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Articles 1 - 6 of 6

Full-Text Articles in Law

Prior Appropriation Doctrine Materials (Vol. 2), Owen Anderson Dec 2008

Prior Appropriation Doctrine Materials (Vol. 2), Owen Anderson

Owen L. Anderson

No abstract provided.


Introduction: North Dakota's Energy Landscape, Owen Anderson Dec 2008

Introduction: North Dakota's Energy Landscape, Owen Anderson

Owen L. Anderson

No abstract provided.


Subsurface Trespass After Coastal V. Garza, Owen Anderson Dec 2008

Subsurface Trespass After Coastal V. Garza, Owen Anderson

Owen L. Anderson

No abstract provided.


International Petroleum Exploration And Exploitation Agreements (Author Of Two Chapters And Editor Of Several), Owen Anderson Dec 2008

International Petroleum Exploration And Exploitation Agreements (Author Of Two Chapters And Editor Of Several), Owen Anderson

Owen L. Anderson

No abstract provided.


Geologic Co2 Sequestration: Who Owns The Pore Space?, Owen L. Anderson Dec 2008

Geologic Co2 Sequestration: Who Owns The Pore Space?, Owen L. Anderson

Owen L. Anderson

No abstract provided.


Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan Dec 2008

Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan

Donald J. Kochan

From produce to wine, we only consume things when they are ready. The courts are no different. That concept of “readiness” is how courts address cases and controversies as well. Justiciability doctrines, particularly ripeness, have a particularly important role in takings challenges to permitting decisions. The courts largely hold that a single permit denial does not give them enough information to evaluate whether the denial is in violation of law. As a result of this jurisprudential reality, regulators with discretion have an incentive to use their power to extract rents from those that need their permission. Non-justiciability of permit denials …