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Articles 3001 - 3030 of 5612

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

What We Owe The World Are Thoughtful War-Crimes Trials That Do Justice Without Unduly Jeopardizing Innocent Lives By Compromising Vital Intelligence Comment., Sherry M. Barnash Jan 2007

What We Owe The World Are Thoughtful War-Crimes Trials That Do Justice Without Unduly Jeopardizing Innocent Lives By Compromising Vital Intelligence Comment., Sherry M. Barnash

St. Mary's Law Journal

In Hamdan v. Rumsfeld, the United States Supreme Court held the military commission convened to try accused terrorist Salim Ahmen Hamdan was unlawful. The Court concluded the Government could not lawfully proceed using established commission rules because the commission differed from courts-martial and did not follow certain aspects of the Geneva Convention. One procedure the Court found troubling was a provision in the Military Commission Order No. 1 which allowed the exclusion of the defendant and his civilian counsel from certain proceedings. Yet, denial of access was nothing new, as three decades prior Congress enacted the Classified Information Procedures Act …

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The Evolving Standard For Granting Mandamus Relief In The Texas Supreme Court: One More Mile Market Down The Road Of No Return., Richard E. Flint Jan 2007

The Evolving Standard For Granting Mandamus Relief In The Texas Supreme Court: One More Mile Market Down The Road Of No Return., Richard E. Flint

St. Mary's Law Journal

The Prudential balancing test should be of concern for anyone interested in the rule of law. This test is the current binding precedent for determining when an appellate court should exercise its mandamus authority upon a finding of a clear abuse of discretion. This test has substantially altered one of the most time honored principles of mandamus jurisprudence, and replaced it with a newly articulated standard that leads to nothing short of ad hoc decision making. In the area of mandamus jurisprudence, the Texas Supreme Court has, from time to time, developed different ways to circumvent the common law history …

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Judicial Review Of Arbitration Awards In The Fifth Circuit., Christopher D. Kratovil Jan 2007

Judicial Review Of Arbitration Awards In The Fifth Circuit., Christopher D. Kratovil

St. Mary's Law Journal

In the wake of a defeat in arbitration, trial lawyers seek appellate counsel looking for some method to escape the arbitrator’s decision. Most leave such offices disappointed after having been informed arbitration awards will be set aside by the courts “only in very unusual circumstances.” The Federal Arbitration Act (FAA) fully endorses arbitration and liberally encourages its use as an alternative to traditional litigation. Consistent with Congress’ focus on speed, efficiency, and cost reduction, a critical goal of arbitration is to establish “finality” at the earliest possible point. Unfortunately, early finality is antithetical to robust appellate proceedings. Yet, the FAA …

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The Storm Between The Quiet: Tumult In The Texas Supreme Court, 1911-21., Michael S. Ariens Jan 2007

The Storm Between The Quiet: Tumult In The Texas Supreme Court, 1911-21., Michael S. Ariens

St. Mary's Law Journal

The Texas Supreme Court from 1911–1921 is best known not for the law it made or the opinions it wrote, but for its failure to decide cases. Although the supreme court’s difficulty in clearing its docket existed before 1911, the number of outstanding cases exploded during the second decade of the twentieth century. Arguably, the issue of statewide prohibition and the divergent views held on that issue by members of the Texas Supreme Court was the driving force behind the disharmony and dysfunctionality of the court during this decade. Statewide prohibition explains why elections of candidates to the court were …

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Setting The Limits In Texas Construction Law: A Look At The Surety's Limitations Under Indemnity Agreements And Equitable Subrogation Comment., John C. Warren Jan 2007

Setting The Limits In Texas Construction Law: A Look At The Surety's Limitations Under Indemnity Agreements And Equitable Subrogation Comment., John C. Warren

St. Mary's Law Journal

To clarify divergent case law, Texas courts should adopt good faith as the necessary standard governing indemnity agreements. Texas court decisions limiting settlement of bond claims by sureties can be split into three categories: (1) those cases where indemnity agreements fail to vest authority in the indemnitee to settle claims or require a good faith standard; (2) those expressly stating indemnitees have authority to settle claims in good faith; and (2) those expressly vesting a surety with exclusive rights to determine which bonded claims should be settled. Under the first line of cases courts apply common law indemnity principles requiring …

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The Trans-Texas Corridor Plan: Will Best Value Highway Contract Procurement Under Comprehensive Development Agreements Leave The Lowest Competitive Bidder In The Dust Comment., Jason C. Petty Jan 2007

The Trans-Texas Corridor Plan: Will Best Value Highway Contract Procurement Under Comprehensive Development Agreements Leave The Lowest Competitive Bidder In The Dust Comment., Jason C. Petty

St. Mary's Law Journal

Abstract Forthcoming.

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The Regional Greenhouse Gas Initiative And California Assembly Bill 1493: Filling The American Greenhouse Gas Regulation Void, Michael H. Wall Jan 2007

The Regional Greenhouse Gas Initiative And California Assembly Bill 1493: Filling The American Greenhouse Gas Regulation Void, Michael H. Wall

University of Richmond Law Review

No abstract provided.

