bluuebunny/crossref_metadata_2025 huggingface dataset:
Sikap Dan Partisipasi Masyarakat Lokal Dalam Pengembangan Desa Undisan Sebagai Desa Wisata Di Kecamatan Tembuku, Kabupaten Bangli, Propinsi Bali
Authors: Paramita Ratri , Sukarno Teguh Hadi , Susianti Hartanti Woro
Published: January 2023

Desa Undisan menawarkan banyak keunikan selain pemandangan alamnya yang indah, juga keunikan rumah adat asli Bali sesuai dengan Asta Kosala Kosali yang terkenal. Terdapat juga situs yang dipercaya sebagai peninggalan zaman lampau yang sering dijadikan sarana olah spiritual umat hindu ataupun orang orang yanag mendambakan ketenangan bathin. Air terjun Tangkup yng berlokasi di kawassan subak Selat,

 

 

 

 

 

menawarkan nuansa yaang masih sangat alami dan udara yang segar menjadi daya tarik wisata lainnya. Dipercaya bahwa air dari air terjun Tangkup ini berkhasiat untuk menyembuhkan bebearapa penyakit karena air yang tercurah muncul dari tebing batu yang menyerupai Sosok Orang yang sedang duduk bersemadi. Potensi lain yang dimiliki Desa Wisata Undisan adalah adanya tempat kerajinan bunga spon dan bunga imitasi dari emas dan perak yang dapat dissaksikan dan dikunjungi oleh wisatawan manca negara. Perhiasan tesebut banyak digunakan untuk perlengkapan upacara adat di Bali dan kebanyakan dikirim ke kota Denpasar. Selain itu, di sekeliling Desa Wisata Undisan terdapat hamparan sawah yang luas dan indah dipadu dengan Alam pegunungan, hutan dan sangat cocok untuk kegiatan wisata berbasis alam. Menyambut terbitnya PERBUP nomor 15 Tahun 2014 Kabupaten Bangli yang memasukkan Desa Undisan di Kecamatan Tembuku sebagai salah satu Desa Wisata, masyarakat Desa Undisan menginginkan Desa Wisata Undisan dapat berkembang menjadi Desa Wisata yang menarik bagi wisatawan untuk berkunjung dan berharap penetapan status Desa Wisata mampu meningkatkan taraf hidup ke arah yang lebih baik. Masyarakat Desa Wisata Undisan juga sudah membentuk Kelompok Sadar Wisata (POKDARWIS) dan telah disahkan oleh Pemerintah Kabupaten Bangli. Riset didesain buat mengidentifikasikan kemampuan Kabupaten Simalungun dalam mempraktikkan smart tourism yang ditinjau dari prasarana TIK. Riset ini memakai pendekatan riset deskriptif kualitatif dengan metode pengumpulan informasi tanya jawab, pemantauan serta riset pemilihan. Dari hasil riset diperoleh kalau prasarana TIK pariwisata Kabupaten Simalungun sedang kurang tersadar dalam mempraktikkan rancangan smart tourism. Kabupaten Simalungun terkini mengggunakan isyarat QR, alat sosial, serta sistem saran untuk turis dalam pengelompokan teknologi smart tourism
Review on initiation and evaluation of drug information services provide
Authors: K B. Chandrika , K Hari Narayana , M Madhavi , M Indu , R Gautham Chakra , K Swathi Krishna
Published: January 2023

Aim: The aim of this study was to evaluate the quality of drug information services provided in Nellore district. Materials and Methods: To provide unbiased drug information by modified systematic approach. Shows that Queries are received from various health care professionals through Hospital and classified as per educational status like Nutritionist, Lab technicians, social workers. More queries are received Nutritionist from hospital. Results: Results are predicted as Nutritionist (1.09%), lab technicians (1.09%), social worker (0.54%). Among the non-judgmental type, 25 queries were randomly selected and analyzed, 52%had a rating of 5 and 44% had a rating of 4. This indicates all responses satisfied the minimum acceptable level of quality. Non-judgmental responses did not require extensive searching and clinical judgment and thus the clinical pharmacist could answer such enquiries effectively. Conclusion: In our study we conclude that the pharmacists in other hospitals all over the Country would appreciate the value of their involvement in pharmaceutical care and attempt to extend their services for better patient care in the hospital.
Familial Lamellar Ichthyosis in 6 Years Old and 2 Years Old Children: A Rare Case Report
Authors: Ellistasari Endra Yustin , Suci Widhiati  , Ervina Rosmarwati
Published: January 2023

Background: Lamellar ichthyosis (LI) is a rare non-syndromic congenital ichthyosis and is autosomal recessive. LI patients are generally born with abnormalities of keratinization, then develop into lamellar scales and persist into adulthood. This study aimed to describe cases of lamellar ichthyosis and provide appropriate management to prevent worsening patient prognosis.

