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Articles 1 - 30 of 168
Full-Text Articles in Law
Understanding The Crisis: The Evolution Of Indigent Defense In Oregon, Molly Pettit
Understanding The Crisis: The Evolution Of Indigent Defense In Oregon, Molly Pettit
University Honors Theses
On any given day in Oregon, hundreds of people charged with a crime do not have an attorney to represent them. Many of these people are in custody, and some face charges as serious as murder. How did our public defense system reach the point of crisis? What can be done about it? This paper provides a general overview of the right to counsel nationally before narrowing the focus to the state of Oregon. Using scholarly articles, historical documents, footnotes, meeting transcripts, and interviews, I explore the beginnings of court-appointed counsel in Oregon, and document how it has grown and …
Prostitution Decriminalization Campaigns In The United States: Libertarianism Or A "Decent Society", Jody Raphael
Prostitution Decriminalization Campaigns In The United States: Libertarianism Or A "Decent Society", Jody Raphael
Dignity: A Journal of Analysis of Exploitation and Violence
Recently, legislative campaigns to totally decriminalize the sex trade industry in a handful of U.S. states and the District of Columbia failed, but a look at campaign supporters and their arguments demonstrates that libertarian principles are mainly guiding their efforts. This article explores how libertarianism principles, when applied to the sex trade, could bring about severe and lasting harm to others, including sellers of sex, potential victims of sex trafficking to meet the new demand, and the general community. Philosophic principles of liberty have been incorporated by courts, which find that liberty is never absolute and requires a balancing test …
Law School News: Distinguished Research Professor: John Chung 05-24-2020, Michael M. Bowden
Law School News: Distinguished Research Professor: John Chung 05-24-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Providing For Open Space Corridors: Two Examples, Edward Sullivan
Providing For Open Space Corridors: Two Examples, Edward Sullivan
Journal of Comparative Urban Law and Policy
This paper examines the efforts of two jurisdictions to respond to public demands that land be set aside for active or passive recreational use. The response to those demands reflects the different social, political and economic circumstances of those jurisdictions in allocating public and private lands for these uses.
Even President Obama Makes Mistakes: Why Expansion Of The Cascade–Siskiyou National Monument Was Improper, Leila Javanshir
Even President Obama Makes Mistakes: Why Expansion Of The Cascade–Siskiyou National Monument Was Improper, Leila Javanshir
Seattle University Law Review
In 2000, President Clinton created the Cascade–Siskiyou National Monument to protect the Klamath and Siskiyou ecoregions that are home to a variety of rare and endemic plant and animal species. Later, on January 12, 2017, President Obama expanded the Cascade–Siskiyou National Monument, but timber industry representatives and Oregon counties have challenged this expansion because approximately forty thousand of the additional acres were previously reserved for permanent forest production under the Oregon and California Lands Act of 1937. This Note discusses the creation and expansion of this Monument, elaborating on its history and the purposes behind it, and sets forth the …
The Role Of State Planning Law In The Regulation And Protection Of Ocean Resources, Edward J. Sullivan
The Role Of State Planning Law In The Regulation And Protection Of Ocean Resources, Edward J. Sullivan
Ocean and Coastal Law Journal
While land use planning is pervasive in the United States, legal structures for the planning and management of ocean resources are less well known or studied. The passage of the federal Coastal Zone Management Act in 1972 provided federal funds for state planning and regulation of coastal areas, with the incentive of binding federal agencies to state and regulations plans certified by the Secretary of Commerce. Most of the focus of CZMA study has been on estuaries and coastal shorelands; much less focus has been on coastal waters. Regarding coastal waters, more attention is given to the three mile ocean …
Hoopa Valley Tribe V. Ferc, Fredrick Aaron Rains
Hoopa Valley Tribe V. Ferc, Fredrick Aaron Rains
Public Land & Resources Law Review
In Hoopa Valley Tribe v. FERC, the Hoopa Valley Tribe challenged the intentional and continual delay of state water quality certification review of water discharged from a series of dams on the Klamath River in California and Oregon. The Federal Energy Regulatory Commission, the states of Oregon and California, and PacifiCorp, a hydroelectric operator, were implementing an administrative scheme designed to circumvent a one-year temporal requirement for review imposed on states by the Clean Water Act. This scheme allowed PacifiCorp to operate the series of dams for over a decade without proper state water quality certification. The United States …
1910 - The United States Consulate In California
1910 - The United States Consulate In California
Miscellaneous Documents and Reports
This is the story of the first and only United States consulate in California. Thomas Oliver Larkin served in four different official capacities under the United States government -- as United States consul in California from 1844 to 1848; as confidential agent of the government from 1846 to 1848; as navy agent from 1847 to 1849; and as a naval store keeper from 1847 to 1848. Rumors of war with Mexico over Texas and later with England over the Oregon boundary reach California.
