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Articles 3031 - 3060 of 5612

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

An Economic Assessment Of The Sonoran Desert Conservation Plan, Rosalind Bark-Hodgins, Bonnie G. Colby Jul 2006

An Economic Assessment Of The Sonoran Desert Conservation Plan, Rosalind Bark-Hodgins, Bonnie G. Colby

Natural Resources Journal

No abstract provided.


The Rise And Fall Of The Ebro Water Transfer, Jose Albiac, Michael Hanemann, Javier Calatrava, Javier Uche, Javier Tapia Jul 2006

The Rise And Fall Of The Ebro Water Transfer, Jose Albiac, Michael Hanemann, Javier Calatrava, Javier Uche, Javier Tapia

Natural Resources Journal

No abstract provided.


A People's History Of Wilderness, Edited By Matt Jenkins, Laura Pritchett Jul 2006

A People's History Of Wilderness, Edited By Matt Jenkins, Laura Pritchett

Natural Resources Journal

No abstract provided.


Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp Jun 2006

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.


Appeal No. 0750: Paul A. Grim V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission May 2006

Appeal No. 0750: Paul A. Grim V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2005-20


Appeal No. 0754: Valley Petroleum Management V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission May 2006

Appeal No. 0754: Valley Petroleum Management V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2005-81


Appeal No. 0755: Heartland Oil & Gas, Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission May 2006

Appeal No. 0755: Heartland Oil & Gas, Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2005-99


Using Capture Theory And Chronology In Eminent Domain Proceedings, John H. Ryskamp May 2006

Using Capture Theory And Chronology In Eminent Domain Proceedings, John H. Ryskamp

ExpressO

Capture theory--in which private purpose is substituted for government purpose--sheds light on a technique which is coming into greater use post-Kelo v. New London. That case affirmed that eminent domain use need only be rationally related to a legitimate government purpose. Capture theory focuses litigators' attention on "government purpose." That is a question of fact for the trier of fact. This article shows how to use civil discovery in order to show the Court that private purpose has been substituted for government purpose. If it has, the eminent domain use fails, because the use does not meet minimum scrutiny. This …


New Paradigm: Indian Tribes In The Land Of Unintended Consequences, Sam Deloria Apr 2006

New Paradigm: Indian Tribes In The Land Of Unintended Consequences, Sam Deloria

Natural Resources Journal

No abstract provided.


Linking Natural Resource Exploitation And Primary Health Care In Developing Countries, Alexandros Zervos Mar 2006

Linking Natural Resource Exploitation And Primary Health Care In Developing Countries, Alexandros Zervos

ExpressO

In exchange for loans from international financial institutions, natural resources companies should be made contractually responsible for achieving specific primary health care targets in certain developing countries they invest in. Primary health care is crucial for social/economic development, but many developing countries’ governments fail in its provision. Any effort to make natural resources companies responsible for primary health care would need to focus on goal setting, monitoring and legal enforcement. The latter would include both monetary sanctions and incentives tied to specific targets. The challenges facing this project are significant, but none are problematic enough to prevent its implementation.


Appeal No. 0753: Kerogen Resources, Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Feb 2006

Appeal No. 0753: Kerogen Resources, Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2005-54


Can Stapling Create Harmony: The Joa And The Copas Accounting Procedure, Susan R. Richardson Feb 2006

Can Stapling Create Harmony: The Joa And The Copas Accounting Procedure, Susan R. Richardson

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.


Joint Operating Agreement - Case Law Update And Other Matters Of Interest, Michel E. Curry Feb 2006

Joint Operating Agreement - Case Law Update And Other Matters Of Interest, Michel E. Curry

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.


Rights And Conflicts Among Surface Owners, Mineral Owners And Lessees In Arkansas, G. Alan Perkins Feb 2006

Rights And Conflicts Among Surface Owners, Mineral Owners And Lessees In Arkansas, G. Alan Perkins

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.


Arkansas Tax Titles Revisited, Carolyn J. Clegg Feb 2006

Arkansas Tax Titles Revisited, Carolyn J. Clegg

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.


Recent Developments In The Law Of Oil And Gas: An Update On Unitization And Well Density In Arkansas, Thomas A. Daily Feb 2006

Recent Developments In The Law Of Oil And Gas: An Update On Unitization And Well Density In Arkansas, Thomas A. Daily

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.