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Arbitration Of International Oil, Gas, And Energy Disputes In Latin America, Alexia Brunet, Juan Agustin Lentini Jan 2007

Arbitration Of International Oil, Gas, And Energy Disputes In Latin America, Alexia Brunet, Juan Agustin Lentini

Northwestern Journal of International Law & Business

An increase in global reliance on fossil fuels has prompted greater discussion on energy security. For the United States, interest has focused on ensuring that countries in the Western Hemisphere, which currently supply roughly half of U.S. imports of crude oil and petroleum products, remain stable sources of energy. While concerns have focused on political instability and a rising interest in the hemisphere's energy resources by China and India, the conversation centers on a hemispheric trend toward resource nationalism. Resource nationalism is exemplified by the global trend of placing the world's oil reserves under the control of national oil companies …

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Mining And The World Heritage Convention: Democratic Legitimacy And Treaty Compliance, Natasha Affolder Jan 2007

Mining And The World Heritage Convention: Democratic Legitimacy And Treaty Compliance, Natasha Affolder

All Faculty Publications

International treaties and the institutions which administer them are increasingly the subjects of democratic scrutiny. In recent disputes surrounding mining projects in and around World Heritage Sites, the legitimacy of the World Heritage Convention regime has been attacked for a host of democratic failings. These accusations of democratic deficits originate from both opponents and supporters of the Convention regime. They challenge the compatibility of international processes with national law and institutions, raise questions of accountability and transparency, and revisit tensions between state sovereignty and common heritage. To foster compliance with the World Heritage Convention, we need to boldly engage with …

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Inter-American System, Diego Rodriguez-Pinzon Jan 2007

Inter-American System, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Variations In The Marketable-Product Rule From State To State, Rachel M. Kirk Jan 2007

Variations In The Marketable-Product Rule From State To State, Rachel M. Kirk

Oklahoma Law Review

No abstract provided.

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Adverse To Reason: The Texas Supreme Court’S Disconcerting Approach To Adverse Possession Of Mineral Leases In The Pool Case And Its Progeny, Ivan Laurence London Jan 2007

Adverse To Reason: The Texas Supreme Court’S Disconcerting Approach To Adverse Possession Of Mineral Leases In The Pool Case And Its Progeny, Ivan Laurence London

Oklahoma Law Review

No abstract provided.

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From Walden To Wall Street: Frontiers Of Conservation Finance, Edited By James N. Levitt, Patrick J. Redmond Jan 2007

From Walden To Wall Street: Frontiers Of Conservation Finance, Edited By James N. Levitt, Patrick J. Redmond

Natural Resources Journal

No abstract provided.

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Arbitration Of International Oil, Gas, And Energy Disputes In Latin America, Alexia Brunet, Juan Agustin Lentini Jan 2007

Arbitration Of International Oil, Gas, And Energy Disputes In Latin America, Alexia Brunet, Juan Agustin Lentini

Publications

No abstract provided.

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Appeal No. 0768: James W. & Patricia A. Best V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Dec 2006

Appeal No. 0768: James W. & Patricia A. Best V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2006-117 (Great Lakes Energy Partners, LLC)

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Appeal No. 0765: Rockwell Resources, Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Dec 2006

Appeal No. 0765: Rockwell Resources, Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2005-111 and 2006-93

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Appeal No. 0766: Rockwell Resources, Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Dec 2006

Appeal No. 0766: Rockwell Resources, Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2006-89

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Appeal No. 0767: Rockwell Resources, Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Dec 2006

Appeal No. 0767: Rockwell Resources, Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2005-111 and 2006-93

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Appeal No. 0769: Circle G. Lazy K Ranch V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Dec 2006

Appeal No. 0769: Circle G. Lazy K Ranch V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2006-112 (David R. Hill, Inc.)

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Appeal No. 0759: D & L Energy, Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Dec 2006

Appeal No. 0759: D & L Energy, Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2006-65

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Appeal No. 0757: William & Polly Chandler V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Nov 2006

Appeal No. 0757: William & Polly Chandler V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2006-57

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A Complete Property Right Amendment, John H. Ryskamp Oct 2006

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

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Appeal No. 0761: A.W. Tipka Oil & Gas, Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Oct 2006

Appeal No. 0761: A.W. Tipka Oil & Gas, Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2006-80

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Appeal No. 0742: B & B Petroleum V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Sep 2006

Appeal No. 0742: B & B Petroleum V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2004-88

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Appeal No. 0756: Dalton Smith V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Aug 2006

Appeal No. 0756: Dalton Smith V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2006-36

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Appeal No. 0758: John C. Brown V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Aug 2006

Appeal No. 0758: John C. Brown V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2006-56

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Appeal No. 0760: A.W Tipka Oil & Gas, Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Aug 2006

Appeal No. 0760: A.W Tipka Oil & Gas, Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2006-76

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Addressing Perceptions Of Procedural Unfairness In Compulsory Unitization By Appointing Neutral Experts, Gideon Wiginton Aug 2006

Addressing Perceptions Of Procedural Unfairness In Compulsory Unitization By Appointing Neutral Experts, Gideon Wiginton

American University Law Review

No abstract provided.

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Tough Love: The Dramatic Birth And Looming Demise Of Unclos Property Law (And What Is To Be Done About It), Peter S. Prows Jul 2006

Tough Love: The Dramatic Birth And Looming Demise Of Unclos Property Law (And What Is To Be Done About It), Peter S. Prows

ExpressO

The 1982 United Nations Convention on the Law of the Sea (“UNCLOS”) represents the culmination of thousands of years of international relations, conflict, and now nearly universal adherence to an enduring order for ocean space that is the most significant achievement for international law since the UN Charter. UNCLOS establishes international property law erga omnes that, by legal and political necessity, required a bargained consensus to be effective. This bargain, in essence, provided coastal States with extended but limited jurisdictions, while ensuring that the seabed and its mineral resources beyond were the “common heritage of mankind” that would peaceably and …

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The Commerce Clause, Interstate Compacts, And Marketing Water Across State Boundaries, Olen Paul Matthews, Michael Pease Jul 2006

The Commerce Clause, Interstate Compacts, And Marketing Water Across State Boundaries, Olen Paul Matthews, Michael Pease

Natural Resources Journal

No abstract provided.

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