When Larkin became consul for the United States, the US consular service was on an uncertain basis …
Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law September 2018, Roger Williams University School Of Law
Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law September 2018, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
A Case Study Of The Umpqua Community College Shooting, Timothy P. Wilson
A Case Study Of The Umpqua Community College Shooting, Timothy P. Wilson
Graduate Theses and Dissertations
The purpose of this dissertation was to examine the deadliest shooting that has happened on a community college campus. The following research questions guided this dissertation study: (1) What was the law enforcement response to the deadliest community college campus shooting in history? (2) Did previous mass shootings inform the law enforcement response to the deadliest community college campus shooting? (3) What implications for practice can be derived by studying the deadliest of these shootings? This case study utilized multiple sources of information, from official police reports, official institutional reports, archives of publications, and participant interviews from some of the …
Newsroom: Rwu Remembers Former President Natale A. Sicuro 1-8-2018, Roger Williams University School Of Law
Newsroom: Rwu Remembers Former President Natale A. Sicuro 1-8-2018, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
How To Unlock The Voting Block: Oregon’S Sweeping Solution To Poor Voter Turnout: Automatic Registration, Gavin Rynard
How To Unlock The Voting Block: Oregon’S Sweeping Solution To Poor Voter Turnout: Automatic Registration, Gavin Rynard
University of Miami International and Comparative Law Review
No abstract provided.
Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander
Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander
Lisa T. Alexander
Matthew Desmond's Evicted: Poverty and Profit in the American City is a triumphant work that provides the missing socio-legal data needed to prove why America should recognize housing as a human right. Desmond's masterful study of the effect of evictions on Milwaukee's urban poor in the wake of the 2008 U.S. housing crisis humanizes the evicted, and their landlords, through rich and detailed ethnographies. His intimate portrayals teach Evicted's readers about the agonizingly difficult choices that low-income, unsubsidized tenants must make in the private rental market. Evicted also reveals the contradictions between "law on the books" and "law-in-action." Its most …
Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander
Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander
Faculty Scholarship
Matthew Desmond's Evicted: Poverty and Profit in the American City is a triumphant work that provides the missing socio-legal data needed to prove why America should recognize housing as a human right. Desmond's masterful study of the effect of evictions on Milwaukee's urban poor in the wake of the 2008 U.S. housing crisis humanizes the evicted, and their landlords, through rich and detailed ethnographies. His intimate portrayals teach Evicted's readers about the agonizingly difficult choices that low-income, unsubsidized tenants must make in the private rental market. Evicted also reveals the contradictions between "law on the books" and "law-in-action." Its most …
The Home-Field Disadvantage: Tort Liability And Immunity For Paid Physicians During Disasters Within The Pacific Northwest Emergency Management Arrangement Member States, Stephen Seely
Seattle University Law Review
This Note identifies how the Pacific Northwest Emergency Management Arrangement member states of Alaska, Idaho, Oregon, and Washington apply tort liability and immunity to medical professionals during times of disaster. This Note also identifies an example statutory scheme that, if enacted, will provide equal protection to all physicians who provide care to disaster victims, regardless of their local or out-of-state status.
