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2010

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Full-Text Articles in Law

Pooling For Horizontal Wells: Can They Teach An Old Dog New Tricks?, Bruce M. Kramer Nov 2010

Pooling For Horizontal Wells: Can They Teach An Old Dog New Tricks?, Bruce M. Kramer

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

74 pages.

This paper was originally published as:

Bruce M. Kramer, “Pooling for Horizontal Wells: Can They Teach an Old Dog New Tricks?,” 55 Rocky Mt. Min. L. Inst. 8-1, § 8.05 (2009).


Oral History Interview With Low Kee Yang: Conceptualising Smu, Kee Yang Low Nov 2010

Oral History Interview With Low Kee Yang: Conceptualising Smu, Kee Yang Low

Oral History Collection

The interview covered: first involvement with SMU, university education in Singapore, curriculum, CIRCLE values, private university, logo, teaching pedagogy, interview students for admissions, legal aspects, incorporation of SMU, first day of class, law school, challenges, student recruitment, law internships, Juris Doctor programme, challenges.

Biography:

Associate Professor of Law, SMU, 2000–present

Member of SMU start-up team

Professor Low Kee Yang joined the start-up team for SMU in 1998; one of his responsibilities was supervising legal matters. He served as deputy dean of the business school from 1999 to 2002 and chaired the organising committee for the Lee Kuan Yew Global Business …


“A Considerable Surgical Operation”: Article Iii, Equity, And Judge-Made Law In The Federal Courts, Kristin A. Collins Nov 2010

“A Considerable Surgical Operation”: Article Iii, Equity, And Judge-Made Law In The Federal Courts, Kristin A. Collins

Duke Law Journal

No abstract provided.


Sovereign Sukuk: Adaptation And Innovation, A. Roger Wedderburn-Day Oct 2010

Sovereign Sukuk: Adaptation And Innovation, A. Roger Wedderburn-Day

Law and Contemporary Problems

No abstract provided.


Essay: Sovereign Syndicated Bank Credits In The 1970s, Philip R. Wood Oct 2010

Essay: Sovereign Syndicated Bank Credits In The 1970s, Philip R. Wood

Law and Contemporary Problems

No abstract provided.


Social Cohesion And Islamic Radicalization: Implications From The Uighur Insurgency, Tong Zhao Oct 2010

Social Cohesion And Islamic Radicalization: Implications From The Uighur Insurgency, Tong Zhao

Journal of Strategic Security

This article starts with a critical review of the current literature on the Islamic radicalization and Uighur insurgency in Xinjiang, pointing out that existing literature focuses too narrowly on certain aspects of the Uighur insurgency, and is insufficient to explain the causal mechanism of the insurgency and Islamic radicalization. Built upon historical evidence, this article uses sociological analysis to explore the structural changes in the Uighur community over the past decades, and demonstrates the importance and effectiveness of social cohesion theory in identifying the key causal variables which underlie and determine the course of Uighur insurgency and Islamic radicalization. The …


Political Terrorism: An Historical Case Study Of The Italian Red Brigades, Major Victor H. Sundquist Oct 2010

Political Terrorism: An Historical Case Study Of The Italian Red Brigades, Major Victor H. Sundquist

Journal of Strategic Security

As the world's governments become increasingly engulfed in economic and political strife, international leaders should step back and understand what historical realities enabled political extremism to surface in particular regions of the world. More important, these leaders need to recognize what past governments did to counter these movements. Global communities are currently witnessing a dynamic trend of populous uprisings that in some cases, like Greece and the United States, have the potential to severely disrupt the activities of local governments. Consequently, it behooves leaders to reflect upon historical precedence in order to avoid repeating the same mistakes of our forefathers. …


Commerce In The Commerce Clause: A Response To Jack Balkin, Robert G. Natelson Sep 2010

Commerce In The Commerce Clause: A Response To Jack Balkin, Robert G. Natelson

Michigan Law Review First Impressions

The Constitution's original meaning is its meaning to those ratifying the document during a discrete time period: from its adoption by the Constitutional Convention in late 1787 until Rhode Island's ratification on May 29, 1790. Reconstructing it requires historical skills, including a comprehensive approach to sources. Jack Balkin's article Commerce fails to consider the full range of evidence and thereby attributes to the Constitution's Commerce Clause a scope that virtually no one in the Founding Era believed it had.


