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Full-Text Articles in Law

The Offshore Petroleum Regulatory Frameworks Of Australia And Norway, Tina Hunter Nov 2010

The Offshore Petroleum Regulatory Frameworks Of Australia And Norway, Tina Hunter

Law Faculty Publications

Extract:

When examining and comparing Norwegian and Australian petroleum legislation and regulation, parallels exist between petroleum regulation in both jurisdictions, since each have common internalised functions. In particular, this includes a petroleum legislative framework that comprises acts, regulations, and administrative guidelines in each jurisdiction.

Both countries award petroleum licences to participants, and may also stipulate conditions for the award of petroleum licences. Although Norway uses the North Sea model, and Australia the North American model, both jurisdictions use the award of petroleum licences in formal licensing rounds to establish and maintain a relationship between the State and the oil companies ...


Follow The Money! What Are You Spending On Research Sources? Part Iii: Teaching Old Resources To Do New Tricks, Shannon Kemen, Emily Janoski-Haehlen Nov 2010

Follow The Money! What Are You Spending On Research Sources? Part Iii: Teaching Old Resources To Do New Tricks, Shannon Kemen, Emily Janoski-Haehlen

Law Faculty Publications

No abstract provided.


Preparing For Mediation And Negotiation In Succession Disputes, John Wade Sep 2010

Preparing For Mediation And Negotiation In Succession Disputes, John Wade

Law Faculty Publications

This paper argues that a major task for lawyers in succession disputes, negotiations and mediations is to assist clients make wise decisions in the face of uncertainty. This requires preparation. A short preparation model of five humble hypotheses is set out. Normally, these should be discussed with any mediator well before a mediation takes place. Example precedent preparation forms are attached.


An Overview And Analysis Of The National Unfair Contract Terms Provisions, Loren Holly, Dan Jerker B. Svantesson Sep 2010

An Overview And Analysis Of The National Unfair Contract Terms Provisions, Loren Holly, Dan Jerker B. Svantesson

Law Faculty Publications

The Commonwealth Parliament has recently introduced the Australian Consumer Law, a legislative regime for a national consumer protection framework. One of the most significant changes to consumer protection within Australia has been the introduction of provisions governing unfair contract terms within consumer contracts. This article outlines the new provisions and examines the way in which the law is likely to be applied by the courts, with reference to relevant case law relating to similar provisions found in legislation in Victoria and New South Wales and United Kingdom.


Doctrinal Reform And Post-Contractual Modifications In New Brunswick: Nav Canada V. Greater Fredricton Airport Authority Inc., Rick Bigwood Sep 2010

Doctrinal Reform And Post-Contractual Modifications In New Brunswick: Nav Canada V. Greater Fredricton Airport Authority Inc., Rick Bigwood

Law Faculty Publications

It frequently happens, especially with enduring contracts, that either or both contracting parties wish to change the contract as they go. Where the contract itself does not provide a procedure for making variations (or, if it does, the parties for whatever reason omit to follow that procedure), the parties can always vary their contract informally. Informal variations, however, can generate some thorny legal issues, especially if the variation privileges one party only (for example, the variation is that the contractor will be paid more simply to finish what the origial contract already requires of him), or if the promisor assented ...


The Global Financial Crisis And The Governance Of Financial Institutions, John H. Farrar Jul 2010

The Global Financial Crisis And The Governance Of Financial Institutions, John H. Farrar

Law Faculty Publications

The global financial crisis has presented many regulatory challenges as jurisdictions struggle to effectively address systemic risk. This article, which constituted a plenary address at the Corporate Law Teachers Association Conference, 2010, traverses the range of regulatory measures that have been implemented in the corporate governance and prudential risk management fields with a focus upon developments in Australia, New Zealand and the United Kingdom.


Equally Insured? Lasting Insurance Industry Reform Came Only With A Rethinking Of Race, Mary L. Heen Jul 2010

Equally Insured? Lasting Insurance Industry Reform Came Only With A Rethinking Of Race, Mary L. Heen

Law Faculty Publications

Earlier this decade, some of America’s best-known life insurance companies quietly settled multimillion-dollar civil rights lawsuits challenging race-based life insurance rates and benefits. As a result, those companies closed a chapter of American economic history that began after the Civil War with the door-to-door marketing of small individual life insurance policies to poor workers, including former slaves, and their families. The closing of this chapter in history also marked the end of a form of Jim Crow race discrimination largely invisible to the American public.


Master Mariners And Their Maritime Law: A Book Review, John Paul Jones Jul 2010

Master Mariners And Their Maritime Law: A Book Review, John Paul Jones

Law Faculty Publications

No abstract provided.


