Texas Tech Administrative Law Journal
Permanent URI for this collectionhttps://hdl.handle.net/2346/72461
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Item An Ace in the Hole & A Jack of All Trades: Recent Developments Affecting Sovereign Immunity & Pleas to the Jurisdiction(Texas Tech Journal of Texas Administrative Law, 2005) Boyd, Jeffrey S.The article summarizes recent developments in Texas law that affect the substantive doctrine of sovereign immunity and the procedural practice surrounding pleas to the jurisdiction and how both have strengthened the government’s position in litigation. It summarizes recent decisions, particularly those of the Texas Supreme Court, and pending issues that alter the way that government lawyers must approach these issues in their practice. These recent decisions almost unanimously find no waiver of sovereign immunity, and thus confirm that except in very limited circumstances, sovereign immunity remains an “ace in the hole” for governmental units. At the end of the article there are two charts for: “Does ‘Sue and be Sued’ or ‘Plead and Be Impleaded’ Waive Sovereign Immunity?, and What Type of Plea to the Jurisdiction Should I file?.Item Agencies, Follow Your Statutes: The Substantial Evidence Rule in Judicial Review of Administrative Agency Decisions(Texas Tech Journal of Texas Administrative Law, 2003) Bryant, Douglas; Gadberry, Gavin J.; Pierce, Chad; Elza, Slater C.This article will examine the history of the substantial evidence rule in Texas jurisprudence. Part II of this paper will examine some of the early cases involving the substantial evidence rule. Part III of the paper will examine more recent cases regarding the substantial evidence rule. Finally, Part IV of the paper will examine the recent Park Haven case, including the administrative agency record, and discuss the state agency's failure to demonstrate substantial evidence. In sum, this article instructs challengers of agency decisions about how to prepare for a substantial evidence review.Item “An Aliquot Portion of Their Dues:” A Survey of Unified Bar Compliance with Hudson and Keller(Texas Tech Journal of Texas Administrative Law, 2000) Brock, Ralph H.This article provides a survey of unified bar associations nationwide and the compliance requirements following two United States Supreme Court Cases: Keller v. State Bar of California and Chicago Teachers Union v. Hudson. In sum, Keller requires unified bar associations to establish a procedure to ensure that membership dues were not used for political or ideological activities where the paying member of said dues objects to that use. Similarly, in Hudson, the Court recognized that unified bar members have a right to an adequate explanation of the basis for the amount of their mandatory dues. The author reviewed these two Supreme Court cases and then considered both successful and unsuccessful procedures take by unified bar associations that have evolved in order to comply with the requirements of Hudson and Keller. Ultimately, the author suggests steps current non-complying unified bar associations might take to satisfy their obligation to dissenting members under Hudson and Keller.Item All Powers Necessary and Convenient: The Scope of Implied Powers for Texas’s Administrative Agencies(Texas Tech Journal of Texas Administrative Law, 2000) Block, Nathan; Houston, Robin SmithThis article examines the scope of the implied powers endowed upon Texas’s administrative agencies. While Texas law draws some bright lines for use by agencies and courts in interpreting the scope of implied power, this article highlights the difficulties that arise as courts attempt to identify when a particular power will be implied from a statutory delegation of authority and when it will not. Ultimately, the authors attempt to carve out objective, dispositive conclusions about the scope of implied powers. It is apparent, however, virtually every situation involving implied powers differs from the next, and the eventual scope of any agency’s recognized implied powers depends on a number of factors.Item Analysis of a Federal Policy Objective: The Absence of State Regulatory Authority over Privatized Military Base Utility Systems(Texas Tech Journal of Texas Administrative Law, 2002) Moore, William A.; Kennerly, Angela AgeeUnder the Defense Reform Initiative, Congress requires the privatization of utility systems on military reservations using competitive bidding procedures. Addresses how states may or may not be able to regulate bidders that provide privatized utilities for the military in federal enclaves. Further, analyzes the governing federal statutes against the Federal Enclave Clause, Property Clause, and Supremacy Clause of the United States Constitution.Item APA Legislative Update by Affected Sections(Texas Tech Journal of Texas Administrative Law, 2000) Bright, Jill K.This article provides a section-by-section description of changes to the Texas Administrative Procedure Act made in 1999. The article gives a brief analysis of the change for each section.Item Are We Our Brother's Keepers? A Discussion of Nonlawyer Representation Before Texas Administrative Agencies and Recommendations for the Future(Texas Tech Journal of Texas Administrative Law, 2007) Clayton, Barbara AllisonThis comment discusses the proper role of