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Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

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Midstream Acreage Dedications: Covenants Running With The Land Or A Conveyancing Confusion?, Jordan D. Volino

Oil and Gas, Natural Resources, and Energy Journal

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Editor's Introduction, Micah L. Adkison

Oil and Gas, Natural Resources, and Energy Journal

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Brief Of Appellant, Davon Jones V. State Of Maryland, No. 547, Paul Dewolfe, Renée M. Hutchins, Matthew T. Healy

Court Briefs

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Brief Of Appellant, Matthew Bredlow V. State Of Maryland, No. 621, Paul Dewolfe, Renée M. Hutchins, Ardalun Kamali

Court Briefs

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Brief Of Appellant, Mark Andrew Matthews V. State Of Maryland, No. 327, Paul Dewolfe, Renée M. Hutchins, Jesse M. Lachman

Court Briefs

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Video: Happy Lawyers Make More Money: How To Achieve Financial Success, Fulfill Your Ethical Obligations, And Manage A Profitable Small Law Firm, How To Manage A Small Law Firm

NSU Law Seminar Series

How To MANAGE a Small Law Firm was founded by attorney RJon Robins. He quickly realized that despite having done quite well in law school, completing a prestigious 9 credit internship with the US Trustee’s Office and clerking for a Federal Bankruptcy Judge, he knew next to nothing about how to actually manage the business of a small law firm.

RJon did eventually discover how to manage a small law firm and was recruited by The Florida Bar’s Law Office Management Assistance Service (LOMAS) to teach his fellow lawyers how to find, fix and avoid the sort of marketing, sales, …

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Appeal No. 0933: Farolino Investments, Llc, Et Al., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Permit to Plug and Abandon (Kowalski Unit#1 Well; GonzOil, Inc.)

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State Of Utah, Plaintiff/Appellee V. Preston Michael Cowlishaw, Defendant/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a conviction for kidnapping, a second degree felony, failure to respond at the command of police, a third degree felony and theft, a second degree felony in the Second District Court, State of Utah, the Honorable Ernie W. Jones, Judge, presiding

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Dos Lagos, Llc; Mellon Valley, Roland Neil Family Limited Partnership; Roland N. Walker; And Sally Walker, Petitioners, Vs. 2010-1 Radc/Cadc Venture, Llc, Respondent., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Utah Court of Appeals

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Lee V. Macon County Board Of Education: The Possibilities Of Federal Enforcement Of Equal Educational Opportunity, Brian K. Landsberg

Duke Journal of Constitutional Law & Public Policy

Lee v. Macon County Board of Education shows the evolution of the role of the three branches in enforcing the equal protection clause in public education in Alabama. All three branches initially acquiesced in the separate but equal doctrine. The executive and the judicial branches rejected the doctrine in Brown, but the legislative branch remained silent until 1964. Despite Congress’ failure to authorize a federal role in desegregation, the Department of Justice was an active participant in Lee beginning in 1963. When Congress finally did act in 1964 to authorize such suits, it encumbered the authorization with severe limitations. Congress …

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Journal Staff

Duke Journal of Constitutional Law & Public Policy

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The Constitution Of Agency Statutory Interpretation, Evan J. Criddle

Faculty Publications

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From Edward To Eric Garner And Beyond: The Importance Of Constitutional Limitations On Lethal Use Of Force In Police Reform, Nancy C. Marcus

Duke Journal of Constitutional Law & Public Policy

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Are Black Parents Locked Out Of Challenging Disproportionately Low Charter School Board Representation? Assessing The Role Of The Federal Courts In Building A House Of Cards, Steven L. Nelson, Heather N. Bennett

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

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Undocumented Migrants As New (And Peaceful) American Revolutionaries, Daniel I. Morales

Duke Journal of Constitutional Law & Public Policy

This essay situates undocumented migrants in the history of the American revolutionary period. The lawbreaking of both groups produced constructive legal and social change. For example, the masses of American revolutionaries and many of their leading men fought to rid the colonies of hereditary aristocracy. Colonists had come to cherish the proto-meritocracy that had bloomed on colonial shores and rankled at local evidence of aristocratic privilege, like the Crown’s grant of landed estates to absentee English aristocrats.

