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Articles 931 - 960 of 11880
Full-Text Articles in Law
Quaking In Their Boots: Oklahoma Landowners And Regulators Left With An Uncertain Future After Murr V. Wisconsin, Collin Mccarthy
Quaking In Their Boots: Oklahoma Landowners And Regulators Left With An Uncertain Future After Murr V. Wisconsin, Collin Mccarthy
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Oil States Energy Services V. Greene’S Energy Group: The Future Of Inter Partes Review And Its Impact On The Energy Sector, Megan Douglah
Oil States Energy Services V. Greene’S Energy Group: The Future Of Inter Partes Review And Its Impact On The Energy Sector, Megan Douglah
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
The Death Of The Joint Venture Exemption In Oil And Gas Securities Regulation, Megan Conner
The Death Of The Joint Venture Exemption In Oil And Gas Securities Regulation, Megan Conner
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction, Mason W. Smith
Editor's Introduction, Mason W. Smith
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Co-Parenting Woes: There's An App For That, Darla Jackson, Jim Calloway
Co-Parenting Woes: There's An App For That, Darla Jackson, Jim Calloway
Other Faculty Publications
No abstract provided.
Recent Case Decisions
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
From The Drake Well To The Santa Rita #1: The History Of The U.S. Permian Basin: A Miracle Of Technological Innovation, Joseph R. Dancy
From The Drake Well To The Santa Rita #1: The History Of The U.S. Permian Basin: A Miracle Of Technological Innovation, Joseph R. Dancy
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Update On Oklahoma Oil And Gas Royalty Litigation, Pamela S. Anderson
Update On Oklahoma Oil And Gas Royalty Litigation, Pamela S. Anderson
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction, Mason W. Smith
Editor's Introduction, Mason W. Smith
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
The Architecture Of Law: Rebuilding Law In The Classical Tradition, Brian Mccall
The Architecture Of Law: Rebuilding Law In The Classical Tradition, Brian Mccall
Faculty Books and Book Chapters
What is law? How should law be made? Using St. Thomas Aquinas’s analogy of God as an architect, Brian McCall argues that classical natural law jurisprudence provides an answer to these questions far superior to those provided by legal positivism or the “new” natural law theories. The Architecture of Law explores the metaphor of law as an architectural building project, with eternal law as the foundation, natural law as the frame, divine law as the guidance provided by the architect, and human law as the provider of the defining details and ornamentation. Classical jurisprudence is presented as a synthesis of …
Goldilocks And The Rule 803 Hearsay Exceptions, Liesa L. Richter
Goldilocks And The Rule 803 Hearsay Exceptions, Liesa L. Richter
Faculty Articles
Criticism of the hearsay exceptions embodied in the Federal Rules of Evidence has reached a fever pitch in recent years. With scholars calling for the abrogation of the entire hearsay regime or of individual exceptions within it and the Advisory Committee on Evidence Rules exploring hearsay amendments, the time for genuine hearsay soul-searching may be at hand. This Article suggests that aggressive proposals to scuttle existing doctrine entirely in favor of alternative approaches to hearsay are overly broad, rejecting the benefits of significant portions of existing doctrine that are functioning well and threatening costly consequences that could make matters worse …
Police Executive Opinions Of Legal Regulation, Roger Michalski, Stephen Rushin
Police Executive Opinions Of Legal Regulation, Roger Michalski, Stephen Rushin
Faculty Articles
By conducting a national survey, this Article empirically assesses how American police leaders perceive external legal regulation. At various times, policymakers have decried external police regulations as too expensive, too complicated, or too difficult to apply to different factual scenarios. Critics have also alleged that police regulations change too frequently, inadequately consider input from the law enforcement community, and unduly risk the safety of officers or the broader community. These complaints underscore an uncomfortable, but unavoidable reality: efforts to regulate police behavior often require policymakers to make compromises. A rule that promotes one goal may necessarily compromise another important goal. …
A Citizenship Market, Kit Johnson
A Citizenship Market, Kit Johnson
Faculty Articles
