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Agenda: Best Management Practices And Adaptive Management In Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center

Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)

Agenda includes summaries of speakers' presentations

Workshop held May 12-13, 2004 at the University of Colorado School of Law and sponsored by the Natural Resources Law Center with support from the William and Flora Hewlett Foundation, BP America and Calpine Corporation

Government agencies, industry and others are beginning to apply the concepts of best management practices and adaptive management to oil and gas development. This free workshop will examine what is going on in the Rocky Mountain Region with these innovative management approaches. This timely workshop will be kicked off with a presentation on the Western Governors' Association Coalbed Methane …

Foster Care Placement: Reducing The Risk Of Sibling Incest, David J. Herring

University of Michigan Journal of Law Reform

The Westermarck theory maintains that incest avoidance arises from the physical proximity of siblings during a critical period of early childhood. This proximity gives rise to an inhibiting effect on post childhood sexual interest. Two recent studies of sibling relationships have verified and refined the Westermarck theory, indicating that the critical period extends through the first four years of childhood. The theory and the studies have implications for child welfare laws, policies and practices surrounding the placement of siblings in foster care. Namely, the findings provide powerful reasons for placing siblings together during the critical period in order to minimize …

So You've Been Preempted-What Are You Going To Do Now?: Solutions For States Following Federal Preemption Of State Predatory Lending Statutes, Christopher R. Childs

BYU Law Review

No abstract provided.

Term Limits In State Legislative Elections: Less Value For More Money?, Steven F. Huefner

Indiana Law Journal

No abstract provided.

Supermajority Provisions, Guinn V. Legislature And A Flawed Constitutional Structure, Steve R. Johnson

Scholarly Publications

The constitutional crisis of 2003 was a defining event for Nevada and may prove instructive for the rest of the nation. Among the prominent features in the topography of the crisis were (1) state constitutional provisions that required two-thirds legislative approval for tax increases but only simple majority approval for spending increases and (2) the State Supreme Court’s decisions in Guinn v. Legislature that ended the immediate impasse. Both are focal points of continuing controversy.

Criticism of the Guinn decision has exceeded praise of it – probably in frequency, certainly in passion and rhetorical exuberance. In my view, much of …

The Effects Of Quebec's Municipal Merger Law On Montreal: Mega-City Or Mega-Blunder?, Chad E. Tepper

Cardozo Journal of International and Comparative Law

The note examines the impact of Quebec's Municipal Merger Law, enacted in 2000, on the Anglophone community, arguing that the law has eroded Anglophone rights, reduced political representation, and exacerbated linguistic tensions. The law, upheld by courts as constitutional, amalgamated 64 municipalities into five megacities, including Montreal, and designated Montreal as unilingually French, contrary to prior bilingual frameworks. The merger process was criticized for its undemocratic nature, lack of public consultation, and disproportionate harm to Anglophone civil service employment. The analysis highlights the long-standing tensions between Anglophone and Francophone communities and explores the high costs and political challenges of reversing …

To Elect Or Not To Elect: A Case Study Ofjudicial Selection In New York City 1977-2002, Steven Zeidman

University of Michigan Journal of Law Reform

This Article examines the process of judicial selection in New York State in light of the recent court decisions in White and Spargo, which have paved the way for increased campaign speech in judicial elections. Relying on empirical data to compare judicial elections and appointments in New York City between 1977 and 2002, the Article finds that elections produce a judiciary that is more beholden to interest groups than one generated through appointments. The consequence of this greater special interest involvement is an erosion of public trust and confidence in the judiciary. Moreover while elections arguably have increased diversity in …

Appeal No. 0721: Eric Heinselman V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2003-54

Appeal No. 0731: Brian Mccort V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2003-96

Appeal No. 0730: L.B.J. Drilling Co. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2003-90

The Continuing Showdown Over Who Should Regulate Amusement Attraction Safety: A Critical Analysis Of Why Fixed-Site Amusement Attraction Safety Should Remain State-Governed. , Chad Emerson

ExpressO

No abstract provided.

Supermajority Provisions, Guinn V. Legislature And A Flawed Constitutional Structure, Steve R. Johnson

Nevada Law Journal

No abstract provided.

Tax Legislation And Democratic Discourse: The Rhetoric Of Revenue And Politics, Leo P. Martinez

Nevada Law Journal

No abstract provided.

The Most Rational Branch: Guinn V. Legislature And The Judiciary's Role As Helpful Arbiter Of Conflict, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.

Anatomy Of The Federal Litigation: Challenging The Legislature's Actions In The Wake Of Guinn V. Legislature, John C. Eastman

Nevada Law Journal

No abstract provided.

