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Articles 661 - 690 of 11866
Full-Text Articles in Law
Identifying The Pillars Of A Pro-Solar Energy Policy: A Multi-State Survey Of Distributed Solar Energy Generation Laws, Samuel Moore
Identifying The Pillars Of A Pro-Solar Energy Policy: A Multi-State Survey Of Distributed Solar Energy Generation Laws, Samuel Moore
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Budding Marijuana Industry Meets Climate & Environmental Crisis: A Call To Legislative Action, Spencer Gill
Budding Marijuana Industry Meets Climate & Environmental Crisis: A Call To Legislative Action, Spencer Gill
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Parker Drilling Mgmt. Servs., Ltd. V. Newton: Drilling Down On The Law Of The Outer Continental Shelf, William Dakil
Parker Drilling Mgmt. Servs., Ltd. V. Newton: Drilling Down On The Law Of The Outer Continental Shelf, William Dakil
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
The Battle For Oil: Fighting Through Corruption & Changing Socio-Economic Landscapes To Win Over Africa’S Biggest Giants, Modupe Adamolekun
The Battle For Oil: Fighting Through Corruption & Changing Socio-Economic Landscapes To Win Over Africa’S Biggest Giants, Modupe Adamolekun
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction & Front Pages
Editor's Introduction & Front Pages
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Caution - Slow Progress Ahead: Accessing And Researching Tribal Court Opinions, Darla Jackson
Caution - Slow Progress Ahead: Accessing And Researching Tribal Court Opinions, Darla Jackson
Other Faculty Publications
No abstract provided.
Recent Case Decisions
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
The Aapl Form Joa And Non-Paying Participants—“Mr. Green Leisure Suit” Revisited, Paul G. Yale
The Aapl Form Joa And Non-Paying Participants—“Mr. Green Leisure Suit” Revisited, Paul G. Yale
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
A Framework For Responsible Solar Panel Waste Management In The United States, Meghan Mcelligott
A Framework For Responsible Solar Panel Waste Management In The United States, Meghan Mcelligott
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Watering The Forest For The Trees: An Examination Of Basin Groundwater Use And Management In Energy Producing States, Kimberly A. Wurtz
Watering The Forest For The Trees: An Examination Of Basin Groundwater Use And Management In Energy Producing States, Kimberly A. Wurtz
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
A Regulating And Watchful Law: Oil And Gas Conservation Law & The North Dakota Industrial Commission, Grayson P. Walker
A Regulating And Watchful Law: Oil And Gas Conservation Law & The North Dakota Industrial Commission, Grayson P. Walker
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Breaking Joint Venture Agreement Deadlocks: Before The Texas Shoot-Out, Try A Texas Shout-Out, Norman Nadorff, Quinncy Mcneal
Breaking Joint Venture Agreement Deadlocks: Before The Texas Shoot-Out, Try A Texas Shout-Out, Norman Nadorff, Quinncy Mcneal
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction & Front Pages, Veronica Threadgill
Editor's Introduction & Front Pages, Veronica Threadgill
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Attention Supplicants, Roger Michalski
Attention Supplicants, Roger Michalski
Other Faculty Publications
No abstract provided.
An Honor Or A Curse? The Untold Story Of Shortlisted Female Jurists, Melissa Mortazavi
An Honor Or A Curse? The Untold Story Of Shortlisted Female Jurists, Melissa Mortazavi
Other Faculty Publications
No abstract provided.
Covid-19, Telehealth, And Substance Use Disorders, Stacey A. Tovino
Covid-19, Telehealth, And Substance Use Disorders, Stacey A. Tovino
Faculty Articles
No abstract provided.
