Digital Commons Network^™

Cheap Talk, Deepfakes, Epistemic Injustice, False Light, And Free Speech, Cosim Sayid

Idaho Law Review

Defamation is a more or less effective tool in tort law to stop damage to one’s reputation, which can be grievous and even lead to a death of despair, but its scope is limited to content that’s literally false. Much reputational harm does not proceed via literally false content; it is a matter of images or what’s implied. Against this opponent an effective False Light tort is of much use when properly understood as a reputational—rather than privacy—tort. False Light can be wielded against conversational implicature as well as deepfakes. It fulfills our moral imperative to not succumb to cheap …

Great Crypto Vanishing Act: Illusory Contracts And The Economic Loss Rule, Henry H. Perritt Jr.

Idaho Law Review

Cryptocurrencies have gained respectability with enactment of the federal GENIUS Act, which lays a regulatory foundation for the safest type of cryptocurrency, stablecoins, while leaving significant uncertainty with respect to unbacked crypto assets like Bitcoin and other cryptomoney and crypto investments that do not come within the GENUIS Act’s scope. The vulnerability of cryptocurrencies to wild fluctuations in value and to outright collapse are legion. The GENIUS Act may tame some actors who choose to operate within its framework, but many questions remain.

Legal remedies available to victims of cryptocurrency mishaps, from exchange collapses to issuer fraud, depend heavily on …

Child Protection Across Cultural Borders: Is Child Neglect Culture-Specific? Should It Be?, David Pimentel, Meeka C. Woods

Idaho Law Review

No abstract provided.

What's The Matter With Lozada: How The Board Of Immigration Appeals Coerces Immigration Lawyers To Breach Legal Ethics, Kari E. Hong

Idaho Law Review

In general, if an attorney makes a mistake, they can cure it by notifying the forum and filing the appropriate remedy. Immigration law, by contrast, stands alone by requiring the client (or a new attorney) to corroborate any mistake by filing a bar complaint against the first attorney. This requirement was established in a 1988 case, called Matter of Lozada. Much has been written on how the Lozada rule is unnecessary (a mistake does not need to be corroborated by a bar complaint and state bars are complaining about a deluge of unnecessary complaints for negligence) and harms the immigration …

Federalism, Family Unity, And Keeping Families Together, Kristina M. Campbell

Idaho Law Review

No abstract provided.

From Stigma To Statute: A Historical And Legal Comparative Analysis Of Involuntary Commitment Laws In Idaho, Jessica Cambron

Idaho Law Review

A lesser-known area of law in Idaho concerns the involuntary civil commitment process, a process by which thousands of people per year are committed to hospitals around the state. These laws, specifically in Idaho, govern the criteria which must be met for a person to be placed on an involuntary hold, detained in a hospital setting awaiting proceedings, or potentially committed.

Understanding the evolution of mental illness and the role of involuntary commitment – including successes, failures, and challenges – is essential to navigating reform. This Comment provides a brief history of mental illness, including key cultural events and cases …

Preserving Rural School Districts From The Threat Of Vouchers And Charters, Preston C. Green Iii

Idaho Law Review

School vouchers and charter schools are primed to grow at a time when public school systems are experiencing a precipitous decline in enrollment. Unfortunately, for many rural school districts, this challenging environment may endanger their very existence, to the detriment of the students and the communities they serve. To guard against this potential harm, this article calls for state legislatures to designate certain classes of rural districts as “education preserves.” This article also explains how states can create education preserves in a manner that can withstand Free Exercise Clause challenges.

What's The Matter With Lozada: How The Board Of Immigration Appeals Coerces Immigration Lawyers To Breach Legal Ethics, Kari E. Hong

Articles

In general, if an attorney makes a mistake, they can cure it by notifying the forum and filing the appropriate remedy. Immigration law, by contrast, stands alone by requiring the client (or a new attorney) to corroborate any mistake by filing a bar complaint against the first attorney. This requirement was established in a 1988 case, called Matter of Lozada. Much has been written on how the Lozada rule is unnecessary (a mistake does not need to be corroborated by a bar complaint and state bars are complaining about a deluge of unnecessary complaints for negligence) and harms the immigration …

Examining Idaho’S Election Laws: Strict Standards And The Critical Role Of Context In State Election Systems, Mitchell Lange

Idaho Law Review

Recent attention to elections has brought a wave of new voting laws throughout the U.S., and now, to Idaho. Despite presenting no evidence of voter fraud, the Idaho Legislature eliminated student ID cards and limited the types of proof of residency documents that may be used to prove eligibility to vote. These laws together have created significant burdens on groups like voters experiencing homelessness and students, without providing effective alternatives.

This Comment examines Idaho’s new voting laws and compares the overall state of Idaho’s election law to those of other states with similar restrictions. Now, Idaho has some of the …

Presiding Over A Legal Desert: The Disappearance Of The Rural Attorney, Emilio J. Chavez

Idaho Law Review

No abstract provided.