Case presentation: A 6-year-old girl and her younger brother, 2-year-old have been complaining of scaly skin all over their bodies since birth. Both patients were born with a history of being covered by a collodion membrane. On physical examination, thick and wide lamellar scales were seen with an erythematous base and palmoplantar hyperkeratosis. Ectropion of the eyelids, eclabium in the mouth area, and microtia in the ears were seen. The results of the dermoscopy examination showed brownish quadrilateral structures with white scales forming a lamellar pattern. Laboratory examination showed vitamin D insufficiency. Both patients were referred to the Pediatric Polyclinic regarding insufficiency and developmental complaints. Patients received therapy in the form of moisturizers, artificial eye drops, topical urea as a keratolytic, and oral vitamin D 2,000 IU per day. There was a clinical improvement after 3 months of treatment.

Conclusion: Lamellar ichthyosis is an autosomal recessive congenital ichthyosis with clinical manifestations limited to the skin. In a minority of cases, LI can be inherited in an autosomal dominant manner. Thorough management is necessary to prevent a poor prognosis in patients.
Impact of Success Expectations, Motivation and Team Behavior on Entrepreneurship Learning Outcomes in Higher Education
Authors: Rivai Harif Amali , Putra Rahmat Eka , Lukito Hendra , Handika Rebi Fara
Published: January 2023

While there is ample evidence to support the direct impact of success expectations on academic achievement, little research has explored the motivational mechanisms that mediate success expectations–learning outcomes in the entrepreneurial context and student learning environment, and such studies are needed to understand how and why success expectations affect learning outcomes. For this purpose, it integrates the social cognitive approach of the theory of planned behavior (TPB) and the organismic theory of motivation of self-determination theory (SDT). More specifically, it tests the role of success expectations, motivation, and learning outcomes in the form of business ideas in an indirect conditional process where team behavior becomes a contextual variable. The sample consist of 231 students at several universities in Indonesia. Data is analyzed using structural equation modeling (SEM). The results show that students' motivation acted as a mediator between success expectations and learning outcomes, and team behavior strengthens the relationship. These results provide empirical evidence to better understand the mechanism of the success expectation–learning outcome. The implications of these findings are then discussed for teaching and learning in universities.
The Environment, Free Trade, and Hazardous Waste: A Study of the U.S.-Mexico Border Environmental Problems in the Light of Free Trade
Authors: Corbin LaRue , Kirby Lisa , Stith Bill , Weldon Debra
Published: January 2023

This paper will examine the environmental issues that currently affect this relationship, as well as the potential effect of free trade. Section I examines the current problems in the border area, including the maquiladora industry and its impact on these concerns. Section II addresses the environmental regulatory schemes of the United States and Mexico and what current laws might contribute possible solutions to the environmental problems presented by NAFTA. Then, Section III discusses existing international environmental accords, such as the Integrated Border Environmental Plan. Section IV describes and critiques the environmental aspects of NAFTA. Finally, Section V addresses ways to minimize and resolve environmental disputes in order to expedite cleanup.
The Pernicious Effect of Employment Relationships on the Law of Contracts
Authors: Snyder Franklin G.
Published: January 2023

Using contract law to solve problems in a status relationship like employment has been as harmful to contract law as it has been to employment law. To make this point, Part II of this article begins with a brief discussion of both contract and employment law, specifically focusing on their origins, their relationship to each other, and the role of status in each. Part III examines three areas of contract law-consideration, capacity, and promissory estoppel-focusing on the influence that employment issues have had on contract law. Part IV concludes with a brief investigation of how courts continue to grab the tools of contract in an unsuccessful attempt to deal with the problems in a status relationship.
The Slipperiness of Stability: Contracting for Flexible and Triangular Employment Relationships in the New Economy
Authors: Lobel Orly
Published: January 2023

This Article argues for the need for new laws and adequate guidelines for today's flexible staffing arrangements. Flexible employment arrangements in the new market are simultaneously efficiency-driven and developed through continuous political and legal action. While the employment agency industry is potentially a welfare-enhancing sector in certain environments, it also produces new forms of mistreatment of workers in the absence of adequate regulatory incentives. These new economic structures necessitate the development of a new normative model that allows certain forms of market flexibility yet maintains the social norms that continue to inform fair employment policies.
Part II of this Article explores the range of taxonomies and categories that have developed in the flexible staffing industry. This Article sets forth the argument that the complexity and variety that characterize the industry is not accidental, but a product of legal and economic struggles for recognition of flexible employment arrangements as legitimate practices in the new economy. Part III further describes the various factors that motivate the emergence of flexible employment from the perspective of employers and workers. These factors include both legitimate economic needs and problematic attempts to evade legal protections. Part IV then moves to a third set of factors that motivate flexible staffing arrangements-those of the flourishing employment agency industry. This Part further describes the public efforts of the staffing industry to legitimize its status in the triangular employment context, including the advocacy, lobbying, and public relations efforts by its trade associations. Part V is an analysis of the recent efforts by courts, administrative agencies, and legislative commissions to define the legal parameters of the various new flexible employment arrangements. Drawing on comparative insights, as well as the problems and inconsistencies among recent cases, Part V demonstrates the inadequacies of the existing common law doctrine in addressing these new challenges and suggests alternative doctrines and policies that would be better suited to achieve the necessary balance between flexibility and fairness.
Liability for Student Suicide in the Wake of Eisel
Authors: Fossey Richard , Zirkel Perry A.
Published: January 2023

