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2009

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Articles 8971 - 9000 of 11222

Full-Text Articles in Law

It Takes Green To Be Green: Environmental Elitism, "Ritual Displays," And Conspicuous Non-Consumption, Avi Brisman Jan 2009

It Takes Green To Be Green: Environmental Elitism, "Ritual Displays," And Conspicuous Non-Consumption, Avi Brisman

North Dakota Law Review

No abstract provided.


Joint Ventures-Essential Elements: The North Dakota Supreme Court Creates A Broader Definition Of Joint Ventures, Kelly E. Olson Jan 2009

Joint Ventures-Essential Elements: The North Dakota Supreme Court Creates A Broader Definition Of Joint Ventures, Kelly E. Olson

North Dakota Law Review

No abstract provided.


North Dakota Supreme Court Review, North Dakota Law Review Associate Editors Jan 2009

North Dakota Supreme Court Review, North Dakota Law Review Associate Editors

North Dakota Law Review

No abstract provided.


Proceedings Of The One Hundred Tenth Annual Meeting Of The North Dakota State Bar Association, North Dakota State Bar Association Jan 2009

Proceedings Of The One Hundred Tenth Annual Meeting Of The North Dakota State Bar Association, North Dakota State Bar Association

North Dakota Law Review

No abstract provided.


The Integration Of Unmanned Aerial Vehicles Into The National Airspace, Timothy M. Ravich Jan 2009

The Integration Of Unmanned Aerial Vehicles Into The National Airspace, Timothy M. Ravich

North Dakota Law Review

No abstract provided.


Unmanned Aerial Exposure: Civil Liability Concerns Arising From Domestic Law Enforcement Employment Of Unmanned Aerial Systems, Geoffrey Christopher Rapp Jan 2009

Unmanned Aerial Exposure: Civil Liability Concerns Arising From Domestic Law Enforcement Employment Of Unmanned Aerial Systems, Geoffrey Christopher Rapp

North Dakota Law Review

No abstract provided.


Law From Above: Unmanned Aerial Systems, Use Of Force, And The Law Of Armed Conflict, Chris Jenks Jan 2009

Law From Above: Unmanned Aerial Systems, Use Of Force, And The Law Of Armed Conflict, Chris Jenks

North Dakota Law Review

No abstract provided.


Unmanned Aerial Systems And International Civil Aviation Organization Regulations, Douglas Marshall Jan 2009

Unmanned Aerial Systems And International Civil Aviation Organization Regulations, Douglas Marshall

North Dakota Law Review

No abstract provided.


Big Brother Will Soon Be Watching—Or Will He? Constitutional, Regulatory, And Operational Issues Surrounding The Use Of Unmanned Aerial Vehicles In Law Enforcement, Joseph J. Vacek Jan 2009

Big Brother Will Soon Be Watching—Or Will He? Constitutional, Regulatory, And Operational Issues Surrounding The Use Of Unmanned Aerial Vehicles In Law Enforcement, Joseph J. Vacek

North Dakota Law Review

No abstract provided.


Harmonious Federalism In Support Of National Energy Goals — Increased Wind Renewable Energy, Ronald H. Rosenberg Jan 2009

Harmonious Federalism In Support Of National Energy Goals — Increased Wind Renewable Energy, Ronald H. Rosenberg

North Dakota Law Review

No abstract provided.


A Market Based Approach: The Best Way To Transition To A New Energy Economy While Meeting The Responsibility To Address Global Climate Change — A North Dakota Perspective, Jason Schaefer Jan 2009

A Market Based Approach: The Best Way To Transition To A New Energy Economy While Meeting The Responsibility To Address Global Climate Change — A North Dakota Perspective, Jason Schaefer

North Dakota Law Review

No abstract provided.


The Geothermal Bonus: Sustainable Energy As A By-Product Of Drilling For Oil, Joshua P. Fershee Jan 2009

The Geothermal Bonus: Sustainable Energy As A By-Product Of Drilling For Oil, Joshua P. Fershee

North Dakota Law Review

No abstract provided.


