Law Commons^™

Effective And Efficient Regulation Of The Offshore Oil Industry: The 2001 White Rose Public Review Process, Peter O'Flaherty, Matthew Clarke

Dalhousie Law Journal

Section 44(2)(b) of the provincial and federal Canada-Newfoundland Atlantic Accord Implementation Acts provides for a public review of proposed developments of petroleum resources as part of the existing regulatory approval process for the Newfoundland Offshore Area. To date, public reviews have been conducted for three offshore oil developments: Hibernia, Terra Nova and White Rose. This paper examines the effectiveness and efficiency of the public review process for the White Rose Project. The author concludes that the review process was effective in successfully gathering public input and reporting this information to the CNOPB. Despite CNOPB's failure to accept many of the …

Newfoundland Generic Royalty Regime, Jack Thrasher

Dalhousie Law Journal

This paper reviews the regulations under the Newfoundland and Labrador Petroleum and Natural Gas Act governing the Newfoundland generic royalty regime. The author also points to some unresolved issues; in particular he discusses transportation costs and the parameters of ministerial discretion.

Provincial Entitlement To Gas Trunk Line Ownership - Enforceability And Constitutionality, Dufferin Harper

Dalhousie Law Journal

The author discusses the interpretation of section 40 of the Nova Scotia Accord Act (Canada) and the Nova Scotia Accord Act (Nova Scotia). The section provides that the Government of Nova Scotia be given "a reasonable opportunity" to acquire on a "commercial basis" up to a fifty percent ownership in the Nova Scotia trunkine in certain circumstances. He points out that even though the dispute between the Federal and Provincial governments regarding the ownership of the offshore appears to be on hold, the issue is relevant to the application of section 40.

Offshore Employment And Occupational Health And Safety Issues, John Macpherson

Dalhousie Law Journal

In Canada responsibility for regulating labour relations, employment and occupational health and safety matters is shared between the federal and provincial governments. In this paper the author describes the complexities of the legislative regime governing the Nova Scotia offshore. Specifically, he looks at section 157 of the Nova Scotia Accord Act (Canada), certification of workers offshore, and occupational health and safety legislation.

Statutory Liens In The Atlantic Canada Offshore Area, Robert Carmichael

Dalhousie Law Journal

This article will examine statutory and common law liens in relation to assets used in oil and gas exploration and production in areas offshore Nova Scotia and Newfoundland and Labrador It considers the applicable constitutional regime, the maritime law and the interrelationship between maritime law, federal law, and provincial law.

Key Issues In The New Regime Of Occupational Health And Safety: The Right To Refuse Work And Directors' And Officers' Liability, Jim Thistle, Matthew Clarke, Joshua Martin

Dalhousie Law Journal

This article examines the existing and proposed occupational health and safety regulatory regimes for oil and gas operations offshore Nova Scotia and Newfoundland and Labrador The article provides historical context for both the existing and the proposed regimes. Two specific areas of concern are analysed: the right to refuse work and directors' and officers' liability. For each issue, the author offers observations on the potential impacts that the implementation of proposed legislation will have on offshore oil and gas operations in these jurisdictions

Walking The Centre Line: Balancing An Employee's Right To Privacy In Drug And Alcohol Policies In The Atlantic Offshore Oil Industry, Harold Smith, Joseph Anthony

Dalhousie Law Journal

Should the principles applied to drug and alcohol testing on land be imported into the Atlantic offshore oil and gas industry? The authors take the position that there is room for the notion that the application of principles derived from safety sensitive land based industry ought not to be applied in a perfunctory or rote manner to the Atlantic offshore environment. The case law, since Entrop, shows a judicial tendency to apply the requirements established by the obiter dictum of Entrop. (Etrop dealt with safety sensitive but land-based industry.) The danger is that the principles, as developed by and since …

Liability For Marine Pollution From Offshore Operations, A William Moreira, Cecily Strickland, David Henley

Dalhousie Law Journal

This paper addresses various aspects of liability for marine pollution arising from offshore operations. The myriad of provincial, federal and international instruments which are relevant to pollution in the offshore generates complex compliance and liability issues. An operator may be subject to both criminal and civil liability for pollution under several different legislative regimes. This paper is divided into two parts. First, compliance considerations are reviewed with the primary compliance requirements under the various acts and regulations applicable to offshore operations highlighted. In the second part, the extent of civil liability for marine pollution is examined.