Trial And Error: Legislating Adr For Medical Malpractice Reform, Lydia Nussbaum
Trial And Error: Legislating Adr For Medical Malpractice Reform, Lydia Nussbaum
Scholarly Works
The U.S. healthcare system has a problem: hundreds of thousands of people die each year, and over a million are injured, by medical mistakes that could have been avoided. Furthermore, over ninety percent of these patients and their families never learn of the errors or receive redress. This problem persists, despite myriad reforms to the medical malpractice system, because of lawmakers' dominant focus on reducing providers' liability insurance costs. Reform objectives are beginning to change, however, and the vehicle for implementing these changes is alternative dispute resolution ("ADR"). Historically, legislatures deployed ADR to curb malpractice litigation and restrict patients' access …
A Deliberate Departure: Making Physician-Assisted Suicide Comfortable For Vulnerable Patients, Browne C. Lewis
A Deliberate Departure: Making Physician-Assisted Suicide Comfortable For Vulnerable Patients, Browne C. Lewis
Law Faculty Articles and Essays
This Article is divided into four parts. Part I discusses the history and evolution of the "right to die movement" in the United States. The current legal landscape in the United States is examined in Part II. In Part III, I analyze some of the relevant ethical concerns caused by the availability of physician-assisted suicide. My analysis primarily focuses on the Oregon statutes because it is the oldest physician-assisted suicide law in the United States and has served as a model for laws in the United States and abroad. For example, Lord Falconer's Bill, which was defeated by the British …
Cascadia Wildlands V. Thrailkill, Maresa A. Jenson
Cascadia Wildlands V. Thrailkill, Maresa A. Jenson
Public Land & Resources Law Review
The ninth circuit denied preliminary injunction for a wildfire Recovery Project in Oregon’s Klamath Mountains, the home range of the threatened spotted owl. The USFWS BiOp for the Recovery Project determined that there was no jeopardy to the species, even though research found adverse habitat effects and incidental take of the spotted owl. Thus, affirming the scientific procedure contained the “best available science” and was not arbitrary or capricious.
Slides: Flpma In Its Historical Context, John D. Leshy
Slides: Flpma In Its Historical Context, John D. Leshy
FLPMA Turns 40 (October 21)
Presenter: John D. Leshy, Sunderland Distinguished Professor of Law Emeritus, U.C. Hastings College of the Law
36 slides
This session traces the history of FLPMA including, among other things, its legislative, administrative, and historical antecedents, including for example, the Public Land Law Review Commission’s 1970 report, One Third of Our Nation’s Lands. It then considers FLPMA’s unique public lands policies and requirements and how they are reflected in the BLM’s management of public lands today.
See: https://www.nps.gov/parkhistory/online_books/blm/history/contents.htm
Agenda: Winter, Wilderness & Climate: Threats & Solutions, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, The Wilderness Society, Protect Our Winters
Agenda: Winter, Wilderness & Climate: Threats & Solutions, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, The Wilderness Society, Protect Our Winters
Winter, Wilderness, and Climate--Threats and Solutions (October 12)
In partnership with the Getches-Wilkinson Center, join The Wilderness Society and Protect Our Winters for an interactive presentation about energy development and climate impacts on public lands.
This event was held on Wednesday, October 12, 2016, 5:30 - 7:30 p.m., in the University of Colorado Law School, Wolf Law Building, Wittemyer Courtroom.
Slides: Winter, Wilderness & Climate: Threats & Solutions, Jim Ramey, Lindsay Bourgoine
Slides: Winter, Wilderness & Climate: Threats & Solutions, Jim Ramey, Lindsay Bourgoine
Winter, Wilderness, and Climate--Threats and Solutions (October 12)
Presenters:
Jim Ramey, The Wilderness Society
Lindsay Bourgoine, Protect Our Winters
56 slides
Oregon Natural Desert Association V. Jewell, Jody D. Lowenstein
Oregon Natural Desert Association V. Jewell, Jody D. Lowenstein
Public Land & Resources Law Review
In Oregon Natural Desert Association v. Jewell, the Ninth Circuit invalidated the BLM’s environmental review, finding that the agency based its approval of a wind-energy development on inaccurate scientific analysis. In negating the BLM’s action, the court held that flawed data and indefensible reasoning were discordant with NEPA’s central tenets. Furthermore, the court did not hold the BLM responsible for addressing a distinct environmental issue that was not brought to its attention during the public comment period.
