed to discourage such suits are commonly known as anti-SLAPP laws.

Dismantling The Sexual Abuse-To-Prison Pipeline: Texas’s Approach

The United States now has more than $19 trillion debt.  With over 2.2 million people incarcerated, the United States has the highest prison population in the World.  With over 1.6 million people incarcerated, China has the second highest prison population in the World.  As the country with the highest prison population, the United States spends billions of dollars each year on prison cost, which continues to contribute to the United States debt.  As a result […]

Representation and Deliberation: Does Every Vote Have The Same Influence in The Voting Process Of Associations?

Voting rights and deliberation in civil associations is one of the most debated themes in Private Law. This essay outlines the possibility of giving different weight to the right to vote in civil associations, in civil law and common systems. The objective is to justify in an empirical way the different criteria in which associates could have particular types of voting rights, via a political overview. Dealing with the democratic theory of representation, one of […]

Moving Beyond the Quick Fix: Medical Malpractice Non-Economic Damage Caps a Poor Solution to the Growing Healthcare Crisis

There is no doubt that the United States is facing a healthcare crisis.  The United States has the most expensive healthcare system in the world, spending billions more than any industrialized nation. Despite the astronomical cost of our healthcare system, Americans continue to go without access to affordable and quality healthcare and affordable prescription medication. For example, nearly forty-two million Americans were uninsured in 2013. One in four working-age Americans did not have insurance at some point in 2013.  Over […]

Law Enforcement and White Power: An FBI Report Unraveled

Because of intensifying civil strife over the recent killings of unarmed Black men, women, and boys, many Americans are wondering, “What’s wrong with our police?” Remarkably, one of the most compelling but unexplored explanations may rest with an FBI warning of October, 2006, which reported that “[W]hite supremacist infiltration of law enforcement” represented a significant national threat.   Photo credit:www.ohioattorneygeneral.gov

Is There Such a Thing as Intervention as a Party In The ICJ Procedure?

Referring to the question as to whether there is such a thing as intervention as a party, this paper will: 1) analyze the status of the intervening state and its procedural rights under the International Court of Justice (hereinafter the “ICJ”) Statute and the Rules of Court; 2) consider the position of the ICJ with regard to the status of the intervening state elaborated in the case law; 3) discuss the conditions for intervention; and […]

Bitcoin: The Trade of Digital Signatures

Bitcoin is an online, digital ledger that securely records the transfer of digital signatures, or “Coins”, from one person to another.  Since the creation of the Bitcoin system in 2009, Coins have been traded online for money, and are increasingly becoming accepted as a means of payment for economic activity.  This new technology has created many legal issues that have not been fully addressed by our courts, regulatory bodies, or state legislatures. Photo credit: bitcoinist.net