The Inadequate Legislative Response To E-Signatures, Jay Forder Jul 2010

The Inadequate Legislative Response To E-Signatures, Jay Forder

Law Faculty Publications

This article examines the two most influential international initiatives on electronic signatures (UNCITRAL’s 1996 Model Law on Electronic Commerce and the 1999 EU Electronic Signature Directive). It considers whether the legislative approaches in Australia and the United Kingdom based on these initiatives are helpful in deciding whether lower level signature methods such as simple email messages are likely to satisfy a legal requirement for a signature. The conclusion reached is that they are unhelpful. The article goes on to consider whether legislative amendments based on UNCITRAL’s 2001 Model Law on Electronic Signatures or the 2005 UN Convention on ...


Privacy And Consumer Risks In Cloud Computing, Dan Svantesson, Roger Clarke Jul 2010

Privacy And Consumer Risks In Cloud Computing, Dan Svantesson, Roger Clarke

Law Faculty Publications

While vaguely defined, and wide in scope, so-called ‘cloud computing’ has gained considerable attention in recent times. Put simply, it refers to an arrangement under which a user relies on another party to provide access to remote computers and software, whose whereabouts, including their jurisdictional location, are not known nor controllable by the user. In this article, we examine the privacy and consumer risks that are associated with cloud computing.


The Ptos Fast Track Takes Us In The Wrong Direction, Kristen Jakobsen Osenga Jun 2010

The Ptos Fast Track Takes Us In The Wrong Direction, Kristen Jakobsen Osenga

Law Faculty Publications

On June 3, 2010, the Patent Office issued a press release touting an initiative to reduce patent pendency by allowing patent applicants to pick the speed at which their applications are examined. Patent pendency has been an increasing problem in the Patent Office, jumping to 34.6 months last year from 26.7 months in 2003. The proposal has two main prongs: first, provide three paths to patent examination, and second, rely more heavily on foreign patent office efforts. While the press release provides some preliminary details about the proposal, further information is expected to be published in the Federal ...


An Inconvenient Truth: Legal Implications Of Errors In Breath Alcohol Analysis Arising From Statistical Uncertainty, Ian R. Coyle, David Field, Graham A. Starmer Jun 2010

An Inconvenient Truth: Legal Implications Of Errors In Breath Alcohol Analysis Arising From Statistical Uncertainty, Ian R. Coyle, David Field, Graham A. Starmer

Law Faculty Publications

The general practice in courts throughout Australia is to accept without question the accuracy of what are popularly referred to as 'breathalysers', or breath analysis instruments as they are legally described. The possibility that they might be providing false readings is only considered if that possibility is raised as a matter of evidence by a motorist who has been breathalysed, and who now faces the prospect of legal sanctions as a result of what it is alleged was revealed by the breath analysis instrument. In this article, it is argued that the methodological and statistical bases for such an assumption ...


Helpful Smartphone Applications For Legal Professionals, Emily Janoski-Haehlen May 2010

Helpful Smartphone Applications For Legal Professionals, Emily Janoski-Haehlen

Law Faculty Publications

No abstract provided.


Matching Disputes And Responses: How To Diagnose Causes Of Conflict, And To Respond With Appropriate Interventions And/Or Referrals, John Wade Apr 2010

Matching Disputes And Responses: How To Diagnose Causes Of Conflict, And To Respond With Appropriate Interventions And/Or Referrals, John Wade

Law Faculty Publications

This short paper will address three broad topics from an Australian perspective. Parts of this paper will be relevant to Canada and to other countries. First, where is the pressure coming from for dispute resolution professionals to improve the diagnosis of causes of conflict; and to improve the choice of intervention and/or referral to other skilled helpers?

Secondly, what diagnostic dispute resolution services (problem defining) are currently “available”? What methods are used to make an initial diagnosis of causes of a conflict, and appropriate possible “interventions”?

Thirdly, what dispute resolution assistance (problem solving) is “available” in each area of ...


What Do Clients Of Mediators "Want"?, John Wade Apr 2010

What Do Clients Of Mediators "Want"?, John Wade

Law Faculty Publications

Extract:

This title reflects a familiar marketing and ethical question for all service providers – what do clients of plumbers/doctors/psychologists/builders/lawyers etc want?
Predictably, the answers given by anecdote, “theory” and more systematic research are complicated and conflicting. There is a simple answer to every complex question, and it is wrong.
There are three elements in the question – what do the (1) clients of (2) mediators (3) want?


