Virginia Law Research Articles

Legal Aspects of Coalbed Gas

Summary The major institutional problem in production of gas from coalbeds is the legal question of who owns the gas. In this study, related judicial decisions in West Virginia are examined along with U.S. federal and state regulations, and a limited overview of Pennsylvania law is given. The problem could be resolved by litigation, legislation, or cooperation. An outline for a model legislative solution is given. However, it is recognized that cooperation may be a viable solution for near-term development of this unconventional gas source. Introduction Berger Associates Inc. completed a comprehensive technical, economic, and institutional study for the Appalachian Regional Commission on Appalachian unconventional gas sources that included a special legal study of coalbed gas ownership. A single judicial decision exists on the subject: a Greene County, PA, judge recently held that rights to coalbed gas are not conveyed through a coal mining lease. That decision currently is pending appeal before the Pennsylvania Superior Court. Another dormant case was found in Virginia. Hence, research and analysis must rest primarily on related cases.The legal ownership problem must be solved if this gas source is to make the contribution many have predicted. The risk of expensive lawsuits is a major deterrent to utilization of the gas. Methane Gas - Liability to Asset Methane gas released in connection with mining of coal traditionally has been considered a costly and hazardous liability rather than an asset. Methane gas is a hydrocarbon gas formed in the process of peat turning into coal. It has roughly the same Btu (J) content and is in the same chemical family as "natural gases" found in connection with petroleum. In this sense it is a natural gas, but it is not necessarily natural gas in the conventional sense of this term. Methane gas released during coat mining may accumulate in mined-out areas (gob gas) and may migrate into coal mines from adjacent areas. If the coal seam does not have a relatively impermeable caprock, methane gas may be present in the overburden as well, and it is believed by many that this gas migrated upward from the coal seam.It is now technically and, many believe, economically feasible in certain coalbeds to produce and market methane gas. Methane drainage (the earlier term) has been practiced in the U.S. since 1920; however, with certain exceptions, recovery is generally a more recent occurrence. The OPEC oil embargo of 1973 and subsequent shifts in national policies emphasized utilization in 1974. However, one private recovery effort is known to date from 1931 and a USBM cost-shared project recovered methane gas in 1972.Recovery of methane gas before, during, and after mining (gob gas) may contribute to the safety of mining, increase coal mining productivity, reduce ventilation costs, and conserve a valuable energy resource. Many coal operators vent methane gas to the atmosphere, but an insignificant amount is recovered for use. Landowner's Ownership of Minerals It is well established in common law and under West Virginia law that the landowner begins owning every resource of value, and even of no current value, on and underneath his land. In West Virginia, the breadth of this ownership is indicated in the definition of minerals mentioned in Horse Creek Land and Mining Co. v. Midkiff: "every inorganic substance which can be extracted from the earth for profit, whether it be solid as stone ... and coal, or liquid, as, for example, salt and other mineral waters and petroleum oil, or gaseous..."The theory in some states is that oil and gas, unlike solid minerals, are fugacious like wild animals and are not susceptible to private ownership until they are reduced to possession by extraction. In contrast, oil and gas in West Virginia are considered susceptible to absolute ownership in place (see Robinson v. Milam and Williamson v. Jones). There is little practical difference in the two theories. West Virginia considers, as a corollary to ownership in place, that any person may drill on his land and extract such oil and gas as he can, regardless of its origin, unless he already has disposed of that right. JPT P. 1861^

McMillan v. McMillan: Choice of Law in a Sinkhole

IN McMillan v. McMillan,' the Supreme Court of Virginia reaffirmed its adherence to the place-of-injury rule in resolving choice-of-law problems in tort cases and rejected the modern choice-of-law methodology now used in a majority of jurisdictions. The Court based its decision on the uniformity, predictability, and ease of application of the Virginia rule,2 even though application of the rule in McMillan gave effect to an interspousal immunity that the Court had previously abandoned as a matter of Virginia law.3 This article discusses the place-of-injury rule and the more flexible modern approach.4 It then examines the McMillan decision and concludes that the Supreme Court missed an excellent opportunity to overrule an anachronistic doctrine.

