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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.

Author: Hampton, Keith S.
Publisher: South Texas Law Review Inc.
Publication Name: South Texas Law Review
Subject: Law
ISSN: 1052-343X
Year: 1993
Warrants (Law)

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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.

Author: Schweikhardt, Christy M.
Publisher: South Texas Law Review Inc.
Publication Name: South Texas Law Review
Subject: Law
ISSN: 1052-343X
Year: 1993
Interpretation and construction, Petroleum industry, Oil well drilling, Petroleum law

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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.

Author: Brown, Rebecca L.
Publisher: Columbia Law Review
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1998
United States, Beliefs, opinions and attitudes, Constitutional law, Judicial power

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Subjects list: Analysis, Laws, regulations and rules, Judicial review
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