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What’s Shakin’? Ladra v. New Dominion, LLC: A Case of Consequence for the Hydraulic Fracturing Industry and Those Affected by Induced Seismicity
Get PDFThis analysis is accompanied by a study of a 2015 ruling of the Supreme Court of Oklahoma, Ladra v. New Dominion, LLC. The case considered the possibility of a private tort action by homeowners against the operators of injection wells proceeding within the state’s judicial system, rather than simply being subject to review by a state regulatory agency. The court ultimately decided that the case would be allowed to continue within the judicial system instead of in front of a regulatory agency. This case, while not providing a “silver bullet” precedent with which future claimants can automatically win their cases against parties involved in fracking and waste disposal, does demonstrate that these claims are viable and ought to be dealt with in proper courts of law, rather than through administrative agencies.
Section II of this case note contains a brief overview of the hydraulic fracturing process and the state of fracking in Oklahoma, the site of this note’s principal case (Ladra v. New Dominion). Section III provides a history of the case and its central issues. Section IV discusses the ruling given, as well as the validity of the arguments made before the court. Section V examines the likelihood of success for the plaintiff Ladra and other homeowners seeking damages from the operators of injection wells due to earthquake-related harm done to their property or person. This section primarily assesses whether a preponderance of the evidence standard can be achieved when alleging that fracking activities caused earthquakes that resulted in property damage, and uses the arguments presented in the lower court during Ladra v. New Dominion as an example. Section VI considers the significance of the decision and what effect it may have on the hydraulic fracturing industry
Basic Bluebooking in Legal Documents
Get PDFThree tip sheets on basic Bluebooking in legal documents presented as tables. The tables include the relevant rules, formulas for the basic citations, and examples for federal and state cases, federal and state statutes, and secondary sources (law review articles, newspaper articles, books and treatises, and other frequently used sources). These were developed for use in the first-year Legal Skills course at the Elisabeth Haub School of Law at Pace University. NOTE: THESE TIP SHEETS ARE TRACKED TO THE PRIOR (20TH EDITION) OF THE BLUEBOOK
The History and Development of British Tramways and the Impacts That It Had
Get PDFThe thesis is about the general history of the British tramways and how they developed throughout England in the nineteenth century. It includes their general development; how it affected England economically; how it affected England demographically; and how it affected the surrounding neighborhoods in England
Assessment of Borderline Features in Inpatient Adolescents: Relationships between MMPI-A Dimensional PSY-5 Traits and MACI and PAI-A Borderline Scales
No full textThis study explored self-report assessment strategies for borderline pathology with inpatient adolescents utilizing a dimensional personality trait perspective. Relationships between the Millon Adolescent Clinical Inventory (MACI) Borderline Tendency Personality Pattern scales, Personality Assessment Inventory-Adolescent (PAI–A) Borderline Features scales, and the Minnesota Multiphasic Personality Inventory–Adolescent (MMPI–A) Psychopathology Five (PSY-5) facet scales were examined. Results indicated a strong relationship between all of the Borderline Scales across the MACI and PAI–A. The congruence between the MACI Borderline Tendency Personality Pattern scale and PAI–A Borderline Features scale was examined to determine the degree to which the two measures identified the same adolescents as having borderline pathology. Results demonstrated a fair level of agreement between the two instruments with respect to the identification of borderline pathology at a clinically significant level. Relationships between the MMPI–A PSY-5 facet scales and adolescent borderline pathology were examined to determine if certain personality traits are predictive of borderline pathology as measured by the MACI and PAI–A Borderline Scales. The nine PSY-5 facet scales were the predictor variables and the MACI and PAI–A Borderline scales were the criterion variables. A general pattern was observed wherein certain trait facets (Hostility, Delinquent Behaviors and Attitudes, Low Drive, and Neuroticism/Negative Emotionality) emerged as unique predictors of borderline pathology across measures.^ Keywords: PAI–A, MACI, MMPI–A PSY-5, adolescent, borderline, personality
Foreword--Festschrift in Memory of Dennis I. Belcher
Get PDFIn academia, it is customary to honor important milestones in a colleague\u27s career with a festschrift, a collected volume of scholarly essays or reflections on the individual\u27s contributions to his or her field. Very often, festschrifts are assembled to celebrate a retirement, but they are also used to honor the memory of a colleague who has died. The Board of Editors of the ACTEC Law Journal unanimously agreed that our first issue of the 2017-2018 academic year should be in honor and memory of Dennis Belcher. With the encouragement and contributions of many of Dennis\u27s friends and colleagues, we are pleased to present this festschrift issue of the ACTEC Law Journal.