Alternative Dispute Resolution, Robert E. Hornberger Feb 2006

Alternative Dispute Resolution, Robert E. Hornberger

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.


Diminishing Borders In Trade And Terrorism: An Examination Of Regional Apllicability Of Gatt Article Xxi National Security Trade Sanctions, Eric J. Lobsinger Jan 2006

Diminishing Borders In Trade And Terrorism: An Examination Of Regional Apllicability Of Gatt Article Xxi National Security Trade Sanctions, Eric J. Lobsinger

ILSA Journal of International & Comparative Law

The concept of "war" has undergone extensive usage in U.S. foreign policy since the terrorist attacks of September 11,2001.


Volume 6 Issue 3, Sustainable Development Law & Policy Jan 2006

Volume 6 Issue 3, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.


Editors' Note, Kelly Rain, Kirk Herbertson Jan 2006

Editors' Note, Kelly Rain, Kirk Herbertson

Sustainable Development Law & Policy

No abstract provided.


Drilling Deeper, Drilling More, Chris Stefan Jan 2006

Drilling Deeper, Drilling More, Chris Stefan

Sustainable Development Law & Policy

No abstract provided.


Standefer V. State: The Creation Of The Criminal Defendant's Diminished Right To A Trial By A Fair And Impartial Jury., Esperanza Guzman Jan 2006

Standefer V. State: The Creation Of The Criminal Defendant's Diminished Right To A Trial By A Fair And Impartial Jury., Esperanza Guzman

St. Mary's Law Journal

In Texas, the right of an accused to have an impartial jury is firmly grounded in the voir dire process, the definitive goal of which is to empanel a fair and impartial jury. The right to a fair and impartial jury is bolstered by the voir dire examination. There have been large discrepancies over the types of questions which can be asked during the voir dire process. The court’s attempt to simplify the process of differentiating between proper and improper voir dire questions has “muddied the issue” for court participants and has resulted in the deprivation of a criminal defendant’s …


2003 Texas House Bill 4: Unanimous Exemplary Damage Awards And Texas Civil Jury Instructions., Patricia F. Miller Jan 2006

2003 Texas House Bill 4: Unanimous Exemplary Damage Awards And Texas Civil Jury Instructions., Patricia F. Miller

St. Mary's Law Journal

Lawmakers and other supporters of tort reform generally describe enacted tort reform legislation as having a positive effect on consumers. But tort reform can create new hurdles for plaintiffs seeking damage awards in civil litigation. The Texas Legislature’s 2003 House Bill 4 (H.B. 4) amendment to the Texas Civil Practice and Remedies Code (Code) represents the most recent example of major tort reform in Texas. It has yet to be seen whether H.B. 4 will meet promised expectations. What is clear is H.B. 4 will adversely affect Texas plaintiffs seeking exemplary (punitive) damages from a jury. The H.B. 4 amendment …


Sandbagging Closed Texas Courtrooms With Senate Bill 15: The Texas Legislature's Attempt To Control Frivolous Silicosis Claims Without Restricting The Constitutional Rights Of Silicosis Sufferers., John G. George Jan 2006

Sandbagging Closed Texas Courtrooms With Senate Bill 15: The Texas Legislature's Attempt To Control Frivolous Silicosis Claims Without Restricting The Constitutional Rights Of Silicosis Sufferers., John G. George

St. Mary's Law Journal

In the 1980s, Texas became a focal point for silicosis litigation. Statutes enacted to limit the liability of employers were not broad enough to limit the liability of silica sand suppliers. The increased number of claims are restricting the ability to receive compensation for those who truly deserve it. While the number of deaths has dropped dramatically, the number of claims has increased. Recently enacted Senate Bill 15 (S.B. 15) is the Texas Legislature’s answer to problems created by the large amount of frivolous silica-related claims. The goal of S.B. 15 is to protect the rights of those with silica …


Appellate Standards Of Conduct As Adopted In Texas The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility: Essays., Catherine Stone Jan 2006

Appellate Standards Of Conduct As Adopted In Texas The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility: Essays., Catherine Stone

St. Mary's Law Journal

It was not until 1987 that the State Bar of Texas created an Appellate Practice & Advocacy Section. As lawyers began concentrating on appellate law as a specialty, other practitioners began to realize that appellate practice requires a unique skill set. As recognition of this skill set grew, litigators began hiring these specialized lawyers to assist in preserving error at the trial level. Over the years, the need for a more professional approach to the practice of appellate law persisted until the “Standards of Appellate Conduct” (the Standards) was jointly adopted by the Texas Supreme Court and Texas Court of …