Racial Cartels, Daria Roithmayr Sep 2010

Racial Cartels, Daria Roithmayr

Michigan Journal of Race and Law

This Article argues that we can better understand the dynamic of historical racial exclusion if we describe it as the anti-competitive work of "racial cartels." We can define racial cartels to include a range of all-White groups - homeowners' associations, school districts, trade unions, real estate boards and political parties - who gained signficant social, economic and political profit from excluding on the basis of race. Far from operating on the basis of irrational animus, racial cartels actually derived significant profit from racial exclusion. By creating racially segmented housing markets, for example, exclusive White homeowners' associations enjoyed higher property values …


Coasean Markets, Herbert J. Hovenkamp Aug 2010

Coasean Markets, Herbert J. Hovenkamp

Faculty Scholarship at Penn Carey Law

Coase’s work emphasized the economic importance of very small markets and made a new, more marginalist form of economic “institutionalism” acceptable within mainstream economics. A Coasean market is an association of persons with competing claims on a legal entitlement that can be traded. The boundaries of both Coasean markets and Coasean firms are determined by measuring not only the costs of bargaining but also the absolute costs of moving resources from one place to another. The boundaries of a Coasean market, just as those of the Coasean business firm, are defined by the line where the marginal cost of reaching …


Crime And Sacred Spaces In Early Modern Poland, Magda Teter Jul 2010

Crime And Sacred Spaces In Early Modern Poland, Magda Teter

Magda Teter

This principle of intersection between action and sacredness was shared by both Jews and Christians. Both Christian and Jewish religious elites highlighted differences between sacred. In Catholicism, validation of space required a consecration by a bishop in preparation for the ritual of the Eucharist. Church vessels were viewed as sacred in relation to the Eucharist. The Eucharist defined levels of sacredness. The controversy over the nature of the Eucharist during the Reformation, challenged the notion of Christian sacred place. After the Reformation, in the minds of the church, and in Poland increasingly also in the minds of the secular courts, …


Reminiscences, John A. Carver Jr. Jun 2010

Reminiscences, John A. Carver Jr.

The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)

7 pages.


The Case Against Taxing Citizens, Reuven S. Avi-Yonah May 2010

The Case Against Taxing Citizens, Reuven S. Avi-Yonah

Articles

The bipartisan tax reform bill recently introduced by Sens. Ron Wyden, D-Ore., and Judd Gregg, R-N.H., proposes to abolish IRC section 911. That section, which exempts U.S. citizens living overseas from tax on the first $80,000 of earned income, is indeed anomalous in the context of a tax on all income "from whatever source derived," and has been subjected to criticism. However, there is a reason section 911 has been in the code since the 1920s: In its absence, citizenship-based taxation becomes completely unadministrable. Rather than continuing the long argument over section 911, Congress should therefore reexamine the basic premise: …


The Multiple Faces Of Effective Grand Strategy, Bryan N. Groves May 2010

The Multiple Faces Of Effective Grand Strategy, Bryan N. Groves

Journal of Strategic Security

Effective national leaders throughout history have deliberately developed grand strategies and successfully implemented them to attain their political goals, while also integrating and accomplishing economic, social, defense, and sometimes religious objectives. Not all leaders have been successful, however, as this process is immensely complex and can be adversely affected by the actions of other leaders around their region and the world. It bears examination, then, to determine what factors contribute to successful grand strategies and why many leaders fail to reach their stated ends. This article utilizes a historic case study approach and explores three key areas of grand strategy: …


North Korea And Support To Terrorism: An Evolving History, Bruce E. Bechtol, Jr. May 2010

North Korea And Support To Terrorism: An Evolving History, Bruce E. Bechtol, Jr.

Journal of Strategic Security

The DPRK's (Democratic People's Republic of Korea or North Korea) support for terrorism began as an ideologically-based policy financed by the Soviet Union that eventually led to a policy designed to put money into the coffers of the elite in Pyongyang—in short, a "proliferation for hire" policy. This article articulates a brief history of the North Korean regime, the rise to power of Kim Il-sung and his son, Kim Jong-il, and North Korea's persistent support to terrorist groups around the globe.


Fundamentalism, The First Amendment, And The Rise Of The Religious Right, Randall Balmer May 2010

Fundamentalism, The First Amendment, And The Rise Of The Religious Right, Randall Balmer

William & Mary Bill of Rights Journal

No abstract provided.