a nonlawyer (including: paralegals, disbarred attorneys, and attorneys from outside jurisdictions) in administrative proceedings and whether Texas agencies should not only acknowledge the nonlawyer’s role, but also pass laws that both include and regulate lawyers. It begins with a brief history of the exclusion of the nonlawyers from administrative agency hearings, including Texas’s history of nonlawyer exclusion. It suggests a framework and analysis for Texas agencies to apply in determining whether to allow nonlawyer representatives. Further, it proposes what type of regulation a nonlawyer should be subject to by looking at different ethics regulations, including the Texas Disciplinary Rules of Professional Conduct. Finally, it argues why nonlawyers must be subject to more regulation by administrative agencies.Item Averting Disaster: A Critical Analysis of Agrisecurity in the Texas Agricultural Industry(Texas Tech Journal of Texas Administrative Law, 2004) Denning, TylerThis comment focuses on how Texas would respond to the release of a foreign animal disease (FAD) into its livestock population. It explains that livestock is constantly at risk of exposure to various forms of contagious animal disease because of the required transportation during livestock production, the use of feedlots, and Texas’s proximity to Mexico. It assesses the current state of the Texas Animal Health Commission’s (TAHC) preparedness in the event of an animal health crisis, and suggest changes or additions to the agency’s current rules. It provides a detailed analysis and summary of the TAHC’s statutory authority, administrative rules, policies, and practices that would be put in effect to avert disaster.Item Both Eyes Open or One Eye Closed: Does the Reasonable and Prudent Operator Standard Handicap Mineral Lessees in the Prevention of Drainage?(Texas Tech Journal of Texas Administrative Law, 2006) Hall, JaredThis comment briefly discusses the origins of implied covenants, correlative rights, and Rule 37. It examines the duty of a lessee under the regime of each in the context of loss of the minerals owners’ estate to adjacent lands. Specifically, it focuses on the elements of breach of the implied covenant to prevent drainage and the nature and sufficiency of the evidence needed to prove such. It explores possible courses of action for a lessee facing drainage and the potential rationales behind each. Lastly, it addresses the implied covenant to seek favorable administration action beyond Amoco.Item Case Law Update(Texas Tech Journal of Texas Administrative Law, 2007) Benjet, Bryce; Pearsall, Patrick; Leigh, Vandiver; Zachary, Hall; David, DuBose; Claire, Dinsmoor; Alessandra, BeaversUpdate includes many of the administrative law cases decided between August 2006 and July 2007. This is not an exhaustive review of all administrative law cases, and these synopses do not exhaustively cover all issues raised by cases. Chosen cases are representative of issues being raised in Texas courts and highlight the most salient points of the cited cases. The cases are divided by the following categories: agency authority, jurisdiction and venue, standing, exhaustion remedies, immunity, evidentiary sufficiency, insurance, tax, worker’s compensation, public utility commission, water, and miscellaneous.Item Case Law Update(Texas Tech Journal of Texas Administrative Law, 2004) McCormick, Marnie A.This update surveys recently published state-court appellate decisions addressing Texas administrative law issues that may be of particular interest to administrative law practitioners. Each is summarized, highlighting the pertinent facts, issues, and holding considered of interest to administrative law practitioners. The categories surveyed are: Judicial Review, Contested Cases/Administrative Appeals/Exhaustion of Remedies, Sovereign Immunity, Open Meetings and Public Information, and Rulemaking.Item Case Law Update(Texas Tech Journal of Texas Administrative Law, 2005)This article is a case update that seeks to provide readers with a brief overview of relevant case law decided during the past year. This case law update covers the following topics: public information, open meetings, exhaustion of remedies, judicial review, due process, rulemaking, administrative appeals, sovereign immunity, and ethics.Item Case Law Update(Texas Tech Journal of Texas Administrative Law, 2007) Benjet, Bryce; Taylor, Amanda; Pearsall, Patrick; DuBose, David; Beavers, AlessandraThis update includes selected administrative law cases from August 2005 through September 2006. This is not an exhaustive review of all administrative cases, nor do these synopses exhaustively cover all issues raised by the cases. These cases are representative of issues being raised in Texas courts and highlight the most salient points of the cited cases. The categories of the administrative law cases covered in this case update are: agency authority, jurisdiction and venue, standing, exhaustion of remedies, immunity, evidentiary sufficiency, insurance, tax, worker’s compensation, Workforce Commission, Public Utility Commission, and water law.Item Case Law Update(Texas Tech Journal of Texas Administrative Law, 2006) Beavers, Alessandra; Benjet, Bryce; Dahmus, Teresa; DuBose, David; Ratliff, LaurieThis update includes selected cases involving