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Appeal No. 0874: Stonebridge Operating Co., Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-39 (suspension of operations); 2014-236, 2014-238,2014-239, 2014-241 (denials of plug-back permits); 2014-253, 2014-256 thru 2014-262 & 2014-264 thru 2014-266 (plug orders)

Appeal No. 0878: Stonebridge Operating Co., Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-39 (suspension of operations); 2014-236, 2014-238,2014-239, 2014-241 (denials of plug-back permits); 2014-253, 2014-256 thru 2014-262 & 2014-264 thru 2014-266 (plug orders)

Appeal No. 0871: Stonebridge Operating Co., Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-39 (suspension of operations); 2014-236, 2014-238,2014-239, 2014-241 (denials of plug-back permits); 2014-253, 2014-256 thru 2014-262 & 2014-264 thru 2014-266 (plug orders)

Appeal No. 0876: Stonebridge Operating Co., Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-39 (suspension of operations); 2014-236, 2014-238,2014-239, 2014-241 (denials of plug-back permits); 2014-253, 2014-256 thru 2014-262 & 2014-264 thru 2014-266 (plug orders)

Appeal No. 0877: Stonebridge Operating Co., Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-39 (suspension of operations); 2014-236, 2014-238,2014-239, 2014-241 (denials of plug-back permits); 2014-253, 2014-256 thru 2014-262 & 2014-264 thru 2014-266 (plug orders)

Appeal No. 0863: Stonebridge Operating Co., Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-39 (suspension of operations); 2014-236, 2014-238,2014-239, 2014-241 (denials of plug-back permits); 2014-253, 2014-256 thru 2014-262 & 2014-264 thru 2014-266 (plug orders)

Appeal No. 0873: Stonebridge Operating Co., Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-39 (suspension of operations); 2014-236, 2014-238,2014-239, 2014-241 (denials of plug-back permits); 2014-253, 2014-256 thru 2014-262 & 2014-264 thru 2014-266 (plug orders)

Appeal No. 0905: Virginia Ohio Oil Company, Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2015-43; William Hartley #1 Well

Appeal No. 0892: R.E. Disposal, Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-421

What Google Teaches Us About The Child Rights Movement, Yvonne Vissing, Sarah Burris, Quixada Moore-Vissing

Societies Without Borders

Technology both helps and hinders what we know about human rights. Use of Google is of central importance to both the Sociology of Knowledge and the creation of internet literacy. In this study, different search engines are compared regarding content of “child rights” in the fifty United States. Findings include: importance of algorithmic loading of sites; number of hits may not reflect the importance or accuracy of a topic; different search engines produce different findings; and personalized searches result in different results. Personalization of searches in accordance to one’s previous search history may result in people being given information that …

Empirical Study Redux On Choice Of Law And Forum In M&A: The Data And Its Limits, Kyle Chen, Harold S. Haller, Juliet P. Kostritsky, Wojbor A. Woyczynski

Faculty Publications

The legal community has long recognized that business corporations heavily favor Delaware as the state of incorporation. However, a recent study of merger agreements from 2002 by Eisenberg and Miller suggested that despite Delaware’s prominence as the place of incorporation, companies “flee” from Delaware with respect to both choice of law and forum, and instead prefer New York. We set out to study data from 343 merger and acquisitions contracted on between January 1, 2011 and June 30, 2011 in an attempt to verify this conjecture. Our study is important for two reasons. First, the 2011 data set show that …

The Paradox Of The Right To Contract: Noncompete Agreements As Thirteenth Amendment Violations, Ayesha B. Hardaway

Faculty Publications

There is a growing trend across the nation for employers to require low-level, unskilled workers to execute noncompete agreements as a condition of being hired to work as an at-will employee. The application of noncompete agreements in low-wage positions occupied by unskilled workers is outside of the original scope and purpose of such agreements. These individuals lack both bargaining power and protection from being terminated without cause. Moreover, upon termination of their employment, the executed noncompete agreement can legally prevent these workers from securing employment with another company.

The enforcement of noncompete agreements in these circumstances may require low-level, unskilled …

The Power To Tax, Erik M. Jensen

Faculty Publications

The Power to Tax, chapter 1 in The Powers of the U.S. Congress: Where Constitutional Authority Begins and Ends, Brien Hallett, editor: Copyright © 2016 by ABC-CLIO LLC

This is a chapter in a book intended largely for an undergraduate audience. The chapter outlines the key terms necessary for understanding the congressional power to tax under the U.S. Constitution; the history and development of our understanding of that power; and the limitations (or possible limitations) on the power.

The Interaction Of Exhaustion And The General Law, Aaron K. Perzanowski, Ariel Katz, Guy A. Rub

Faculty Publications

In Statutory Domain and the Commercial Law of Intellectual Property, John Duffy and Richard Hynes argue that IP exhaustion — the doctrine that limits a patentee’s or copyright holder’s control over goods in the stream of commerce — was created and functions exclusively to confine IP law within its own domain and prevent it from displacing other laws.