In the wake of Eisel, few commentaries have been written about the legal significance of student suicide. Although providing broad practical advice and limited case law analysis, the professional literature lacks a comprehensive and systematic analysis of Eisel's common-law and constitutional tort effects.
To fill this gap and address this question in terms of common law and constitutional liability, this Article is organized as follows. Part II provides a brief overview of the common law regarding liability for another's suicide and shows that courts have generally disfavored this cause of action. Section III examines the Eisel decision in detail. Part III(A) traces the post-Eisel decisions that took the same common-law path to possible liability. Part III(B) analyzes why public educators do not need to be overly concerned with common-law liability for student suicides. Part IV examines the post-Eisel decisions that proceeded down the alternate path of an alleged constitutional tort. Part V examines the Armijo v. Wagon Mound Public School decision and demonstrates that the court established the possibility of § 1983 liability on the part of school officials in the wake of student suicide. Part V.A examines the pre- and post-Armijo cases addressing student suicide. Part V.B analyzes the unlikely probability of success under a § 1983 claim against school officials. Part VI provides a brief conclusion that educators have little to fear with regard to liability for a student's suicide.
Introduction: Problem Solving Processes: Peacemakers and the Law
Authors: Evans Hon. Frank G.
Published: January 2023

Today, we will be treated to presentations covering a wide range of creative ideas and you will hear from some of the most knowledgeable people in the ADR field.
The Boundaries of Contract In A Global Economy; Cyberspace Contracting: Embracing Incomplete Contract Paradigm in the Wake of UCITA Experience
Authors: Ghoshray Saby
Published: January 2023

Here, we are confronted with issues ranging from the enforceability of a contract under the law of the jurisdiction to the limit of the liquidated damage. Let us analyze this a little further. First and foremost, does ordering from the catalog create a contract, even though no intermediate confirmation took place? By clicking the mouse, does the customer become party to an enforceable contract? Because the parties involved in this transaction physically reside in two distinct geographical regions and are possibly governed by two different legal regimes, under what law and to what extent can the offending party be held liable for damages? And more importantly, a breach in one regime may not be the same in another regime, so how will any damages be assessed? The questions are plenty, confusions are abundant, and the search for answers becomes lost in the murky world of cyberspace contract regime, or the lack thereof. We will begin our dissection on these very issues by first discussing jurisdiction law and enforcement mechanisms. We need to understand the two existing modalities of contract enforcement, namely public enforcement of contracts, mainly through the court system, and private enforcement of contracts, the majority through the reputational mechanism.
Stories of the Code
Authors: Kamp Allen
Published: January 2023

My article is a story about the stories of the Uniform Commercial Code, those told by its drafters and its detractors, especially how it was sold to those it would affect and those who had the power to enact it or not. I think it is an interesting story that not only tells us something about the development of a commercial statute, but also gives insights into the values of the legal and the commercial world in the Twentieth Century.
Introduction to "Point-Counterpoint: Two Judges' Perspetives on Trial By Jury"
Authors: Kinkeade Ed
Published: January 2023

Does justice suffer in a federal judicial system where trials are as scarce as buggy whips? Judge Patrick Higginbotham of the Fifth Circuit Court of Appeals views the disappearance of the jury trial as a crisis. U.S. District Judge Terry Means, on the other hand, views the jury trial as a natural.
Take It or Leave It: Eminent Domain for Economic Development-Statutes, Ordinances, & Politics, Oh My!
Authors: Askew Patricia J.
Published: January 2023

North Texas is the focus of this Comment because it is a microcosm of the interaction between competing economic and social forces, both external, in the form of global competition, and internal, as an area of the state with one of the country's fastest growing and most diverse populations. Section II of this article will examine this context, as well as federal and Texas judicial actions, to assess the economic development takings environment prior to the most recent federal case and acts of the Texas Legislature. Section III will explain the effect this combination has had in producing a constitutional imbalance. Section IV will conduct an examination of proposed solutions at the constitutional, judicial, and legislative levels from the literature and case law on the subject. Section V will conclude with predictions about the likely success of recent legislative enactments developing a "brighter" line between individual property rights and community economic development.
The focus of this article is on the "public purpose" aspect of eminent domain use and strictly pertains to the taking of real property in fee simple absolute as perceived today, not on the myriad other purposes to which the eminent domain power can and has been applied,' nor the various conceptions of "property" over time.
The ICC Publication of International Standard Banking Practice (ISBP) And the Probable Effect on United States Letter of Credit Law
Authors: Pifer Tom
Published: January 2023