Effects Of Race And Prosecutor's Perceptions Of Victim's Behaviors On Domestic Violence Case Outcomes, Angel K. Williams

Sociology & Criminal Justice Theses & Dissertations

The purpose of this study is to investigate the effects of race and prosecutor's perceptions of victim's behavior on domestic violence case outcomes. This research utilizes data collected by Belknap and Graham (2000) in a large Midwestern Urban area during 1997-1998. Past literature supports the predictions that race and victim's behaviors affect case outcomes. However, there are no studies that examine either race and victim's behavior or the connection between them.

Analyses revealed that victim's race is not significantly related to case outcome. Perceptions of victim's behavior, however, were significantly related to case outcomes. Additionally, prosecutor's race and level of …

Exonerations Change Judicial Views On Ineffective Assistance Of Counsel, Adele Bernhard

Articles & Chapters

Law evolves more slowly than pop culture or public attitude. Because most exonerations have not resulted in written legal opinions, their impact is slowly seeping into case law. However, courts are influenced by the same news that sways the rest of us. Even without explicitly referring to innocence or wrongful convictions, modern trial courts are undoubtedly more likely to admit expert testimony on the question of eyewitness identification because they are painfully aware of just how easily such witnesses - no matter how honest or passionate - can be wrong. They are certainly more inclined to view confessions suspiciously, especially …

Following The Law, Not The Crowd: The Constitutionality Of Nontraditional High School Athletic Seasons, Courtney E. Schafer

Duke Law Journal

No abstract provided.

Lbj's Ghost: A Contextual Approach To Targeting Decisions And The Commander In Chief, James E. Baker

Georgetown Law Faculty Publications and Other Works

The moral imperative and relevance of the Law of Armed Conflict (“LOAC”) is more apparent today than before September 11, 2001. Law distinguishes democratic societies from the terrorists who attack them; nowhere is this more apparent than in the methods and means of warfare. Indeed, part of our revulsion and contempt for terrorism lies in the terrorists' indiscriminate, disproportionate, and unnecessary violence against civilians. In contrast, the enduring strength of the LOAC is its reliance on the principles of proportionality, necessity, and discrimination, which protect civilians and minimize combatant suffering. For these reasons, we should not begrudge the LOAC's limitations …

Justification And Excuse, Law And Morality, Mitchell N. Berman

Duke Law Journal

Anglo-American theorists of the criminal law have concentrated on-one is tempted to say "obsessed over"-the distinction between justification and excuse for a good quarter-century and the scholarly attention has purchased unusually widespread agreement. Justification defenses are said to apply when the actor's conduct was not morally wrongful; excuse defenses lie when the actor did engage in wrongful conduct but is not morally blameworthy. A near-consensus thus achieved, theorists have turned to subordinate matters, joining issue most notably on the question of whether justifications are "subjective"-turning upon the actor's reasons for acting-or "objective"-involving only facts independent of the actor's beliefs and …

Using Comparative Constitutional Law To Resolve Domestic Federal Questions, Donald E. Childress Iii

Duke Law Journal

No abstract provided.

The Law And Economics Of Disability Accommodations, Michael Ashley Stein

Duke Law Journal

The Americans with Disabilities Act provides a clear mandate that disabled workers be provided with "reasonable" accommodations, but does not meaningfully articulate the standards by which reasonableness ought to be measured. Until now, neither courts nor commentators have provided a systematic model for analyzing accommodation claims. This Article articulates an initial law and economics framework for analyzing disability-related accommodations. In doing so, it demonstrates how accommodations span a cost continuum that can be divided into areas of Wholly Efficient and Semi-Efficient Accommodations to be funded by private employers, Social Benefit Gain Efficient Accommodations where the costs should be borne by …

The Laws Of Securities Lawyering After Sarbanes-Oxley, Dongju Song

Duke Law Journal

No abstract provided.

Journal Staff

Duke Law Journal

No abstract provided.

Part Ii - What Would You Do - With A Taniwha At The Table?, Ian Macduff

Research Collection Yong Pung How School Of Law

In the last issues of Negotiation Journal, the author explored the complicating factor of having a taniwha or spirit at the negotiating table in a New Zeland case. He challenged his readers to give him suggestions about how negotiators might grapple with often preplexing problems posed by the spiritual valus of their counterparts.