Imagine a global marketplace in which private citizens could freely swap their citizenship. Participants might agree on a pure one-for-one trade or a swap with a cash payment on one side of the deal. What might the implications of such a citizenship market be? This Article explores the possibilities in terms of individual rights and economic efficiency. The United States already comes close to selling citizenship—by prioritizing investors who bring capital with them and by pursuing reforms to quantify would-be migrants’ potential economic contributions. Other governments go further, issuing a passport in return for a cash payment. Yet these government-directed …
Originalism And Indians, M. Alexander Pearl
Originalism And Indians, M. Alexander Pearl
Faculty Articles
Indian tribes, in the context of US. constitutional theory, do not fit. They are an anomaly in American governmental structure. Tribal governments exist today within the constitutional framework of the United States only by virtue of acrobatic displays of rhetorical legal reasoning and mythologized interpretations of history. Originalist theory can provide a clear exit from the inconsistencies and inaccuracies underlying the foundation of federal Indian law. Typically, scholars embracing an originalist position are thought of as conservative. A conservative position is typically associated with opposition to tribal sovereignty. In contrast to those traditional views, I argue that an originalist view …
Hands On The Wheel: A Call For Greater Regulation Of Semi-Autonomous Cars, Tracy Hresko Pearl
Hands On The Wheel: A Call For Greater Regulation Of Semi-Autonomous Cars, Tracy Hresko Pearl
Faculty Articles
The United States is in the midst of a driverless car revolution. Semi-autonomous cars — those that can steer, accelerate, and brake on their own under certain circumstances — are already available to consumers. Fully autonomous cars will be available within the decade. The federal government and states throughout the nation have responded to these developments by rushing to pass laws designed to regulate the fully autonomous cars that are coming while largely ignoring the semi-autonomous cars that are already on U.S. roads. This is an extremely troubling oversight. New studies suggest that semi-autonomous vehicles are likely far more dangerous …
Measuring Law School Clinics, Colleen Shanahan, Jeffrey Selbin, Alyx Mark, Anna Carpenter
Measuring Law School Clinics, Colleen Shanahan, Jeffrey Selbin, Alyx Mark, Anna Carpenter
Faculty Articles
Legal education reformers have long argued that law school clinics address two related needs: first, clinics teach students to be lawyers; and second, clinics serve low-income clients. In clinics, so the argument goes, law students working under the close supervision of faculty members learn the requisite skills to be good practitioners and professionals. In turn, clinical law students serve clients with civil and criminal justice needs that would otherwise go unmet. Though we have these laudable teaching and service goals — and a vast literature describing the role of clinics in both the teaching and service dimensions — we have …
Police Ignorance And Mistake Of Law Under The Fourth Amendment, Eang Ngov
Police Ignorance And Mistake Of Law Under The Fourth Amendment, Eang Ngov
Faculty Articles
No abstract provided.
Fourth Amendment Anxiety, Kiel Brennan-Marquez, Stephen E. Henderson
Fourth Amendment Anxiety, Kiel Brennan-Marquez, Stephen E. Henderson
Faculty Articles
In Birchfield v. North Dakota (2016), the Supreme Court broke new Fourth Amendment ground by establishing that law enforcement’s collection of information can be cause for “anxiety,” meriting constitutional protection, even if subsequent uses of the information are tightly restricted. This change is significant. While the Court has long recognized the reality that police cannot always be trusted to follow constitutional rules, Birchfield changes how that concern is implemented in Fourth Amendment law, and importantly, in a manner that acknowledges the new realities of data-driven policing. Beyond offering a careful reading of Birchfield, this Article has two goals. First, …
A Few Criminal Justice Big Data Rules, Stephen E. Henderson
A Few Criminal Justice Big Data Rules, Stephen E. Henderson
Faculty Articles
As with most new things, the big data revolution in criminal justice has historic antecedents—indeed, a 1965 Presidential Commission called for some of the same data analysis that police departments and courts are today developing and implementing. But there is no doubt we are on the precipice of a criminal justice data revolution, and it is a good time to take stock and to begin developing guidelines so that, as much as possible, criminal justice systems might reap the benefits and avoid the pitfalls of this newly data-centric world. In that spirit, I propose ten high-level rules to guide criminal …
