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Full-Text Articles in Law
Pretext Searches And Seizures: In Search Of Solid Ground, Jeff D. May, Rob Duke, Sean Gueco
Pretext Searches And Seizures: In Search Of Solid Ground, Jeff D. May, Rob Duke, Sean Gueco
Alaska Law Review
Despite numerous attempts to subject the use of pretext law enforcement stops to Alaska Constitutional scrutiny, the issue has never been thoroughly reviewed. Alaska courts currently allow pretext investigative stops so long as a reasonable officer following permissible police practices could have made the stop for the proffered reason. This is a minority position, inconsistent with federal law which deems pretext motivations constitutionally irrelevant. It is also far less protective of individual rights than an outright ban on officer pretext. This reasonable officer standard, however, offers some advantages over banning all types of pretext. This Article explores Alaska's historical treatment …
Duties Of The Judicial System To The Pro Se Litigant, Mark Andrews
Duties Of The Judicial System To The Pro Se Litigant, Mark Andrews
Alaska Law Review
Alaska courts have assisted unrepresented litigants in civil cases, explaining procedural technicalities to pro se litigants and applying more lenient standards to pro se pleadings. Although the origin of this policy is unclear, the Alaska Supreme Court in Breck v. Ulmer held that the trial court should advise pro se litigants of procedural requirements and hold pro se litigants to less stringent standards than attorneys. However, two recent cases, Greenway v. Heathcott and Wagner v. Wagner, have complicated Alaska's policy by adopting different approaches regarding when a court should advise a pro se litigant of procedural requirements. This Article …
Giving Up The Ghost: Alaska Bar Ethics Opinion 93-1 And Undisclosed Attorney Assistance Revisited, Howard Burgoyne Rhodes
Giving Up The Ghost: Alaska Bar Ethics Opinion 93-1 And Undisclosed Attorney Assistance Revisited, Howard Burgoyne Rhodes
Alaska Law Review
Twenty years ago, the Alaska Bar Association adopted Ethics Opinion No. 93-1 which permitted attorneys to "ghostwrite" pleadings and provide other undisclosed services to pro se litigants. The goal of this ethical guidance was to enable attorneys to assist low-income individuals who could not otherwise afford representation. Ethics Opinion No. 93-1 construed "ghostwriting" broadly as an attorney's undisclosed assistance to a pro se client whether by providing legal advice or drafting pleadings or other documents. This Note argues that, despite the moral allure of its theoretical justifications, ghostwriting is unnecessary, provides little demonstrable benefit to pro se litigants, and potentially …
The “Middle Place”: The Npr-A Impact Mitigation Program And Alaska’S North Slope, Shauna Woods
The “Middle Place”: The Npr-A Impact Mitigation Program And Alaska’S North Slope, Shauna Woods
Alaska Law Review
The communities of Alaska's North Slope increasingly find themselves in a "middle place," stuck between a past to which they cannot return and a future that is fraught with uncertainty. Oil and gas development on Alaska's North Slope has resulted in environmental, cultural, and social changes that have adversely affected the communities in the area. At the same time, oil and gas leasing in the National Petroleum Reserve in Alaska, located on the North Slope, has created an important revenue source for helping those communities mitigate the impacts of development and augment their capacities for addressing future changes. In particular, …
Note From The Editor, Kristie Beaudoin
Mutiny Against The Mmpa: A Look At Alaska Sb 60, Garrett Boyle
Mutiny Against The Mmpa: A Look At Alaska Sb 60, Garrett Boyle
Alaska Law Review
In an attempt to curb the detrimental effects of a ballooning sea otter population, a new bill proposed in the Alaska State Senate seeks to amend the Alaska fish and game statutes by placing a bounty of $100 on sea otters lawfully taken by Alaska Natives. This Note studies the conflicting nature of the proposed bill, SB 60, with the current version of the Marine Mammal Protection Act, examining the enforceability of the provision in light of precedent from the Alaska Supreme Court and a liberal interpretation of the MMPA. The Note ultimately concludes that SB 60, as written, is …
Alaska Natives And American Laws, By David S. Case And David A. Voluck, Troy A. Eid
Alaska Natives And American Laws, By David S. Case And David A. Voluck, Troy A. Eid
Alaska Law Review
No abstract provided.
The Right To Challenge The Accuracy Of Breath Test Results Under Alaska Law, Paul A. Clark
The Right To Challenge The Accuracy Of Breath Test Results Under Alaska Law, Paul A. Clark
Alaska Law Review
Section 28.90.020 of the Alaska Statutes provides that in prosecutions for drunk driving, "if an offense described under this title requires that a chemical test of a person's breath produce a particular result, and the chemical test is administered by a properly calibrated instrument approved by the Department of Public Safety, the result described by statute is not affected by the instrument's working tolerance." This provision appears to prohibit the defense from calling into question the accuracy of a breath test by introducing evidence of uncertainty inherent in the testing procedure. The statute is problematic because due process requires that …
Alaska National Interest Lands Conservation Act Compliance & Nonsubsistence Areas: How Can Alaska Thaw Out Rural & Alaska Native Subsistence Rights?, Miranda Strong
Alaska Law Review
The Alaska Constitution prevents the Alaska National Interest Lands Conservation Act's (ANILCA) rural subsistence priority from being enforced. The Federal Government currently manages subsistence on federal lands in Alaska and Alaska can only resume management if it becomes ANILCA compliant. The current federal management system does not sufficiently protect rural and Alaska Natives' subsistence rights. Alaska's Legislature must overcome the rural-urban divide to amend its constitution to become ANILCA compliant again by providing a modified rural priority that includes urban Alaska Natives. The Alaska Legislature should repeal the nonsubsistence zones statute because it denies federally defined rural areas the state's …
The Awareness Of Wrongdoing Requirements In The Wake Of Hazelwood, Brian Flanagan
The Awareness Of Wrongdoing Requirements In The Wake Of Hazelwood, Brian Flanagan
Alaska Law Review
State v. Hazelwood shook Alaska's jurisprudence and suggested the end of the due process requirement of awareness of wrongdoing for serious criminal convictions. However, prior and subsequent case law suggest a more limited principle that the awareness of wrongdoing requirement only applies to cases involving omission liability or willful violation, not to the entirety of criminal law, and Hazelwood would survive only as an extension of this distinction. Still, premising such a requirement on judicial classification of offenses as positive action or omission liability does not appear to have emerged by design, and the result has the potential for inconsistency, …
Protection Of Our Elderly: A Multidisciplinary Collaborative Solution For Alaska , Elisia Gatmen Kupris
Protection Of Our Elderly: A Multidisciplinary Collaborative Solution For Alaska , Elisia Gatmen Kupris
Alaska Law Review
No abstract provided.
The Item Veto And The Threat Of Appropriations Bundling In Alaska, Nicholas Passarello
The Item Veto And The Threat Of Appropriations Bundling In Alaska, Nicholas Passarello
Alaska Law Review
The item veto power forms an important check on the legislature in many states, including Alaska. The power allows the governor to veto individual items in an appropriations bill rather than vetoing or signing the bill as a whole. In 2011 the Alaska State Legislature contemplated challenging this crucial executive power. A proposed draft of the annual capital appropriations bill contained language that linked each energy appropriation to all the others, providing that if the governor struck one item then none of the items would go into effect. Further, the legislature inserted language providing that none of the proposed energy …
Note From The Editor, Nick Passarello