Section II of this Comment will provide a brief explanation of what an LC is and how it functions. Section III begins with a description of the development of conflicting standards among United States courts for determining compliance with LC terms. Section III further provides a summary of the current standards for compliance under the UCC and the UCP 500, with an emphasis on the effort to standardize the documentary compliance standards required by these publications on a flexible strict compliance standard. Section IV of this Comment provides an explanation of the ISBP and analyzes how it will function as the latest step toward securing greater consistency among courts and banks in determining documentary compliance. This Comment concludes that the ISBP will be highly persuasive on United States courts and will more firmly establish the flexible strict compliance standard in LC jurisprudence.
Controlling Racial and Religious Profiling: Article 14 ECHR Protection v. U.S. Equal Protection Clause Prosecution
Authors: Baker Aaron
Published: January 2023

In light of the challenges that intelligence-led profiling poses to constitutional provisions against government discrimination, this paper discusses the extent to which, and why, Article 14 of the European Convention on Human Rights ("ECHR"), as applied in the U.K. through the Human Rights Act 1998 ("HRA"), has a greater potential to control such racial and religious profiling in a counter-terrorism context than does the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. My contentions are, in essence, that: (1) Article 14 has been less chipped away at by judicial manipulation of the definition of discrimination than has the Equal Protection Clause ("EPC"), meaning that judges are less trammelled in their ability to find that prima facie discrimination has occurred, and (2) Article 14 provides the judiciary with the tool of proportionality, making it harder for discrimination to stand up to scrutiny. Section II below explains why this comparison contributes to the profiling debate in both the U.S. and the U.K. Section III introduces the Article 14 analysis and sets out its strengths in comparison to the EPC. Section IV argues for a particular approach to applying Article 14 proportionality to profiling-a practice with which Article 14 has yet to grapple. Finally, Section V will illustrate the impact an Article 14-style analysis would have on EPC jurisprudence by subjecting U.S. cases to Article 14 scrutiny.
Eliminating Fear Through Recreating Community in Rwanda: The Role of the Gacaca Courts
Authors: Venter Christine M.
Published: January 2023

More than a decade after the Rwandan genocide, the sheer magnitude of what took place still has the power to shock us: 800,000 people brutally murdered in a 100 day period; 500,000 who participated in some way in the genocide or in genocide related crimes; and the fact that the U.N. and western powers could allow this to happen without intervention. Given these horrendous facts, the notion of obtaining "justice" for the victims of the Rwandan genocide seems impossible.
How can one speak of justice when one group of Rwandan society, the Hutus, came to see the other group of society, Tutsis and moderate Hutus, as so alien to the general community that their extermination became not only imaginable, but desirable? How can one dispense justice when so many participated in the genocide or in genocide related crimes such as assault, rape, and destruction of property? How can one enforce justice when Rwanda has insufficient jails to house the accused; insufficient lawyers, courthouses, and resources to prosecute and defend the accused; and insufficient police to investigate the crimes and protect the witnesses?
Somerset’s Case at the Bar: Securing the “Pure Air” of English Jurisdiction Within the British Empire
Authors: Hulsebosch Daniel J.
Published: January 2023

This essay explores what this environmental conceit meant as a legal fact to the legal professionals involved in the case in 1772. It was important to them. Many of us are also legal professionals, and the case remains important to us. But the case meant something different for them, who could not see the future, than it does today for us, who see their future as our history. It is a mistake, then, to attribute too much weight to this one legal decision-to read into Mansfield's opinion the whole history of liberation.
What Goes Around, Comes Around: Legal Ironies in an Emergent Doctrine for Preserving Academic Freedom and the University Mission
Authors: Bucholtz Barbara K.
Published: January 2023

This article proceeds chronologically. It begins in Part II with the dismantling of the traditional religious clauses and free speech balancing doctrines by the Rehnquist Court. The Rehnquist Court's doctrine applicable to religious speech in "the university" developed in several cases, culminating in Bd. of Regents of the Univ. of Wisc. Sys. v. Southworth Part III analyzes that case and its doctrine and explains how it poses a danger to free inquiry in higher education. Part IV chronicles the litigious aftermath of Southworth, which demonstrates how Southworth opened the door for Religious Right challenges to curricular programs; and it also identifies some evidence of a resultant chilling effect on curricular policy-making. Part V reviews the FAIR case and suggests how the associational rights doctrine might provide a counterpoise to the Religious Right's siege on free inquiry.
“Blackstoned” Again: Common Law Liberties, the Canadian Constitution, and the Principles of Fundamental Justice
Authors: Carter Mark
Published: January 2023

In this Article, I argue that the Supreme Court of Canada's location of the principles of fundamental justice among the basic tenets of our legal system-and nowhere else-aligns the Court with particular aspects of the eighteenth century jurist William Blackstone's thoughts. The jurisprudential part of Blackstone's Commentaries on the Laws of England (1765) is premised upon a faith in the existence of fundamental principles that must be assumed to underlie the common law. As reflections of these principles, common law rules deserve deference, even though the principles themselves are not clear. I argue that, whatever else may be said in favour of Blackstone's ideas about the common law, this perspective provides an inappropriate tool for the analysis of the provisions of the Charter in general, and fundamental justice in Section 7 in particular. I argue that Blackstonian analysis is an inductive, conservative technique that is in direct tension with the deductive, potentially progressive version of strong modern human rights theory, which explains the need for constitutionally entrenched bills of rights such as the Charter.
The Aftermath of Katrina: Race, Undocumented Workers, and the Color of Money
Authors: Lacy D. Aaron
Published: January 2023