Today’s equivalent hereditary aristocracy is the citizenry of wealthy democracies like the United States. Hereditary citizens use immigration restrictions to reserve the wealth …

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Treatment As An Individual And The Priority Of Persons Over Groups In Antidiscrimination Law, Patrick S. Shin

Duke Journal of Constitutional Law & Public Policy

The Supreme Court has said that the Equal Protection Clause of the Constitution and Title VII’s prohibition of discrimination require that all persons be treated as individuals and that the laws operate primarily to protect “persons, not groups.” This article shows that the legal requirement of individual treatment has two distinct components: a rule invalidating inferences about persons based on their membership in protected groups and a rule prohibiting disparate treatment for the sake of group interests or intergroup equality. The first rule is rooted in moral principles of respect for individual autonomy. The second rule is a principle that …

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Spaceways: Airspace In Outer Space, Scott Haeffelin

Space Traffic Management Conference

Forecasted future demand in space travel is driving the need for the development of space traffic management. Currently, orbital space traffic is mostly unregulated with internationally agreed upon best practices and self-interest driving space operators to avoid collisions with other spacecraft. This paper explores the future of space travel by presenting a concept of creating “airspace in space” or spaceways to manage the ever growing volumes of space traffic. Spaceways are analogous to airspace for aircraft with the goal of increasing levels of safety and reducing probabilities of collision. These goals can be achieved by creating traffic rules, defining valuable …

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The Reporting Requirements Of The U.S. Commercial Space Launch Competitiveness Act: Status, Analysis, And Legal Implications, Michael S. Dodge

Space Traffic Management Conference

In November of 2015, President Obama signed the U.S. Commercial Space Launch Competitiveness Act (CSLCA) into law. The CSLCA addresses many subjects orbiting the field of space activities, although much of the attention respecting the law has focused on the role of government astronauts, the processes associated with licensing private remote sensing systems, or the authorization of space resource extraction; yet, a curious theme has found itself woven throughout the fabric of the law—the requirement to report to Congress the results of studies and inter-agency discussions impacting on various components of current or proposed activities. The legal and regulatory implications …

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The Future Of International Spaceport Regulations: Which Response To Expect From The International Community?, Valentin Degrange

Space Traffic Management Conference

As humanity is today well into the 21^st century, we witness the appearance of new prospects for the utilization and exploitation of outer space, making outer space increasingly “contested, congested and competitive”¹. Many aspects of our daily lives have already come to depend on our occupation of Low Earth Orbits (LEO) and Geostationary Earth Orbits (GEO). As the number of space-related activities increases exponentially though, most notably in its commercial facet, so does the need for new spaceports and adequate regulations for the increased space traffic that will follow. The “big sky” theory which protected airborne travelers …

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Space Traffic Management Concepts Leveraging Existing Frameworks, Stephen K. Hunter

Space Traffic Management Conference

Leveraging existing U.S. regulatory frameworks, as well as international organizations, will dramatically shorten the time needed to develop an effective Space Traffic Management concept. Both the Department of Defense and the Department of Transportation have been working with the U.S. Congress to define and develop a Space Traffic Management concept that will allow the Office of Commercial Space Launch to begin a new mission that will help to ensure the safety and resilience of the space domain. Outside observers can easily see forward progress toward this, still, undeveloped concept. This paper explores potential final U.S. Space Traffic Management concepts that …

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A Novel Approach For Controlled Deorbiting And Reentry Of Small Spacecraft, Larry H. Fineberg, Justin Treptow, Timothy Bass, Scott Clark, Yusef Johnson, Bradley Poffenberger

Space Traffic Management Conference

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