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- Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11) (12)
- New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10) (11)
- Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25) (7)
- LLM Theses and Essays (4)
- Faculty Publications (2)
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- Faculty Scholarship (2)
- Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10) (2)
- All Faculty Scholarship (1)
- Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7) (1)
- Journal Articles (1)
- Law Faculty Scholarly Articles (1)
- Publications (1)
- Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11) (1)
- Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4) (1)
Articles 1 - 30 of 47
Full-Text Articles in Law
The Case For American Muslim Arbitration, Rabea Benhalim
The Case For American Muslim Arbitration, Rabea Benhalim
Publications
This Article advocates for the creation of Muslim arbitral tribunals in the United States. These tribunals would better meet the needs of American Muslims, who currently bring their religious disputes to informal forums that lack transparency. Particularly problematic, these existing forums often apply legal precedent developed in majority-Muslim nations, without taking into consideration the changed circumstances of Muslim living as minorities in the United States. These interpretations of Islamic law can have especially negative impacts on women. American Muslim arbitration tribunals offer the potential to correct these inadequacies. Furthermore, a new arbitral system could better meet the needs of sophisticated …
The Sharing Economy And The Edges Of Contract Law: Comparing U.S. And U.K. Approaches, Miriam A. Cherry
The Sharing Economy And The Edges Of Contract Law: Comparing U.S. And U.K. Approaches, Miriam A. Cherry
Faculty Publications
Technology and the rise of the on-demand or sharing economy have created new and diverse structures for how businesses operate and how work is conducted. Some of these matters are intermediated by contract, but in other situations, contract law may be unhelpful. For example, contract law does little to resolve worker classification problems on new platforms, such as ridesharing applications. Other forms of online work create even more complex problems, such as when work is disguised as an innocuous task like entering a code or answering a question, or when work is gamified and hidden as a leisure activity. Other …
A Story Of Three Bank-Regulatory Legal Systems: Contract, Financial Management Regulation, And Fiduciary Law, Tamar Frankel
A Story Of Three Bank-Regulatory Legal Systems: Contract, Financial Management Regulation, And Fiduciary Law, Tamar Frankel
Faculty Scholarship
How should banks be regulated to avoid their failure? Banks must control the risks they take with depositors' money. If depositors lose their trust in their banks, and demand their money, the banks will fail. This article describes three legal bank regulatory systems: Contract with depositors (U.S.); a mix of contract and trust law, but going towards trust (Japan), and a full trust-fiduciary law regulating banks (Israel). The article concludes that bank regulation, which limits the banks' risks and conflicts of interest, helps create trustworthy banks that serve their country best.
Elhauge On Tying: Vindicated By History, Barak D. Richman, Steven W. Usselman
Elhauge On Tying: Vindicated By History, Barak D. Richman, Steven W. Usselman
Faculty Scholarship
No abstract provided.
Lock-Up Creep, Christina M. Sautter, Steven M. Davidoff
Lock-Up Creep, Christina M. Sautter, Steven M. Davidoff
Journal Articles
The article discusses a reported increase in the number of merger agreement lock-ups that have occurred as of June 2013, focusing on the causes of lock-up creep and its potential impact on the takeover market. It states that lock-up creep is a phrase that is used to describe a rise in the number and type of merger agreement contractual devices that buyers and sellers negotiate in an acquisition agreement. Attorney negotiations, bidders, and various legal cases are examined.
United States Sovereign Debt: A Thought Experiment On Default And Restructuring, Charles W. Mooney Jr.
United States Sovereign Debt: A Thought Experiment On Default And Restructuring, Charles W. Mooney Jr.
All Faculty Scholarship
This chapter adopts the working assumption that it is conceivable that at some time in the future it would be in the interest of the United States to restructure its sovereign debt (i.e., to reduce the principal amount). It addresses in particular U.S. Treasury Securities. The chapter first provides an overview of the intermediated, tiered holding system for book-entry Treasuries. For the first time the chapter then explores whether and how—logistically and legally—such a restructuring could be effected. It posits the sort of dire scenario that might make such a restructuring advantageous. It then outlines a novel scheme …
Fact Sheet: Study Of Long-Term Augmentation Options For The Water Supply Of The Colorado System, Black & Veatch, Ch2m Hill
Fact Sheet: Study Of Long-Term Augmentation Options For The Water Supply Of The Colorado System, Black & Veatch, Ch2m Hill
Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)
1 page.