This Article examines the possibility of an inter-minority coalition aiding the ongoing rebuilding in the aftermath of Hurricane Katrina. Part II of this Article discusses the history of both the Davis-Bacon Act and the Immigration Reform and Control Act. Part III discusses the aftermath of Hurricane Katrina as it relates to the aforementioned Acts. Part IV discusses the needs of both undocumented workers and African-Americans following Hurricane Katrina, and Part V discusses the proposed emergence of an inter-minority coalition to fulfill those needs.
The Texas-Size Struggle to Implement Atkins v. Virginia
Authors: Tuthill Sarah Gail
Published: January 2023

This Comment will analyze the persisting area of divide that is responsible for delaying the Texas Legislature's implementation of Atkins. First, it will look at how the differing procedural approaches represent the larger political issues in the pro- and anti-death penalty debate surrounding the Texas Legislature's original pre-Atkins attempts to implement a ban on the execution of mentally retarded offenders. Additionally, it will provide a high-level overview of bills introduced since Atkins was decided, focusing on the most contentious issues that persisted from those attempts. It will also review how the Texas Court of Criminal Appeals has answered some of these issues in the interim. Finally, it will analyze how these various approaches compare to other states that have successfully conquered this issue and will look at how the Supreme Court is likely to determine growing state procedural challenges.
No Compensation for Slave Traders: Some Implications
Authors: Kamp Allen
Published: January 2023

As we celebrate the 200th anniversary of the abolition of the slave trade, I want to examine some implications of what did not happen: the lack of compensation to the slave traders and the non-response of the law to the stopping of a global enterprise. This Essay will make two points, which are unrelated: first, the lack of any reported cases on claims of excuse for performance of contracts may indicate that we do not need any doctrines of excuse; and second, that the lack of compensation paid to those whose business was outlawed, while 20 million pounds was paid as compensation to the slave owners (because of abolition of slavery in 1832), indicates that there was no recognized property right in an ongoing enterprise.
Before entering into the body of my work, I want to discuss the moral problems with writing about slavery. This Essay analyzes the effects (or non-effects) of the abolition of slavery; but such an approach ignores the moral dimension and is, on a fundamental level, wrong. Slavery was a crime against humanity and has to be seen on those terms. The abolition of slavery, however, can be looked at from the stance of the legal academic, and the products of research into abolition and its effects can contribute to our understanding of legal doctrine. There is nothing wrong with such an exercise if the writer and reader realize that the problem with slavery and the slave trade was not a matter of legal doctrine.
There is an example of the problematic approach to classifying the slave trade while doing research at the Oak Park Public Library. Books on the slave trade are classified there, by the Dewey Decimal System, under "World Trade." Thus, books on the slave trade were shelved next to those on the World Trade Organization and the North American Free Trade Agreement. So was the slave trade commerce or crime? It was both.
The Globalization of Human Rights Law: Why Do Human Rights Need International Law?
Authors: Spagnoli Filip
Published: January 2023

This Essay examines the globalization of human rights law, a rather recent legal development which has occurred in two parallel ways: human rights have become part of most national constitutions and have been enshrined in widely accepted international treaties. The central question of this Essay is the utility of international law in the field of human rights protection. The conclusion is that ideally human rights protection should be a national matter, but in an imperfect world, with failing national protection, international human rights protection is a necessary alternative. This Essay examines how, in an imperfect world, international law can contribute to human rights protection, and also how it hinders this goal. It looks at the problems of immunity, self-determination, and non-intervention; monism versus dualism; ius cogens; international monitoring; and other ways in which international law can have a positive or negative impact on the protection of human rights.
Family Unity for Permanent Residents and Their Spouses and Minor Children: A Common Sense Argument for Revival of the “V” Visa
Authors: van Rooyen Wim
Published: January 2023

This Comment argues that the V visa should be revived for the overall promotion of family unity in our immigration system. First, it examines the unique situation of spouses and minor children of U.S. permanent residents. Next, it addresses the current V visa legislation- its history and purposes, how it operates, and why it is currently of little practical value. This Comment then suggests possible remedies, and in particular, argues for the revival of the V visa for humanitarian, economic, and practical reasons.
Eminent Domain Power Granted to Private Pipeline Companies Meets With Greater Resistance From Property Owners in Urban Rather Than Rural Areas
Authors: Chalk John Allen , Harrison-Fincher Sadie
Published: January 2023

Heightened drilling activity and pipeline construction in the more densely urbanized parts of the City of Fort Worth has exposed an increasing number of citizens to the condemnation process. Affected citizens have banded together to educate themselves on the eminent domain authority of private entities and have increasingly voiced their opposition to certain condemnation practices by pipeline companies. Pipeline companies have faced heightened resistance from urban citizens to acquiesce to their threats of condemnation. This paper outlines the major issues landowners face in condemnation and addresses legislation and other changes to the legal landscape of condemnation in Texas.
The Right to Royalty: Pooling and the Capture of Unburdened Interests
Authors: Key James E.
Published: January 2023