Oil And Gas Law — Rent Or Royalties: North Dakota Joins The Majority Of States In Adopting The "At The Well" Rule For Calculating Royalties In Oil And Gas Leases, Lindsey Scheel Jan 2009

Oil And Gas Law — Rent Or Royalties: North Dakota Joins The Majority Of States In Adopting The "At The Well" Rule For Calculating Royalties In Oil And Gas Leases, Lindsey Scheel

North Dakota Law Review

Bice v. Petro-Hunt, L.L.C., 2009 ND 124, 768 N.W.2d 496
In Bice v. Petro-Hunt, L.L.C., the North Dakota Supreme Court expressly announced it joined the majority of states following the “at the well” rule for calculating royalties on oil and gas leases. The “at the well” rule defines the wellhead as the appropriate point for royalty calculation; royalty may be calculated using the comparable sales method or the workback method. Of the two methods, the comparable sales method is the preferred method for calculating market value. However, when comparable sales evidence is not available, it is appropriate to …


If Cap-And-Trade Is The Answer, Somebody Is Asking The Wrong Question: An Evaluation Of Cap-And-Trade In The North Dakota Context, Tony Clark Jan 2009

If Cap-And-Trade Is The Answer, Somebody Is Asking The Wrong Question: An Evaluation Of Cap-And-Trade In The North Dakota Context, Tony Clark

North Dakota Law Review

No abstract provided.


Annual Index, North Dakota Law Review Jan 2009

Annual Index, North Dakota Law Review

North Dakota Law Review

No abstract provided.


Ascertaining The Burden Of Proof For An Award For Punitive Damages In New York? Consult Your Local Appellate Division, Leon D. Lazer, John R. Higgitt Jan 2009

Ascertaining The Burden Of Proof For An Award For Punitive Damages In New York? Consult Your Local Appellate Division, Leon D. Lazer, John R. Higgitt

Touro Law Review

No abstract provided.


History In The Hands Of The Politicians: Lustration, Civil Society, And Unfinished Revolutions In Poland, Hungary, Slovakia, And The Czech Republic, David Merryman, Heather Tafel Jan 2009

History In The Hands Of The Politicians: Lustration, Civil Society, And Unfinished Revolutions In Poland, Hungary, Slovakia, And The Czech Republic, David Merryman, Heather Tafel

Student Summer Scholars Manuscripts

No abstract provided.


Attorney-Client Fee Agreements That Offend Public Policy, Alex Beckham Long Jan 2009

Attorney-Client Fee Agreements That Offend Public Policy, Alex Beckham Long

South Carolina Law Review

No abstract provided.


I'Ll Start Walking Your Way, You Start Walking Mine: Sociological Perspectives On Professional Identity Development And Influence Of Generational Differences, Melissa Heames Weresh Jan 2009

I'Ll Start Walking Your Way, You Start Walking Mine: Sociological Perspectives On Professional Identity Development And Influence Of Generational Differences, Melissa Heames Weresh

South Carolina Law Review

No abstract provided.


The Peer Review Experiment, Richard A. Posner Jan 2009

The Peer Review Experiment, Richard A. Posner

South Carolina Law Review

No abstract provided.


Peer Review As An Aid To Article Selection In Student-Edited Legal Journals, John P. Zimmer, Jason P. Luther Jan 2009

Peer Review As An Aid To Article Selection In Student-Edited Legal Journals, John P. Zimmer, Jason P. Luther

South Carolina Law Review

No abstract provided.


The Problem With Pure Economic Loss, Peter Benson Jan 2009

The Problem With Pure Economic Loss, Peter Benson

South Carolina Law Review

No abstract provided.


Regulating Federal Prosecutors: Let There Be Light, Bruce A. Green Jan 2009

Regulating Federal Prosecutors: Let There Be Light, Bruce A. Green

Faculty Scholarship

No abstract provided.