In this essay, we explain why we are not persuaded. A central theme in Duffy and Haynes work is the argument that the common law did not play a role in the emergence and development of exhaustion. However, we show that the …

Secret Jurisdiction, Cassandra Burke Robertson, Irina D. Manta

Faculty Publications

So-called “confidentiality creep” after the events of 9/11 has given rise to travel restrictions that lack constitutionality and do nothing to improve airline security. The executive branch’s procedures for imposing such restrictions rely on several layers of secrecy: a secret standard for inclusion on the no-fly list, secret procedures for nominating individuals to the list, and secret evidence to support that decision. This combination results in an overall system we call “secret jurisdiction,” in which individuals wanting to challenge their inclusion on the list are unable to learn the specific evidence against them, the substantive standard for their inclusion on …

The Senate Has No Constitutional Obligation To Consider Nominees, Jonathan Adler

Faculty Publications

After the death of Justice Antonin Scalia, Senate Republicans announced they would refuse to consider any nomination for his seat on the Supreme Court prior to the next presidential election. In response, some have argued that the Senate has a constitutional obligation to act on a Supreme Court nomination. This argument finds no support in the relevant constitutional text, constitutional structure, or the history of judicial nominations. While there are strong policy and prudential arguments that the Senate should promptly consider any and all nominations to legislatively authorized seats on the federal bench, and on the Supreme Court in particular, …

State Power To Impose Capital Gains Taxes On Nonresidents: A Note On S. Corporations And Other Pass-Through Entities, Jonathan L. Entin

Faculty Publications

No abstract provided.

Mentally Ill Employees In The Workplace: Does The Ada Amendments Act Provide Adequate Protection?, Debbie N. Kaminer

Health Matrix: The Journal of Law-Medicine

The article examines the role played by Americans with Disabilities Act (ADA) in protection of mentally ill employees in the workplace.

Anti-Disruption Statutory Construction, Jonathan Adler

Faculty Publications

During his first ten years on the Supreme Court, Chief Justice John Roberts has adopted a pragmatic approach to statutory interpretation that appears to place a higher priority on avoiding disruptive consequences than on any particular interpretive methodology. Prepared for the symposium, “Ten Years the Chief: Examining a Decade of John Roberts on the Supreme Court,” at the Benjamin N. Cardozo School of Law, this brief essay argues that the Chief Justice’s approach to statutory interpretation exhibits a “Burkean minimalism” that seeks to reduce seismic effect of the Court’s decisions. In particular, the Chief Justice is drawn toward statutory interpretations …

Category Errors And Executive Power, Jonathan Adler

Faculty Publications

In the context of implementing the Affordable Care Act and the Clean Air Act, the Obama Administration has asserted not only the authority to determine when, and how stringently, to enforce relevant provisions, but also the authority to waive or delay legal obligations enacted by Congress. These actions have prompted accusations that the Administration is exceeding the proper bounds of executive authority. The ensuing debate – and litigation – over these actions has generated a good deal of confusion about the nature and scope of executive power. Commentators have often misunderstood or mischaracterized the nature of the acts taken and …

Counting Casualties In Communities Hit Hardest By The Foreclosure Crisis, Matthew Rossman

Faculty Publications

Recent statistics suggest that the U.S. housing market has largely recovered from the Foreclosure Crisis. A closer look reveals that the country is composed not of one market, but of thousands of smaller, local housing markets that have experienced dramatically uneven levels of recovery. Repeated waves of home mortgage foreclosures inundated certain communities (the “Hardest Hit Communities”), causing their housing markets to break rather than bend and resulting in what amounts to a permanent transition to a lower value plateau. Homeowners in these predominantly low and middle income and/or minority communities who endured the Foreclosure Crisis lost significant equity in …

Remarks, David Johnston Gov. Gen.

Canada-United States Law Journal

No abstract provided.

Securing Critical North American Infrastructure: A Comparatice Case Study In Cybersecurity Regulation, Scott J. Shackelford, Zachery Bohm

Canada-United States Law Journal

No abstract provided.

Canada V. United States Of America, Rosemary A. Mccarney

Canada-United States Law Journal

No abstract provided.

Expert Rountable Report On International Trade And North American Infrastructre, Expert Panel

Canada-United States Law Journal

No abstract provided.

Promise Utility Doctrine And Compatibility Doctrine Under Nafta: Expropriation And Chapter 11 Considerations, Freedom-Kai Phillips

Canada-United States Law Journal

No abstract provided.

Climate Change Negotiations: Legal And Other Issues On The Road To Paris, Susan Biniaz

Case Western Reserve Journal of International Law

This article is born of a panel discussion from September 18, 2015, regarding "Regulating and Treaty-Making: Addressing Climate Change under the Obama Presidency." The article examines issues that affected discussions shortly before the final negotiations at the United Nations Climate Change Conference in Paris in 2015.

President Obama's Approach To The Middle East And North Africa: Strategic Absence, Paul Williams

Case Western Reserve Journal of International Law

No abstract provided.

Reconciling Patent Law And Traditional Knowledge: Strategies For Countries With Traditional Knowledge To Successfully Protect Their Knowledge From Abuse, Ameera Haider

Case Western Reserve Journal of International Law

Traditional knowledge is a form of innovation that does not fit neatly into Western notions of property. Underdeveloped countries with significant traditional knowledge lack property protection for their traditional knowledge and are often not compensated for the technology arising from this form of knowledge. This Note outlines the tension arising from the differing incentives that underlie patent and traditional knowledge systems, and recommends methods of reconciling those tensions. First, this Note advocates that countries develop national libraries of the knowledge embodied in their staple agricultural products. Next, countries should create statutes to establish a method by which outside parties can …

Trying The Trial, Andrew S. Pollis

Faculty Publications

Lawyers routinely make strategic advocacy choices that reflect directly, if inferentially, on the credibility of their clients’ claims and defenses. But courts have historically been reluctant to admit evidence of litigation conduct, sometimes even expressing hostility at the very notion of doing so. This Article deconstructs that reluctance. It argues not only that litigation conduct has probative value, but also that there is social utility in subjecting lawyer behavior to juror scrutiny.