Hurricane Katrina: The Duties And Responsibilities Of An Attorney In The Wake Of A Natural Disaster The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility: Comment., Brenna G. Nava Jan 2006

Hurricane Katrina: The Duties And Responsibilities Of An Attorney In The Wake Of A Natural Disaster The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility: Comment., Brenna G. Nava

St. Mary's Law Journal

Hurricane Katrina ravaged the legal system as well as the corporate world by leaving courtrooms and law firms filled with water. In the storm’s aftermath the luckiest law firms were those large enough to have offices in cities other than those directly affected by the hurricane. Many recent disasters have heavily affected the legal system, including flooded basements, office fires, hard drive crashes, terrorist attacks, tornados or earthquakes. And each new disaster brings different consequences. Those who create disaster plans are better equipped to handle and recover from each new series of setbacks. While various firms and courts made plans …


China's Acquisitions Abroad - Global Ambitions, Domestic Effects, Nicholas C. Howson Jan 2006

China's Acquisitions Abroad - Global Ambitions, Domestic Effects, Nicholas C. Howson

Articles

In the past year or so, the world has observed with seeming trepidation what appears to be a new phenomenon-China's "stepping out" into the world economy. The move, labeled the "Going Out Strategy" by Chinese policy makers, sees China acting in the world not just as a trader of commodities and raw materials, or the provider of inexpensively-produced consumer goods for every corner of the globe, but as a driven and sophisticated acquirer of foreign assets and the equity interests in the legal entities that control such assets. The New Yorker magazine, ever topical and appropriately humorous, highlighted this attention …


Aquaculture Law And Policy In Canada And The Duty To Consult With Aboriginal Peoples, Richard Devlin, Ronalda Murphy Jan 2006

Aquaculture Law And Policy In Canada And The Duty To Consult With Aboriginal Peoples, Richard Devlin, Ronalda Murphy

Articles, Book Chapters, & Popular Press

In November 2003, a Mi’kmaq elder from the community of Eskasoni launched a court action seeking to stop seismic testing in the waters off Cape Breton. He claimed that the government of Nova Scotia had failed to consult with his First Nation before issuing an approval to allow the testing by Corridor Resources, as part of its oil and gas exploration program.1 Aboriginal communities throughout Canada assert they must be consulted before governments or corporations make decisions that could impair the constitutional rights of Aboriginal peoples. Invocation of the duty to consult as an independent source of legal entitlement is …


Exploring Disqualification Of Counsel In Texas: A Balancing Of Competing Interests The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility., Rebecca Simmons, Manuel C. Maltos Jan 2006

Exploring Disqualification Of Counsel In Texas: A Balancing Of Competing Interests The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility., Rebecca Simmons, Manuel C. Maltos

St. Mary's Law Journal

Uncertainty over conduct which results in disqualification can be costly and the laws relating to disqualification may be widely known but their application is difficult. Rigid application of irrebuttable presumptions and imputation of knowledge may result in disqualification of a client’s chosen counsel. Even if an attorney succeeds in opposing a motion to disqualify, the resulting costs and delay may damage the attorney-client relationship more than if the attorney had simply declined the representation. Motions to disqualify usually arise from conflicts of interest involving former clients. The law of disqualification, in this instance, is well developed and largely based on …


Take The Money Or Run: The Risky Business Of Acting As Both Your Client's Lawyer And Bail Bondsman The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility., Dayla S. Pepi, Donna D. Bloom Jan 2006

Take The Money Or Run: The Risky Business Of Acting As Both Your Client's Lawyer And Bail Bondsman The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility., Dayla S. Pepi, Donna D. Bloom

St. Mary's Law Journal

The American Bar Association strongly discourages lawyers from being bondsmen due to the conflicts that can arise when a criminal defense attorney acts as their client's bail bondsman. These same ethical dilemmas can also be encountered in posting a bond for a client in civil matters such as probate, family law, and appeals. In Texas, lawyers are exempt from the requirements of licensure as a bondsmen, including the requirement to maintain a particular level of security to underwrite the bonds. Nonetheless, lawyers are still required to conform to the requirements regulating the practice of bondsmen. It is not enough for …