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Articles 1 - 27 of 27
Full-Text Articles in Law
Govern Yourself Accordingly- Crafting Effective Demand Letters, Jason G. Dykstra
Govern Yourself Accordingly- Crafting Effective Demand Letters, Jason G. Dykstra
Articles
An effective demand letter can expediently resolve a dispute without litigation. But a poorly conceived demand letter can accelerate a dispute toward litigation and even generate negative publicity. Like all correspondence, demand letters need to be tailored in tone and content for varied audience, both the intended recipient and other foreseeable recipients. Beyond the intended recipient, the audience for a demand letter could encompass insurance adjusters, in-house counsel, and perhaps even the public via social media or press coverage. Therefore, an effective demand letter should not only be polite but firm, but also tell a persuasive story that evokes incredulity …
Avoid These Eleven Common Evidentiary Mistakes, John E. Rumel
Avoid These Eleven Common Evidentiary Mistakes, John E. Rumel
Articles
No abstract provided.
Modernization Of The Columbia River Treaty: An Opportunity For Idaho, Barbara Cosens
Modernization Of The Columbia River Treaty: An Opportunity For Idaho, Barbara Cosens
Articles
No abstract provided.
Forfeitures And The Eighth Amendment: A Practical Approach To The Excessive Fines Clause As A Check On Government Seizures, David Pimentel
Forfeitures And The Eighth Amendment: A Practical Approach To The Excessive Fines Clause As A Check On Government Seizures, David Pimentel
Articles
No abstract provided.
Rest In Peace, Rule 505, Wendy Gerwick Couture
Rest In Peace, Rule 505, Wendy Gerwick Couture
Articles
After 37 years in existence,1 the Rule 505 exemption from registration has been repealed, effective May 22, 2017. This essay reviews the evolution of Rule 505 over its lifetime; examines Rule 505’s role within Regulation D and analyzes why that role eventually became obsolete; and argues that Rule 505 leaves behind a legacy that should continue to inform policy discussions about exemptions from registration.
Reviews And Reflections On Planned Communities, Stephen R. Miller
Reviews And Reflections On Planned Communities, Stephen R. Miller
Articles
No abstract provided.
The State Of The City And The Future Of Human Rights: A Review Of Global Urban Justice, Johanna Kalb
The State Of The City And The Future Of Human Rights: A Review Of Global Urban Justice, Johanna Kalb
Articles
No abstract provided.
Public Employee Speech: Answering The Unanswered And Related Questions In Lane V. Franks, John E. Rumel
Public Employee Speech: Answering The Unanswered And Related Questions In Lane V. Franks, John E. Rumel
Articles
No abstract provided.
Human Rights Proxy Wars, Johanna Kalb
Civil Asset Forfeiture Abuses: Can State Legislation Solve The Problem?, David Pimentel
Civil Asset Forfeiture Abuses: Can State Legislation Solve The Problem?, David Pimentel
Articles
No abstract provided.
Forfeitures And The Eighth Amendment: A Practical Approach To The Excessive Fines Clause As A Check On Government Seizures, David Pimentel
Forfeitures And The Eighth Amendment: A Practical Approach To The Excessive Fines Clause As A Check On Government Seizures, David Pimentel
Articles
No abstract provided.
The Immigrant Right To Work, Geoffrey Heeren
The Immigrant Right To Work, Geoffrey Heeren
Articles
Federal and state policies that make immigrant work putatively illegal are in tension with a constitutional right to work that is deeply rooted in United States history and jurisprudence. The Department of Homeland Security ("DHS") regulates immigrant work through a system of employment authorization and sanctions on employers who hire unauthorized immigrant workers. This system has become such a central feature of immigration law that few recognize it is a relatively recent innovation. While the United States has always regulated its domestic labor market by modulating immigration, regulation of work as a mechanism of immigration enforcement has only existed since …
Civil Asset Forfeiture Abuses: Can State Legislation Solve The Problem?, David Pimentel
Civil Asset Forfeiture Abuses: Can State Legislation Solve The Problem?, David Pimentel
Articles
No abstract provided.
