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Yeshiva University, Cardozo School of Law

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Articles 1 - 22 of 22

Full-Text Articles in Oil, Gas, and Mineral Law

Preserving The Future: Recognizing Intergenerational Equity In United States Constitutional Jurisprudence In Light Of Evolving Climate Rights Litigation, Molly Morgan Jan 2025

Preserving The Future: Recognizing Intergenerational Equity In United States Constitutional Jurisprudence In Light Of Evolving Climate Rights Litigation, Molly Morgan

Cardozo Journal of Equal Rights & Social Justice

Climate rights litigation is an essential part of holding states accountable for their climate change obligations. This type of litigation has increased across the globe, and domestic and international courts have issued landmark rulings that serve as precedent for reinforcing state obligations and protecting constitutional and human rights in the process. One focus of these cases is intergenerational equity, which implicates the theory that inadequate state action on climate change violates the rights of future generations. This Article explores the evolution of this theory in domestic and international law, illustrating its increasing importance in climate rights litigation and the necessity …


Squatters Squabbles: The Use Of Mediation To Provide Beneficial Solutions To Adverse Possession Claims In New Jersey, Bayla Zohn Jan 2024

Squatters Squabbles: The Use Of Mediation To Provide Beneficial Solutions To Adverse Possession Claims In New Jersey, Bayla Zohn

Cardozo Journal of Conflict Resolution

In our society, law is a complex and ever-evolving field, constantly adapting to fit our needs. Yet, there are certain legal matters we would expect to have clear and obvious resolutions. Property ownership should be simple and unambiguous, governed by "established legal rules and precepts." Examine a deed, survey the stated legal owner of the tract of land, and your answer should be uncomplicated. Yet, there are a multitude of complex laws that allow individuals to obtain legal ownership of land in a seemingly illicit fashion.


All The Way To Hell: An Artist's Legal Descent Into The Underworld Of Oil And Gas, Madison S. Marlow Jan 2023

All The Way To Hell: An Artist's Legal Descent Into The Underworld Of Oil And Gas, Madison S. Marlow

Cardozo Arts & Entertainment Law Journal

Eliza Evans’ project, All the Way to Hell, employs a novel legal strategy to challenge Oklahoma’s permissive fracking regulations by fragmenting mineral rights among thousands of co-owners, aiming to disrupt the forced pooling process. While her approach highlights systemic legal and environmental issues, the state’s industry-friendly framework and regulatory capture present significant barriers to meaningful change. The note argues that Evans’ activism underscores the need for legislative reform to balance individual property rights with environmental protection.


Bans With No Bite: Why Racial Profiling Bans Are Unable To Create Racial Justice In Policing, Rebecca Yin Apr 2022

Bans With No Bite: Why Racial Profiling Bans Are Unable To Create Racial Justice In Policing, Rebecca Yin

Cardozo Law Review

No abstract provided.


Disinformation On Trial: Fighting Foreign Disinformation By Empowering The Victims, Ari B. Rubin Feb 2022

Disinformation On Trial: Fighting Foreign Disinformation By Empowering The Victims, Ari B. Rubin

Cardozo Law Review

Foreign disinformation catapulted into the national spotlight with the 2016 presidential election, but its impact is not confined to the electoral map or season. This Article addresses the threat of foreign disinformation by proposing a new statute: a private right of action, enabling harmed persons to directly sue state or private actors, foreign or domestic, who knowingly or recklessly spread disinformation from abroad. Scholars and policymakers have proposed other, far-flung solutions ranging from greater online security to outright censorship. Each of those ideas stumbles on common challenges and lacks a valuable ingredient: an interested party, directly harmed by the foreign …


State Energy Cartels, James W. Coleman Oct 2021

State Energy Cartels, James W. Coleman

Cardozo Law Review

Fracking has made America the center of global oil production and the engine of the world’s economy. But haste makes waste. America’s new oil wells are releasing natural gas as well, which is prized as a clean and reliable fuel around the world but must be simply burned off or “flared” if there are no pipelines to bring it to the customers that need it. The pace of the oil boom and the challenges of building new pipelines have forced oil companies to flare staggering quantities of natural gas. Texas and North Dakota are now flaring—that is, wasting—more gas than …