"March 2008"
Material submitted by Les Lampe, Colorado River Water Consultants, for "Augmentation Options" program, Session 3: Mapping a New Course, Panel F: Some Policy Options and Solutions.
Colorado River Water Consultants is a project-specific partnership of engineering firms Black & Veatch and CH2MHill.
Slides: Law Of Colorado River: Where We Are, Where We Are Going, Steven M. Fitten
Slides: Law Of Colorado River: Where We Are, Where We Are Going, Steven M. Fitten
Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)
Presenter: Steven M. Fitten, Chief Counsel, International Boundary and Water Commission (IBWC)
14 slides
The Unconscionability Game: Strategic Judging And The Development Of Federal Arbitration Law, Aaron-Andrew P. Bruhl
The Unconscionability Game: Strategic Judging And The Development Of Federal Arbitration Law, Aaron-Andrew P. Bruhl
Faculty Publications
This Article uses recent developments in the enforcement of arbitration agreements to illustrate one way in which strategic dynamics can drive doctrinal change. In a fairly short period of time, arbitration has grown from a method of resolving disputes between sophisticated business entities into a phenomenon that pervades the contemporary economy. The United States Supreme Court has encouraged this transformation through expansive interpretations of the Federal Arbitration Act. But not all courts have embraced arbitration so fervently, and therefore case law in this area is marked by tension and conflict. The thesis of this Article is that we can better …
International Arbitration And Procedures To Enforce Awards In The Relationship Between The United States And Germany, Michael Kronenburg
International Arbitration And Procedures To Enforce Awards In The Relationship Between The United States And Germany, Michael Kronenburg
LLM Theses and Essays
Arbitration has long been regarded as a process that combines finality of decision with speed, low expense, and flexibility in solving problems. For these reasons, arbitration is often favored over litigation for dispute resolution. Particularly in international cases, a businessman may avoid litigation in a foreign country for various reasons: he may be unfamiliar with the proceedings; he may be afraid to find a “forum hostile” because of the different legal and cultural background of the judges; and he may wish to avoid the uncertainty concerning the law arising from the contract. Arbitration proceedings have been held constitutional by the …
United States Government Contract: The Unilateral Act Of Government Contracting, Sawvalak Chulpongstorn
United States Government Contract: The Unilateral Act Of Government Contracting, Sawvalak Chulpongstorn
LLM Theses and Essays
The debarment, suspension, and termination of the Government contract can cause a sudden financial ruin or bankruptcy of the contractor. Consequently, the question of whether the Government’s debarment, suspension, and termination is proper can be of vital importance. This thesis, in consequence, will focus on two major problem areas of the unilateral act of the government in contracting with the contractor. The first problem area is whether the debarment and suspension meet the requirement of due process of law. The second problem area is whether or not the government’s right to terminate the contract is proper or legal in specific …
Essential Functional Issues In Nepalese Contract Law: A Comparison With United States Law, Tribhuban Dev Bhatta
Essential Functional Issues In Nepalese Contract Law: A Comparison With United States Law, Tribhuban Dev Bhatta
LLM Theses and Essays
American and Nepalese contract law may be put at two ends of spectrum. The former legal system is a long parent system. This comparative study will probe some of the causes of the stasis in Nepalese contract law by examining the Contract Act, cases adjudicated under it, and related provisions of the other laws. The inquiry is restricted to certain selected areas of functional interest form a Nepalese perspective and does not purport to examine interest interrelated doctrinal or other areas with equal thoroughness. The approach throughout is to study the Anglo-American contract law on the subject and compare Nepalese …
Allocating Groundwater Among Nations, States And Tribes, Ann Berkley Rodgers, Carolyn J. Abeita
Allocating Groundwater Among Nations, States And Tribes, Ann Berkley Rodgers, Carolyn J. Abeita
Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)
70 pages.
