Law Commons^™

Geothermal Resources Under The Mining Law Regime--Problems & Possibilities, Richard A. Grisel

Richard A Grisel

The development of geothermal resources has been greatly hampered by the legal and institutional framework governing geothermal energy resources. This framework has been plagued by conflicting mining and water laws, anachronistic common law systems of property rights, problematic legal classifications of geothermal resources, and jurisdictional variances from state to state and between states and the Federal government. These issues have combined to significantly hinder the development of what will be a vital resource for our nation’s future energy needs.

This thesis concerns one way to address the suboptimal development of geothermal energy resources. Using the Federal acquisition of exclusive airspace …

Strategic Default: The Popularization Of A Debate Among Contract Scholars, Meredith R. Miller

Meredith R. Miller

A June 2010 report estimates that roughly 20% of mortgage defaults in the first half of 2009 were “strategic.” “Strategic default” describes the situation where a home borrower has the financial ability to continue to pay her mortgage but chooses not to pay and walks away. The ubiquity of strategic default has lead to innumerable newspaper articles, blog posts, website comments and editorial musings on the morality of homeowners who can afford to pay but choose, instead, to walk away. This Article centers on the current public discourse concerning strategic default, which mirrors a continuing debate among scholars regarding whether …

Recent Developments In U.S. Eminent Domain Law, Joyce Palomar

Joyce Palomar

No abstract provided.

Marriage As Partnership, Sanford N. Katz

Sanford N. Katz

In this essay honoring Professor Mary Ann Glendon, the author discusses the contract of partnerships concept of marriage as it applies to antenuptial agreements, cohabitation contracts, and property settlement agreements, the three contexts about which Professor Glendon has written in her books The New Family and the New Property (1981) and The Transformation of Family Law (1996).

Owning Digital Copies: Copyright Law And The Incidents Of Copy Ownership, Joseph P. Liu

Joseph P. Liu

As copyrighted works are increasingly distributed in digital form over the Internet, our conventional print-based understandings of the rights associated with copy ownership are coming into increasing conflict with the copyright owner's right to restrict copying. Specifically, certain common activities, such as reading and transferring physical copies of copyrighted works (such as books), are increasingly being viewed as potential acts of copyright infringement when applied to digital copies. This Article explores this conflict by taking a close look at the concept of copy ownership. It argues that conventional notions of physical property ownership play an important, unrecognized role in copyright …

Sports Merchandizing, Publicity Rights, And The Missing Role Of The Sports Fan, Joseph P. Liu

Joseph P. Liu

Sports fans play a tremendously important role in the success and popularity of sports teams and the enterprise of sports in general. It is somewhat curious, then, that fan interests are almost entirely missing from discussions about certain important legal issues that have a direct impact on them. Specifically, fan interests play a surprisingly limited role in discussions about sports team merchandising and player rights of publicity. This Article argues that modern sports licensing practices are coming into increasing conflict with the interests of sports fans, and that the law should take greater account of such interests. This Article starts …

Copyright Law's Theory Of The Consumer, Joseph P. Liu

Joseph P. Liu

Copyright law has a rather well-developed theory of the author, but it has no similarly well-developed conception of the consumer. This exploratory Article is an attempt to begin piecing together a coherent image of the copyright consumer. The author argues that copyright law currently conceives of consumers in one of two ways, either as passive consumers of copyrighted works or as active authors in their own right. This binary conception of the consumer, however, is incomplete, as it neglects important and complex consumer interests in autonomy, communication, and creative self-expression. By examining these additional interests, it is possible to begin …

Negotiability, Property, And Identity, James S. Rogers

James S. Rogers

In this Article, Professor Rogers challenges the assumption that securities transfer law has always been based on negotiable certificates and suggests that the reign of negotiability is a relatively recent, and brief, phase in the long history of investment securities trading. Professor Rogers posits that the difficulties currently facing the law of securities transfers are in large part due to the transition from paper to electronic representations of investments. To place these challenges into perspective, Professor Rogers first surveys the history of securities trading and then examines the theoretical underpinnings of the law of securities transfers.

Clear The Air: Lopsided Journalism In Public Policy Debates, Zygmunt J.B. Plater

Zygmunt J.B. Plater

A point-counterpoint to Professor Plater's article, "Law and the Fourth Estate: Endangered Nature, the Press, and the Dicey Game of Democratic Governance, Environmental Law, 32 (2002): 1-36.

Environmental Law As A Mirror Of The Future: Civic Values Confronting Market Force Dynamics In A Time Of Counter-Revolution, Zygmunt J.B Plater

Zygmunt J.B. Plater

No abstract provided.

From The Beginning, A Fundamental Shift Of Paradigms: A Theory And Short History Of Environmental Law, Zygmunt J.B. Plater

Zygmunt J.B. Plater

No abstract provided.