The issue is divided into two parts. Part I includes a transcription of Dennis\u27s 2016 Joseph Trachtman Memorial Lecture, introduced and prepared by his colleagues Michael Barker and William Sanderson. The time and effort they spent transcribing this speech allows Dennis\u27s wit and wisdom to be preserved, as Dennis had not converted his remarks into a written article at the time of his death. This Part also includes Dennis\u27s April 3, 2008 written testimony to the United States Senate Committee on Finance. Dennis\u27s many ideas for simplifying estate planning maintain vitality today.
Part II of this issue includes professional and personal reflections from many different people who knew Dennis in a variety of capacities. A call went out to all ACTEC Fellows, who were encouraged to share the call with others. The call invited reflections on estate planning techniques or doctrines that were of particular interest to Dennis, salient cases in the public record in which Dennis played an important role, Dennis\u27s role as a leader or mentor in the profession, service to the profession and/or community by Dennis, or personal reflections about working with him. In these pages, you will read many accounts that illustrate how widely and deeply Dennis\u27s influence was felt throughout the estate planning community
Examining the Factors Affecting the Adoption of Massive Open Online Courses (MOOCs) by University Students in Jordan Using an Integrated Model of Technology Acceptance
No full textThe increased prevalence of Massive Open Online Courses (MOOCs) offered by top-tier colleges, institutions, and universities has altered the typical educational experience, and has made professors, educators, policy-makers, and researchers examine how these courses can be adopted and used best. MOOCs provide full open-access to recorded lectures, tests, readings, discussion forums, and interactive activities or labs designed to mimic the intellectual and communal experience a student would receive in person in a live classroom. These free courses are of increasing interest to students because of the lack of cost and the ability to learn at convenient times. Moreover, it is frequently believed that additional learning and training can increase employability (Outland, 2014). While MOOCs have been relatively well researched and documented in the Western world, and the best methods and practices to enable optimum learning achievement identified, the research on the adoption and acceptance of MOOCs in the Arab world is still in the very early stages. Studies have shown that there are cultural barriers in the Arab world toward American-based online courses, whether in the format of MOOCs or other forms of online learning. This is because there are differences in how different cultures view learning, as well as differences in the learning styles of individuals (Al-Harthi, 2014). An integrated Technology Acceptance Model (TAM) from a previously extended technology acceptance models will be used to investigate how students from different cultures—specifically the Arabic learning culture—adapt to MOOCs’ learning environment, as well as to determine the key factors that contribute to the incorporation and acceptance of this learning format. Factors affecting the acceptance of new information technology such as MOOCs are expected to change depending on changes in the context, technology, and target users (Moon, 2001). This study targets Arab students in Jordan who have taken, or attempted to take, courses at Edra
Campus Misconduct Proceeding Outcome Notifications: A Title IX, Clery Act, and FERPA Compliance Blueprint
Get PDFThis Article analyzes and attempts to bring order to the interaction of Title IX and OCR’s current guidance thereunder, the Clery Act and its recent Campus SaVE Act amendments, and FERPA when an institution provides a complainant, respondent, or member of the general public notice of the outcome of a misconduct proceeding for any offense defined under those laws. This Article is limited in scope and does not address all confidentiality issues that may arise during a postsecondary misconduct investigation or hearing, such as the disclosure of investigative reports. Part I briefly summarizes Title IX, the Clery Act, and FERPA and explains the offenses defined under each of those laws. Part II creates original categories for those offenses based on which laws apply. Part III explains outcome notification requirements for each of the offense categories. Part IV concludes that, despite a confusing web of applicable statutes, regulations, and guidance, a clear blueprint for compliance with outcome notification requirements emerges upon a careful and integrated reading of each
Property as Prophesy: Legal Realism and the Indeterminacy of Ownership
Get PDFProperty law, like all law, is indeterminate. This means that ownership itself is indeterminate and every owner is vulnerable to challenges based on unexpected legal rules or newly created ones. Even the most seemingly secure rights can be defeated or compromised if a clever-enough lawyer is retained to mount a challenge. The casebooks used in first-year property courses are full of examples. In the case of particularly valuable property, such as works of art, the motivation to fashion arguments to support ownership challenges is obvious. Short and strictly interpreted statutes of limitations can mitigate the risks to ownership by cabining the timeframes from which title challengers can draw facts to support their claims