Robertson Posts on Ohio DNR’s Revised Rules for Drillers in Crain’s Shale Report

C|M|LAW Associate Dean and Professor Heidi Gorovitz Robertson recently posted ODNR Revises the Rules on Unitization in Crain’s Cleveland Business’ Shale Report.   The Ohio Department of Natural Resources recently revised its rules for oil and gas companies seeking to “unitize” large swaths of land for shale gas drilling. Longstanding state law — Ohio Revised Code section 1509.28, enacted some 48 years ago — allows drilling operators to request that ODNR approve a designated drilling unit, even if it means including land against some landowners’ wishes. Ohio property owners’ land can thus be “unitized” against their will. ODNR grants the unitization request if the driller’s access to that land is predicted to yield substantially more oil and gas from the pool than would be produced without access to that land, and the added value of that extra oil and gas makes the whole operation cost effective.

Under the revised rules, the agency put in place and clarified the requirements for what the applicant must provide in order for the agency to grant a unitization request. Requirements range from the mundane — a cover letter requesting unitization  — to more complex factors, such as the identification of the geologic formation(s) to be developed, an estimate of the value of the recovery of oil and gas for each well proposed to be drilled in the unit area, and an estimate of the cost to drill and operate a well in the proposed unit –and much,much more.

The process seems far from trivial and can yield 100+ page applications.  However, despite this major effort to clarify and intensify the unitization application procedures, ODNR’s decisionmaking process still lacks any formal or required mechanism for considering specifically any rights or wishes of the affected landowner.

To read this blog post, see:

http://www.crainscleveland.com/article/20130701/SHALEBLOGS/307019960

Robertson is a regular to contributor to Crain’s Shale Report.  To read her other posts, see:

http://www.crainscleveland.com/section/SHALEblogs

Plecnik’s Illustration to Accompany Dukeminier & Sitkoff’s Will, Trusts and Estates Casebook

C|M|LAW Professor John Plecnik has just given permission to Professor Robert Sitkoff (Harvard) to include a classroom example he created in his first year of teaching to illustrate the modes of intestate distribution.  Plecnik’s illustration will appear in the teacher’s manual and in PowerPoint slides accompanying the new edition of Dukeminier & Sitkoff, WILLS, TRUSTS, AND ESTATES (9th ed. 2013), the leading American coursebook on trusts and estates.

Sagers Quoted Again on Apple Case Following the Trial Court’s Verdict

Professor Chris Sagers

Professor Chris Sagers

Chris Sagers, C|M|LAWs James A. Thomas Distinguished Professor of Law, was widely quoted in press coverage of the historic verdict in the Justice Department’s antitrust suit against computer maker Apple.  The government showed, to the trial court’s satisfaction, that Apple orchestrated a price-fixing conspiracy among five major publishers of eBooks for sale in its iBookstore.  Sagers was quoted in the Wall Street Journal’s online technology blog Digits [http://blogs.wsj.com/digits/2013/07/10/how-apple-ruling-could-affect-itunes-group/], in two stories in Publisher’s Weekly (one here [http://www.publishersweekly.com/pw/by-topic/digital/content-and-e-books/article/58166-apple-loses-judge-finds-price-fixing-in-e-book-case.html] and one here [http://www.publishersweekly.com/pw/by-topic/digital/retailing/article/58240-with-the-verdict-in-what-s-next-for-apple.html]), a Bloomberg News story [http://www.bloomberg.com/news/2013-07-11/amazon-seen-gaining-advantage-with-apple-s-e-book-defeat.html] that was also carried in the Kansas City Star [http://www.kansascity.com/2013/07/11/4340821/other-retailers-could-gain-an.html], a story in the Global Competition Review [http://globalcompetitionreview.com/news/article/33793/apple-e-books-agreements-violated-us-antitrust-law/], and a featured interview in Competition Policy International [http://archive.constantcontact.com/fs193/1111629548505/archive/1114105687648.html].

Some of his comments were also picked up in stories in Crain’s Cleveland Business [http://www.crainscleveland.com/article/20130715/BLOGS03/130719888], Cleveland radio station FM 107.9 [http://zhiphopcleveland.com/4057322/cleveland-state-law-prof-hits-wall-street-in-i-tunes-debate-inventingthefuture/], and in several industry and financial blogs (see, e.g., here [http://kindleworld.blogspot.com/2013/07/doj-apple-lawsuit-clues-on-last-day-of.html], here [http://wallstcheatsheet.com/stocks/apples-e-book-loss-is-making-amazon-very-happy.html/?a=viewall], and here [http://wraltechwire.com/advantage-amazon-after-apple-s-e-book-court-defeat/12655021/]).