Through The Looking Glass Of Eminent Domain: Exploring The “Arbitrary And Capricious” Test And Substantive Rationality Review Of Governmental Decisions, Zygmunt J.B. Plater, William Lund Norine

Zygmunt J.B. Plater

No abstract provided.

Podcast: Talk America Inc. V. Michigan Bell Telephone Company, Daniel Lyons

Daniel Lyons

No abstract provided.

Fraud Is Fun Or How A Foreclosure Rescue Scam Changed My Life, Peter A. Holland

Peter A. Holland

No abstract provided.

Sharpening The Blue Pencil In Australian Consumer Law: The Striking Out Of Unfair Contract Terms In Land Transactions, Annette Greenhow

Annette Greenhow

In Australia, like many other jurisdictions, principles of fairness and transparency underpin modern consumer protection laws applying to traditional consumer transactions. These laws had, until recently, focused on those transactions involving the supply of goods or services for personal, domestic or household use, and in the case of the supply of goods, to personal property transactions. An overriding objective of consumer protection law is to shore up the bargaining position so that the perceived weaker party has access to greater rights of redress should the stronger party seek to exploit that weakness. The commencement of the new Australian Consumer Law …

Unfair Contract Terms And Land Transactions, Annette Greenhow

Annette Greenhow

This presentation will consider the new unfair contract terms provisions outlined in the Australian Consumer Law (ACL). The ACL is part of the Competition and Consumer Law Act 2010 (Cth) that commenced in 2 stages - on 1 July 2010 and 1 January 2011. The ACL has now provided a statutory framework regarding the effect of unfair terms within a broad range of consumer contracts – including property contracts. It departs significantly from the classical contract theory and moves toward statutory and judicial intervention in assessing the fairness of contract terms. An unfair term in a standard form consumer contract …

Tethering The Fcc: The Case Against Chevron Deference For Jurisdictional Claims, Daniel Lyons

Daniel Lyons

No abstract provided.

बाधकृत मैदानी आद्र क्षेत्रो में मातस्यकी प्रबंधन (Fisheries Management In Floodplain Wetlands), Ganesh Chandra

Ganesh Chandra

No abstract provided.

Regulating The Internet: Net Neutrality And Nondiscrimination Norms, Daniel Lyons

Daniel Lyons

No abstract provided.

Panelist, Liberty, Property, And International Justice, Daniel Lyons

Daniel Lyons

No abstract provided.

Podcast: Is Net Neutrality A Virtual Taking?, Daniel Lyons

Daniel Lyons

No abstract provided.

Reflections On Fair Housing Law, Tim Iglesias

Tim Iglesias

This presentation offered reflections on the state of fair housing law in light of numerous studies evaluating its effectiveness. It argues that while enforcement needs to be improved, fair housing advocates must also employ complementary strategies to reform social norms.

Net Neutrality: A Historical Perspective, Daniel Lyons

Daniel Lyons

No abstract provided.

A Brief Explanation And Evaluation Of The Law On Fixtures, Michael Lp Lower

Michael LP Lower

A fixture is an item brought onto land that becomes part of the land: ownership of the land carries with it ownership of the item. Other items remain mere chattels. Ownership of the land does not necessarily carry with it ownership of the chattel. This article is an introduction to, and evaluation of, the law in this area.

Presented Paper: Net Neutrality And Nondiscrimination Norms, Daniel Lyons

Daniel Lyons

No abstract provided.

Presented Paper: Net Neutrality And Nondiscrimination Norms In Telecommunications, Daniel Lyons

Daniel Lyons

No abstract provided.

Net Neutrality And The Takings Clause, Daniel Lyons

Daniel Lyons

No abstract provided.

Current Issues And Developments Involving Sales Or Exchanges Of Real Estate: The Impact Of Tax Reform 1986 On Real Estate Investments And Activities, Robert G. Gottlieb

Robert Gottlieb

No abstract provided.

Presented Paper: The Judicial Role In Telecommunications Reregulation, Daniel Lyons

Daniel Lyons

No abstract provided.

Virtual Takings: The Coming Fifth Amendment Challenge To Net Neutrality Regulation, Daniel Lyons

Daniel Lyons

“Net neutrality” refers to the principle that broadband providers should not limit the content and applications available over the Internet. Long a rallying cry of techies and academics, it has become one of the central pillars of the Obama Administration’s telecommunications policy. The Federal Communications Commission’s efforts to regulate the “onramp to the Internet” have attracted significant attention from the telecommunications industry and the academic community, which have debated whether the proposed restrictions violate broadband providers’ First Amendment rights. But there is an additional constitutional implication of net neutrality that has not yet been sufficiently addressed in the scholarly literature: …