Legal Regulatory Framework For The Sustainable Extraction Of Australian Offshore Petroleum Resources: A Critical Functional Analysis, Tina Hunter Apr 2010

Legal Regulatory Framework For The Sustainable Extraction Of Australian Offshore Petroleum Resources: A Critical Functional Analysis, Tina Hunter

Law Faculty Publications

Aimed at Australian petroleum regulators, as they continue to seek the best method to regulate the extraction of non-renewable resources in Australia. It is purposefully aimed at the principle and policy level, to assist in the management of mineral and petroleum resources in Australia in the 21st century.


Corporate Governance In The Courtroom: An Empirical Analysis, Jessica M. Erickson Apr 2010

Corporate Governance In The Courtroom: An Empirical Analysis, Jessica M. Erickson

Law Faculty Publications

Conventional wisdom is that shareholder derivative suits are dead. Yet this death knell is decidedly premature. The current conception of shareholder derivative suits is based on an empirical record limited to suits filed in Delaware or on behalf of Delaware corporations, leaving suits outside this sphere in the shadows of corporate law scholarship. This Article aims to fill this gap by presenting the first empirical examination of shareholder derivative suits in the federal courts. Using an original, hand-collected data set, my study reveals that shareholder derivative suits are far from dead. Shareholders file more shareholder derivative suits than securities class ...


Contract Law's Two "P.E.'S": Promissory Estoppel And The Parole Evidence Rule, David G. Epstein Apr 2010

Contract Law's Two "P.E.'S": Promissory Estoppel And The Parole Evidence Rule, David G. Epstein

Law Faculty Publications

This article is about "P.E." Not the physical education class that you looked forward to in junior high school, but the two "P.E.'s" you dreaded in your first-year law school contracts class: (1) promissory estoppel and (2) the parol evidence rule.' Each is plenty complicated standing alone. This article considers what happens if the two bump into each other. More specifically, this article asks and answers the question: Should the parol evidence rule apply to promissory estoppel cases?


Your Retirement To-Do List: Enjoy Each Day, Suzanne B. Corriell Apr 2010

Your Retirement To-Do List: Enjoy Each Day, Suzanne B. Corriell

Law Faculty Publications

Author provides a variety of activities and entertaining options for retired professionals.


The Upside Of Intellectual Property's Downside, Christopher A. Cotropia, James Gibson Apr 2010

The Upside Of Intellectual Property's Downside, Christopher A. Cotropia, James Gibson

Law Faculty Publications

Intellectual property law exists because exclusive private rights provide an incentive to innovate. This is the traditional upside of intellectual property: the production of valuable information goods that society would otherwise never see. In turn, too much intellectual property protection is typically viewed as counterproductive, as too much control in the hands of private rightsholders creates more artificial scarcity and imposes more costs on future innovators than the incentive effect warrants. This is the traditional downside of intellectual property: reduced production and impeded innovation. This Article turns the traditional discussion on its head and shows that intellectual property’s putative ...


When It Reins It Pours, Noah M. Sachs Feb 2010

When It Reins It Pours, Noah M. Sachs

Law Faculty Publications

Imagine if the board of a Fortune 500 company required the company’s vice presidents to obtain board approval before implementing any decision. Now imagine that the board is highly polarized and its members are at each other’s throats. A recipe for corporate gridlock, right?

Amazingly, House Speaker John Boehner, Senator Jim DeMint, and other prominent Republicans are embracing this dubious chain-of-command for the federal government. They are promoting a bill called the REINS Act (Regulations from the Executive in Need of Scrutiny), which would stop any major regulation issued by any federal agency from taking effect until it ...


The Procedural Evolution Of Conflict Towards Litigation And Implications For Legal Publishers, John Wade Feb 2010

The Procedural Evolution Of Conflict Towards Litigation And Implications For Legal Publishers, John Wade

Law Faculty Publications

This paper will summarise three topics found repetitively in the research of Professor Marc Galanter, namely –
• The pyramids of conflict
• The decline of “full-blown” trials
• The increase of “law”
The goal is to promote brainstorming about the consequences of these analyses for legal publishers.


Legal Education Prepares Students To Weather Tough Times, Tara L. Casey Feb 2010

Legal Education Prepares Students To Weather Tough Times, Tara L. Casey

Law Faculty Publications

The author discusses how law students are facing a daunting problem—a competitive job market in the midst of an economic recession. But because of the training they receive both inside and outside of the classroom, law students are uniquely poised to weather this storm.