The Last Bankrupt Hanged: Balancing Incentives In The Development Of Bankruptcy Law, Emily Kadens Apr 2010

The Last Bankrupt Hanged: Balancing Incentives In The Development Of Bankruptcy Law, Emily Kadens

Duke Law Journal

This Article frames the history of the Anglo-American bankruptcy tradition as a search for solutions to the basic problem that has from the first underlain the bankruptcy process: how to obtain the assistance of a debtor in his financial dismantling. The pivotal moment in this story came in the years 1705 and 1706, when the English Parliament drafted a bill making the bankrupt's refusal to cooperate with the commissioners running his bankruptcy a capital crime. Almost as an afterthought, they also introduced discharge of debt. Incentivizing cooperation with discharge would have a fruitful future. Coercing the debtor to be honest, …


Our Unsettled Ninth Amendment: An Essay On Unenumerated Rights And The Impossibility Of Textualism, Louis Michael Seidman Mar 2010

Our Unsettled Ninth Amendment: An Essay On Unenumerated Rights And The Impossibility Of Textualism, Louis Michael Seidman

Louis Michael Seidman

The Ninth Amendment – our resident anarchic and sarcastic “constitutional jester” – mocks the effort of scholars and judges alike to tame and normalize constitutional law. It is not as if the stern disciplinarians haven’t tried. We now have two generations worth of painstaking, erudite, and occasionally brilliant scholarship that attempts to rein it in. Yet the amendment stubbornly resists control. It stands as a paradoxical, textual monument to the impossibility of textualism, an entrenched, settled instantiation of the inevitability of unsettlement. If it did not exist,

This essay has two parts. In Part I, I present a new and, …


Presidential Ambitions Of U.S. Supreme Court Justices: A History And An Ethical Warning, William G. Ross Feb 2010

Presidential Ambitions Of U.S. Supreme Court Justices: A History And An Ethical Warning, William G. Ross

William G. Ross

A remarkably large number of U.S. Supreme Court justices have had presidential aspirations while serving on the Court. Several have conducted covert presidential campaigns, and a few nineteenth century justices even campaigned openly from the bench. In at least three quarters of the elections between 1832 and 1956, one or more justices attempted to obtain a presidential or vice presidential nomination or were prominently mentioned as possible candidates. During the past half century, no Supreme Court justice appears to have entertained serious presidential ambitions, probably because no justice who has been appointed during the past fifty years has held any …


Agenda: The Promise And Peril Of Oil Shale Development, University Of Colorado Boulder. Natural Resources Law Center Feb 2010

Agenda: The Promise And Peril Of Oil Shale Development, University Of Colorado Boulder. Natural Resources Law Center

The Promise and Peril of Oil Shale Development (February 5)

The largest known oil shale deposits in the world are in the Green River Formation, which covers portions of Colorado, Utah, and Wyoming. Fully one-half of the world’s oil shale lies within 150 miles of Grand Junction, Colorado, and about 80% of these reserves are on federal land. Estimates of recoverable reserves in the Green River Formation range from 500 billion to 1.53 trillion barrels. At present consumption rates, this is enough oil to satisfy 100% of U.S. demand for well over 100 years.

Development of oil shale could cause significant impacts on the Colorado Plateau. It would provide for …


Slides: The History Of Oil Shale Development And What It Means For The Future, Patty Limerick Feb 2010

Slides: The History Of Oil Shale Development And What It Means For The Future, Patty Limerick

The Promise and Peril of Oil Shale Development (February 5)

Presenter: Patty Limerick, Center of the American West, University of Colorado at Boulder

35 slides


Searching For Terrorists: Why Public Safety Is Not A Special Need, Ric Simmons Feb 2010

Searching For Terrorists: Why Public Safety Is Not A Special Need, Ric Simmons

Duke Law Journal

In the wake of the terrorist attacks of September 11, 2001, local police across the country instituted blanket searches without individualized suspicion at various venues-including political protests, sporting events, subway platforms, and public ferries-all in an attempt to prevent further terrorist attacks. When evaluating these searches, courts rely upon the special needs doctrine, which allows the government to conduct a suspicionless search as long as the search serves a special need distinct from the goals of law enforcement. Over the past eight years, courts have struggled to determine whether and how the special needs doctrine applies to these searches, and …


Jesus Follows The Socratic Method, Kristopher Eugene Nichols Jan 2010

Jesus Follows The Socratic Method, Kristopher Eugene Nichols

Kristopher Eugene Nichols

This article, Jesus Follow the Socratic Method, is a detailed analysis and comparison of the trials of Socrates and Jesus of Nazareth. An investigation of these men and trials, two of the most famous in Western history, uncovers truths about human nature, the justice systems of these two ancient societies, and the power and danger of the spoken word to a vocal critical thinker in his own society. This article is twenty-two pages long, contains footnotes and follows the Bluebook format.


Radicals In Their Own Time: Four Hundred Years Of Struggle For Liberty And Equal Justice In America [Introduction & Selected Chapter Extracts], Michael Anthony Lawrence Jan 2010

Radicals In Their Own Time: Four Hundred Years Of Struggle For Liberty And Equal Justice In America [Introduction & Selected Chapter Extracts], Michael Anthony Lawrence

Michael Anthony Lawrence

This book explores the lives of five individuals whose lifetimes, laid beginning to end, together form a nearly-continuous sweep of four hundred years of American history: Roger Williams (1603-1683), Thomas Paine (1737-1809), Elizabeth Cady Stanton (1815-1902); W.E.B Du Bois (1868-1963); and Vine Deloria (1933-2005). Radicals all, each did more than anyone during their respective eras to challenge and ultimately force government to honor Americans’ natural birthright of individual liberty and equal justice. Each, has had a profound impact on American history.