The Virginia Law Reporters before 1880

The Virginia Law Reporters before 1880

THE BRAZILIAN STOCK EXCHANGE FROM ORIGIN TO THE ENTRY OF FOREIGN CAPITAL

The Developing EconomiesVolume 15, Issue 1 p. 92-108 Free Access THE BRAZILIAN STOCK EXCHANGE FROM ORIGIN TO THE ENTRY OF FOREIGN CAPITAL Joseph K. TUCKER, Joseph K. TUCKERSearch for more papers by this authorFrank J. FABOZZI, Frank J. FABOZZISearch for more papers by this author Joseph K. TUCKER, Joseph K. TUCKERSearch for more papers by this authorFrank J. FABOZZI, Frank J. FABOZZISearch for more papers by this author First published: March 1977 https://doi.org/10.1111/j.1746-1049.1977.tb00372.xAboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL REFERENCES 1 Berle, A. A., Jr. The Twentieth Century Capitalist Revolution ( New York : Harcourt Brace, 1954). 2 Bolsa: The Brazilian Capital Market Review (Rio de Janeiro Stock Exchange), May 30, 1975). 3 Darst, D. N. Up the Bolsa,” Barrons, Vol. 53 (September 10, 1973). 4 DeVoe, R. F., Jr. Under the Southern Cross: The Role of ‘Monetary Adjustment’ in Brazil's Economic Miracle,” Financial Analysts Journal, Vol. 30, No. 5 (September/October 1974). 5 External Devaluation,” New York Times, April 1, 1976). 6 Fishlow, A. Indexing Brazilian Style: Inflation without Tears?” in Brookings Paper on Economic Activity ( Washington , D.C. : Brookings Institution, 1974). 7 Furtado, C. The Economic Growth of Brazil, 3rd ed. ( Berkeley , Calif. : University of California Press, 1968). 8 Gurley, J. C., and Shaw, E. S. Financial Structure and Economic Development,” Economic Development and Cultural Change, Vol. 15, No. 3 (April 1967). 9 Harris, J. J. “Development of the Brazilian Capital Market” (Ph.D. diss., University of Iowa, 1972) Xerox No. 72– 76, 291). 10 Investing Fever Grips Brazilians,” New York Times, August 3, 1971). 11 Kleinman, D. T. The Private Investment Banks and the Development of Brazil's Capital Market” ( Washington , D.C. : Agency for International Development, 1968). 12 Kleinman, D. T.. Structuring Capital Markets for Efficient Use of Foreign Aid: The Case of Brazil,” Industrial Management Review, Vol. 10, No. 2 (Winter 1969). 13 Kleinman, D. T.. “Capital Markets and Economic Development: The Kleinman Plan”, Hearings before the Subcommittee on Inter-American Affairs of the Committee of Foreign Affairs, House of Representatives, 92nd Congress, 2nd Session, July 25, 1972) ( Washington , D.C. : U.S. Government Printing Office, 1972). 14 Mann, E. J. Inflation Accounting in Brazil,” Journal of Accounting, November 1967). 15 “Newsletter Brazil,”First National Bank of Boston, May 1975). 16 Poser, N. S. Securities Regulation in Developing Countries: The Brazilian Experience,” Virginia Law Review, Vol. 52 (1966). 17 Prices in Brazil Bolsa Plunge 6% after Military Junta Takes Over,” New York Times, September 3, 1969). 18 Quirks in Brazilian Stocks Stir Bizarre Explanations,” New York Times, June 26, 1972). 19 Rio Bolsa Drive to Popularize Investment Noted…,” New York Times, August 4, 1968). 20 Roth, A. R. Capital Market Development in Israel and Brazil: Two Examples of the Law in Development,” Stanford Law Review, Vol. 19 (June 1967). 21 “SEC Won't Propose Rules to Ease Entry of Foreign Mutual Funds to U.S. Markets,”Wall Street Journal, September 29, 1975). 22 Stock Market Strength and Vitality in Rio de Janeiro,” Bolsa de Valores de Rio de Janeiro (Rio de Janeiro Stock Exchange) (1975). 23 Stocks in Brazil Already Galloping as Brazil Loosens Credit Reigns,” New York Times, September 1, 1969). 24 Trends and Perspectives of the Brazilian Economy,” Banco Lar Quarterly (Rio de Janeiro), October 1974. 25 Trends and Perspectives in the Brazilian Economy,” Banco Lar Quarterly (Rio de Janeiro), July 1975). 26 Trubek, D. M. Law, Planning and Development of the Brazilian Capital Market: A Study of Law in Economic Change,” Bulletin of the Institute of Finance (New York University), No. 72–73 (April 1971). 27 Who Benefits? Ford's Common Stock Plan…,” Wall Street Journal, February 4, 1976). Volume15, Issue1March 1977Pages 92-108 ReferencesRelatedInformation

