Law Commons^™

The Takings Clause As A Comparative Right, John Fee

Faculty Scholarship

No abstract provided.

Fisheries In Sundarbans: Problems And Prospects, Ganesh Chandra, R L. Sagar

Ganesh Chandra

Sundarbans, the largest delta on the planet earth is famous for its marine and estuarine fish resources. A large population is dependent on fishery activity and capture fisheries is treated as the backbone of Sundarban economy. Sundarban boast around 172 species of fishes, 20 species of prawn and 44 species of crabs including two edible crabs. But fisheries in Sundarbans faces some difficult problems which have an impact on the biodiversity, sustainability and livelihood of fish resources and fisher folk viz. shrinking tiger prawn population, indiscriminate fish seed collection, lack of post harvest and other infrastructures, natural calamities such as …

Real Property, Linda S. Finley, Scott H. Michalove, James S. Trieschmann Jr.

Mercer Law Review

This Article discusses case law and legislative developments in Georgia real property law during the current survey period. Since the last survey period, a stringent predatory lending law has come and gone, and the courts have decided numerous cases with real property issues. Not every case decided nor every statute enacted can be discussed. The cases and legislation discussed below were chosen for their significance to real property law and their significance to any attorney who either regularly, or from time to time, practices in the field of real property.

It's Personal But Is It Mine? Toward Property Rights In Personal Information, Vera Bergelson

Rutgers Law School (Newark) Faculty Papers

"It's Personal But Is It Mine? Toward Property Rights in Personal Information" discusses the disturbing erosion of privacy suffered by the American society in recent years due to citizens' loss of control over their personal information. This information, collected and traded by commercial enterprises, receives almost no protection under current law. I argue that, in order to protect privacy, individuals need to secure control over their information by becoming its legal owners. In this article, I confront two fundamental questions that have not been specifically addressed in the privacy literature before: why property is the most appropriate regime for regulating …

The Like Kind Exchange: A Current Review, Stefan F. Tucker

William & Mary Annual Tax Conference

No abstract provided.

Recent Developments Affecting Real Estate And Pass-Through Entities, Stefan F. Tucker, Jeffrey S. Clark

William & Mary Annual Tax Conference

No abstract provided.

Agenda: Workshop On Directional Drilling In The Rocky Mountain Region, University Of Colorado Boulder. Natural Resources Law Center, Colorado School Of Mines

Workshop on Directional Drilling in the Rocky Mountain Region (November 13)

The Rocky Mountain region is seeing a large increase in the amount of exploration and production of oil and gas resources. Many people are interested in the use of directional and horizontal drilling technology but not much is understood about these technologies outside of the oil and gas industry. Many hold out the promise that directional drilling can minimize environmental impacts and the footprint of development. The technological, environmental, legal and policy implications of directional drilling for oil and gas in the Rocky Mountain region are the focus of this workshop.

Slides: Untitled [British Petroleum], Rusty Riese

Workshop on Directional Drilling in the Rocky Mountain Region (November 13)

Presenter: Dr. Rusty Riese, Consulting Geologist, BP American Production Co.

6 slides

Abstract: For companies doing directional drilling, what are the direct and indirect costs and benefits? When is it economical and what factors does industry take into account in making the decision to utilize directional drilling?

Slides: Untitled [Colorado Attorney General's Office], Carol Harmon

Workshop on Directional Drilling in the Rocky Mountain Region (November 13)

Presenter: Carol Harmon, Colorado Attorney General's Office

8 slides

Abstract: When does the State require directional drilling? Can landowners require it in Surface Use Agreements? What does Colorado's version of the accommodation doctrine mean for directional drilling?

Slides: Untitled [Western Resource Advocates], Mike Chiropolos

Workshop on Directional Drilling in the Rocky Mountain Region (November 13)

Presenter: Mike Chiropolos, Attorney, Western Resource Advocates

10 slides

Abstract: What are the environmental considerations involved with directional drilling? How should the NEPA analysis take this technology into account? When should it be analyzed as an alternative to conventional vertical drilling?

Notes From The Directional Drilling Workshop, University Of Colorado Boulder. Natural Resources Law Center

Workshop on Directional Drilling in the Rocky Mountain Region (November 13)

20 pages

"These notes were taken by one of our law students attending the workshop. They are not a verbatim transcript and they were not supplied by, and may not have been reviewed by, the speakers. There may be errors or gaps in the notes and for these we apologize in advance. Where the speaker provided an abstract of their talk, these are included and noted as such."

Slides: Encana, John Moran

Workshop on Directional Drilling in the Rocky Mountain Region (November 13)

Presenter: John Moran, Reservoir Engineer, Encana Oil & Gas

23 slides

Abstract: For companies doing directional drilling, what are the direct and indirect costs and benefits? When is it economical and what factors does industry take into account in making the decision to utilize directional drilling?

Slides: Directional Drilling: The Promise And The Peril, Alfred W. Eustes Iii

Workshop on Directional Drilling in the Rocky Mountain Region (November 13)

Presenter: Dr. Bill Eustes, Ph.D., P.E., Department of Petroleum Engineering, Colorado School of Mines, Golden, CO

63 slides

Abstract: What is it, where can it be done and how does it fit into full field development for oil and gas? This segment will set the foundation and bring everyone up to a basic level of understanding of the technology of directional drilling.

Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

No abstract provided.

Real Estate Law, Brian R. Marron, Christopher M. Gill

University of Richmond Law Review

No abstract provided.

Gao's Recent Report On The Implementation Of Exec. Order 12630 And The State Of Federal Agency Protections Of Private Property Rights: Hearing Before The H. Subcomm. On The Judiciary, 108th Cong., Oct. 16, 2003 (Statement Of John D. Echeverria, Exec. Dir., Georgetown Environmental Law & Policy Inst., Geo. U. L. Center), John D. Echeverria

Testimony Before Congress

No abstract provided.

Take It Or Leave It: The Supreme Court's Regulatory Takings Jurisprudence After Tahoe-Sierra, Justin W. Stemple

William & Mary Environmental Law and Policy Review

No abstract provided.

Of Property And Antiproperty, Abraham Bell, Gideon Parchomovsky

Michigan Law Review

Private property is widely perceived as a potent prodevelopment and anticonservationist force. The drive to accumulate wealth through private property rights is thought to encourage environmentally destructive development; legal protection of such property rights is believed to thwart environmentally friendly public measures. Indeed, property rights advocates and environmentalists are generally described as irreconcilable foes. This presumed clash often leads environmentalists to urge public acquisition of private lands. Interestingly, less attention is paid to the possibility that the government may prove no better a conservator than private owners. Government actors often mismanage conservation properties, collaborating with private developers to dispose of …

The "No Property" Problem: Understanding Poverty By Understanding Wealth, Jane Baron

ExpressO

No abstract provided.

I Do! Or Do I? A Practical Guide To Love, Courtship, And Heartbreak In New York – Or – Who Gets The Ring Back Following A Broken Engagement?, Adam D. Glassman

Buffalo Women's Law Journal

No abstract provided.

The Lessened Lis Pendens, Roger Bernhardt

Publications

This article warns attorneys to advise their clients to think twice before recording that lis pendens. Two California cases demonstrate that attempts to obtain a lis pendens may be worse than ineffective, and quite dangerous, leading to liability for attorney fees and compensatory and punitive damages.

Summary Of Keife V. Logan, 119 Nev. Adv. Op. No. 41, James Davis

Nevada Supreme Court Summaries

Appeal from an order of the Second Judicial District Court, State of Nevada, finding that Defendant and underlying landowner was the rightful owner of a former railroad right-of-way under 43 U.S.C.S. §912, because the underlying landowner had purchased the underlying land and right-of-way from the railroad, which had been granted the right-of-way by the United States.

Summary Of Evans V. Samuels, 119 Nev. Adv. Op. No. 42, Hilary Barrett

Nevada Supreme Court Summaries

Appeal from a district court order granting summary judgment in a quiet title action.

Summary Of Schneider V. County Of Elko, 119 Nev. Adv. Op. No. 43, Hilary Barrett

Nevada Supreme Court Summaries

Appeal from a district court order dismissing a property owner’s complaint for failure to state a claim upon which relief can be granted.

Takings Formalism And Regulatory Formulas: Exactions And The Consequences Of Clarity, Mark Fenster

ExpressO

A vocal minority of the U.S. Supreme Court recently announced its suspicion that lower courts and state and local administrative agencies are systematically ignoring constitutional rules intended to limit, through heightened judicial review, exactions as a land use regulatory tool. Exactions are the concessions local governments require of property owners as conditions for the issuance of the entitlements that enable the intensified use of real property. In two cases decided over the past two decades, Nollan v. California Coastal Commission (1987) and Dolan v. City of Tigard (1994), the Court has established under the Takings Clause a logic and metrics …

Day 3. Wednesday, August 13, 2003: Coalbed Methane Development, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

10 pages (includes color illustrations and maps).

Difused Surface Water: Reasonable Use Has Become The Common Enemy, Wendy B. Davis

ExpressO

Diffused surface water, caused by precipitation, should be treated as a necessary asset to replenish aquifers used for drinking water, and not as waste to be disposed of by landowners. Groundwater aquifers were created, and can only be replenished, by precipitation that is allowed to seep underground. Ninety-nine percent of the drinking water for people in rural areas of America comes from groundwater aquifers. These aquifers are in danger of being contaminated or depleted, which could result in severe water shortages very soon. Legislators have failed to enact a comprehensive system to regulate the use of aquifers, relying instead on …

Balancing The Automatic Stay, Roger Bernhardt, James Stillman

Publications

This article discusses a Ninth Circuit Bankruptcy Appellate Panel decision holding that purchasers at a trustee sale can successfully have the stay that originally prohibited the sale annulled if the court finds that the equities are in their favor.

Failing Grade: Our Irrelevant Bar Exam, Roger Bernhardt

Publications

This article criticizes the California Bar Exam’s testing of real property. The author argues that the Exam fails to test modern issues relevant to everyday practice.

Reconciling Human Rights And Sovereignty: A Framework For Global Property Law, Christopher Saporita

Indiana Journal of Global Legal Studies

No abstract provided.