The Shadow Of Free Enterprise: The Unconstitutionality Of The Securities & Exchange Commission's Administrative Law Judges, Linda Jellum
The Shadow Of Free Enterprise: The Unconstitutionality Of The Securities & Exchange Commission's Administrative Law Judges, Linda Jellum
Articles
Six years ago, Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), for the first time giving the Securities and Exchange Commission (SEC) the power to seek monetary penalties through its in-house adjudication. The SEC already had the power to seek such penalties in federal court. With the Dodd-Frank Act, the SEC's enforcement division could now choose between an adjudication before an SEC Administrative Law Judge (ALJ) or a civil action before an Article III judge. With this new choice, the SEC realized a significant home-court advantage. For example, in 2014, the SEC's enforcement division prevailed …
Regime Shifts And Panarchies In Regional Scale Social-Ecological Water Systems, Barbara Cosens
Regime Shifts And Panarchies In Regional Scale Social-Ecological Water Systems, Barbara Cosens
Articles
In this article we summarize histories of nonlinear, complex interactions among societal, legal, and ecosystem dynamics in six North American water basins, as they respond to changing climate. These case studies were chosen to explore the conditions for emergence of adaptive governance in heavily regulated and developed social-ecological systems nested within a hierarchical governmental system. We summarize resilience assessments conducted in each system to provide a synthesis and reference by the other articles in this special feature. We also present a general framework used to evaluate the interactions between society and ecosystem regimes and the governance regimes chosen to mediate …
Local Environmental Regulation In The Mountain West, Stephen R. Miller
Local Environmental Regulation In The Mountain West, Stephen R. Miller
Articles
This article takes the opportunity to reflect upon the rapid rise and maturation of local environmental regulation in the Mountain West, which has been one of the country’s fastest growing regions in the last twenty-five years. Section I of this article first offers several reasons why local environmental regulation has become popular over the past several decades in the Mountain West. The article then explores several of the key forms of local environmental regulation to emerge. Section II focuses on those local environmental regulations that address living with and preserving access to the natural environment, both of which are among …
Supreme Court Supremacy In A Time Of Turmoil, Richard Henry Seamon
Supreme Court Supremacy In A Time Of Turmoil, Richard Henry Seamon
Articles
Last term's decision in James v. City of Boise encapsulates the current civil rights turmoil and the legal system's inadequate response to it. In James, the U.S. Supreme Court reversed a decision in which the Idaho Supreme Court (1) awarded attorney's fees against a civil rights plaintiff despite her credible claim of excessive police force and (2) denied that it was bound by U.S. Supreme Court decisions interpreting the federal statute authorizing the award. Although the Court in James reaffirmed the state courts' well-settled duty to obey the Court's decisions on federal law, this article shows that the duty rests …
Chile, The Biobio, And The Future Of The Columbia River Basin, Jerrold A. Long
Chile, The Biobio, And The Future Of The Columbia River Basin, Jerrold A. Long
Articles
No abstract provided.
Regulation Of Teacher Certification In Idaho: Proceedings Before Idaho's Professional Standards Commission Covering The Denial Of An Application For Or Action Against A Teaching Certificate, John E. Rumel
Articles
No abstract provided.
Airbnb And The Battle Between Internet Exceptionalism And Local Control Of Land Use, Stephen R. Miller
Airbnb And The Battle Between Internet Exceptionalism And Local Control Of Land Use, Stephen R. Miller
Articles
No abstract provided.