Adoption in evolution: recent influences on adoption in Virginia.

Adoption is a relatively new and evolving institution. The characteristics of children available for adoption are changing. Some hard-to-place children will be helped by subsidized adoption. The concept of children as property of biologic parents continues to shadow efforts to terminate parental rights. Virginia law allows adoption against parental consent if such consent is withheld contrary to the child's welfare, but decisions continue to be based upon whether or not parental behavior has been sufficiently extreme to justify a finding of unfitness. New legislation is required to put the child's interests on a par with those of parents.

Silk Purses into Sow's Ears: The Decline of Psychological Testing and a Suggestion for Its Redemption

Click to increase image sizeClick to decrease image size Additional informationNotes on contributorsDonald N. BersoffDonald N. Bersoff is currently a candidate for the J. D. degree at the University of Virginia Law School. Condensed from American Psychologist, 1973, 28 (10), 892–899.

Taxation of Unrealized Gains at Death. An Evaluation of the Current Proposals

Forty-two years ago, in the Virginia Law Review, long before Congress twice enacted — and twice repealed — carryover basis for assets transferred at death, I published this article examining and evaluating a number of proposals for taxing gains at death, as well as for carryover basis. (One of these was being advanced by the American Bankers Association.) The president, in his State of the Union address on January 20, 2015, has again proposed a tax on gains on assets transferred at death. This article may be helpful in identifying some of the main issues and alternatives if Congress considers the proposal in its upcoming tax reform deliberations. I have made no attempt to update this article for current circumstances. Most of the design issues remain unchanged, although the exemption and illustrative numbers are out of date.

Abortion law reform.

To the Editor.— I must assume that an oversight is responsible for the omission of dates for the recently amended abortion laws of Hawaii ( 1970), Oregon (1969), South Carolina (1970), and Virginia (1970) in the table ( 214: 2238, 1970). In the following week's issue, ( 214: 2405), it is hard to understand why Illinois and Texas are not mentioned in the discussion of the constitutional questions relating to abortion laws. A three-judge Federal court ruled Texas' abortion law unconstitutional in that it is too and overbroad and that the fundamental right of single women and married persons to choose whether to have children is protected by the Ninth Amendment of the Constitution ( AMA News , Aug 10, 1970 p 13). Similarly, in Chicago, a criminal court judge ruled that the Illinois abortion statute is unconstitutional because it is vague and infringes upon a woman's right to control her own body ( AMA

Slavery in the Americas: A Comparative Study of Cuba and Virginia (review)

