Should Texas join other states' rejection of Illinois v. Gates in the post-Heitman era?
Article Abstract:
Texas courts should reject the Supreme Court's decision in Illinois v. Gates as incompatible with the Supreme Court's previous ruling in Aguilar v. Texas. The case involves the judicial review of search warrant affidavits, which are sought after tips from anonymous informants. The Gates decision would require that the reviewer grant such warrants only after a consideration of all possible circumstances. Calculating all such circumstances is not possible, and to put legal emphasis on doing so it would render such warrants impossible to grant. The Aguilar decision already requires strict adherence to the law.
Publication Name: South Texas Law Review
Subject: Law
ISSN: 1052-343X
Year: 1993
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Horizontal perspective: Texas oil & gas law in light of horizontal drilling technology
Article Abstract:
The relative affordability of horizontal oil drilling technology is resulting in a proliferation of such practices in the state of Texas. This technology is being used primarily by independent producers who are continuing domestic drilling while the major companies search offshore and overseas. However, such technology confuses existing drilling laws, particularly when two producers on adjacent surface plots are boring horizontally. Drilling law must account for the length of a horizontal borehole just as it accounted for the depth of a vertical well. Subsurface leases must now be considered in addition.
Publication Name: South Texas Law Review
Subject: Law
ISSN: 1052-343X
Year: 1993
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Accountability, liberty, and the Constitution
Article Abstract:
Political accountability in American life did not arise from and does not underlie majoritarian principles as is often espoused in constitutional theory. Rather it operates to check representative government. Judicial review and the judiciary's protection of individual rights from this perspective is a legitimate, intrinsic, and necessary part of our constitutional structure requiring no special apologies or explanations.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1998
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- Abstracts: Compelling state compliance with Chapter 11 tax exemptions in the post-Seminole era. Proving fraud in credit card dischargeability actions: a permanent state of flux?
- Abstracts: Tribes v. states: zoning Indian reservations. Oil and water in the Indian country. The Blaze construction case: an analysis of the Blaze Construction tax cases and the implications on avoidance of taxation in Indian Country
- Abstracts: Has affirmative action repaid society's debt to African Americans? Advertising's impact on morality in society: influencing habits and desires of consumers
- Abstracts: Planning for disaster; computer systems can be kept functioning in the wake of a calamity. Computer modeling is applied; assessing harm
- Abstracts: Judicial devitalization of the WARN Act? Small break in the clouds: status of the WARN Act's sales exclusion