Keeping Incest In The Family, David Field Jan 2010

Keeping Incest In The Family, David Field

Law Faculty Publications

In its recent decision in R v Rose (2009) 227 FLR 433 [2009] QCA 83227 FLR 433 [2009] QCA 83, the Queensland Court of Appeal held that it did not constitute the crime of "incest" for a man to have consensual intercourse with the 17-year-old daughter of his former de facto because, in terms of s 222(8) of the Queensland Criminal Code , the two were "entitled to be married". The author argues that this decision has unfortunate implications, for future "victims" of such crimes, for the normally understood distinction between a "right" and a "freedom", and for the consistency ...


The Liability Of Accessories Under Statute, In Equity, And In Criminal Law: Some Common Problems And (Perhaps) Common Solutions, Joachim Dietrich Jan 2010

The Liability Of Accessories Under Statute, In Equity, And In Criminal Law: Some Common Problems And (Perhaps) Common Solutions, Joachim Dietrich

Law Faculty Publications

This article focuses on accessorial liability under statute, in equity and in criminal law. One of its purposes is to identify some of the common problems that have arisen in determining the liability of accessories in different areas of civil law, whilst drawing some comparisons with the criminal law. It will be argued that the problems that need to be addressed in determining accessorial liability are largely similar in the different contexts, even if they are often formulated in superficially different ways. This article surveys some of the different approaches, though such an overview, of necessity, cannot address (nor attempt ...


Ratio Decidendi: Guiding Principles Of Judicial Decisions, Vol. 2: 'Foreign' Law, William Hamilton Bryson Jan 2010

Ratio Decidendi: Guiding Principles Of Judicial Decisions, Vol. 2: 'Foreign' Law, William Hamilton Bryson

Law Faculty Publications

This collection of essays is concerned with the subject of ratio decidendi, which is a technical legal term of art in Anglo-American jurisprudence. This group of essays focuses on one narrow aspect of ratio decidendi, the use by the courts of foreign law as the basis of their decisions when appropriate to the issues to be decided in a particular case brought to them by the litigants. The study of the process of the assimilation of foreign law is the scope of this book. The observation of this process in the past in different legal cultures of western Europe is ...


Empowerment, Innovation, And Service: Law School Programs Provide Access To Justice And Instill A Commitment To Serve, Dale Margolin Cecka Jan 2010

Empowerment, Innovation, And Service: Law School Programs Provide Access To Justice And Instill A Commitment To Serve, Dale Margolin Cecka

Law Faculty Publications

Law schools around the country seek to fill the legal needs of their communities in ways that are both innovative and mutually beneficial to clients and students. This article describes five pro bono and clinical programs, at the University of Richmond School of Law. The Earle Mack School of Law at Drexel University. Catholic University Columbus School of Law, the Thomas Jefferson School of Law, and Vermont Law School, where law students, under the supervision of law professors or community professionals, provide assistance or legal representation to underserved and often marginalized populations needing help with family law problems, including parents ...


Robert Paynell's King's Bench Reports (1625-1627), William Hamilton Bryson Jan 2010

Robert Paynell's King's Bench Reports (1625-1627), William Hamilton Bryson

Law Faculty Publications

The reports of cases from the Court of King's Bench from the first two years of the reign of Charles I that have found their way into print are not necessarily the best, although they are now, of course, the ones that are the most familiar. As will be discussed, many of the attributions of authorship are dubious or false. However, the anonymity to the present generation of lawyers and judges should not by itself detract from their validity. This is because the preservation and printing of law reports in the seventeenth century was quite haphazard, being undertaken more ...


Bankruptcy Materials And Cases, Third Edition, David G. Epstein Jan 2010

Bankruptcy Materials And Cases, Third Edition, David G. Epstein

Law Faculty Publications

Bankruptcy impacts so many aspects of what lawyers do, from business transactions to consumer protection to litigation of domestic relations matters. Understanding bankruptcy is thus critically important for almost every lawyer. To meet this challenge, we want you to learn the basics of debtorcreditor law, to become familiar with the issues of debtor-creditor law that you are likely to encounter in practice, and to think about the policy questions that underlie those issues. While policy questions are consistently and constantly raised, the book does not espouse any particular theory or philosophy of debtor-creditor law. You are left to develop your ...


A Fourth Circuit Photograph, Carl W. Tobias Jan 2010

A Fourth Circuit Photograph, Carl W. Tobias

Law Faculty Publications

The Commission on Structural Alternatives for the Federal Courts of Appeals issued a report and proposals after carefully evaluating the appellate system for a year, while the data have minimally changed since the report's issuance. The Commission's principal focus was the Ninth Circuit, as Congress had instructed, yet the Commission assembled much useful information on each circuit court of appeals and found that all operate efficaciously. Because how the Fourth Circuit addresses a large docket is critical to appellate justice, the Commission's analysis of the tribunal and the court itself merit scrutiny, which this Article undertakes.

Part ...