BOOK REVIEWS SL·very in the Americas: A Comparative Study of Cuba and Virginia. By Herbert S. Klein. (Chicago: University of Chicago Press, 1967. Pp. xi, 270, $6.95.) Professor Klein's incisive and informative book follows the approach of Frank Tannenbaume influential essay Sfae and Citizen (New York, 1946), as modified by Stanley Elkins' Stoery: A Problem in American Institutional and Intellectual Life (Chicago, 1959). In an earlier age it was held to be a peculiar weakness of Latin American areas that they were overly dominated by an absolute monarchy and were priest-ridden by die Spanish Church; by contrast, one formerly praised die English colonies for their spontaneous self-government in matters secular and spiritual. Tannenbaum, Elkins, and Klein turn diat upside down in the obviously important area of slavery and race relations. Here die tyrant of Spain and his viceroys become the protectors of the exploited African, continuously reasserting his irreducible legal rights against die selfish designs of planters. The priests, obscurantists and parasites to die intellectual descendants of Voltaire and Jefferson, become die champions of the brotherhood of man, sanctifying and protecting the family life of Negroes , and contributing by means of solemn and festive observances a feeling of cultural integration. Thus in Cuba—the area illustrated by Professor Klein—and all of Latin America according to die general conclusions of this "Tannenbaum school," slavery, although sanctioned undei ancient legal codes, was also gready softened by diem. The legacy of die Middle Ages, therefore, contributed in Latin America to the enviable modern achievement of racially integrated societies, where color had never been an insurmountable barrier eidier to self-respect or self-advancement. In another important respect this new school of interpretation breaks with the past. The abolitionist writers of the nineteenth century took different positions on interracial marriages, but all agreed in condemning the illicit and unsanctified mating of white and black. In traditional moral terms this was at best seduction and at worst rape, and while there was obviously plenty of both in die North American colonies there was much more in the tropics. By sheer frequency of commission, this abomination reflected what dien seemed to be the more brutal tone of race relations in Latin America. But to Professor Klein the propagation of mulattoes was less a sign of cultural wickedness dian an engine of mobility, for "Cuban society organized itself around a tripartite color system that permitted mulattoes to think of diemselves and be accepted by both whites and 350 Negroes as a distinct group, not participating in many of the 'traits' and disabilities of die latter group. To be a mulatto usually meant more economic and social mobility. Also, given money and education, the mulatto even if obscuro, or very dark, would be ranked in the white category, and die corresponding Negro would be classified as mulatto, for in Cuba as in the rest of Latin America, 'money whitened.' " (p. 259) Professor Klein tells us diat he chose Cuba and Virginia for his comparative study because both were old colonial establishments, and had roughly equivalent proportions of die white and Negro races. But in Virginia he finds the feebleness of die Crown and the Anglican Church permitting the planters to have dieir own way, which was to force die Negro into a chattel position, from which, eventually, there could be no legal means of escape; not even white ancestry changed one's status. Comparisons need not be odious, but diis one works hard on die Virginians , white and black. Klein has proven his main thesis that die colored people of Virginia were walled off into an inferior caste more effectively dian were those of Cuba. But perhaps widiout intending it, he has made a book which strongly suggests diat die overall life conditions of die average colored person in Cuba were better than diose in Virginia. The laws of Virginia admitted no such thing as marriage for Negro slavesyet Virginia slaves often married. Virginia laws made no provision for Negro churches or for Negro education, and eventually oudawed them. Yet Negroes preached, prayed, read, and wrote. The laws of Virginia, in short, prescribed a more absolute and rigorous chattel slavery than ever...

The Black Codes of the South (review)

