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Specialty Juvenile Courts In Texas: Using The Rehabilitative Juvenile Justice Approach To Reform Texas's Youngest Gang Members., Drew Darnell 2013 St. Mary's University

Specialty Juvenile Courts In Texas: Using The Rehabilitative Juvenile Justice Approach To Reform Texas's Youngest Gang Members., Drew Darnell

St. Mary's Law Journal

Abstract Forthcoming.


To A Professor: Douglas Haddock Retires., Charles Epps Ipock 2013 St. Mary's University

To A Professor: Douglas Haddock Retires., Charles Epps Ipock

St. Mary's Law Journal

Abstract Forthcoming.


New Oil And Old Laws: Problems In Allocation Of Production To Owners Of Non-Participating Royalty Interests In The Era Of Horizontal Drilling., Benjamin Holliday 2013 St. Mary's University

New Oil And Old Laws: Problems In Allocation Of Production To Owners Of Non-Participating Royalty Interests In The Era Of Horizontal Drilling., Benjamin Holliday

St. Mary's Law Journal

Oil and gas exploration and production is not only a big business, it is also an expensive one. As with any business, when faced with competing alternatives, operators generally prefer to pursue exploration in areas with more stable and predictable legal environments. Efforts have previously been made to make Texas such an environment, but as technology advances, legal rules often become unclear in their application. The explosion in horizontal drilling activity is challenging the courts and the Texas Railroad Commission to apply and adapt traditional legal and regulatory concepts to horizontal wells. The growing dominance of horizontal well development is …


Texas Legislative Implications For Minors Accused Of Sexting., Mallory N. Myers 2013 St. Mary's University

Texas Legislative Implications For Minors Accused Of Sexting., Mallory N. Myers

St. Mary's Law Journal

State legislation criminalizing sexting—the possession or electronic transmission of visual material capturing a minor engaged in sexual conduct—should not punish minors similarly to adults. The Adam Walsh Child Protection and Safety Act of 2006 (Walsh Act) in conjunction with the Sex Offender Registration & Notification Act (SORNA), require that any individual, including a minor, convicted of child pornography register as a sex offender. As a result, states with legislation that categorize sexting as child pornography, will require a minor with a sexting conviction to register as a sex offender. This disportionate punishment on the minor will make it difficult for …


Water Can Be For Drinking Again: Economic And Collaborative Solutions To A Texas Water Fight., Aaron Culp 2013 St. Mary's University

Water Can Be For Drinking Again: Economic And Collaborative Solutions To A Texas Water Fight., Aaron Culp

St. Mary's Law Journal

Abstract Forthcoming.


Hydraulic Fracturing: Sources Of Law And Information, Barbara H. Garavaglia 2013 University of Michigan Law School

Hydraulic Fracturing: Sources Of Law And Information, Barbara H. Garavaglia

Articles

Hydraulic fracturing—also known as fracking—has become increasingly controversial in the United States over the past several years, especially in states such as Michigan with large shale gas deposits that were previously unextractable. In 2012, a Michigan fracking ban initiative failed to make it onto the November statewide ballot, but citizens groups are presently collecting signatures in an attempt to get the initiative onto the November 2014 ballot as an “initiated state statute.” And, more recently, state auctions of drilling permits have been the scenes of citizen protests driven by concerns about the potential environmental impacts of hydraulic fracturing.


Recensión A Vergara Blanco, Alejandro (2013): Sistema De Derecho Minero (Legal Publishing Thomson Reuters, Santiago), Marcelo Mardones 2012 Selected Works

Recensión A Vergara Blanco, Alejandro (2013): Sistema De Derecho Minero (Legal Publishing Thomson Reuters, Santiago), Marcelo Mardones

Marcelo Mardones

No abstract provided.


Gaming The System: Bio-Economics, Game Theory, & Fisheries Management, Richard A. Grisel 2012 Lewis & Clark Law School

Gaming The System: Bio-Economics, Game Theory, & Fisheries Management, Richard A. Grisel

Richard A Grisel

This paper argues that game theory provides powerful, effective new tools to analyze externalities that occur in the context of strategic, multi-party, interactive decision-making. I will attempt to treat this as a non-technical paper and avoid the complex mathematics better left to economists and mathematicians. Instead, a more achievable goal is to illustrate how high-seas open-access fishing is virtually identical to a game situation, treat the fundamentals of game theory, and demonstrate that game theoretic analyses are well-suited and fruitful for designing effective policy responses to fisheries management, particularly with respect to the straddling stocks problem. Indeed, one seminal fisheries …


Injunctions Against The Opening Of Gas Storage Facilities, Jorge E. De Hoyos Walther 2012 Universidad Autonoma de Baja California

Injunctions Against The Opening Of Gas Storage Facilities, Jorge E. De Hoyos Walther

Jorge E De Hoyos Walther

A recent decision from the Mexican Supreme Court, clarified the issued as to whether State Courts may issued injunctions against the opening of gas storage facilities related to the gas pipelines for the distribution of natural gas.


