Appeal No. 0933: Farolino Investments, Llc, Et Al., V. Division Of Oil & Gas Resources Management, 2016 Case Western Reserve University School of Law
Appeal No. 0933: Farolino Investments, Llc, Et Al., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Permit to Plug and Abandon (Kowalski Unit#1 Well; GonzOil, Inc.)
Protecting The Imperfect Victim: Expanding “Safe Harbors” To Adult Victims Of Sex Trafficking, 2016 William & Mary Law School
Protecting The Imperfect Victim: Expanding “Safe Harbors” To Adult Victims Of Sex Trafficking, Christine Anchan
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
When States’ Legislation And Constitutions Collide With Angry Locals: Shale Oil And Gas Development And Its Many Masters, 2016 William & Mary Law School
When States’ Legislation And Constitutions Collide With Angry Locals: Shale Oil And Gas Development And Its Many Masters, Heidi Gorovitz Robertson
William & Mary Environmental Law and Policy Review
This Article explores the nationally common problem of tension and conflict among state oil and gas statutes, constitutional home rule, and local control by considering intersections and tensions among the Ohio Constitution’s home rule authority, the Ohio oil and gas law’s preemption provision, and the many regulatory efforts of Ohio’s local governments. It explores the scope of the Ohio Constitution’s home rule authority, in part, by evaluating courts’ statements on the validity of several types of local ordinances, as they confront home rule and a legislative attempt at preemption. Types of local ordinances evaluated include those that prohibit or ban …
Stop Shutting The Door On Renters: Protecting Tenants From Foreclosure Evictions, 2016 Florida International University College of Law
Stop Shutting The Door On Renters: Protecting Tenants From Foreclosure Evictions, Eloisa Rodriguez-Dod
Eloisa C Rodríguez-Dod
This article discusses existing and proposed federal and state law affecting tenants’ rights in foreclosure. As “Foreclosure” signs rapidly join “For Sale” signs across the country, the national foreclosure crisis has not only displaced homeowners, but a plethora of renters as well. The approach taken by states concerning tenants affected by foreclosure varies greatly. Furthermore, a recently enacted Federal law, created specifically to help tenants in foreclosure, does not relieve the uncertainty in resolving this issue. In addition to being the first to critique the new federal law, this article offers recommendations for legislation that may better protect tenants from …
“I’M Not Quite Dead Yet!”: Rethinking Anti-Lapse Redistribution Of A Dead Beneficiary’S Gift, 2016 Florida International University College of Law
“I’M Not Quite Dead Yet!”: Rethinking Anti-Lapse Redistribution Of A Dead Beneficiary’S Gift, Eloisa Rodriguez-Dod
Eloisa C Rodríguez-Dod
Anti-lapse statutes create a category of substitute takers when a beneficiary prematurely dies. They are based on the legislature’s presumption of how a testator or settlor would want his property distributed in these circumstances. However, a testator’s or settlor’s intent may effectively be frustrated by this presumed intent. This Article critically examines the tension between an individual’s autonomy and societal goals in the context of anti-lapse statutes applicable to wills and trusts. It scrutinizes the current rules of construction regarding anti-lapse statutes and identifies their deficiencies in their application to wills and trusts. This Article analyzes and identifies the deficiencies …
“But My Lease Isn’T Up Yet!”: Finding Fault With “No-Fault” Evictions, 2016 Florida International University College of Law
“But My Lease Isn’T Up Yet!”: Finding Fault With “No-Fault” Evictions, Eloisa Rodriguez-Dod
Eloisa C Rodríguez-Dod
Historically, tenants could be evicted when their actions put them “at-fault.” Grounds for “at-fault” eviction (i.e., evictions for cause) include a tenant’s failure to pay rent, a tenant’s holding over after termination of the lease, a tenant’s material noncompliance with the lease agreement, and a tenant’s failure to maintain the premises materially affecting health and safety. Recently, some landlords have been evicting tenants for no fault of their own. This article focuses on three reasons for attempted “no-fault” evictions: foreclosure of the premises, proposed sale of the premises, or intended re-occupancy by the landlord. Part II of this article provides …
Ashes To Ashes: Comparative Law Regarding Survivors’ Disputes Concerning Cremation And Cremated Remains, 2016 Florida International University College of Law
Ashes To Ashes: Comparative Law Regarding Survivors’ Disputes Concerning Cremation And Cremated Remains, Eloisa Rodriguez-Dod
Eloisa C Rodríguez-Dod
One should plan for unassuming post-mortem issues, as most state laws do not provide a complete framework when there is no testamentary instruction by the deceased. Judicial determination is often needed, however reported opinions are scarce. Final disposition issues also arise in foreign law. Spain has no civil code regarding disposition of a deceased but delegates its funerary laws to local governments and autonomous communities, while the French have established an order of priority for funerary decisions and provide for a judicial determination and stay of the funerary process in case of dispute. The author gives a brief history of …
Constitutional Intent: The Illinois Supreme Court's Use Of The Record In Interpreting The 1970 Constitution, 8 J. Marshall J. Prac. & Proc. 189 (1974), 2016 Selected Works
Constitutional Intent: The Illinois Supreme Court's Use Of The Record In Interpreting The 1970 Constitution, 8 J. Marshall J. Prac. & Proc. 189 (1974), Ann Lousin
Ann M. Lousin
No abstract provided.