BOOK REVIEWS377 holds true for the chapter entitled: 'The Voice of Politics." While abundant evidence is provided attesting to the existence of bitter partisanship in the North, very little editorial or documentary analysis is utilized which casts light upon the complexities that produced it. Much the same thing can be said about the chapters on "Credos of the North," "Ways of Life," and "Promises and Threats of Victory." With some notable exceptions, the editors obviously chose to substitute scope for depth. The choice was not a happy one. Richard O. Curry University of Connecticut The Black Codes of the South. By Theodore B. Wilson. (University, Ala.: University of Alabama Press, 1965. Pp. 177. $5.95.) This is the first book to be devoted entirely to southern legislation on the Negro during 1865-1866, and the author treats the subject with a judicious mixture of censure and understanding. He begins by surveying the history of legislation on the free Negro during the seventeenth and eighteenth centuries—a useful and desirable enterprise, except that the author's discussion of race relations is unfortunately marred by vague and unnecessary sociological jargon. Wilson recognizes that legislation cannot be divorced from its social and economic context, and the resulting discussion of southern conditions in 1865-1866 is a careful one. In analyzing the laws themselves he concludes that the 1865 codes were harsh largely because of southern fears that the Negroes would not work without compulsion and were planning a major uprising at the end of the year. During 1866, he finds, labor conditions improved considerably, and thus the codes of that year were generally milder than the earlier ones. As to the pohtical effect of the codes, Wilson feels that they were indiscreet and unwise, but that they "certainly did not cause Radical Reconstruction." Wilson gives insufficient attention to the question of how closely the Black Codes paralleled northern state laws on similar subjects; for instance, in discussing an 1866 Virginia law which General Terry suspended by müitary order, he omits the fact that it was copied verbatim from the statutes of Pennsylvania. He points out, quite correcUy, that the codes resembled regulations previously issued as occupation measures by the United States Army and the Freedmen's Bureau, but his treatment of this aspect leaves something to be desired. He says these restrictions "were not official army or bureau policy in the sense of being issued by the top command," which is certainly vague, potentially misleading, and probably wrong, depending on what "top command" means. He fails to recognize that, on the subject of labor regulations, the bureau's measures were much more explicit and detailed than the army's. He makes the undemonstrable statement that "a large portion of white enlisted men appear to have been anti-Negro. ..." In dealing with northern reaction to the codes he omits the interesting fact that the North found much greater fault with southern 378civil war history laws than with similar mihtary regulations. Finally, why these army and bureau measures furnished "bad" examples for southern legislatures is hard to see. Wilson tends to assume that the best test of whether a law is "discriminatory " is whether its provisions specifically refer by name to Negroes er freedmen. Thus, as in the case of a Mississippi law punishing certain misdemeanors when committed by Negroes, he too often labels a law discriminatory without explaining how whites might be punished under other statutes for the same offenses. He also gives insufficient attention to the enforcement of the codes by local officials. Chapter six, entitled "The Campaign Against Reunion," requires special notice. Wilson demonstrates that the Radicals misrepresented the codes and magnified their harsh features, and he concludes that on the whole the sentiment against a speedy reunion was intensified by the codes but did not originate in them. Unfortunately, eighteen pages of the chapter are not fully relevant to the Black Codes, being a scissors-and-paste assemblage of thirty indented quotes—a stylistic device which the author greatly overuses—from politicians, abolitionists, ministers, and literary figures on the general subject of reunion. Since the text of this book only embraces 152 pages to begin with, those eighteen are precious...

Current Trends in Labor Law in Virginia, 1956-1966

Current Trends in Labor Law in Virginia, 1956-1966

The Virginia program for implementing the work authorization law

A timely and important report on how written work authorization has become law in Virginia. The results of fact-finding visits to dentists and laboratories showed that most dentists were not sending adequate instructions to the laboratories, but that the laboratories were doing a good job with written work authorization. In delegating work to a dental laboratory, the dentist must first be able to convey this information adequately to the laboratory. He is responsible for delegating only such work as the dental laboratory technician is competent and legally authorized to perform. A timely and important report on how written work authorization has become law in Virginia. The results of fact-finding visits to dentists and laboratories showed that most dentists were not sending adequate instructions to the laboratories, but that the laboratories were doing a good job with written work authorization. In delegating work to a dental laboratory, the dentist must first be able to convey this information adequately to the laboratory. He is responsible for delegating only such work as the dental laboratory technician is competent and legally authorized to perform.

