Law Commons^™

Cbm Development From The County Perspective, Josh Joswick

Coalbed Methane Development in the Intermountain West (April 4-5)

4 pages.

Concluding Comments, Mark Pearson

Coalbed Methane Development in the Intermountain West (April 4-5)

3 pages.

Appeal No. 0702: Mormack Industries, Inc, S & S Energy Corporation V. Division Of Mineral Resources Management & Mr. & Mrs. Calvin Mcmullin, Mr. & Mrs. Kevin Yoder, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2001-14

Appeal No. 0700: Mormack Industries, Inc, S & S Energy Corporation V. Division Of Mineral Resources Management & Mr. & Mrs. Calvin Mcmullin, Mr. & Mrs. Kevin Yoder, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2001-14

The Next Generation Of Planning & Zoning Enabling Acts Is On The Horizon: 2002 Growing Smart Legislative Guidebook Is A Must-Read For Land Use Practitioners, Patricia E. Salkin

Scholarly Works

No abstract provided.

State Courts As Agents Of Federalism: Power And Interpretation In State Constitutional Law, James A. Gardner

Journal Articles

In the American constitutional tradition, federalism is commonly understood as a mechanism designed to institutionalize a kind of permanent struggle between state and national power. The same American constitutional tradition also holds that courts are basically passive institutions whose mission is to apply the law impartially while avoiding inherently political power struggles. These two commonplace understandings conflict on their face. The conflict may be dissolved for federal courts by conceiving their resistance to state authority as the impartial consequence of limitations on state power imposed by the U.S. Constitution. But this reconciliation is unavailable for state courts, which, by operation …

Appeal No. 0703: James & Mary Riordan V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2001-37 (Mandatory Pooling)

Appeal No. 0674: Pottmeyer Oil & Gas V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 99-113

Appeal No. 0699: C & M Gas And Oil V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2001-6

Appeal No. 0689: Ohio Valley Coal Company V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 27503

Appeal No. 0701: American Insurance Co. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2011-13

Brief Amicus Curiae Of The Idaho Conservation League And The Louisiana Environmental Action Network In Support Of Neither Side, Republican Party Of Minnesota V. Kelly, No. 01-521 (U.S. Jan. 17, 2002), John D. Echeverria

U.S. Supreme Court Briefs

No abstract provided.

Straw Polls, Daniel B. Rodriguez

University of San Diego Public Law and Legal Theory Research Paper Series

A key measure of the democratic quality of a political community is how its members vote. The design and implementation of voting arrangements can illuminate the nature, purposes, and even potential of a community of citizens. Voting is, at the very least, used to sort out and implement preferences. Voting processes help in sorting out winners from losers and thereby provide a presumptively fair method for the implementation of public policy. At the same time, voting in a democratic policy is a coercive act. Voters are not merely expressing preferences; they are acting in order to transform their preferences into …

Enforcing Affirmative State Constitutional Obligations And Sheff V. O'Neill, Justin R. Long

Law Faculty Research Publications

No abstract provided.

Structural Principles And Presidential Succession, Howard M. Wasserman

Faculty Publications

No abstract provided.

Has The Field Grown Too Complex For A State-Specific "Handbook" On Environmental Law? (Reviewing The Government Institute's South Carolina Environmental Law Handbook (3rd Ed. 2000)), Kim Diana Connolly

Book Reviews

No abstract provided.

Rediscovering Discovery: State Procedural Rules And The Level Playing Field, Seymour Moskowitz

Law Faculty Publications

In the modern era of few trials, the pretrial process is critical to the disposition of most cases. Discovery has been a fiercely debated subject for may years. Many commentators believe that discovery has become too expensive, very time consuming, and often abusive. Others disagree, and articulate an entirely different diagnosis of the problems in our civil justice system. Regardless, the scope of discovery, and the process for undertaking it, create predictable advantages and disadvantages for many types of litigants. Although state courts dispose of the vast majority of cases in the United States, academic writings on procedural matters, particularly …

The Ins And Outs, Stops And Starts Of Speedy Trial Rights In Colorado--Part I, H. Patrick Furman

Publications

This two-part article discusses the constitutional right to a speedy trial and the basics of the speedy trial statute.

See Part II at http://scholar.law.colorado.edu/articles/551/.