The Lesser Of Two Evils: Lowering The Constitutional Amendment Bar To Avoid An Unadaptable Constitution, Encouraged Judicial Activism, And Disrupted Federalism, Hayley Stillwell
The Lesser Of Two Evils: Lowering The Constitutional Amendment Bar To Avoid An Unadaptable Constitution, Encouraged Judicial Activism, And Disrupted Federalism, Hayley Stillwell
Faculty Articles
The Constitution has not been amended for nearly three decades. During this time, the line in the sand between political parties has morphed into an impenetrable wall that neither side can or is willing to breach. This begs the question whether the constitutional amendment process in Article V is presently functional. If Article V is no longer functional, then the constitutional amendment process itself needs to be amended. Drastic as this sounds, it is the lesser of two evils. The alternative—accepting that Article V is dead and the Constitution cannot be amended—will lead to a distorted world in which the …
In A World Of "Fake News," What's A Social Media Platform To Do?, Evelyn Aswad
In A World Of "Fake News," What's A Social Media Platform To Do?, Evelyn Aswad
Faculty Articles
While the circulation of disinformation and misinformation online can pose a variety of risks to societies around the world, it should also be of concern that overreacting to such false information can undermine human rights, including freedom of expression. The business operations of global social media platforms frequently intersect with this latter concern because of a spike in the adoption of national laws that ban “fake news” as well as their own platform policies to tackle false information. This Essay assesses the corporate responsibility standards afforded by the United Nations’ Guiding Principles on Business & Human Rights as well as …
Losing The Freedom To Be Human, Evelyn Aswad
Losing The Freedom To Be Human, Evelyn Aswad
Faculty Articles
In 2019, Apple’s CEO warned that contemporary business models, which are based on harvesting our personal data and monetizing everything we do online, violate our privacy and will eventually cause us “to lose the freedom to be human.” Others have taken this privacy concern a step further by questioning whether these business models undermine mental autonomy, i.e., the ability to think and form opinions. The burgeoning chorus of concerns has triggered a variety of high-profile calls to explore whether international human rights law protects against intrusions on the inner sanctum of one’s mind, particularly with respect to the business models …
To Protect Freedom Of Expression, Why Not Steal Victory From The Jaws Of Defeat?, Evelyn Aswad
To Protect Freedom Of Expression, Why Not Steal Victory From The Jaws Of Defeat?, Evelyn Aswad
Faculty Articles
Global social media platforms are grappling with whether to align their corporate speech codes with international human rights law. Facebook’s June 2019 report that summarized worldwide feedback about its proposed independent oversight board for content moderation noted a split in stakeholder opinions on this topic. The UN’s top expert on freedom of expression as well as many civil society members recommended that Facebook anchor its content moderation in the international human rights law regime. Others expressed concern that this legal regime would not be sufficiently protective of speech and contained inconsistencies that create problems for content moderation. Those concerns were …
Police Funding, Stephen Rushin, Roger Michalski
Police Funding, Stephen Rushin, Roger Michalski
Faculty Articles
A number of civil rights activists have called for the defunding or abolition of American police departments. These activists claim that the United States overinvests in police, leaving fewer scarce resources to support other government services. Activists also claim that overinvestment in policing contributes to higher rates of police misconduct and unnecessary criminalization, particularly in communities of color. This Article considers these calls for the defunding of police. It ultimately cautions against widespread defunding of police and offers an alternative proposal. Part I brings together multiple national databases on local government expenditures to evaluate empirically how states and municipalities fund …
Expedited Trial Programs In Federal Court: Why Won't Attorneys Get On The Fast Track?, Steven S. Gensler, Jason Cantone
Expedited Trial Programs In Federal Court: Why Won't Attorneys Get On The Fast Track?, Steven S. Gensler, Jason Cantone
Faculty Articles
No abstract provided.
