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- Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11) (16)
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Articles 1 - 30 of 51
Full-Text Articles in Litigation
Abuse In Plaintiff Class Action Settlements: The Need For A Guardian During Pretrial Settlement Negotiations, Sylvia R. Lazos
Abuse In Plaintiff Class Action Settlements: The Need For A Guardian During Pretrial Settlement Negotiations, Sylvia R. Lazos
Michigan Law Review
This Note explores the problem of abuse of the class action device during the pretrial settlement process. Part I analyzes the underlying sources of potential abuse in pretrial settlement negotiations. Part II assesses the adequacy of the standards currently used by courts to detect collusive class action settlements. Part III concludes that the appointment of a neutral third-party guardian to oversee the pretrial negotiation process furthers the judicial policy of encouraging settlements while protecting the interests of the absentee class.
The Applicability Of The Antitrust Procedures And Penalties Act Of 1974 To Voluntary Dismissals, Jon B. Jacobs
The Applicability Of The Antitrust Procedures And Penalties Act Of 1974 To Voluntary Dismissals, Jon B. Jacobs
University of Michigan Journal of Law Reform
This Note argues that Congress should amend the APPA to require a judicial public interest determination prior to the entry of a voluntary dismissal in government-initiated civil antitrust actions. Part I of this Note briefly describes the APPA and Federal Rule of Civil Procedure 41(a)(1). Part II asserts that APPA procedures do not currently apply to voluntary dismissals under Rule 41(a)(1). Part III concludes that the purposes underlying the APPA and general policy considerations support the legislative extension of the Act to dismissals. Part IV responds to objections to this proposal. Finally, Part V presents a specific amendment to the …
Erisa: To Sue Or Not To Sue-A Question Of Statutory Standing, Constance L. Bauer
Erisa: To Sue Or Not To Sue-A Question Of Statutory Standing, Constance L. Bauer
University of Michigan Journal of Law Reform
This Note examines the conflicting authority regarding the scope of section 502(a) of ERISA. There is a fundamental split among the United States Courts of Appeals concerning whether parties not specifically enumerated in section 502(a) have standing to bring civil actions to enforce ERISA's provisions. The Ninth Circuit has held consistently that non-enumerated parties are entitled to sue under ERISA. The Second Circuit, however, repeatedly has held that parties not explicitly specified in section 502(a). do not have standing to bring an action under the Act. This Note addresses the question of whether employers and pension funds, as non-enumerated parties, …
Modern Evidence And The Expert Witness, Faust Rossi
Modern Evidence And The Expert Witness, Faust Rossi
Cornell Law Faculty Publications
No abstract provided.
The Jury's Political Role: "To See With Their Own Eyes", Valerie P. Hans
The Jury's Political Role: "To See With Their Own Eyes", Valerie P. Hans
Cornell Law Faculty Publications
Under what circumstances, if any, is it right for juries to ignore the dictates of law in arriving at their verdicts? The political role of the jury has come into the spotlight recently. Legal scholars have labeled as "jury nullification" the refusal of juries to apply the law when they believe that to follow the letter of the law would result in injustice. Jury nullification is actually a form of jury equity, the practice of deciding cases in line with community notions of justice and fairness.
On May 17, 1985, a jury acquitted eight anti-apartheid demonstrators charged with trespassing at …
Modifications Of Antitrust Consent Decrees: Over A Double Barrel, John D. Anderson
Modifications Of Antitrust Consent Decrees: Over A Double Barrel, John D. Anderson
Michigan Law Review
This Note will attempt to determine the correct standard of review for all modifications of existing consent decrees. Part I. A. examines the current standards for modifications of consent decrees. It concludes that the APP A does not apply to such orders. Part I. B. then examines the differing standards that are currently applied to defendant-initiated modification motions without the government's consent, government-initiated modification motions without the defendant's consent, and consented-to modifications. Part II argues that these varying standards have little justification since the same substantive concerns exist in all modification cases. Part III explores the two major concerns - …
Comparing Fault, David C. Sobelsohn
Diligence Requirements Under The Federal Coal Leasing Amendments Act Of 1975, Gail L. Wurtzler
Diligence Requirements Under The Federal Coal Leasing Amendments Act Of 1975, Gail L. Wurtzler
Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)
51 pages.
Contains references.
Readjustment Of Federal Coal Leases, Marilyn S. Kite
Readjustment Of Federal Coal Leases, Marilyn S. Kite
Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)
19 pages.
Contains references.
Leases For Other Minerals: Recent Developments, Thomas F. Cope
Leases For Other Minerals: Recent Developments, Thomas F. Cope
Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)
14 pages.
Contains references.
State And Local Regulation Affecting Public Lands Mineral Lease Activities: What Are The Limits?, Lawrence J. Macdonnell
State And Local Regulation Affecting Public Lands Mineral Lease Activities: What Are The Limits?, Lawrence J. Macdonnell
Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)
27 pages.
Contains references.
The Federal Coal Leasing Program, John Latz
The Federal Coal Leasing Program, John Latz
Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)
22 pages (includes 1 illustration and 1 map).
Contains 3 pages of references.
Getting The Coal Leasing Program Back On Track: The Linowes Commission And Beyond, Sandra L. Blackstone
Getting The Coal Leasing Program Back On Track: The Linowes Commission And Beyond, Sandra L. Blackstone
Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)
37 pages.
Contains 2 pages of references.
Operating Under New Laws Pertaining To Mineral Development On Indian Lands, B. Reid Haltom
Operating Under New Laws Pertaining To Mineral Development On Indian Lands, B. Reid Haltom
Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)
89 pages.