Class Action Arbitration, William H. Baker Jan 2009

Class Action Arbitration, William H. Baker

Cardozo Journal of Conflict Resolution

Class action arbitrations are a relatively recent phenomenon in the United States, but the number of such arbitrations is expanding at a rapid rate. As of August 2008, the American Arbitration Association ("AAA") has administered 246 class action arbitrations and Judicial Arbitration and Mediation Services, Inc. ("JAMS"), another major U.S. arbitral institution, has also administered a substantial number of class arbitrations.


Building The Latin America We Want: Supplementing Representative Democracies With Consensus-Building, Mariana Hernández Crespo Jan 2009

Building The Latin America We Want: Supplementing Representative Democracies With Consensus-Building, Mariana Hernández Crespo

Cardozo Journal of Conflict Resolution

This article is about using consensus-building to create channels for meaningful participation in public decision-making, in order to supplement representative democracies in Latin America. I argue that the addition of a consensus-building mechanism into the legislative process will create the necessary forum for stakeholders to contribute to the framing and resolution of issues of public concern. Furthermore, as Susskind has argued, allowing citizens to participate at the beginning of decision-making processes will make legislative outcomes more legitimate and decrease the level of political dissatisfaction.


Business Courts And The Future Of Arbitration, Christopher R. Drahozal Jan 2009

Business Courts And The Future Of Arbitration, Christopher R. Drahozal

Cardozo Journal of Conflict Resolution

This article examines the extent to which competition from business courts is likely to impact the future of arbitration. Part II provides a brief overview of the growth of business courts in recent years. Part III sets out a structural comparison of arbitration with business courts, highlighting the similarities and differences between the two. Part IV provides empirical evidence on the relationship between the availability of business courts and the use of arbitration clauses. Overall, the evidence provides little indication that parties are switching from arbitration to business courts. The evidence is far from definitive, however, and highlights the need …


Arbitration Reform: What We Know And What We Need To Know, Peter B. Rutledge Jan 2009

Arbitration Reform: What We Know And What We Need To Know, Peter B. Rutledge

Cardozo Journal of Conflict Resolution

The future of commercial arbitration has become a centerpiece of the domestic congressional agenda. According to one estimate, ten different bills introduced in the 110th Congress would chip away at the enforceability of pre-dispute arbitration agreements. By far the most significant bill, the Arbitration Fairness Act, would retroactively invalidate arbitration agreements in all employment, consumer, securities and franchise contracts. An especially vague provision in a prior version of the bill would invalidate agreements involving claims under statutes intended to protect civil rights or designed to regulate transactions between parties of unequal bargaining power. Are these wise moves?


State Regulation Of Arbitration Proceedings: Judicial Review Of Arbitration Awards By State Courts, Stephen K. Huber Jan 2009

State Regulation Of Arbitration Proceedings: Judicial Review Of Arbitration Awards By State Courts, Stephen K. Huber

Cardozo Journal of Conflict Resolution

The thesis of this Article can be stated simply and concisely: States possess the power to adopt standards for the conduct of arbitration proceedings and review of arbitration awards that are significantly different from federal law standards. The major objective of this Article is to explore the most important possibilities for reform of arbitration law and practice at the state level. State law standards will be of increasing importance in the reformation of arbitration practice. This Article focuses on the standards of review of arbitration awards employed by state courts, because the power to vacate an arbitration award is the …


Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 11, Iss. 1 Jan 2009

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 11, Iss. 1

Cardozo Journal of Conflict Resolution

No abstract provided.


Bad Medicine: On Disciplining Physician Felons, Milton Heumann, Brian Pinaire, Simon Burger Jan 2009

Bad Medicine: On Disciplining Physician Felons, Milton Heumann, Brian Pinaire, Simon Burger

Cardozo Journal of Conflict Resolution

Perhaps it is the white coat or the degrees encased and mounted on the wall. Perhaps it is the Hippocratic Oath that new physicians recite and that established physicians have putatively internalized over time, or perhaps it is the title, "Doctor," which conjures up images of a stethoscope, a black bag, house calls, nurture, and trust. When we are sick, we head to the doctor. Young children are urged to become doctors. When we watch television or go to the movies doctors are, with certain recent exceptions, portrayed in a positive light as compared to lawyers or politicians. In this …