Interpretation Of Contemporary Commercial Agreement A Comparative Study, Qing Cai
Interpretation Of Contemporary Commercial Agreement A Comparative Study, Qing Cai
LLM Theses and Essays
Many disputes arising under commercial agreements turn upon the interpretation of the agreement. Interpretation is the process by which a court ascertain in meaning that it will give to the language used by the parties in determining the legal effect of an existing agreement. It also involves questions as to whether additional duties or excuses will be implied. In addition, interpretation can be relevant to contract formation since courts may be forced to determine the meaning of communication used by the parties before they determine whether the parties have reached an agreement. To some extent, how the judges interpret the …
Opportunities For Improving The Ways We Use Water, Thomas M. Stetson
Opportunities For Improving The Ways We Use Water, Thomas M. Stetson
Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)
40 pages.
Contains references.
Diligence Requirements Under The Federal Coal Leasing Amendments Act Of 1975, Gail L. Wurtzler
Diligence Requirements Under The Federal Coal Leasing Amendments Act Of 1975, Gail L. Wurtzler
Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)
51 pages.
Contains references.
Readjustment Of Federal Coal Leases, Marilyn S. Kite
Readjustment Of Federal Coal Leases, Marilyn S. Kite
Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)
19 pages.
Contains references.
Leases For Other Minerals: Recent Developments, Thomas F. Cope
Leases For Other Minerals: Recent Developments, Thomas F. Cope
Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)
14 pages.
Contains references.
The Federal Coal Leasing Program, John Latz
The Federal Coal Leasing Program, John Latz
Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)
22 pages (includes 1 illustration and 1 map).
Contains 3 pages of references.
Getting The Coal Leasing Program Back On Track: The Linowes Commission And Beyond, Sandra L. Blackstone
Getting The Coal Leasing Program Back On Track: The Linowes Commission And Beyond, Sandra L. Blackstone
Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)
37 pages.
Contains 2 pages of references.
State And Local Regulation Affecting Public Lands Mineral Lease Activities: What Are The Limits?, Lawrence J. Macdonnell
State And Local Regulation Affecting Public Lands Mineral Lease Activities: What Are The Limits?, Lawrence J. Macdonnell
Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)
27 pages.
Contains references.
Environmental Considerations In Public Lands Mineral Leasing And Development I, Karin P. Sheldon
Environmental Considerations In Public Lands Mineral Leasing And Development I, Karin P. Sheldon
Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)
18 pages.
Contains 2 pages of references.
Current Developments In Public Lands Administration, Lawrence G. Mcbride
Current Developments In Public Lands Administration, Lawrence G. Mcbride
Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)
24 pages.
Federal Lands Leasing Policy In The Second Reagan Administration, Robert F. Burford
Federal Lands Leasing Policy In The Second Reagan Administration, Robert F. Burford
Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)
11 pages.
Pitfalls In Federal Oil And Gas Leasing Practice, Terry N. Fiske
Pitfalls In Federal Oil And Gas Leasing Practice, Terry N. Fiske
Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)
13 pages.
Contains references.
Federal Royalty Management On Federal Onshore And Indian Lands: Industry Concerns, R. Carol Harvey
Federal Royalty Management On Federal Onshore And Indian Lands: Industry Concerns, R. Carol Harvey
Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)
68 pages.
Contains references.
Contains 8 appendices.
Environmental Considerations In Public Lands Mineral Leasing And Development Ii, Jerome C. Muys, John F. Shepherd, Susan L. Smith
Environmental Considerations In Public Lands Mineral Leasing And Development Ii, Jerome C. Muys, John F. Shepherd, Susan L. Smith
Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)
62 pages.
Contains 6 attachments.
Interstate Gas Pipeline Ratemaking And Contract Implications, Henry E. Brown
Interstate Gas Pipeline Ratemaking And Contract Implications, Henry E. Brown
Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)
61 pages.
Contains references.
Contains 7 attachments.
Off-System Sales: Will They Ever Return?, Paul F. O'Konski
Off-System Sales: Will They Ever Return?, Paul F. O'Konski
Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)
5 pages.
Section 311 And 312 Of The Natural Gas Policy Act Of 1978 And Hinshaw Pipelines, Lauren Eaton
Section 311 And 312 Of The Natural Gas Policy Act Of 1978 And Hinshaw Pipelines, Lauren Eaton
Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)
5 pages.