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Articles 1 - 8 of 8

Full-Text Articles in Law

Fallow Fields Initiatives And Canada's East Coast Offshore: Policy And Legal Considerations, Raymond E. Quesnel Oct 2007

Fallow Fields Initiatives And Canada's East Coast Offshore: Policy And Legal Considerations, Raymond E. Quesnel

Dalhousie Law Journal

The author examines various approaches adopted by government to balance the state's interest in promoting the timely and efficient exploration and development of oil and gas resources under state jurisdiction and industry's need for legal regimes providingsecurityoftenure and other conditions necessary for commercial success. In particular, the paper considers fallow field initiatives adopted by the United Kingdom in respect of the North Sea and their possible application to government's management of oil and gas resources in the Canadian east coast offshore areas, addressing applicable policy considerations, the legislative history of the statutory frameworks in place, and relatedjurisprudence.


Strategic Communications And The Decline Of The Us Soft Power, Gene E. Bigler Aug 2007

Strategic Communications And The Decline Of The Us Soft Power, Gene E. Bigler

International Law Studies

No abstract provided.


Piercing The Fog: National Security, Media, And The Govenrment, Harvey Rishikof Aug 2007

Piercing The Fog: National Security, Media, And The Govenrment, Harvey Rishikof

International Law Studies

No abstract provided.


Utility And Rights In Common Law Reasoning: Rebalancing Private Law Through Constitutionalization, Hugh Collins Apr 2007

Utility And Rights In Common Law Reasoning: Rebalancing Private Law Through Constitutionalization, Hugh Collins

Dalhousie Law Journal

In the evolution of private law, legal reasoning has always confronted the fundamental problem of reconciling private interests with collective goods. Philosophers analyse this problem ofjustice in terms ofprotecting individual rights whilst at the same time maximizing utility or general welfare. The private law of tort, contract, and property rights that emerged in the nineteenth century provided a fortress of protections for individual rights, but the consequences for collective welfare were quickly found wanting. These consequences were addressed by the welfare state, regulation, and the separation of new spheres ofprivate law such as consumer law and labour lawfrom mainstream doctrine, …


Hedonic Damages, Hedonic Adaptation, And Disability, Samuel R. Bagenstos, Margo Schlanger Apr 2007

Hedonic Damages, Hedonic Adaptation, And Disability, Samuel R. Bagenstos, Margo Schlanger

Vanderbilt Law Review

Over the past quarter century, the concept of "adaptive preferences" has played an important role in debates in law, economics, and political philosophy. As Professor Jon Elster has described this psychological phenomenon, "people tend to adjust their aspirations to their possibilities." A number of prominent scholars have argued that the existence of adaptive preferences "raises serious problems for neoclassical economics and for unambivalent enthusiasm for freedom of choice." Because our current preferences are constrained by the opportunities available to us, proponents of adaptive preference theory contend, those preferences may not be the best guide to what is in our interests; …


A Missouri Health Policy Agenda, James R. Kimmey Mar 2007

A Missouri Health Policy Agenda, James R. Kimmey

Saint Louis University Law Journal

No abstract provided.


Medical Monitoring In Missouri After Meyer Ex Rel. Coplin V. Fluor Corp.: Sound Policy Should Be Restored To A Vague And Unsound Directive, Mark A. Behrens, Christopher E. Appel Jan 2007

Medical Monitoring In Missouri After Meyer Ex Rel. Coplin V. Fluor Corp.: Sound Policy Should Be Restored To A Vague And Unsound Directive, Mark A. Behrens, Christopher E. Appel

Saint Louis University Public Law Review

No abstract provided.


The Importance Of History To The Design Of Competition Policy Strategy: The Federal Trade Commission And Intellectual Property Law, William E. Kovacic Jan 2007

The Importance Of History To The Design Of Competition Policy Strategy: The Federal Trade Commission And Intellectual Property Law, William E. Kovacic

Seattle University Law Review

The Article's framework for considering the value of history in shaping strategy is the effort of the Federal Trade Commission (FTC) to apply its competition policy powers to issues involving intellectual property (IP). The Article chooses the example of intellectual property because of its importance to the modern work of the FTC and the increasingly significant place that intellectual property and, more generally, technology-driven innovation hold in the field of competition policy. To provide context for the discussion, Part II of the Article presents a profile of the FTC's modern competition policy initiatives concerning intellectual property. Part III then reviews …