The Stereotyped Offender: Domestic Violence And The Failure Of Intervention [Batterer Intervention Program (Bip) Standards Data, As Of 2015], Carolyn B. Ramsey
The Stereotyped Offender: Domestic Violence And The Failure Of Intervention [Batterer Intervention Program (Bip) Standards Data, As Of 2015], Carolyn B. Ramsey
Research Data
These 19 comparative data tables relating to state and local certification standards for batterer intervention programs (BIPs), as of 2015, are electronic Appendices B-T to Carolyn B. Ramsey, The Stereotyped Offender: Domestic Violence and the Failure of Intervention, 120 Penn. St. L. Rev. 337 (2015), available at http://scholar.law.colorado.edu/articles/56/. Appendix A is not reproduced here because it simply contains citations to the state and local standards, but it is published with the journal article.
Slides: Indigenous Water Justice In The Columbia River Basin, Barbara Cosens
Slides: Indigenous Water Justice In The Columbia River Basin, Barbara Cosens
Indigenous Water Justice Symposium (June 6)
Presenter: Barbara Cosens, Professor and Associate Dean of Faculty, University of Idaho College of Law, Waters of the West Interdisciplinary Program
17 slides
Newsroom: Goldstein On Militia Occupation, Roger Williams University School Of Law
Newsroom: Goldstein On Militia Occupation, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Improving Irrigation Water Uses For Agricultural And Environmental Benefits, Anne Castle, Amy Beattie, Zach Smith, Drew Peternell, Ted Kowalski
Improving Irrigation Water Uses For Agricultural And Environmental Benefits, Anne Castle, Amy Beattie, Zach Smith, Drew Peternell, Ted Kowalski
Books, Reports, and Studies
37 pages : color pictures, color maps.
Introduction -- Agricultural and environmental enhancements -- An ag and environmental enhancement program for Colorado -- Appendix A: Conservation case studies in Colorado -- Appendix B: Related Colorado water law -- Appendix C: Relevant laws from other states -- Appendix D: Legislative attempts to statutorily recognize conserved water -- Appendix E: The problem of vocabulary
A Closer Look At The Iras In State Automatic Enrollment Ira Programs, Kathryn L. Moore
A Closer Look At The Iras In State Automatic Enrollment Ira Programs, Kathryn L. Moore
Law Faculty Scholarly Articles
The United States faces a serious retirement savings funding gap. In an effort to fill that gap, a number of states and municipalities have begun to consider, and in some instances adopt, automatic enrollment IRA programs. Indeed, between September 2012 and June 2016, five states enacted state automatic enrollment IRA programs.
This Article takes a closer look at the IRAs in these state programs. It begins by providing an overview of the state laws creating automatic enrollment IRA programs. It then discusses the requirements that the state programs must satisfy in order to qualify as IRAs for purposes of the …
Cascadia Wildlands V. Bureau Of Indian Affairs, Hannah R. Seifert
Cascadia Wildlands V. Bureau Of Indian Affairs, Hannah R. Seifert
Public Land & Resources Law Review
Cascadia Wildlands v. Bureau of Indian Affairs exemplifies the discretion agencies enjoy when determining how to organize and present information in environmental assessments. In a case of first impression, the court relaxed the extent of analysis necessary to comply with NEPA by allowing reasonably foreseeable future projects to be aggregated with past projects. Additionally, the court permitted the BIA to circumvent the FWS’s Recovery Plan for the northern spotted owl by holding that the CRA was subject only to the standards and guidelines of federal forest plans, not specific recovery plans.
Slides: The Columbia River Treaty, Barbara Cosens
Slides: The Columbia River Treaty, Barbara Cosens
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Barbara Cosens, Professor, University of Idaho College of Law and Waters of the West Graduate Program
22 slides
Slides: Klamath Basin Agreements: Largest River Restoration Project In American History, Amy Cordalis
Slides: Klamath Basin Agreements: Largest River Restoration Project In American History, Amy Cordalis
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Amy Cordalis, Staff Attorney, Yurok Tribe
34 slides