On IdeaStream, Witmer-Rich Predicts Madison Grand Jury Will Act Quickly

C|M|LAW’s Professor Jonathan Witmer-Rich comments in an IdeaStream interview on the Madison indictment for triple murder.  See:

http://www.ideastream.org/news/feature/55130?utm_source=dlvr.it&utm_medium=facebook

Mika and Tyler Argue that the “Dunning-Kruger effect” Colors Law Students’ Evaluations of their Teachers

C|M|LAW Legal Writing Professor Karin Mika and C|M|LAW Legal Writing Professor Emerita Barbara Tyler attended the Association of Legal Writing Directors conference June 26-28 in Milwaukee, Wisconsin.  Mika and Tyler participated on a panel called “Love me Now or Thank me Later,” arguing that the Dunning-Kruger effect colors law student reviews of law faculty teaching. This references a 2012 article that Tyler published in the Touro Law Review with Catherine Wasson, a Legal Writing Professor from Elon University.

Sundahl New Chair of CMBA International Law Section

On July 1st, C|M|LAW Associate Dean Mark Sundahl began a two-year term as the Chair of the International Law Section of the Cleveland Metropolitan Bar Association.  The International Law Section provides a forum for international law practitioners as well as for student members of the CMBA with an interest in international law.  The section holds monthly luncheon meetings featuring a presentation on current issues in the field of international law.  An annual full-day CLE event is also organized for the spring.  Dean Sundahl plans to involve students to a larger extent in the section’s activities in order to raise student awareness of the importance of international law in the era of globalization.

Witmer-Rich Guest Blogs on PrawfsBlawg Regarding Sneak and Peek Searches

C|M|LAW Professor Jonathan Witmer-Rich is guest blogging in July at PrawfsBlawg regarding sneak and peek searches.  His posts will draw from his scholarship on delayed notice search warrants, available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2226977.

His first post on PrawfsBlawg is here: http://prawfsblawg.blogs.com/prawfsblawg/2013/07/sneak-and-peek.html.

Sagers Posts Again on HuffingtonPost, This Time on the “Reverse Payments” Drug Case

C|M|Law’s James A. Thomas Distinguished Professor of Law Chris Sagers had a new post  on the HuffingtonPost last week concerning last week’s Supreme Court decision in Federal Trade Commission v. Actavis, Inc.  In the case, the Court held that so-called “reverse payment” or “pay for delay” agreements between branded drug manufacturers and would-be generic competitors are not only subject to antitrust law, but are likely illegal in any case in which the reverse payment is “large.”  Sagers offers thoughts about why the case matters not just for the narrow context of the drug sector, but for antitrust law and competition generally.

You may read Sagers’ post here:

http://www.huffingtonpost.com/chris-sagers/the-drug-patents-case-the_b_3480866.html

Sagers Featured Prominently in Press Reports Concerning Apple eBooks Antitrust Trial

Professor Chris Sagers

Professor Chris Sagers

C|M|Law’s James A. Thomas Distinguished Professor of Law Chris Sagers was widely quoted in the press recently concerning the Justice Department’s antitrust case against Apple, alleging that Apple had coordinated a price-fixing conspiracy among publishers of electronic books.  In addition to his own post about the case on the HuffingtonPost (see http://www.huffingtonpost.com/chris-sagers/the-fate-of-apple-and-ant_b_3480835.html) Sagers was quoted in several  articles in Publisher’s Weekly (concerning Apple’s trial strategy, see http://www.publishersweekly.com/pw/by-topic/digital/content-and-e-books/article/57395-at-hearing-judge-says-she-is-leaning-against-apple.html,  concerning the likely scope of the remedies it may face, (see http://www.publishersweekly.com/pw/by-topic/digital/content-and-e-books/article/57395-at-hearing-judge-says-she-is-leaning-against-apple.html), and in a long summation of the case after trial had closed (see http://www.publishersweekly.com/pw/by-topic/digital/retailing/article/57943-why-apple-loses.html).  He was quoted on the technology website CNET on the testimony of key witness Eddy Cue (see http://news.cnet.com/8301-13579_3-57589185-37/apples-eddy-cue-yep-we-caused-e-book-pricing-to-rise/), and in another long summary of the case (see http://news.cnet.com/8301-13579_3-57586765-37/apple-and-the-doj-face-off-over-e-book-prices-faq/), as well as in the widely read InformationToday (see http://newsbreaks.infotoday.com/NewsBreaks/Apple-Gambles-on-Winning-Ebook-Antitrust-Suit-90274.asp).

Forte Speaks at the Claremont Institute’s Wilson Seminar on the Framers’ Thoughts on What Constitutes Religion

On April 27, C|M|LAW Professor David Forte delivered a paper in Washington to the Wilson Seminar of the Natural Law Center of Claremont University.  The Wilson Seminar on the role of Natural Law in American Constitutional Jurisprudence, is named for James Wilson, a central figure in the formation of the Constitution, and sponsored by the Claremont Institute for the Study of Statesmanship and Political Philosophy. The topic of the latest meeting was the Parameters of Religious Liberty.  Professor Forte’s contribution centered on what kinds of “religion” the framers had in mind when they went out of their way in the First Amendment to guarantee the “Free Exercise of Religion.” It was entitled  Satan, Religious Freedom, and the Natural Law.