As a practicing trial and appellate lawyer in Texas for 32 years, my principal practice and research subjects usually deal with emerging issues in mass torts and environmental law. Concerns such as the Alien Tort Statute, global climate change and public nuisance litigation currently occupy my interests. Increasingly, these issues are involved in international disputes, so my work often addresses the permissible scope of those issues in the international arena. Procedures such as class actions and other aggregate case management methods are inevitably involved with those subjects.
Class Actions
Premature Burial? The Resuscitation of Public Nuisance Litigation (with John Gray), Toxics Law Reporter (2009)
On Sept. 22, the U.S. Court of Appeals for the Second Circuit, in Connecticut v....
The Expanding Use of the Alien Tort Statute in International Human Rights Enforcement, Class Action Litigation Report (2009)
This article examines the historical foundations of the ATS, the complexities of its recent interpretations....
Reunion in Salem: Updating the MTBE Controversy, Environmental Law Reporter (2006)
Concerned about groundwater contamination and the potential health effects of methyl tertiary butyl ether (MTBE),...
Armageddon Through Aggregation: The Use and Abuse of Class Actions in International Dispute Resolution, Michigan State University -- Detroit College of Law Journal of International Law (2001)
A troubling and dangerous phenomenon has emerged onto the international litigation landscape. The system of...
The International Class Action: Comments on the Geneva Group Action Debates, Class Action Litgation Report (2000)
Climate Change
Uncommon Law: Ruminations on Public Nuisance, Toxics Law Reporter (2010)
Faced with allegations of planetary liability, wise jurists may decide that courts lack the resources...
Hannibal Eclipsed? Envelopment by Public Nuisance, Westlaw Environmental Journal (2010)
Only recently, the ancient tort of public nuisance was “down” and in the process of...
The Theater of Climate Change, Westlaw Environmental Journal (2010)
In a season of failure the United Nations’ climate change initiatives have suffered yet another...
The Winter of Our Discontent: The Impact of Copenhagen's Failure, Westlaw Environmental Journal (2010)
Far from treating climate change as a “universal” problem that transcends national boundaries, the Copenhagen...
Bringing Diplomacy to a Boil: Options for Agreements in Copenhagen, Andrews Litigation Reporter (2009)
As of Tuesday night, United Nations negotiators still disagreed on the financial aid that the...
Energy and Utilities Law
Lifting the Veil: Pressures Mount for Climate Change Disclosures, The Electricity Journal (2009)
Measures from Sarbanes-Oxley to climate change legislation will pervasively transform the manner in which American...
Environmental Law
Crude Defenses? Liability Limits for Offshore Drilling Accidents and Oil Spills, Toxics Law Reporter (2010)
All those who participate in realizing the benefits of exploration – including those who use...
Stretching the Boom? Limiting Liability for Offshore Drilling Disasters, Westlaw Environmental Journal (2010)
Offshore drilling is a tremendously complicated and potentially lucrative process. Unfortunately, it is also dangerous....
Uncommon Law: Ruminations on Public Nuisance, Toxics Law Reporter (2010)
Faced with allegations of planetary liability, wise jurists may decide that courts lack the resources...
Hannibal Eclipsed? Envelopment by Public Nuisance, Westlaw Environmental Journal (2010)
Only recently, the ancient tort of public nuisance was “down” and in the process of...
The Theater of Climate Change, Westlaw Environmental Journal (2010)
In a season of failure the United Nations’ climate change initiatives have suffered yet another...
International Law
The Theater of Climate Change, Westlaw Environmental Journal (2010)
In a season of failure the United Nations’ climate change initiatives have suffered yet another...
The Expanding Use of the Alien Tort Statute in International Human Rights Enforcement, Class Action Litigation Report (2009)
This article examines the historical foundations of the ATS, the complexities of its recent interpretations....
Armageddon Through Aggregation: The Use and Abuse of Class Actions in International Dispute Resolution, Michigan State University -- Detroit College of Law Journal of International Law (2001)
A troubling and dangerous phenomenon has emerged onto the international litigation landscape. The system of...
Jurisdiction
Defending Climate Change Litigation: Threshold Issues (with John S. Gray), Andrews Environmental Litigation Reporter (2008)
Climate change litigation faces significant obstacles. Traditionally, courts focus on individuals injured by acts, omissions...