Glass Half-Empty Approach To Securities Regulation, Wendy Gerwick Couture
Glass Half-Empty Approach To Securities Regulation, Wendy Gerwick Couture
Articles
In this Article, I propose a novel approach, which I call the “glass-half-empty” approach, to analyze the appropriate boundaries of securities regulation. This approach assumes a baseline of “full” regulation and then analyzes which regulations should be stripped away because the costs exceed the benefits. This is the opposite of the traditional approach, which assumes a baseline of zero regulation, identifies a market failure, and then weighs the costs and benefits of regulatory intervention.
Although, in theory, the two approaches should reach the same conclusions about the appropriate bounds of securities regulation, the glass-half-empty approach yields new insights because it …
Sharing Economy Meets The Sherman Act: Is Uber A Firm, A Cartel, Or Something In Between?, Mark Anderson
Sharing Economy Meets The Sherman Act: Is Uber A Firm, A Cartel, Or Something In Between?, Mark Anderson
Articles
The sharing economy is a new industrial structure that is made possible by instantaneous internet communication and changes in the life, work, and purchasing habits of individual entrepreneurs and consumers. Antitrust law is an economic regulatory scheme dating back to 1890 in the United States that is designed to address centrally controlled concentrations of economic power and the threats that those concentrations pose to consumer interests and economic efficiency. In order to accommodate a modern enterprise structure in which thousands or millions of independent contractors join forces to provide a service by agreement among themselves, antitrust law requires re-envisioning and …
Supreme Court Supremacy In A Time Of Turmoil: James V. City Of Boise, Richard Henry Seamon
Supreme Court Supremacy In A Time Of Turmoil: James V. City Of Boise, Richard Henry Seamon
Articles
No abstract provided.
Cycling, Safety, And Victim-Blaming: Toward A Coherent Public Policy For Bicycling In 21st Century America, David Pimentel
Cycling, Safety, And Victim-Blaming: Toward A Coherent Public Policy For Bicycling In 21st Century America, David Pimentel
Articles
No abstract provided.
First Amendment Right To A Remedy, Benjamin Plener Cover
First Amendment Right To A Remedy, Benjamin Plener Cover
Articles
Scholars and jurists agree that the First Amendment right “to petition the Government for a redress of grievances” includes a right of court access, but narrowly define this right as the right to file a lawsuit. This dominant view fails to meaningfully differentiate between the right to petition, the freedom of speech, and due process, missing the distinct significance of the Petition Clause when individuals petition courts. The most significant threats to court access today occur after the filing stage, when courts deny or limit remedies to legally injured persons — by enforcing a mandatory arbitration provision or an exhaustion …
Risk Of Regulatory Arbitrage: A Response To "Securities Regulation In Virtual Space", Wendy Gerwick Couture
Risk Of Regulatory Arbitrage: A Response To "Securities Regulation In Virtual Space", Wendy Gerwick Couture
Articles
In Securities Regulation in Virtual Space, Eric C. Chaffee explores the potential applicability of the securities laws to virtual transactions based on virtual activity and argues that, although many of these transactions likely qualify as “investment contracts” under S.E.C. v. W.J. Howey Co., they should be excluded under the context clause because, among other reasons, application of the securities laws would stifle creativity within this innovative space. This Response proposes a reframing of the Howey test as a response to the risk of regulatory arbitrage, argues that the context clause should only exclude transactions that do not pose such …
Hybrid Jury Strikes, Aliza Plener Cover
Hybrid Jury Strikes, Aliza Plener Cover
Articles
Modern jury selection is pulled in two directions. Equal protection prohibits racial discrimination, but the traditional peremptory strike permits exclusion of a juror without explanation. To reconcile this tension, the Court developed the Batson framework, requiring lawyers to articulate ex post race-neutral justifications for suspicious strikes. But many doubt Batson's efficacy at uncovering latent discrimination. During the 2015-16 term, while recognizing a Batson violation in Foster v. Chatman, the Supreme Court counter-intuitively reinforced this concern. Foster is the rare case in which prosecutors documented in writing their reliance on race. A framework that depends on such transparency is weak and …