In discussing Williams, Paine, Stanton, Du Bois and Deloria, this book makes two important observations. First, each argued in …


Denying Choice Of Forum: An Interference By The Massachusetts Trial Court With Domestic Violence Victims’ Rights And Safety, Margaret B. Drew, Marilu E. Gresens Jan 2010

Denying Choice Of Forum: An Interference By The Massachusetts Trial Court With Domestic Violence Victims’ Rights And Safety, Margaret B. Drew, Marilu E. Gresens

Faculty Publications

On May 4, 2009, the Chief Justice of Administration and Management of the Massachusetts Trial Court launched a pilot program in the Norfolk Division of the Probate and Family Court Department through an Administrative Order entitled, in pertient part, “for the Interdepartmental Transfer of Certain Abuse Prevention Proceedings”. This pilot program authorizes a judge of the Norfolk Division of the Probate and Family Court to initiate interdepartmental transfers of civil protection order petitions pending in other court departments where the parties have related domestic relations matters pending in the Probate and Family Court.

This article discusses how the pilot program …


"Radical History And Rebel Voices", Ingeborg Elisabeth Van Teeseling Jan 2010

"Radical History And Rebel Voices", Ingeborg Elisabeth Van Teeseling

Faculty of Law, Humanities and the Arts - Papers (Archive)

Book review of:

Terry Irving and Rowan Cahill. Radical Sydney: Places, Portraits and Unruly Episodes. Sydney: UNSW Press, 2010. 384 pp. A$39.95. ISBN 9781742230931


Recurring Storms: Weathering The Future By Understanding The Past , Robert L. Brown Ph.D. Jan 2010

Recurring Storms: Weathering The Future By Understanding The Past , Robert L. Brown Ph.D.

The Global Business Law Review

In this article, I describe the major financial crises that evolved into economic crises during the past four hundred years in Europe, the United States, and Asia, before turning to the 2007-10 global financial and economic crisis. My focus will be Tulipmania of 1637, Mississippi Scheme of 1720, South Sea Bubble of 1720, Great Crash of 1929, Crash of 1987, Asian Financial Crisis of 1997, Dot-com Bubble of 2000, and Financial Crisis of 2007-10. I identify commonalities as well as distinguishing characteristics among the events. In the discussion and description that follows, I note that the tendency is for more …


Ideas, Interests And Institutions And The History Of Canadian Bankruptcy Law 1867-1880, Thomas G. W. Telfer Jan 2010

Ideas, Interests And Institutions And The History Of Canadian Bankruptcy Law 1867-1880, Thomas G. W. Telfer

Law Publications

Michael Trebilcock's scholarship has long recognized the importance of ideas, interests, and institutions in shaping policy. Taking the same analytical approach that Michael Trebilcock and Ninette Kelley use in their ground-breaking book on the history of Canadian immigration, which focuses on economic interests, contested ideas, and institutions, this article examines the Canadian historical experience to gain an understanding of the ideas, interests, and institutions that have been influential in shaping the evolution of Canadian bankruptcy law. Specifically, the article addresses the rise of Canadian bankruptcy legislation in the early post-Confederation period and its ultimate repeal in 1880. Bankruptcy law represented …


The Fourth Circuit And Its Future, J. Harvie Wilkinson Iii Jan 2010

The Fourth Circuit And Its Future, J. Harvie Wilkinson Iii

South Carolina Law Review

No abstract provided.


The Fiscal Revolution And Taxation: The Rise Of Compensatory Taxation, 1929-1938, Joseph J. Thorndike Jan 2010

The Fiscal Revolution And Taxation: The Rise Of Compensatory Taxation, 1929-1938, Joseph J. Thorndike

Law and Contemporary Problems

Thorndike explores the Keynesian conversion of Treasury Department tax-policy experts during the 1930s. At the beginning of the Great Depression, he narrates that there was no political interest in using tax cuts to promote economic recovery. In fact, in 1932 Congress responded to the economic emergency by enacting a tax increase in the name of fiscal responsibility. By 1937, however, Treasury experts had become persuaded of the merits of countercyclical taxation. Ironically, the first legislative experiment in Keynesian taxation took the form of a tax increase--the short-lived 1937 tax on undistributed corporate profits, intended to stimulate the economy by discouraging …