Law Commons^™

The Takings Clause As A Comparative Right, John Fee

Faculty Scholarship

No abstract provided.

It's Personal But Is It Mine? Toward Property Rights In Personal Information, Vera Bergelson

Rutgers Law School (Newark) Faculty Papers

"It's Personal But Is It Mine? Toward Property Rights in Personal Information" discusses the disturbing erosion of privacy suffered by the American society in recent years due to citizens' loss of control over their personal information. This information, collected and traded by commercial enterprises, receives almost no protection under current law. I argue that, in order to protect privacy, individuals need to secure control over their information by becoming its legal owners. In this article, I confront two fundamental questions that have not been specifically addressed in the privacy literature before: why property is the most appropriate regime for regulating …

The Like Kind Exchange: A Current Review, Stefan F. Tucker

William & Mary Annual Tax Conference

No abstract provided.

Recent Developments Affecting Real Estate And Pass-Through Entities, Stefan F. Tucker, Jeffrey S. Clark

William & Mary Annual Tax Conference

No abstract provided.

Agenda: Workshop On Directional Drilling In The Rocky Mountain Region, University Of Colorado Boulder. Natural Resources Law Center, Colorado School Of Mines

Workshop on Directional Drilling in the Rocky Mountain Region (November 13)

The Rocky Mountain region is seeing a large increase in the amount of exploration and production of oil and gas resources. Many people are interested in the use of directional and horizontal drilling technology but not much is understood about these technologies outside of the oil and gas industry. Many hold out the promise that directional drilling can minimize environmental impacts and the footprint of development. The technological, environmental, legal and policy implications of directional drilling for oil and gas in the Rocky Mountain region are the focus of this workshop.

Slides: Untitled [British Petroleum], Rusty Riese

Workshop on Directional Drilling in the Rocky Mountain Region (November 13)

Presenter: Dr. Rusty Riese, Consulting Geologist, BP American Production Co.

6 slides

Abstract: For companies doing directional drilling, what are the direct and indirect costs and benefits? When is it economical and what factors does industry take into account in making the decision to utilize directional drilling?

Slides: Untitled [Colorado Attorney General's Office], Carol Harmon

Workshop on Directional Drilling in the Rocky Mountain Region (November 13)

Presenter: Carol Harmon, Colorado Attorney General's Office

8 slides

Abstract: When does the State require directional drilling? Can landowners require it in Surface Use Agreements? What does Colorado's version of the accommodation doctrine mean for directional drilling?

Slides: Untitled [Western Resource Advocates], Mike Chiropolos

Workshop on Directional Drilling in the Rocky Mountain Region (November 13)

Presenter: Mike Chiropolos, Attorney, Western Resource Advocates

10 slides

Abstract: What are the environmental considerations involved with directional drilling? How should the NEPA analysis take this technology into account? When should it be analyzed as an alternative to conventional vertical drilling?

Notes From The Directional Drilling Workshop, University Of Colorado Boulder. Natural Resources Law Center

Workshop on Directional Drilling in the Rocky Mountain Region (November 13)

20 pages

"These notes were taken by one of our law students attending the workshop. They are not a verbatim transcript and they were not supplied by, and may not have been reviewed by, the speakers. There may be errors or gaps in the notes and for these we apologize in advance. Where the speaker provided an abstract of their talk, these are included and noted as such."

Slides: Encana, John Moran

Workshop on Directional Drilling in the Rocky Mountain Region (November 13)

Presenter: John Moran, Reservoir Engineer, Encana Oil & Gas

23 slides

Abstract: For companies doing directional drilling, what are the direct and indirect costs and benefits? When is it economical and what factors does industry take into account in making the decision to utilize directional drilling?

Slides: Directional Drilling: The Promise And The Peril, Alfred W. Eustes Iii

Workshop on Directional Drilling in the Rocky Mountain Region (November 13)

Presenter: Dr. Bill Eustes, Ph.D., P.E., Department of Petroleum Engineering, Colorado School of Mines, Golden, CO

63 slides

Abstract: What is it, where can it be done and how does it fit into full field development for oil and gas? This segment will set the foundation and bring everyone up to a basic level of understanding of the technology of directional drilling.

Gao's Recent Report On The Implementation Of Exec. Order 12630 And The State Of Federal Agency Protections Of Private Property Rights: Hearing Before The H. Subcomm. On The Judiciary, 108th Cong., Oct. 16, 2003 (Statement Of John D. Echeverria, Exec. Dir., Georgetown Environmental Law & Policy Inst., Geo. U. L. Center), John D. Echeverria

Testimony Before Congress

No abstract provided.

The Lessened Lis Pendens, Roger Bernhardt

Publications

This article warns attorneys to advise their clients to think twice before recording that lis pendens. Two California cases demonstrate that attempts to obtain a lis pendens may be worse than ineffective, and quite dangerous, leading to liability for attorney fees and compensatory and punitive damages.