Apparent Authority And Healthcare In Illinois, 22 N. Ill. U. L. Rev. 475 (2002), Marc Ginsberg

UIC Law Open Access Faculty Scholarship

No abstract provided.

Silence Is Golden: The New Illinois Rules On Attorney Extrajudicial Speech, 33 Loy. U. Chi. L.J. 323 (2002), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Regulatory Role Of State Constitutional Structural Constraints In Presidential Elections, James A. Gardner

Journal Articles

No abstract provided.

State And Federal Constitutional Law Developments, Rosalie Levinson

Law Faculty Publications

This Article explored state and federal constitutional law developments over the past year. Parts I-III examine both U.S. Supreme Court cases and significant Indiana state and lower federal court cases addressing federal constitutional issues. Part IV will focus on state civil constitutional law cases.

Western Water: The Ethical And Spiritual Questions, Charles Wilkinson

Publications

No abstract provided.

In Praise Of Parochialism: The Advent Of Local Environmental Law, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This Article explains the role that local governments have assumed in protecting the environment, explores the means by which they have obtained their authority to do so, and discusses how this enhanced municipal role should influence environmental and land use policy at the federal and state level. Part II reviews federal efforts to control nonpoint source pollution, and identifies the constraints on federal action. Among these constraints is the national understanding that the power to control the private use of land is a state prerogative, one that has been delegated, in most states, to local governments. Part III describes how …

Introduction: Considering The Trend Toward Local Environmental Law, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

In this symposium issue of the Pace Environmental Law Review we take a close look at the advent of local environmental law. With the editors of the Review and a number of distinguished scholars and practitioners, we define what this new field is and consider what it means for public policy and the practice of law. The intent of this issue is to invite lawyers, scholars, practitioners, legislators, regulators, students, and citizen leaders to consider this burgeoning new field: local environmental law. It is my task to introduce the reader to the field and frame the issues for its further …

The Ins And Outs, Stops And Starts Of Speedy Trial Rights In Colorado--Part Ii, H. Patrick Furman

Publications

This two-part article reviews the constitutional and statutory right to a speedy trial and discusses the case law interpreting that right. The first part was printed in July 2002.

See Part I at http://scholar.law.colorado.edu/articles/550/.

A Refreshing Jury Cola: Fulfilling The Duty To Compensate Jurors Adequately, Evan R. Seamone

Journal Articles

This Article adopts a new perspective on the obligation of states to compensate jurors on the basis of their financial needs. It combs the nation’s history for answers to a variety of significant questions: Why do states compensate jurors? Have there ever been minimal levels of juror compensation among the states of the union? Have any legal challenges resulted in governments raising jury fees? Have states developed uniform standards for juror compensation in light of varied economic conditions? While, at times, the responses to these questions will be brief, answering them is crucial to understanding how jury fees can be …

Defining Marriage: What Ballot Question 2 Doesn’T Do, Mary Lafrance

Scholarly Works

This article examines he oddly-worded initiative, which constituted Question 2 on Nevada’s 2002 ballot and explains how it was a bit of a puzzle, even two years after it was first sprung upon the electorate. Touted during its previous appearance in the 2000 election as a “definition of marriage,” this article shows how it is all too clear that the initiative was anything but that. Neither the initiative, nor any existing provision of Nevada law, made the slightest attempt to define marriage.

The Internationalization Of Legal Relations, Roger P. Alford

Journal Articles

What exactly does it mean to say that "legal relations" are becoming "internationalized"? For me, the concept is in large measure a vertical question: the degree to which international law is affecting (some might say encroaching on) traditional domestic law, particularly state law. This is particularly so with treaty law. In the United States at least, internationalization might be thought of as simply another arm of federalism, with Congress stipulating that certain sales of goods will be governed by international law, not the Uniform Commercial Code. Or that a certain category of child adoptions will be governed by federal treaty …

Judicial Activism: The Good, The Bad, And The Ugly, Arthur D. Hellman

Articles

No matter how judges are selected, sooner or later some unfortunate candidate will be labeled a "judicial activist." One has to wonder: Does the term have any identifiable core meaning? Or is it just an all-purpose term of opprobrium, reflecting whatever brand of judicial behavior the speaker regards as particularly pernicious? Implicit in this question are several important issues about the role of courts in our democratic society.

I take my definition from Judge Richard Posner, who describes activist decisions as those that expand judicial power over other branches of the national government or over state governments. Unlike other uses …