Oil Development In Anwr: The Precautionary Principle Is Compatible With The Fish And Wildlife Service's Statutory Mandate, Trisna Tanus 2012 University of Washington School of Law

Oil Development In Anwr: The Precautionary Principle Is Compatible With The Fish And Wildlife Service's Statutory Mandate, Trisna Tanus

Washington Journal of Environmental Law & Policy

The potential for oil production in the Arctic National Wildlife Refuge (ANWR) coastal plain, otherwise known as the 1002 Area, is significant, with a current value of $770 billion. Yet, there are considerable knowledge gaps and disagreements over the environmental impacts of oil development in ANWR. The Fish and Wildlife Service (FWS) manages ANWR and is tasked with advancing the refuge’s mission of ecological conservation. Before it can approve oil development in ANWR, the FWS is statutorily required to ensure that oil development is compatible with ANWR’s mission. This Comment argues that the precautionary principle is embedded within the laws …


The Illusion Of The Blue Flame: Water Law And Unconventional Gas Drilling In New York, Anne Marie Garti 2012 Pace University School of Law

The Illusion Of The Blue Flame: Water Law And Unconventional Gas Drilling In New York, Anne Marie Garti

Elisabeth Haub School of Law Student Publications

This article explores the question of whether natural gas can still be considered a clean fuel by probing the relationship of water law and hydraulic fracturing in New York State. The paper begins by explaining the geology of tight shales, the engineering techniques needed to extract gas from solid rock, and the density and location of drilling that would be allowed under New York State law. Relying on information provided by the New York State Department of Environmental Conservation, scientific studies, and press accounts of the unprecedented citizen advocacy on this matter, it goes on to show the sharp distinction …


Regulatory Blowout: How Regulatory Failures Made The Bp Disaster Possible, And How The System Can Be Fixed To Avoid A Recurrence, Alyson Flournoy, William Andreen, Rebecca Bratspies, Holly Doremus, Victor Flatt, Robert Glicksman, Joel Mintz, Daniel Rohlf, Amy Sinden, Rena I. Steinzor, Joseph Tomain, Sandra Zellmer, James Goodwin 2012 University of Maryland School of Law

Regulatory Blowout: How Regulatory Failures Made The Bp Disaster Possible, And How The System Can Be Fixed To Avoid A Recurrence, Alyson Flournoy, William Andreen, Rebecca Bratspies, Holly Doremus, Victor Flatt, Robert Glicksman, Joel Mintz, Daniel Rohlf, Amy Sinden, Rena I. Steinzor, Joseph Tomain, Sandra Zellmer, James Goodwin

Holly Doremus

The BP oil spill in the Gulf of Mexico is destined to take its place as one of the greatest environmental disasters in the history of the United States, or for that matter, of the entire planet. Like so many other disasters on that list, it was entirely preventable. BP must shoulder its share of the blame, of course. Similarly, the Minerals Management Service (MMS) – since reorganized and rebranded – has come under much deserved criticism for its failure to rein in BP’s avaricious approach to drilling even where it was unable to respond to a worst-case scenario in …


Through Another's Eyes: Getting The Benefit Of Outside Perspectives In Environmental Review, Holly Doremus 2012 University of California, Berkeley

Through Another's Eyes: Getting The Benefit Of Outside Perspectives In Environmental Review, Holly Doremus

Holly Doremus

The Deepwater Horizon blowout has important lessons to teach about environmental review. It is easy to scapegoat the former Minerals Management Service (MMS) for shoddy environmental analysis. But captive agencies are a common phenomenon. Oversight by environmental mission agencies is supposed to provide a check on their myopia. Several external reviews of MMS’s environmental analysis were conducted, but none uncovered MMS’s wildly incorrect estimates of the probability, magnitude, and consequences of a blowout. This article details the external reviews, explains why they proved ineffective, and offers suggestions for improvement. Outside review cannot be effective unless reviewers understand the importance of …


Interdictos En Contra De Contruccion De Ductos De Distribucion De Gas Natural., Jorge E. De Hoyos Walther 2012 Universidad Autonoma de Baja California

Interdictos En Contra De Contruccion De Ductos De Distribucion De Gas Natural., Jorge E. De Hoyos Walther

Jorge E De Hoyos Walther

Se analiza la más reciente jurisprudencia de la SCJN, referente a los interdictos en contra de construcción de ductos para la distribución de gas natural.