The search for oil and gas involves tremendous expense and, traditionally, a vast element of chance. Because of these factors, Texas follows the rule of capture. Under the rule of capture, the one who captures fugitive oil and gas and brings it to the surface owns it. However, problems can arise where mineral interests are undivided or there are prior reservations that fractionalize the royalty ownership.' This paper will examine the law regarding fractionalized royalty interests, how these interests may be captured or burdened by oil and gas leases and other agreements, and the right of the fractionalized royalty owner to receive and share in royalty.
A Twisted Vine: The Aftermath of Granholm v. Heald
Authors: Slaybaugh Desireé C.
Published: January 2023

Section II of this article will lay out the history of wine distribution, beginning with the rise of the three-tier distribution system. Next, it discusses the modern growth of e-commerce and the events leading to the Granholm decision. Section III will explain the Granholm ruling and demonstrate how lower federal courts inconsistently interpreted Granholm outside the production tier. Finally, Section IV will explain the problems created by inconsistent application of Granholm, analyze the reasoning and intent of the Court's opinion, note applicable political considerations, and analyze the dormant Commerce Clause in order to show that the ruling should be extended to all distribution tiers, rather than applying exclusively to the first tier.
Christian Legal Society v. Martinez: The Death Knell of Associational Freedom on the College Campus
Authors: Cormier Zachary R.
Published: January 2023

This Article will explore the Martinez Court's decision to allow the public university to completely restrict the associational rights of its student groups in deference to its own prerogatives of equal access. First, this Article will describe the factual and procedural background of the case. Second, Justice Ginsburg's majority opinion, and more specifically the analytical decision to subject associational rights to public forum free speech jurisprudence, will be explained and analyzed. Third, a more comprehensive analysis will be provided as to why associational rights should not have been eliminated in the public forum, including implications for the public university environment in the future. Finally, the Article will provide a brief conclusion.
Adoption by Same-Sex Couples and the Use of the Representation Reinforcement Theory to Protect the Rights of the Children
Authors: Stewart Nadia
Published: January 2023

This Note discusses the growing trend of adoptions by same-sex couples in the United States. Although most states do not outright prohibit adoptions by same-sex partners, it is often very difficult for both partners to adopt the same child. This Note will explore the legal and social ramifications of adoption limitations and the effects they may have on the adoptive children of same-sex couples. Additionally, this Note will explore how the situation can be remedied using the principle of representation reinforcement.
Part one of this Note gives a brief overview of the development of the representation reinforcement theory. The representation reinforcement theory corrects the injustices of a democratic political system that occur when majority rule unfairly burdens the fundamental rights of a minority. Part two of this Note assesses and addresses the types of adoptions that occur in the United States and how they are applied unevenly and unfairly so as to burden potential adoptive children of same-sex partners. Part three of this Note assesses and reviews the variances in adoption statutes and how they affect the rights and statuses of adoptive children. Part four of this Note addresses the importance of recognizing adoptive children as a class that requires judicial protection because their interests are not properly represented in the political process.
Procedural Issues in Eminent Domain
Authors: Baker John P.
Published: January 2023

In Texas, an eminent domain proceeding is a two-part procedure involving an administrative proceeding and, if necessary, a judicial proceeding. A condemnor initiates the administrative phase by filing a petition with the appropriate court. After the condemnor files the petition, the judge appoints three special commissioners to assess the property owner's damages. The special commissioners conduct a hearing, enter findings, and determine the property owner's damages from the taking, if any. From the time the condemnor files its petition up to the time the special commissioners issue the award, the proceedings are administrative in nature.
Either party may object to the special commissioners' findings by filing written objections and the grounds for such objections with the court that has jurisdiction over the proceeding. The trial court's eminent domain jurisdiction is appellate, not original or concurrent. Accordingly, the parties may not avoid the administrative hearing before the special commissioners even if they wish to do so. Filing an objection triggers the trial court's appellate jurisdiction, and the cause becomes a judicial proceeding in the trial court.
Honest Services Update: Directors’ Liability Concerns After Skilling and Black
Authors: McMillan Lori A.
Published: January 2023

This Article will set out the current law in the honest services area after a quick historical review for context. Then, civil standards and penalties for breach of a corporate officer or director's fiduciary obligations will be outlined to give a more complete picture of what hazards officers and directors face when discharging their duties in a manner less than sufficient.
Clean Air Act Mayhem: EPA’s Tailoring Rule Stitches Greenhouse Gas Emissions Into the Wrong Regulatory Fitting
Authors: White Teal Jordan
Published: January 2023

