THE OUTER CONTINENTAL SHELF LANDS ACT'S PROVISIONS ON JURISDICTION, REMEDIES, AND CHOICE OF LAW: CORRECTING THE FIFTH CIRCUITS MISTAKES

摘要

When an important national court admits that it is in trouble and calls out for help, the court's practicing and academic bar are obliged to respond. We might do this by writing books and articles. But we can do it most effectively by aggressively pursuing en banc rehearings in cases in which the court's panels may have gone astray. This article provides suggestions and authorities that can be used to persuade the Fifth Circuit to grant en banc rehearings in order to address the expensive and wasteful confusions and inconsistencies in its OCS jurisprudence.