Copyrighting Facts, Michael S. Green

Faculty Publications

No abstract provided.

W & M Law School Came First. Why Care?, W. Taylor Reveley Iii

Faculty Publications

No abstract provided.

Envisioning A Global Legal Culture, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Oct. 2003, Cao. Intent Behind Ifc's Safeguard Policies. Generally Accepted Interpretation For Audit Purposes., Cao

CAO General 1999-Present

No abstract provided.

The Interior Department's Water 2025: Blueprint For Balance, Or Just Better Business As Usual?, Reed D. Benson

Faculty Scholarship

The U.S. Bureau of Reclamation (USBR or the Bureau) observed its centennial in 2002, and celebrated 100 years of building dams and supplying water for irrigation and other purposes in the western United States. In 2003, the U.S. Department of the Interior (the Interior) and the Bureau shifted their focus to the future of the West and its water supply needs, producing a document called Water 2025: Preventing Crises and Conflict in the West.

Environmental Justice: Stakes, Stakeholders, Strategies, Eileen Gauna, Shiela Foster

Faculty Scholarship

A quick review of the beginning prominence of and continued work for environmental justice.

The New Japanese Law Schools, James R. Maxeiner

ExpressO

Japan is in the process of implementing a comprehensive reform of its justice system. At the heart of the reform is a complete overhaul of the system of legal education. The new system is intended to increase substantially the number of lawyers in the country. On April 1, 2004 as many as 72 new law schools are to come into existence. Japanese legal education is shifting from a German-inspired law faculty approach to an American-style law school system. Based on first-hand observations, this article discusses the present and future system of Japanese legal education with reference to its foreign counterparts.

Let’S Get A Vision: Drafting Effective Arbitration Agreements, Laurie E. Leader, Melissa Burger

ExpressO

No abstract provided.

Vol. 54, No. 3, September 30, 2003, University Of Michigan Law School

Res Gestae

•Booze Boos: Students Weigh In on the New Alcohol Policy •Getting in Touch With My Inner Gear-Head •U.S. Ambassador to China Delivers Bishop Lecture on International Law •Supreme Court Wrap-Up: Not Much Wrap, but Pizza was Most Excellent! •Dean Caminker Holds Forum on the Virtues of Public Service •So You Want to Win the Campbell Moot Court Competition •Guided by Voices- Earthquake Glue •What I Learned in My First Month: Duck! •On the Fly, On the Cheap, and Healthy? •Singing the Mantra of the Underdog •1Ls Lend Support to Detroit Nine •Annual Canoe Trip Photos •LSSS Funding Allocations for 2003-2004 …

Dually Eligible For Medicare And Medicaid: Two For One Or Double Jeopardy?, Jennifer Ryan, Nora Super

National Health Policy Forum

This issue brief describes the characteristics of the population of individuals known as “dual eligibles,” who are eligible for health insurance coverage through both Medicare and Medicaid. It also looks at the differences between “full Medicaid” and “supplemental Medicaid” dual eligibles and the ongoing challenges associated with enrollment and eligibility, integration and coordination, and managed care. The paper presents several examples of integrated care programs designed to better serve the dual-eligible population, including the Program of All-Inclusive Care for the Elderly, Evercare, social health maintenance organizations, and state/federal initiatives such as the Wisconsin Partnership Program, Texas STAR+PLUS, and others. Finally, …

Interview Of William B. Kelly Conducted By A. Jane Bradley On September 30, 2003, Institute Of International Economic Law, Georgetown University Law Center

The Oral History Project of the World Trading System

Interview of the Honorable William B. Kelly, conducted by A. Jane Bradley on September 30, 2003.

Strengthening The Distinction Between Copyright And Trademark: The Supreme Court Takes A Stand, Jessica Bohrer

Duke Law & Technology Review

Until recently, the question of whether §43 of the Lanham Act prevented the unaccredited copying of an un-copyrighted work was an open one. However, in Dastar v. Twentieth Century Fox, the United States Supreme Court speaks directly on this issue, emphasizing the distinction between copyright and trademark protections and cautioning against "misuse or overextension" of trademark protections into areas traditionally covered by copyright or patent law. This iBrief assesses the importance of such line drawing and explores the implications of this decision.