The 2012 U.S.-Mexico Agreement On Transboundary Hydrocarbon Reservoirs In The Gulf Of Mexico: A Blueprint For Progress Or A Recipe For Conflict?, Jorge A. Vargas 2012 University of San Diego

The 2012 U.S.-Mexico Agreement On Transboundary Hydrocarbon Reservoirs In The Gulf Of Mexico: A Blueprint For Progress Or A Recipe For Conflict?, Jorge A. Vargas

San Diego International Law Journal

This Article is divided into four parts. Parts I and II describe each of the four previous U.S.-Mexico maritime delimitation treaties of 1970, 1976, 1978, and 2000. These treaties represent different degrees of progress in the process of completing the maritime boundaries that geographical contiguity imposes upon these contiguous countries. This was a slow and careful process that spanned almost half a century. Part III analyzes the 2012 U.S.-Mexico Agreement on Transboundary Hydrocarbon Reservoirs in the Gulf of Mexico from an international law perspective, with special reference to the interests of the United States and Mexico. Finally, Part IV advances …


Can Timor-Leste Rely On Its Endowments To Achieve The Strategic Development Plan Targets?, Nicolas Maennling 2012 Columbia Law School, Columbia Center on Sustainable Investment

Can Timor-Leste Rely On Its Endowments To Achieve The Strategic Development Plan Targets?, Nicolas Maennling

Columbia Center on Sustainable Investment Staff Publications

The Government of Timor-Leste invited the Earth Institute and CCSI to advise on the sustainable management and use of oil resources, in order to achieve higher living standards and sustainable development. One component of the project included the preparation of a sector study that assesses whether the Government can rely on agriculture, tourism and the petrochemical sectors to achieve its long term GDP growth and employment targets.


The Revival Of Reliance And Prospectivity: Chevron Oil In The Immigration Context, Elliot Watson 2012 Seattle University School of Law

The Revival Of Reliance And Prospectivity: Chevron Oil In The Immigration Context, Elliot Watson

Seattle University Law Review

Using Duran Gonzales as an example, this Comment discusses how courts determine when and if conflicting rules of law should be applied retroactively to aliens. Specifically, it argues that the holding in Nunez-Reyes and its use of the Chevron Oil test should be applied broadly to limit the retroactive application of law in certain immigration cases. Part II of this Comment gives a brief overview of Supreme Court retroactivity jurisprudence, the discretionary application of adjudicative retroactivity as described in Chevron Oil, and the Court’s recent shift toward a more conservative approach. Part III discusses how administrative law affects that framework …


Petroleum Exploration And Production Operations, Monika Ehrman 2012 University of Oklahoma College of Law

Petroleum Exploration And Production Operations, Monika Ehrman

Monika U. Ehrman

No abstract provided.


Transparencia Y Anticorrupción, Primera Llamada De Peña, Norma E. Pimentel 2012 UDLAP, BUAP, UPAEP, UVM, ANAHUAC, LIBRE DE DERECHO, IBERO-PUEBLA

Transparencia Y Anticorrupción, Primera Llamada De Peña, Norma E. Pimentel

Norma E Pimentel

No abstract provided.


Devil In The Bidding Detail, Lisa E. Sachs, Jacky Mandelbaum, Perrine Toledano 2012 Columbia Law School, Columbia Center on Sustainable Investment

Devil In The Bidding Detail, Lisa E. Sachs, Jacky Mandelbaum, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

In light of the recent boom in natural resource prices, India is one of them many countries facing heightened scrutiny of the allocation and terms of their resource deals. In India, that scrutiny has uncovered a multi-billion dollar controversy over coal block allocations that has gridlocked Parliament. More generally, citizens in resource-producing countries around the world are asking whether the public is getting a fair value for their countries resources, or whether investors and politicians are walking away with the prize. Finally, the important questions are being asked: how should resources be managed to ensure that they benefit the citizenry, …


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