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Full-Text Articles in Law

Liquidated Damages As Prima Facie Evidence, James Patrick Fenton Oct 1975

Liquidated Damages As Prima Facie Evidence, James Patrick Fenton

Indiana Law Journal

No abstract provided.


Implied Covenant Of Development And Further Exploration - Dilemma Or Solution., James Irwin Calk Mar 1975

Implied Covenant Of Development And Further Exploration - Dilemma Or Solution., James Irwin Calk

St. Mary's Law Journal

The typical oil and gas lease does not specifically enumerate the lessee’s obligations regarding development and further exploratory activity after initial production has been achieved on the lease. However, several jurisdictions, including Texas, have found these obligations as implied under a general covenant of development. The majority standard in determining a breach of this covenant is the reasonable prudent operator rule. Most importantly, can the operator reasonably expect profits from further exploration. In Texas, the burden of proving an expectation of profits falls on the lessor. However, as the Texas Supreme Court has not fully addressed the issue, there may …


The Constitutionality Of The Per Se Rule In Criminal Antitrust Prosecutions, James J. Brosnahan, William J. Dowling Iii Jan 1975

The Constitutionality Of The Per Se Rule In Criminal Antitrust Prosecutions, James J. Brosnahan, William J. Dowling Iii

Santa Clara Law Review

No abstract provided.