Summary Of Keife V. Logan, 119 Nev. Adv. Op. No. 41, James Davis

Nevada Supreme Court Summaries

Appeal from an order of the Second Judicial District Court, State of Nevada, finding that Defendant and underlying landowner was the rightful owner of a former railroad right-of-way under 43 U.S.C.S. §912, because the underlying landowner had purchased the underlying land and right-of-way from the railroad, which had been granted the right-of-way by the United States.

Summary Of Schneider V. County Of Elko, 119 Nev. Adv. Op. No. 43, Hilary Barrett

Nevada Supreme Court Summaries

Appeal from a district court order dismissing a property owner’s complaint for failure to state a claim upon which relief can be granted.

Summary Of Evans V. Samuels, 119 Nev. Adv. Op. No. 42, Hilary Barrett

Nevada Supreme Court Summaries

Appeal from a district court order granting summary judgment in a quiet title action.

Day 3. Wednesday, August 13, 2003: Coalbed Methane Development, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

10 pages (includes color illustrations and maps).

Balancing The Automatic Stay, Roger Bernhardt, James Stillman

Publications

This article discusses a Ninth Circuit Bankruptcy Appellate Panel decision holding that purchasers at a trustee sale can successfully have the stay that originally prohibited the sale annulled if the court finds that the equities are in their favor.

Failing Grade: Our Irrelevant Bar Exam, Roger Bernhardt

Publications

This article criticizes the California Bar Exam’s testing of real property. The author argues that the Exam fails to test modern issues relevant to everyday practice.

Cooperative Research And Technology Enhancement (Create) Act Of 2003: Hearing On H. R. 2390 Before The H. Subcomm. On Courts, The Internet And Intellectual Property Of The H. Comm. On The Judiciary, 108th Cong., June 10, 2003 (Statement Of John R. Thomas, Prof. Of Law, Geo. U. L. Center), John R. Thomas

Testimony Before Congress

No abstract provided.

The Limits Of Property Reparations, Gregory S. Alexander

Cornell Law Faculty Publications

Human history is replete with examples of unjustified expropriations of property by conquering states and other transitory regimes. Only in modern times, however, have nations attempted systematically to remedy historical injustices by providing reparations to the dispossessed owners or their successors. From the aboriginal peoples of the Antipodes to the Native Americans of Canada and the U.S. to the European victims of the German and Soviet communism, groups of people who were stripped of their land and possessions by fraud or force are demanding, and in many cases getting, reparations for these injustices. The thesis of this paper is that …

Making Sense Out Of Insurance, Condemnation, And Settlement Clauses In Deeds Of Trust, Roger Bernhardt

Publications

This article discusses a California case that held that moneys received by trustors in settlement of their damage claims against a contractor need not be turned over to their lender pursuant to their deed of trust, but concludes that other court are not likely to agree with the holding that “owed” means “amounts currently due and payable” instead of principal balance, and that lenders will probably revise their forms to escape that reasoning..

A Two-Dimensional Framework Of Property Rights Regimes, Shi-Ling Hsu

Scholarly Publications

No abstract provided.

Muddy Property: Generating And Protecting Information Privacy Norms In Bankruptcy, Edward J. Janger

Faculty Scholarship

No abstract provided.

Property As A Fundamental Constitutional Right? The German Example, Gregory S. Alexander

Cornell Law Faculty Working Papers

This article examines an apparent paradox in comparative constitutional law. Property rights are not treated as a fundamental right in American constitutional law; they are, however, under the Basic Law (i.e., constitution) of Germany, a social-welfare state that otherwise gives less weight to property. The article uses this apparent paradox as a vehicle for considering the different reasons why constitutions protect property. It explains the difference between the German and American constitutional treatment of property on the basis of the quite different approaches taken in the two systems to the purposes of constitutional protection of property.

The Disturbed Subtenant Roger Bernhardt, Roger Bernhardt

Publications

This article discusses the advantages of a nondistrubance and attornment provision in a lease. An NDA clause benefits the both the subtenant and landlord and may help a tenant attract subtenants. It gives security to subtenants that if the tenant declares bankruptcy the subleases will remain intact. The landlord benefits because it eliminates the need to find new tenants.

Property As A Fundamental Constitutional Right? The German Example, Gregory S. Alexander

Cornell Law Faculty Publications

No abstract provided.

Cultural Property And The Limitations Of Preservation, Sarah K. Harding

All Faculty Scholarship

No abstract provided.

Defining Traditional Knowledge -- Lessons From Cultural Property, Sarah K. Harding

All Faculty Scholarship

No abstract provided.

American Law Of Real Estate, J. David Reitzel, Robert B. Bennett, Michael J. Garrison

Scholarship and Professional Work - Business

American Law of Real Estate presents real estate law as a national body of law covering community property states as well as common law martial property rights. This book is ideal for those seeking a real estate license as well as for property managers, investors, developers, homeowners, and apartment dwellersuto anyone seeking to own or use land