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Articles 1 - 10 of 10
Full-Text Articles in Oil, Gas, and Mineral Law
Yukos Risk: The Double Edged Sword, Joseph Tanega, Dmitry Gololobov
Yukos Risk: The Double Edged Sword, Joseph Tanega, Dmitry Gololobov
ExpressO
Abstract The article focuses on elucidating the meaning of Yukos risk mainly in terms of corporate bankruptcy litigation in multiple jurisdictions, including, the U.S., U.K., The Netherlands, and Russia. The emphasis is on understanding the various legal theories and the court decisions reached so far in this continuing legal saga.
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Tough Love: The Dramatic Birth And Looming Demise Of Unclos Property Law (And What Is To Be Done About It), Peter S. Prows
Tough Love: The Dramatic Birth And Looming Demise Of Unclos Property Law (And What Is To Be Done About It), Peter S. Prows
ExpressO
The 1982 United Nations Convention on the Law of the Sea (“UNCLOS”) represents the culmination of thousands of years of international relations, conflict, and now nearly universal adherence to an enduring order for ocean space that is the most significant achievement for international law since the UN Charter. UNCLOS establishes international property law erga omnes that, by legal and political necessity, required a bargained consensus to be effective. This bargain, in essence, provided coastal States with extended but limited jurisdictions, while ensuring that the seabed and its mineral resources beyond were the “common heritage of mankind” that would peaceably and …
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
Using Capture Theory And Chronology In Eminent Domain Proceedings, John H. Ryskamp
Using Capture Theory And Chronology In Eminent Domain Proceedings, John H. Ryskamp
ExpressO
Capture theory--in which private purpose is substituted for government purpose--sheds light on a technique which is coming into greater use post-Kelo v. New London. That case affirmed that eminent domain use need only be rationally related to a legitimate government purpose. Capture theory focuses litigators' attention on "government purpose." That is a question of fact for the trier of fact. This article shows how to use civil discovery in order to show the Court that private purpose has been substituted for government purpose. If it has, the eminent domain use fails, because the use does not meet minimum scrutiny. This …
Linking Natural Resource Exploitation And Primary Health Care In Developing Countries, Alexandros Zervos
Linking Natural Resource Exploitation And Primary Health Care In Developing Countries, Alexandros Zervos
ExpressO
In exchange for loans from international financial institutions, natural resources companies should be made contractually responsible for achieving specific primary health care targets in certain developing countries they invest in. Primary health care is crucial for social/economic development, but many developing countries’ governments fail in its provision. Any effort to make natural resources companies responsible for primary health care would need to focus on goal setting, monitoring and legal enforcement. The latter would include both monetary sanctions and incentives tied to specific targets. The challenges facing this project are significant, but none are problematic enough to prevent its implementation.
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
Fuel Efficiency: The Disconnect Between Environmental Policy And Tax Policy, John J. Marciano
Fuel Efficiency: The Disconnect Between Environmental Policy And Tax Policy, John J. Marciano
ExpressO
The recent high gas prices in America have intensified the debate over oil and gas efficiency, use, and reserves. As the national average for a gallon tops $2.10, Congress and the President strive to find a common position to foster energy independence, protect the environment, and bolster the struggling economy.
President Bush’s energy policy and recent Senate and House bills have not contemplated their effects on the environmental state of our nation or its impact on the internal revenue code. In this time of uncertainty, energy independence and measured use of resources may be at odds, but must we stray …
Federal Permitting Issues Related To Offshore Wind Energy, Using The Cape Wind Project In Massachusetts As An Illustration, Thomas A. Utzinger
Federal Permitting Issues Related To Offshore Wind Energy, Using The Cape Wind Project In Massachusetts As An Illustration, Thomas A. Utzinger
ExpressO
Cape Wind Associates, LLC in Massachusetts intends to build a 130-turbine wind park off of Cape Cod, Massachusetts, in federal waters. The wind park would generate an average output great enough to power about three-quarters of the Cape’s energy needs.
Construction of this project required two permits from the U.S. Army Corps of Engineers: one for a single data tower, and one for the overall wind park. To date, the Corps has granted the data tower permit. This has been the subject of litigation in Massachusetts state and federal courts. The Corps is also conducting a lengthy environmental review of …
Partnerships With Monarchs: Univeiling And Re-Examining The Pattern Of "Third World" Economic Development In The Petroleum And Energy Sector, Diane M. Bales
Partnerships With Monarchs: Univeiling And Re-Examining The Pattern Of "Third World" Economic Development In The Petroleum And Energy Sector, Diane M. Bales
ExpressO
No abstract provided.