Canonical And Civil Matrimonial Actions: A Comparison, 2016 St. John's University School of Law
Canonical And Civil Matrimonial Actions: A Comparison, Msgr. Marion J. Reinhardt
The Catholic Lawyer
No abstract provided.
It Is Time For Washington State To Take A Stand Against Holmes's Bad Man: The Value Of Punitive Damages In Deterring Big Business And International Tortfeasors, 2016 University of Michigan Law School
It Is Time For Washington State To Take A Stand Against Holmes's Bad Man: The Value Of Punitive Damages In Deterring Big Business And International Tortfeasors, Jackson Pahlke
University of Michigan Journal of Law Reform
In Washington State, tortfeasors get a break when they commit intentional torts. Instead of receiving more punishment for their planned bad act, intentional tortfeasors are punished as if they committed a mere accident. The trend does not stop in Washington State—nationwide, punitive damage legislation inadequately deters intentional wrongdoers through caps and outright bans on punitive damages. Despite Washington State’s one hundred and twenty-five year ban on punitive damages, it is in a unique and powerful position to change the way courts across the country deal with intentional tortfeasors. Since Washington has never had a comprehensive punitive damages framework, and has …
Family Law, 2016 University of Richmond School of Law
Taxation, 2016 McGuirewWoods LLP, Richmond, Virginia
The Will To Prevail: Inside The Legal Battle To Save Sweet Briar, 2016 Troutman Sanders LLP, Richmond, Virginia
The Will To Prevail: Inside The Legal Battle To Save Sweet Briar, William H. Hurd, Ashley L. Taylor Jr., Nancyellen Keane, Stephen C. Piepgrass, C. Reade Jacob Jr., James M. Giudice, J. Westwood Smithers Iii
University of Richmond Law Review
Part I provides an in-depth factual overview, beginning with the Sweet Briar College's founding in the early 1900s. The commentary then turns to the controversial decision to close and discusses the facts and legal theories of the case, the decisions by the circuit court and the Supreme Court of Virginia, and the eventual settlement that kept the school alive.
In Part II, the discussion shifts to the landmark nature of this case, not only for Sweet Briar College, but also for other Virginia colleges and non-profits around the country. The essay analyzes the legal questions arising from the case, including …
Issue 1: Table Of Contents, 2016 University of Richmond
Civil Practice And Procedure, 2016 Guynn & Waddell, P.C., Salem, Virginia
Civil Practice And Procedure, Christopher S. Dadak
University of Richmond Law Review
This article examines developments in Virginia civil procedure and practice in the past year. The survey includes a discussion of the relevant decisions from the Supreme Court of Virginia, changes to applicable rules of practice or procedure, and new legislation, which will likely affect the practice of a civil practitioner in the Commonwealth of Virginia.
Corporate And Business Law, 2016 Williams Mullen, Richmond, Virginia
Corporate And Business Law, Laurence V. Parker Jr.
University of Richmond Law Review
Over the past three years, there have been a number of legislative changes to Virginia's business entity statutes. In Part I,this article highlights the changes to the Virginia Stock Corporation Act ("VSCA") and the Virginia Nonstock Corporation Act ('"VNSCA"). Part II highlights changes to the Limited Liability Company Act ("LLC Act"). Part III summarizes Virginia's new intrastate crowdfunding law. The Supreme Court of Virginia has also addressed several significant issues over the last three years, including the applicability of appraisal rights in a stepped transaction. Part IV reviews several of the significant cases during this period.
Wills, Trusts, And Estates, 2016 Hunton & Williams LLP, Richmond, Virginia
Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey
University of Richmond Law Review
No abstract provided.
Foreclosure Of A Deed Of Trust In Virginia, 2016 Washington and Lee Law School
Foreclosure Of A Deed Of Trust In Virginia, Doug Rendleman
University of Richmond Law Review
This article deals with foreclosure of a deed of trust in Virginia.
The Introduction discusses the deed of trust or mortgage as a social
and political institution and the foreclosure crisis that seems
to be ending. Part I is a brief history of mortgage law. It provides
a short history of the modern mortgage system in the United
States. Part II follows with a description of the approach that
Virginia takes to mortgages. It localizes the mortgage institution
to Virginia and introduces Virginia's vocabulary and technical details,
the deed of trust, and the parties' rights and obligations.
Part III provides …
Analyzing The Virginia Workers' Compensation Act's Governance Of Employer Non-Compliance, 2016 Glenn Feldmann Darby & Goodlatte, Roanoke, Virginia.
Analyzing The Virginia Workers' Compensation Act's Governance Of Employer Non-Compliance, D. Paul Holdsworth
University of Richmond Law Review
No abstract provided.
Grow Up Virginia: Time To Change Our Filial Responsibility Law, 2016 University of Richmond School of Law
Grow Up Virginia: Time To Change Our Filial Responsibility Law, Sylvia Macon
University of Richmond Law Review
No abstract provided.