Regardless of whether you believe that human activities cause or contribute to global warming, regulatory action seeking to mitigate the future consequences of climate change will impact the lives of every American. On January 2, 2011, U.S. Environmental Protection Agency ("EPA") regulation of greenhouse gas emissions from stationary sources took effect. The EPA rule implementing this regulation is the conclusion, for the time being, of a sequence of recent judicial and administrative activities comparable to a regulatory domino effect.
The Supreme Court started the cascade of regulation in Massachusetts v. EPA, in which the Court held that the EPA has the authority to regulate greenhouse gas emissions under the Clean Air Act if further evaluation indicated greenhouse gases were endangering public health and mobile sources were contributing to the threat. Under President Obama's guidance, the EPA finalized that Endangerment Finding and concluded human health was threatened by greenhouse gas emissions from mobile sources. Subsequently, the EPA published three codependent directives to regulate greenhouse gases under the Clean Air Act: (1) the Tailpipe Rule to regulate emissions from mobile sources; (2) an official interpretation of the Clean Air Act, concluding that when greenhouse gases are "actually regulated" under the Tailpipe Rule, stationary sources are also subject to regulation; and (3) the Tailoring Rule, a revision of statutory thresholds aimed at shielding small sources from rigorous Clean Air Act permitting requirements.
In light of the unique challenges presented by global climate change, this Comment analyzes whether the EPA's Tailoring Rule is lawful under existing statutory authority. According to the express language of the Clean Air Act, congressional intent underlying the statute, and legal precedent, the EPA's Tailoring Rule represents an unauthorized expansion of EPA authority and is an arbitrary use of the Clean Air Act to regulate greenhouse gases. Because the Tailoring Rule violates the unambiguous language of the Clean Air Act, subverts the congressional intent underlying the Act, infringes upon the separation of legislative and executive powers, and relies improperly upon the disfavored legal doctrines, the Tailoring Rule should fail judicial review.
Hacking, Theft, and Corporate Negligence: Making the Case for Mandatory Encryption of Personal Information
Authors: Rancourt Stephen J.
Published: January 2023

Information is being created at an astonishing rate, and the electronic storage of personal data is at the forefront of this growth. Social security numbers, home and email addresses, and financial records are almost universally stored electronically, whether on internal servers, hard drives, or portable devices, such as flash drives and diskettes. The ubiquity of this information has undoubtedly benefitted commerce, but it has not come without drawbacks. As recent evidence suggests, personal information is increasingly vulnerable to hacking and other forms of theft, putting the consumer at serious risk of identity theft and misuse of their personal information. The time has come for a uniform standard to protect this type of data, as well as statutory liability for companies that fail to store this information properly. This Article attempts to show why current statutory and common law is inadequate to solve this problem and makes the case for creating a national standard of encryption for businesses that store personal information.
In Defense of Community: Athenian Legal Rhetoric and Its Modern Legacy in American Foreign Policy
Authors: Cooper Bradley Aron
Published: January 2023

This Article will examine how the rhetoric of the legal speechwriters reflected idealized views on participatory democracy and the rule of law. Next, this Article will attempt to show that these same views also supported a strong Athenian tradition of opposing tyranny, and that this, in turn, led to the inclusion of anti-tyrannical rhetoric in some of the legal speeches. Finally, this Article will address the lasting legacy of this anti-tyrannical rhetoric by giving evidence of its modern usage in the rhetoric of American foreign policy and by proposing reasons for its enduring presence.
Legislating by Proxy: Did President Obama Amend the Texas Labor Code When He Signed the Lilly Ledbetter Fair Pay Act?
Authors: Hill Charles
Published: January 2023

Does the Texas Labor Code permit Congress to amend Texas law by proxy? Specifically, does the Texas Commission on Human Rights Act automatically incorporate Title VII amendments? This is the question posed to Texas courts and federal courts interpreting the limitations period for filing employment discrimination claims with the Texas Workforce Commission. Despite almost two decades of court precedent interpreting Texas's equal employment opportunity law, the answer is anything but clear. With the passage of the Lilly Ledbetter Fair Pay Act, Texas courts must decide whether the law automatically incorporates the federal act or not. Given Title VII's deference to state law, the answer might seem simple. But, relying on the Texas Labor Code's correlative policy statement, when interpreting vagaries in Texas equal employment opportunity law, Texas courts have historically looked to federal case law interpreting Title VII for guidance. Does this practice mean that the Texas Labor Code must now automatically incorporate the Lilly Ledbetter Fair Pay Act because federal case law will now include it? This is the dilemma facing Texas courts.
This Comment will discuss how courts, including some outside of Texas, have handled this question. Using these court opinions, this Comment will show why the Texas Labor Code does not support automatic incorporation.
Additionally, this Comment recommends a legislative solution. By amending the correlative policy statement that Texas courts have used as justification for seeking guidance from federal case law, the Texas legislature can easily head off future automatic incorporation questions, sparing judicial resources and adding stability to Texas's equal employment opportunity law.
Montana
Authors: Brown Stephen R.
Published: January 2023

In Burlington Resources Oil & Gas Co. v. Lang & Sons, Inc., the Montana Supreme Court evaluated the issue of what damages a mineral owner must pay to a surface owner to use pore space for wastewater disposal.
Tennessee
Authors: Holland Gary
Published: January 2023