Contractual Protections Against The Resource Nationalism Cycle In Zambia, Sangwani Patrick Ng'ambi Apr 2021

Contractual Protections Against The Resource Nationalism Cycle In Zambia, Sangwani Patrick Ng'ambi

Cardozo International & Comparative Law Review

Foreign direct investment (FDI) in resource rich nations is typically fostered through concession or development agreements, which enable investors to explore and exploit the host State's natural resources. Under these agreements various incentives are offered to the investor by the host State, so as to attract their capital. However, once the investment is sunk, the investor becomes susceptible to the resource nationalism cycle. Investors are particularly vulnerable when the natural resource experiences a sustained upward trend. In such instances, the host State seeks to maximize the benefits accruingfrom the natural resource. This can either be accomplished through reversing the tax …


Managing Fractions: The Role Of Local Government In Regulating Unconventional Natural Gas Resources - Recommendations For New York, William Yukstas Jul 2013

Managing Fractions: The Role Of Local Government In Regulating Unconventional Natural Gas Resources - Recommendations For New York, William Yukstas

Cardozo Public Law, Policy & Ethics Journal

The note examines the regulatory challenges surrounding unconventional natural gas extraction, particularly hydraulic fracturing, focusing on the conflict between state and local authority. It argues that local governments should retain zoning power to regulate or ban drilling, as they bear the primary costs and have the capacity to address localized impacts. The analysis highlights the contrasting approaches of Pennsylvania and New York, with Pennsylvania initially attempting to preempt local zoning laws through Act 13, which was later deemed unconstitutional, while New York maintains a de facto moratorium and considers stricter regulations. The author advocates for empowering localities to negotiate Community …


Is There Blood On Your Hands-Free Device?: Examining Legislative Approaches To The Conflict Minerals Problem In The Democratic Republic Of Congo, Emily Veale Jan 2013

Is There Blood On Your Hands-Free Device?: Examining Legislative Approaches To The Conflict Minerals Problem In The Democratic Republic Of Congo, Emily Veale

Cardozo Journal of International and Comparative Law

The article argues that Section 1502 of the Dodd-Frank Act, which mandates SEC disclosures for conflict minerals, is insufficient to address the violence and governance issues in the Democratic Republic of the Congo (DRC). It advocates for comprehensive legislation that ties U.S. foreign assistance to specific reforms in the DRC, such as military and governance improvements, to effectively combat the conflict minerals crisis. The SEC’s role in promoting social and foreign policy goals is critiqued, and the article proposes a tiered incentive system to encourage meaningful change in the DRC’s mining sector.


Citizen David Tames Gas Goliaths On The Marcellus Shale Stage: Citizen Action As A Form Of Dispute Prevention In The Internet Age, Elisabeth N. Radow Jan 2011

Citizen David Tames Gas Goliaths On The Marcellus Shale Stage: Citizen Action As A Form Of Dispute Prevention In The Internet Age, Elisabeth N. Radow

Cardozo Journal of Conflict Resolution

"Water, water everywhere and not a drop to drink." This could soon become the lament of millions of people who derive their drinking water from sources located near the latest natural gas boom site in the East, known as the "Marcellus Shale" region. Drilling is underway in Pennsylvania and West Virginia, but not yet in New York. The focus here is New York.


Corporations And Human Rights Law: The Emerging Consensus And Its Effects On Women's Employment Rights, Tiana O'Konek Jan 2011

Corporations And Human Rights Law: The Emerging Consensus And Its Effects On Women's Employment Rights, Tiana O'Konek

Cardozo Journal of Equal Rights & Social Justice

The article argues that the current international human rights framework fails to adequately address corporate human rights abuses, particularly affecting women in the garment industry. This governance gap stems from the statist nature of international law, which overlooks non-state actors like corporations. Women in the garment industry, often confined to informal and precarious work, face systemic discrimination and exclusion from core labor protections, highlighting the need for a more inclusive and enforceable framework.