Are Unilateral Climate Change Policies Creating the "Perfect Storm?" (with John S. Gray), World Energy (2008)
As the maelstrom approaches, and as the complications proliferate, the comforting idea of a “green”...
Armageddon Through Aggregation: The Use and Abuse of Class Actions in International Dispute Resolution, Michigan State University -- Detroit College of Law Journal of International Law (2001)
A troubling and dangerous phenomenon has emerged onto the international litigation landscape. The system of...
Law and Society
Armageddon Through Aggregation: The Use and Abuse of Class Actions in International Dispute Resolution, Michigan State University -- Detroit College of Law Journal of International Law (2001)
A troubling and dangerous phenomenon has emerged onto the international litigation landscape. The system of...
Products Liability
"Negligence in the Air?" Should "Alternative Liability" Theories Apply in Lead Paint Litigation? (with John S. Gray), Pace Environmental Law Review (2008)
This article examines various theories of alternative liability and the circumstances, policies and limitations under...
The Mouse Roars! Rhode Island High Court Rejects Expansion of Public Nuisance (with John S. Gray and Thomas R. Bender), Washington Legal Foundation (2008)
On July 1, 2008, the Supreme Court of Rhode Island, the smallest state in the...
Alchemy in the Courtroom? The Transmutation of Public Nuisance Litigation (with John S. Gray), Michigan State Law Review (2007)
This Article continues our study of the public nuisance controversy regarding lead paint. Although lead...
Getting the Lead Out: The Misuse of Public Nuisance Litigation by Public Authorities and Private Counsel (with John S. Gray), Toxics Law Reporter (2006)
Despite the wide array of substances and products potentially subject to this expanded cause of...
Reunion in Salem: Updating the MTBE Controversy, Environmental Law Reporter (2006)
Concerned about groundwater contamination and the potential health effects of methyl tertiary butyl ether (MTBE),...
Public Nuisance
Uncommon Law: Ruminations on Public Nuisance, Toxics Law Reporter (2010)
Faced with allegations of planetary liability, wise jurists may decide that courts lack the resources...
Hannibal Eclipsed? Envelopment by Public Nuisance, Westlaw Environmental Journal (2010)
Only recently, the ancient tort of public nuisance was “down” and in the process of...
Premature Burial? The Resuscitation of Public Nuisance Litigation (with John Gray), Toxics Law Reporter (2009)
On Sept. 22, the U.S. Court of Appeals for the Second Circuit, in Connecticut v....
"Negligence in the Air?" Should "Alternative Liability" Theories Apply in Lead Paint Litigation? (with John S. Gray), Pace Environmental Law Review (2008)
This article examines various theories of alternative liability and the circumstances, policies and limitations under...
Defending Climate Change Litigation: Threshold Issues (with John S. Gray), Andrews Environmental Litigation Reporter (2008)
Climate change litigation faces significant obstacles. Traditionally, courts focus on individuals injured by acts, omissions...
Securities Law
Lifting the Veil: Pressures Mount for Climate Change Disclosures, The Electricity Journal (2009)
Measures from Sarbanes-Oxley to climate change legislation will pervasively transform the manner in which American...
Torts
The Expanding Use of the Alien Tort Statute in International Human Rights Enforcement, Class Action Litigation Report (2009)
This article examines the historical foundations of the ATS, the complexities of its recent interpretations....
"Negligence in the Air?" Should "Alternative Liability" Theories Apply in Lead Paint Litigation? (with John S. Gray), Pace Environmental Law Review (2008)
This article examines various theories of alternative liability and the circumstances, policies and limitations under...
A Sub-Prime Tort? Public Nuisance - An Unfit Tool for Lending Regulation (with John S. Gray and Diana P. Larson), Washington Legal Foundation - Working Paper No. 157 (2008)
For the last decade, lawyers representing governmental entities such as cities, counties and states have...
The Mouse Roars! Rhode Island High Court Rejects Expansion of Public Nuisance (with John S. Gray and Thomas R. Bender), Washington Legal Foundation (2008)
On July 1, 2008, the Supreme Court of Rhode Island, the smallest state in the...
Stormy Weather Ahead? The Legal Environment of Global Climate Change, ExpressO (2007)
Whether one believes, as a matter of science, the problem of climate change is real...