Since September 1, 2010, the Tennessee legislature has adopted and amended oil and gas legislation by enacting House Bill No. 628 and House Resolution No. 98. Although not passed and signed into enactment, proposed House Bill 1853 is still in the comment period and, if enacted, would expand the notice requirement for the issuance of permits for drilling oil and natural gas.
Wyoming
Authors: Eggers Walter F. , Falzone Deanna Sami
Published: January 2023

Management of greater sage-grouse populations continues to be a major issue for Wyoming and other western states. On June 2, 2011, Wyoming's Governor Matt Mead issued an Executive Order addressing "Greater Sage-Grouse Core Area Protection." In his Executive Order, Governor Mead adopted and updated the work and Executive Orders of his predecessor, former Governor Dave Freudenthal. Governor Mead recognized that on November 10, 2010, the U.S. Fish and Wildlife Service confirmed Wyoming's "Core Population Area" strategy as a long-term, science-based vision for the conservation of Greater Sage-Grouse. The Governor also recognized that several western states have either adopted or are considering adopting the Wyoming Core Area Strategy, thus making the concept consistent across the species range.
These efforts are critically important to the oil and gas industry in Wyoming, because as Governor Mead noted, the Greater Sage- Grouse is a "candidate" species for listing under the Endangered Species Act, and listing would have "significant adverse effect" on the Wyoming economy, including oil and gas development in the state.
Kentucky
Authors: Prulhiere Diana S.
Published: January 2023

Post-production costs, and whether or not they may appropriately be deducted from royalty payments, have recently become a hot topic of debate. Many states have considered the issue, but have arrived at different conclusions.
Attorneys and Entrepreneurs: Creating Value for Small Business Startups
Authors: Lucas Laurie A. , Pivateau Griffin T.
Published: January 2023

The attorney who understands an entrepreneurial organization at different stages of growth may be better able to anticipate the problems the organization may face over the long term. Legal issues for small businesses, for example, generally include the appropriate choice of business structure, protection and management of intellectual property, and effective management of human resources, which have all been affected by the technologies that are reshaping American society and its workforce. The attorney who understands the stages of smallbusiness growth, even in a general sense, may have a more effective lens" for providing legal assistance to a small business. This understanding also may help attorneys to more effectively market their legal expertise to an entrepreneur based on the unique needs of the entrepreneurial organization.
Implied Covenants in Oil and Gas Leases in the Appalachian Basin
Authors: Wright James C. , Pulito Brian J. , Davis Cheryl L.
Published: January 2023

The purpose of this Article is to examine existing case law on implied covenants in oil and gas leases in the Appalachian Basin states, identify gaps in case law, and as far as reasonably possible, to predict the issues that might be litigated in the future in light of the rush to develop the Marcellus Shale and Utica Shale formations.
Louisiana Oil and Gas Update
Authors: Hall Keith
Published: January 2023

The author reviews updates and developments to oil and gas law in Louisiana.
Pennsylvania Oil and Gas Update
Authors: Holland Nathaniel I.
Published: January 2023

The author reviews updates and developments to oil and gas law in Pennsylvania.
California Oil and Gas Update
Authors: Renwick Edward
Published: January 2023

The last year has been a busy one in the upstream California oil and gas business. The 2011 Preliminary Report of California Oil and Gas Production Statistics, which was issued in April 2012 by the California Department of Conservation, Division of Oil, Gas, and Geothermal Resources, reports that 4,033 notices of intention to drill were filed with the Division as contrasted with 2,081 in 2010. Although the Preliminary Report for 2012 is not yet issued, anecdotal evidence suggests 2012 will be at least as active as 2011.
Much of the excitement involves California's Monterey and Santos Shales. The Review of Emerging Resources: U.S. Shale Gas and Shale Oil Plays, published in July 2011 by the United States Energy Information Administration estimates that those shales hold 64% of the undeveloped technically recoverable shale oil resources remaining in discovered shale plays in the United States as of January 1, 2009.
Non-Actor Liability For Sexual Assaults in Texas and the Effect of Insurance on Recovery
Authors: Colaneri Janet K. , Reilly Bobbi
Published: January 2023

Part I of this article discusses the theories of recovery relied upon by sexual assault victims in civil proceedings and provides a survey of related Texas cases. This section specifically examines duty, breach, causation, and foreseeability as they relate to negligence, as well as other common law and statutory theories. Part II discusses insurance recovery for sexual assaults, and the manner in which this body of law has evolved.
Correction of Errors in Texas Property Tax Rolls: The Battle for Fair Treatment
Authors: Keizer M. John
Published: January 2023

This comment focuses on fair treatment of Texas taxpayers when a mistake is discovered in a county property tax roll. Specifically, it addresses the steps a taxpayer may take in seeking redress for such errors, focusing on two essential areas of the Texas Tax Code: section 25.25, subsection (c)(1), which pertains to clerical errors, and subsection (c)(3), which pertains to non-existent property, or property which takes a form different than that described in an appraisal roll.