Contains 8 attachments:
1) Indian Mineral Development Act of 1982, Public Law 97-382 - Dec. 22, 1982.
2) Proposed BIA Regulations, 25 C.F.R. 225 and 211, Federal Register, Vol. 48, No. 134, Tuesday, July 12, 1983.
3) Billings Area Office Procedures.
4) Flow Chart.
5) Oil and Gas Exploration Joint Venture Agreement.
6) Federal Oil and Gas Royalty Management Act of 1982, Public Law 97-451 [H.R. 5121], January 12, 1983.
7) 30 C.F.R., Part 210, 212, 217, 218, 219, 228, 229, 241, 243, Federal Register, Vol. 49, No. 185, Friday, September 21, 1984.
8) 43 C.F.R., Part 3160, …
Quantification Of Indian Rights: Problems Of Proof, Harry R. Sachse
Quantification Of Indian Rights: Problems Of Proof, Harry R. Sachse
The Federal Impact on State Water Rights (Summer Conference, June 11-13)
32 pages.
Agenda: Public Lands Mineral Leasing: Issues And Directions, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Public Lands Mineral Leasing: Issues And Directions, University Of Colorado Boulder. Natural Resources Law Center
Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)
University of Colorado School of Law professor Lawrence J. MacDonnell served as the conference organizer and as a member of the faculty.
Federal leasing programs, especially for oil and gas and coal, have been undergoing important changes in recent years. This conference will provide an overview and an update for those involved in public lands mineral development. Significant new issues also will be addressed.
Current Developments In Public Lands Administration, Lawrence G. Mcbride
Current Developments In Public Lands Administration, Lawrence G. Mcbride
Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)
24 pages.
Lands Available For Mineral Leasing, John R. Little, Jr.
Lands Available For Mineral Leasing, John R. Little, Jr.
Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)
14 pages.
Contains references.
Federal Lands Leasing Policy In The Second Reagan Administration, Robert F. Burford
Federal Lands Leasing Policy In The Second Reagan Administration, Robert F. Burford
Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)
11 pages.
Federal Royalty Management On Federal Onshore And Indian Lands: Industry Concerns, R. Carol Harvey
Federal Royalty Management On Federal Onshore And Indian Lands: Industry Concerns, R. Carol Harvey
Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)
68 pages.
Contains references.
Contains 8 appendices.
Pitfalls In Federal Oil And Gas Leasing Practice, Terry N. Fiske
Pitfalls In Federal Oil And Gas Leasing Practice, Terry N. Fiske
Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)
13 pages.
Contains references.
Royalty Management I: Current Status, Robert E. Boldt
Royalty Management I: Current Status, Robert E. Boldt
Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)
2 pages.
Environmental Considerations In Public Lands Mineral Leasing And Development I, Karin P. Sheldon
Environmental Considerations In Public Lands Mineral Leasing And Development I, Karin P. Sheldon
Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)
18 pages.
Contains 2 pages of references.
Environmental Considerations In Public Lands Mineral Leasing And Development Ii, Jerome C. Muys, John F. Shepherd, Susan L. Smith
Environmental Considerations In Public Lands Mineral Leasing And Development Ii, Jerome C. Muys, John F. Shepherd, Susan L. Smith
Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)
62 pages.
Contains 6 attachments.
Confidence In Probability: Burdens Of Persuasion In A World Of Imperfect Knowledge, Neil B. Cohen
Confidence In Probability: Burdens Of Persuasion In A World Of Imperfect Knowledge, Neil B. Cohen
Faculty Scholarship
No abstract provided.
Trials And The Federal Rules Of Evidence, Roger J. Miner '56
Trials And The Federal Rules Of Evidence, Roger J. Miner '56
Bar Associations
No abstract provided.
Forcing Attorneys To Represent Indigent Civil Litigants: The Problems And Some Proposals, Greg Stevens
Forcing Attorneys To Represent Indigent Civil Litigants: The Problems And Some Proposals, Greg Stevens
University of Michigan Journal of Law Reform
This Note argues that uncompensated court appointments represent an unsatisfactory means to provide counsel for indigents. Part I discusses the policy arguments for and against forced, uncompensated court appointments. Part I concludes that the arguments against these appointments outweigh the arguments in favor of them. Part II argues that they violate the Constitution's prohibitions against uncompensated takings and involuntary servitude. Part III offers a proposal that would provide effective representation for indigent civil litigants, while avoiding infringement of attorneys' constitutional rights.
Beyond Pennhurst: Protective Jurisdiction, The Eleventh Amendment, And The Power Of Congress To Enlarge Federal Jurisdiction In Response To The Burger Court, George D. Brown
George D. Brown
No abstract provided.
Measuring The Costs Of Civil Justice, Edward Brunet
Measuring The Costs Of Civil Justice, Edward Brunet
Michigan Law Review
A Review of Costs of the Civil Justice System: Court Expenditures for Various Types of Civil Cases by J.S. Kakalik and R.L. Ross
The Hague Convention On Taking Evidence Abroad: Conflict Over Pretrial Discovery, Margaret T. Burns
The Hague Convention On Taking Evidence Abroad: Conflict Over Pretrial Discovery, Margaret T. Burns
Michigan Journal of International Law
This note asserts that the Hague Convention is not the exclusive vehicle available to U.S. litigants for taking evidence abroad. It argues that in certain circumstances, U.S. courts should allow litigants to use the more liberal methods of the Federal Rules when seeking evidence from party litigants in other signatory nations.