Imputing Regulatory Failures In Oil And Gas Licensing: A Discussion And Proposal, Joseph Schremmer
Imputing Regulatory Failures In Oil And Gas Licensing: A Discussion And Proposal, Joseph Schremmer
Faculty Articles
This Article argues that the Commission's legitimate interest in enforcing its oil and gas regulations, especially including well-plugging regulations, does not justify absolute imputation of regulatory liability to third-party operators under Kan. Stat. Ann. § 55-155(c)(4). But, under certain circumstances, the state's interest may justify imputing personal liability on the individual constituents of a license applicant where the individual is culpable for the underlying regulatory violation or the applicant has a business connection with the operator primarily responsible for the violation, and the competing public policies of groundwater protection and limited liability justify the imputation. This Article proposes a procedural …
The Clash Of Procedural Values, Roger Michalski
The Clash Of Procedural Values, Roger Michalski
Faculty Articles
Should civil litigation be fast, inexpensive or accurate? When these goals clash, which one should prevail? These questions are the subject of countless court opinions, policy arguments, academic debates, and civil procedure exams. Yet discussion of procedural values to date has taken place in the dark, lacking vital information about which procedural values matter to actual litigants. This Article fills that void with empirical analysis. It analyzes an original dataset based on 1200 surveys mailed to a broad range of litigants and judges asking for their views on procedural values. It interprets survey responses by introducing to legal scholarship a …
Improving Tax Rules By Means-Testing: Bridging Wealth Inequality And “Ability To Pay”, James M. Puckett
Improving Tax Rules By Means-Testing: Bridging Wealth Inequality And “Ability To Pay”, James M. Puckett
Oklahoma Law Review
No abstract provided.
Legalzoom, Make Room: A La Carte Legal Services And Limited Representation Can Help Lawyers To Serve Budget-Conscius Clients, Darla Jackson
Legalzoom, Make Room: A La Carte Legal Services And Limited Representation Can Help Lawyers To Serve Budget-Conscius Clients, Darla Jackson
Other Faculty Publications
No abstract provided.
Opportunities & Anxieties: A Study Of International Students In The Trump Era, Kit Johnson
Opportunities & Anxieties: A Study Of International Students In The Trump Era, Kit Johnson
Faculty Articles
No abstract provided.
Human Rights, Indigenous Peoples, And The Global Climate Crisis, M. Alexander Pearl
Human Rights, Indigenous Peoples, And The Global Climate Crisis, M. Alexander Pearl
Faculty Articles
The global climate crisis is an ongoing event the likes of which we have yet to experience. The science is clear, the phenomenon is traceable, and the effects are far-reaching. But, the consequences of the climate crisis affect particular populations more so than others, and often times the affected populations are voiceless. Among those most impacted are indigenous peoples. Indigenous peoples stand in a unique place in the context of climate change. In general, indigenous peoples have a comprehensive relationship with their place and surroundings, which incorporates culture, livelihood, economy, and a defining sense of self. Land and resources are …
Remarks On Patient Privacy: Problems, Perspectives, And Opportunities, Stacey A. Tovino
Remarks On Patient Privacy: Problems, Perspectives, And Opportunities, Stacey A. Tovino
Faculty Articles
No abstract provided.
How The Trump Administration Can Inform Its Indian Land Policies In Light Of Historical Breakdowns, Shae Weathersbee
How The Trump Administration Can Inform Its Indian Land Policies In Light Of Historical Breakdowns, Shae Weathersbee
American Indian Law Review
No abstract provided.
Tribal Cannabis: Solution To Oklahoma Public Education Underfunding, Kaimbri White
Tribal Cannabis: Solution To Oklahoma Public Education Underfunding, Kaimbri White
American Indian Law Review
No abstract provided.
Traditional Jurisprudence And Protection Of Our Society: A Jurisgenerative Tail, Gregory H. Bigler
Traditional Jurisprudence And Protection Of Our Society: A Jurisgenerative Tail, Gregory H. Bigler
American Indian Law Review
No abstract provided.
Extending Tribal Criminal Jurisdiction Outside Of Indian Country: Kelsey V. Pope, Greg S. Keogh
Extending Tribal Criminal Jurisdiction Outside Of Indian Country: Kelsey V. Pope, Greg S. Keogh
American Indian Law Review
No abstract provided.