"Refutation" and "Rebuttal"

IN MY TEACHING of students in the University of Virginia's Law School, I was interested to find that when the oral advocate answered his opponent's argument the process was termed rebuttal. One was said to rebut when he weakened or destroyed his adversary's This was the very meaning that I, a teacher of speech, had always heard applied to refutation. This prompted me to wonder if the modern speech profession did in fact have a basis for such a clear-cut dichotomy as was sometimes made between the two processes of and rebuttal. Many of us had learned that was tearing down the case of one's opponent and rebuttal was either building up one's own position or was perhaps a speech given towards the conclusion of a debate. Could this be another case, I pondered, like the use of extemporaneous2 and impromptu, in which professional teachers of speech insist there a difference, although historically there none? I determined to find out. This article the outgrowth of my investigation. First, let us see what selected twentieth-century speech books say about the two processes. One of the most important Tau Kappa Alpha's semiofficial handbook, Argumentation and Debate.3 Ralph McGinnis's essay in this book clearly differentiates the two practices, saying, refutation the process of attacking, weakening, tearing down, or destroying the argument of an opponent. Rebuttal is the process of defending, strengthening, and rebuilding arguments after they have been attacked by an opponent.4 True, they are complementary, but nevertheless two separate tasks. Alan Nichols, while admitting the distinction academic, nonetheless contends that answers only the opposing case, while rebuttal not only answers the opposition but also strengthens one's own case. Nichols and Baccus a generation ago made the same point: the process of answering an argument or of disproving it by destroying the value and significance of proof. At the same time, rebuttal plus reinforcement or re-establishing of argument

Antitrust jurisdiction and foreign sovereignty

The International ExecutiveVolume 5, Issue 4 p. 23-24 Article Antitrust jurisdiction and foreign sovereignty Wilbur L. Fugate, Wilbur L. Fugate Chief, Foreign Commerce Section, Antitrust Division of the United States Department of Justice. Summarized by permission from Virginia Law Review, June, 1963Search for more papers by this author Wilbur L. Fugate, Wilbur L. Fugate Chief, Foreign Commerce Section, Antitrust Division of the United States Department of Justice. Summarized by permission from Virginia Law Review, June, 1963Search for more papers by this author First published: Autumn (Fall) 1963 https://doi.org/10.1002/tie.5060050411 AboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinked InRedditWechat No abstract is available for this article. Volume5, Issue4Autumn (Fall) 1963Pages 23-24 RelatedInformation

Territorial Scope and Situs of Trademarks and Good Will

The International ExecutiveVolume 3, Issue 4 p. 23-24 Article Territorial Scope and Situs of Trademarks and Good Will Walter J. Derenberg, Walter J. Derenberg Professor, New York University. Summarized by permission from Virginia Law Review, June, 1961.Search for more papers by this author Walter J. Derenberg, Walter J. Derenberg Professor, New York University. Summarized by permission from Virginia Law Review, June, 1961.Search for more papers by this author First published: Autumn (Fall) 1961 https://doi.org/10.1002/tie.5060030413 AboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinkedInRedditWechat No abstract is available for this article. Volume3, Issue4Autumn (Fall) 1961Pages 23-24 RelatedInformation

Rate‐Making Regulations and Financing in West Virginia

West Virginia, instead of allowing a fair rate of return (as is done for privately owned utilities), allows a municipally owned utility to charge rates broad enough to produce sufficient funds to pay reasonable operating expenses (including depreciation), to service debt capital, and to provide sufficient surplus for needed additions or replacements. One of the major difficulties encountered by West Virginia in the regulation of municipally owned water systems has been the failure of the utilities to set aside a sufficient depreciation reserve to enable them to make replacements made necessary by the wearing out or obsolescence of equipment or facilities. It should be pointed out that under West Virginia law, funds generated by a municipal corporation's operation of utility services may not legally be expended for any purposes other than those directly related to the operation of the utility. Accounting records, rate‐making procedures and financing of improvements are also discussed.

Surface Water Law in Virginia

Surface Water Law in Virginia

Virginia Laws Affecting Churches

Virginia Laws Affecting Churches

Current Trends in Labor Law in Virginia

Current Trends in Labor Law in Virginia

Hotel Law in Virginia

Hotel Law in Virginia