administrative law or otherwise involving state agencies and entities from May 2004 through December 2005. This is not an exhaustive review of all such cases, nor do these synopses necessarily exhaustively cover all issues raised by these cases. Included decisions are broken down into the following categories: agency authority, jurisdiction and venue, exhaustion of administrative remedies, immunity, due process, legal sufficiency, insurance, tax, worker’s compensation, Public Utility Commission, and miscellaneous.Item Case Law Update(Texas Tech Journal of Texas Administrative Law, 2002) Keeney, Mary A.Surveys published state-court decisions in the following categories from 2001-2002: Rule Challenges/Challenges to Statutory Authority, Administrative Appeals, Exhaustion of Remedies/Primary Jurisdiction, Standing, Public Information Act, Open Meetings, Sovereign Immunity, and Miscellaneous. Each section is broken down into different appellate levels and courts. After each case there are Key Points, which contain the practical insights most likely to be of interest to practitioners.Item Case Law Update(Texas Tech Administrative Law Journal, 2007) Benjet, Bryce; Pearsall, Patrick; Vandiver, Leigh; Kraatz, Megan; Hall, Zachary; DuBose, David; Dinsmoor, Claire; Beavers, AlessandraIncludes many of the administrative law cases decided between August 2006 and July 2007. This is not an exhaustive review of all administrative law cases, and these synopses do not exhaustively cover all issues being raised by cases. Chosen cases are representative of issues being raised in Texas courts and highlight the most salient points of the cited cases. The cases are divided by the following categories: agency authority, jurisdiction and venue, standing, exhaustion remedies, immunity, evidentiary sufficiency, insurance, tax, worker’s compensation, public utility commission, water and miscellaneous.Item Case Law Update(Texas Tech Journal of Texas Administrative Law, 2003) Durso, Susan K.; Walden, Don E.This is a survey of recent state appellate court decisions and attorney general opinions addressing issues of Texas administrative law as well as other issues that may be of interest to administrative law practitioners. The cases and opinions are divided up into four categories: public information and open meetings, immunity, rulemaking, and other decisions of interest. Each case includes a brief procedural history and a key point of administrative law.Item Case Law Update: September 1, 1999—August 31, 2000(Texas Tech Journal of Texas Administrative Law, 2001) Amos, Jessie A.; Texas Tech Journal of Administrative Law Editorial StaffSurveys recent state-court appellate decisions addressing issues of Texas administrative law. It includes summaries of opinions issued from September 1, 1999 through August 31, 2000. The article catalogues decisions with respect to their importance or contribution to the development of administrative law. The cases are grouped roughly by administrative law subject. These groupings are: (1) Jurisdictional and Other Prerequisites to Judicial Review, (2) Standard and Scope of Review, (3) Agency's Express and Implied Powers, (4) Due Process Considerations, (5) Open Meetings and Open Records, and (6) Other Recent Decisions.Item Caution! T.Boone Pickens Plans to Permanently Alter Texas's Landscape above and below Ground, from the Panhandle to Metropolis(Texas Tech Journal of Texas Administrative Law, 2008) Arrott, Nicholas E.Addresses how T. Boone Pickens plans to use a fresh water supply district to supply water from the Texas Panhandle’s portion of the Ogallala Aquifer to a major metropolitan area in need, and provide alternative wind energy to that area. This comment explains the administrative regulations that a fresh water supply district must comply with and clarifies the other administrative agencies that a fresh water supply district must answer to in order to gain the ability to transfer groundwater from the Texas Panhandle to a metropolitan area. It explores the breadth and limitations on a fresh water supply district’s power of eminent domain as it will attempt to condemn property from landowners in Texas to lay a water pipeline from the Texas Panhandle to a metropolitan area. Finally, it explains how Pickens will be able to use his fresh water supply district to not only supply fresh water, but also to supply wind energy from the Texas Panhandle to a major metropolitan area.Item Click on the Dotted Line: Electronic Signature Laws Provide Texas Agencies Secure and Legally Binding Online Transactions(Texas Tech Journal of Texas Administrative Law, 2004) Schwaer, TravisThis comment summarizes the current status of electronic signature laws in Texas. First, it provides a preliminary general discussion of current electronic signature technologies. Then, it focuses on the current states and federal electronic signature statutes and rules and the corresponding implications for Texas state agencies that desire to utilize electronic signatures. It strives to provide general guidance for agencies by analyzing current laws in relation to available technological solutions. Finally, it suggests that that technological solutions should be evaluated by their respective levels of security and cost, and utilized based on the risk inherent to the transaction involved.