Taking Groundwater

Dave Owen
In February 2012, in a case called Edwards Aquifer Authority v. Day, the Texas Supreme Court held that landowners hold property rights to the groundwater beneath their land and that a regulatory restriction on groundwater use could constitute a taking of private property. The decision provoked strong reactions, both positive and negative, throughout the world of water law, for it signaled the possibility of severe restrictions on groundwater use regulation.…

Intruders in the Boardroom: The Case of Constituency Directors

Simone M. Sepe
Under current fiduciary rules, directors who fail to maintain an undivided loyalty to common shareholders are essentially “intruders,” exposed to shareholder retribution and liability for breach of fiduciary duty. This Article argues that the increasing appointment of “constituency directors” has made the fiduciary principle of undivided loyalty to the common shareholders both outdated and normatively undesirable. A “constituency director” is a director designated to the board by a particular constituency…

The Federal Media Shield Folly

Brad A. Greenberg