Double Jeopardy’S Dual Sovereignty: A Tragic (And Implausible) Lack Of Humility, Stephen E. Henderson, Dean Strang
Double Jeopardy’S Dual Sovereignty: A Tragic (And Implausible) Lack Of Humility, Stephen E. Henderson, Dean Strang
Faculty Articles
The core proposition of the Fifth Amendment’s Double Jeopardy Clause is as intuitive as it is straightforward. After all, if a state could prosecute someone despite her previous conviction or acquittal, then the scope of punishment would be unlimited and its threat unending—the sort of proposition only a tyrant could love. Yet, in Gamble v. United States, the Supreme Court once again blessed a dual sovereignty exception that permits just such duplicative prosecutions. We hardly are the first to question this rule, but we submit the Court’s most recent primary mistakes were two. First, the Court began from a …
Double Standards: An Empirical Study Of Patent And Trademark Discipline, Jon J. Lee
Double Standards: An Empirical Study Of Patent And Trademark Discipline, Jon J. Lee
Faculty Articles
Our legal system is built on the foundation that lawyers have a number of coexisting and sometimes conflicting duties — to their clients, to others who might be affected by their practice, and to the effective and equitable administration of justice. While most lawyers fulfill these duties ethically, invariably some fail to live up to these expectations. For this reason, all states have created disciplinary authorities to regulate and sanction lawyer misconduct. The United States Patent and Trademark Office (“USPTO”) is one of the few agencies to have developed its own disciplinary system for policing the conduct of trademark attorneys …
Demystifying Unconscionability: An Historical And Empirical Analysis, Brian Mccall
Demystifying Unconscionability: An Historical And Empirical Analysis, Brian Mccall
Faculty Articles
The doctrine of unconscionability is encrusted with myths. First year law students are taught that the doctrine was created in the twentieth century. Unconscionability is often presented as a novel one, born in the Uniform Commercial Code’s adoption of Section 2-302 in the mid-twentieth century. Even those scholars who are willing to look a bit further afield than the twentieth century for the origins of the unconscionability doctrine typically only reach the mid eighteenth century. In addition to myths surrounding its origin, the doctrine has been presented as a dangerously vague and imprecise concept. Commentators and scholars have likewise characterized …
What Good Is John Finnis? Assessing The Personal And Common Good In Natural Law And Natural Rights, Brian Mccall
What Good Is John Finnis? Assessing The Personal And Common Good In Natural Law And Natural Rights, Brian Mccall
Faculty Articles
No abstract provided.
Evidentiary Irony And The Incomplete Rule Of Completeness: A Proposal To Amend Federal Rule Of Evidence 106, Daniel J. Capra, Liesa L. Richter
Evidentiary Irony And The Incomplete Rule Of Completeness: A Proposal To Amend Federal Rule Of Evidence 106, Daniel J. Capra, Liesa L. Richter
Faculty Articles
In recent years, there have been many calls and suggestions for a more equitable criminal justice system. Although sometimes overlooked in that dialogue, the fair operation of the Federal Rules of Evidence is a crucial component in ensuring such an equitable system. Unfortunately, the interpretation of Federal Rule of Evidence 106 in some jurisdictions permits unjust results, particularly for criminal defendants seeking to rely upon the Rule. Rule 106, also known as the “rule of completeness,” is premised upon notions of fundamental fairness and ostensibly permits a party to force its adversary to introduce the remainder of a written or …
Privately Ordered Fiduciaries, Megan Wischmeier Shaner
Privately Ordered Fiduciaries, Megan Wischmeier Shaner
Faculty Articles
There exists a disconnect in corporate law between the outsized role officers play in managing the corporation and the scant attention these actors receive in statutes and case law. Out of the doctrinal void, a proposal by the ABA’s Officer Liability Task Force has emerged. Seizing on the private ordering movement in corporate law, the Task Force proposes contractual means for addressing the uncertainty surrounding the duties of officers. The Task Force’s proposal extends private ordering in a radical new direction, taking aim at bedrock principles of corporate law – fiduciary duties and the business judgment rule. This article takes …
The Corporate Chameleon, Megan Wischmeier Shaner
The Corporate Chameleon, Megan Wischmeier Shaner
Faculty Articles
Who is an “officer” of a corporation? That is the straightforward, yet complex, question this Article seeks to examine and answer. Corporate law contemplates three distinct actors involved in the governance of the corporation–directors, stockholders, and officers. State corporate statutes make clear the identities of the first two actors, yet “officer” is left relatively undefined. The definitional uncertainty surrounding “officer” results in individuals moving in and out of officer status in a chameleon-like fashion. The variable nature of “officer” in corporate law is problematic because officer status carries with it distinct legal consequences. Linguistic precision is vital to the development, …
Assumed Compliance, Stacey A. Tovino