Regulating Resource Curses: Institutional Design And Evolution Of The Blood Diamond Regime, Lesley Wexler Apr 2010

Regulating Resource Curses: Institutional Design And Evolution Of The Blood Diamond Regime, Lesley Wexler

Cardozo Law Review

The opening and expansion of global markets creates and exacerbates resource curses, or the phenomenon in which natural resource abundance creates governance problems. Yet international legal scholarship has been slow to recognize the relationship between freer trade and the financing of internal conflicts. While legal academics have long debated the role of law in addressing conflict generally, few have systematically addressed the intersection of trade regulation and the prevention or abatement of internal conflict. This Article looks closely at a recent regulatory effort to address the global trade in "blood diamonds," which are a particularly destructive example of a resource …


Racing For The Arctic? Better Bring A Flag, Jordan Hellman Jan 2009

Racing For The Arctic? Better Bring A Flag, Jordan Hellman

Cardozo Journal of Conflict Resolution

This Note will explore the current dispute over Arctic seabed resources surrounding the North Pole, evaluate methods for resolving this conflict, and finally suggest particular Alternative Dispute Resolution ("ADR") methods which would be best suited to resolve the conflict peacefully and equitably. Part II will introduce the appropriate statutory law and discuss its relative effects on the disputing countries. Further, as with most conflicts, it is important to understand how the history of the area impacts the involved countries. This will be assessed in Part III. In Part IV, this Note will show how this particular conflict is better suited …


Epa's Mercury Cap And Trade Rule: An Environmental Injustice For Women, Rachel Kalman Jan 2006

Epa's Mercury Cap And Trade Rule: An Environmental Injustice For Women, Rachel Kalman

Cardozo Journal of Equal Rights & Social Justice

The note critiques the EPA's Clean Air Mercury Rule (CAMR), arguing that it prioritizes economic interests over public health, particularly harming women of childbearing age and vulnerable populations. The rule's reliance on a cap and trade system, delayed implementation, and flawed risk assessment models underestimate mercury exposure risks, disproportionately affecting subsistence communities and low-income groups. The analysis advocates for stricter emissions standards under the Maximum Achievable Control Technology (MACT) framework and greater consideration of gender-specific health impacts in regulatory decisions.


Introduction: How Democratic Is The American Constitution? May 2005

Introduction: How Democratic Is The American Constitution?

Cardozo Law Review

No abstract provided.


Why Do Plaintiffs Sue Private Parties Under Section 1983?, Jack M. Beermann Nov 2004

Why Do Plaintiffs Sue Private Parties Under Section 1983?, Jack M. Beermann

Cardozo Law Review

No abstract provided.


The Sec At Sixty: A Reply To Professor Macey, David L. Ratner Mar 1995

The Sec At Sixty: A Reply To Professor Macey, David L. Ratner

Cardozo Law Review

The January 1994 issue of the Cardozo Law Review featured a symposium on the sixtieth anniversary of the creation of the Securities and Exchange Commission ("SEC" or the "Commission") and the commencement of federal regulation of securities trading in the United States. This is certainly an anniversary worthy of note; unfortunately, the one Article in the symposium devoted to offering a broad ranging appraisal of the SEC's record was so one-sided and inadequate that a reader could be excused for wondering why we ever set up a system of securities regulation at all, let alone celebrate its continuing existence. The …


The Internal And External Analysis Of Concepts, Randy Barnett Feb 1990

The Internal And External Analysis Of Concepts, Randy Barnett

Cardozo Law Review

No abstract provided.


Partitions In Kind: A Preference Without Favor, Candace Reid Jan 1986

Partitions In Kind: A Preference Without Favor, Candace Reid

Cardozo Law Review

No abstract provided.


Contempt And The Automatic Stay Of The 1978 Bankruptcy Code: Are They Compatible, J. Steven Feldman Jan 1984

Contempt And The Automatic Stay Of The 1978 Bankruptcy Code: Are They Compatible, J. Steven Feldman

Cardozo Law Review

No abstract provided.


Salvage And The Public Interest, Steven F. Friedell Jan 1983

Salvage And The Public Interest, Steven F. Friedell

Cardozo Law Review

No abstract provided.


The Application Of Constitutive Prescriptions: An Addendum To Justice Cardozo, Myres S. Mcdougal Jan 1979

The Application Of Constitutive Prescriptions: An Addendum To Justice Cardozo, Myres S. Mcdougal

Cardozo Law Review

No abstract provided.