The Future Of Guinn V. Legislature, Troy L. Atkinson

Nevada Law Journal

United States Supreme Court Justice Robert Jackson best articulated the human element, giving life to the Nation's Highest Court, when he stated: "We are not final because we are infallible, but we are infallible only because we are final." With the Legislature eventually approving a balanced budget by a supermajority vote, the Nevada Supreme Court's ruling in Guinn v. Legislature, will stand, at least for now, because it is "final." However, the Guinn ruling is far from "infallible." The circumstances leading to the Court's decision, as well as the court's logic, have created a dangerous precedent that could extend far …

Appeal No. 0719: Poston Operating Co., Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2003-26 and Chief's Order 2003-47

Appeal No. 0713: Gemini Energy, Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2002-67

Appeal No. 0728: Robert W. Barr, Dba Big Sky Petroleum V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2003-69

Appeal No. 0718: Poston Operating Co., Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2003-26 and Chief's Order 2003-47

Appeal No. 0725: Georgetown Oil Co., Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2003-62

The Irrelevance Of State Corporate Law In The Governance Of Public Companies, J. Robert Brown Jr.

Sturm College of Law: Faculty Scholarship

Weak state regulation of corporate governance process and the race to the bottom resulted in federal intervention in the 1930s and the adoption of the securities laws. The laws largely ousted the states from the corporate disclosure and proxy process. The duties of directors, however, remained subject to state regulation.

The race to the bottom, therefore, continued. One example was the adoption of waiver of liability provisions. It took less than two decades after Delaware adopted the first such provision in the aftermath of Van Gorkom for all 50 states to have something similar in place. Likewise, fiduciary obligations gradually …

Drawing The Lines More Brightly: The Minnesota Supreme Court Clarifies Past Insurance Coverage Precedent, Robert P. Thavis

William Mitchell Law Review

This article reports on two cases decided by the Minnesota Supreme Court during its 2003-04 term. The first is a major insurance coverage “trigger-and-allocation” case; the second is a tax case with implications for insurance coverage of electronic property.

Case Note: Property Law—Outdoor Advertising Control Acts Slice City Funds Into The Bunker—In Re Denial Of Eller Media Company’S Applications For Outdoor Advertising Device Permits In The City Of Mounds View, Sarah M. Stensland

William Mitchell Law Review

This note first examines a brief history of the municipal development of the comprehensive plan and outdoor advertising control legislation, the federal government’s promulgation of the Highway Beautification Act, and the Minnesota Outdoor Advertising Control Act. Upon review of the background of the Eller Media case, this note highlights the opinion rendered by the Minnesota Supreme Court. An analysis of the supreme court’s interpretation in light of the outdoor advertising control acts and regulations follows, including an examination of the policies that underlie the pertinent statutes. This note concludes that based on the state of the golf course today, the …

Avoidable Due Process Confusion: Special Use Hearings In Illinois After Klaeren, 38 J. Marshall L. Rev. 609 (2004), James C. Munson, Christi J. Guerrini

UIC Law Review

No abstract provided.

The States And The Electronic Communications Privacy Act: The Need For Legal Processes That Keep Up With The Times, 22 J. Marshall J. Computer & Info. L. 695 (2004), Monique Mattei Ferraro

UIC John Marshall Journal of Information Technology & Privacy Law

In criminal investigation when hours may mean the difference between successful resolution of a case or not, law enforcement must have an effective method of obtaining necessary information. The author offers an overview of the Electronic Communications Privacy Act (ECPA) and proceeds in a presentation of cybercrime investigations. The article further examines the differences and the occasional conflict existing between the federal and state law, traced into the variety and multitude of state and local laws and procedures regulating the obtaining of information but also into lack of state and local resources. Indeed state and local laws not only differ …

Medical Marijuana And Personal Autonomy, 37 J. Marshall L. Rev. 1253 (2004), Andrew J. Boyd

UIC Law Review

No abstract provided.

Family Leave Policies Trump States Rights: Nevada Department Of Human Resources V. Hibbs And Its Impact Of Sovereign Immunity Jurisprudence, 37 J. Marshall L. Rev. 599 (2004), Jana L. Tibben

UIC Law Review

No abstract provided.

A Dollar Short: The Impact Of The Can-Spam Act Of 2003 On Illinois Businesses, 37 J. Marshall L. Rev. 1289 (2004), Timothy S. O'Brien

UIC Law Review

No abstract provided.

How To Keep The Lights On: An Exploration Of The Abrogration Of Wholesale Energy Contracts, 38 J. Marshall L. Rev. 303 (2004), Brian Bassett

UIC Law Review

No abstract provided.