The Impact Of Counterman V. Colorado On Stalking Prosecutions In Idaho, Stephanie Wodnik

Idaho Law Review

This Note reflects on the recent United States Supreme Court decision in Counterman v. Colorado, which held that in order to find liability for true threat crimes the state or plaintiff must prove the defendant’s subjective intent to threaten the recipient. The holding creates a new, additional burden on the movant to prove intent, where before, the majority of state and circuit courts only required an objective, reasonable person standard to prove intent in true threat cases. Idaho, being one of the states that previously used a reasonable person standard in prosecuting true threats, is affected by this holding …

Nevadaware Divergence In Corporate Law, Wendy G. Couture

Articles

The differences between Nevada and Delaware corporate law - which I call "Nevadaware divergence" - are the subject of media attention, scholarly critique, and current litigation. Nevada corporate law has a reputation as being a no-liability Zone where officers and directors are free to defraud stockholders without consequences. My goal in this article is to inform a more fulsome understanding of Nevada corporate law, both substantively and theoretically, as compared to Delaware corporate law). Starting with the premise that Nevada corporate law is more nuanced than common wisdom suggests, I highlight Nevadaware divergence - not only about substantive corporate law-but …

Strategically Restated Defaults, Wendy G. Couture

Articles

Business and commercial statutes are composed almost entirely of default rules, which parties may override via agreement or adopt via silence. Drafters of these statutes, and theories about the substance of default rules, assume that parties indeed adopt statutory default rules via silence. Against this backdrop, this Article examines unexpected behavior by parties to business and commercial agreements: parties often restate statutory default rules in their agreements rather than adopting those rules via silence. Based on a review of actual limited partnership agreements and security agreements, this Article identifies five unique species of restatement-bald, tweak, refill, baseline, and context restatements-and …

Greenfield Family Trust V. Olive Fountain Land Company Llc Appellant's Brief Dckt. 48538

Idaho Supreme Court Records & Briefs, All

No abstract provided.

Rule 11 Is No Match For Generative Al, Jessica Gunder

Articles

In a series of high-profile ethics debacles, attorneys who used generative Al technology found themselves in hot water after they negligently relied on fictitious cases and false statements of law crafted by the technology. These attorneys mistakenly relied upon the output they received from a generative Al product without verifying and validating that output. Their embarrassing ethical breaches made national news, and spurred judges to implement standing orders that require attorneys to disclose their use of Al technology. Scholars were quick to criticize these standing orders' and the standing orders are rife with problems. But are they needed? Or are …

Why Can't I Have A Robot Lawyer? Limits On The Right To Appear Pro Se, Jessica Gunder

Articles

Some rights are more favored-and some rights are more disfavored than others. The right to self-representation is a disfavored right Despite its historic roots, the right has been subjected to judicially imposed limits that have reduced its scope. The limits on the right to self-representation include restrictions on the type of litigant that can avail themselves of the right, bars regarding the personal characteristics of litigants, barriers on the types of assistance a pro se litigant may receive, and procedural limitations on how a litigant may invoke the right. This Article is the first to study these established limitations on …

Respectfully, I Dissent: Easterling V. Hal Pac Properties, L.P. And Making A Mess Of Idaho Real Property Law, Jerrold A. Long

Idaho Law Review

No abstract provided.

Dobbs: A Powerful Opinion With Discrete Weaknesses, Gader Wren

Idaho Law Review

No abstract provided.

Where Registered And Unregistered Securities Are Commingled In A Direct Listing, Does A Purchaser Have Statutory Standing To Assert Securities Act Claims For A Misleading Registration Statement?, Wendy G. Couture

Articles

The Court will consider statutory standing to assert claims under Sections 11 and 12(a)(2) of the Securities Act of 1933 for alleged misrepresentations in a registration statement and the prospectus contained therein. This case raises this issue in a new factual scenario—a direct listing where registered and unregistered securities were offered to the public simultaneously—but the impacts of the Court’s ruling will potentially extend to traditionally underwritten public offerings of securities.

Brief Of Tribal Nations And Indian Organizations As Amici Curiae In Support Of The Navajo Nation, Dylan R. Hedden-Nicely

Articles

No abstract provided.

Will Housing Become The Inflection Point For Realignment Of State Land Use Structures, Edward J. Sullivan

Idaho Law Review

No abstract provided.

Can America’S Fastest-Growing City Save Itself? Property Rights And The Planning Ethic In Boise, Idaho, Stephen R. Miller

Idaho Law Review

No abstract provided.

Memorizing Trade Secrets, Timothy Murphy

Articles

The earliest trade secret cases recognized that remembered information raised unique issues in trade secret misappropriation claims. However, courts struggled with exactly how to address remembered information, as opposed to information taken in tangible form. The modern trend, according to one case from the Washington Supreme Court, is to ignore the distinction and treat remembered information the same as information taken in tangible form for purposes of trade secret misappropriation claims. However, this case may have prematurely signaled the demise of remembered information's relevance to a trade secret claim. Particularly during the pandemic era, where increased employee mobility is placing …

Has The Idaho Supreme Court Wrongly Limited Wrongful Discharge In Contravention Of Public Policy Claims?, John E. Rumel

Articles

No abstract provided.

Nonconsensual Deepfakes: Detecting And Regulating The Rising Threat To Privacy, Natalie Lussier

Idaho Law Review

No abstract provided.

Idaho’S Llc Act: Oral Operating Agreements And The Statute Of Frauds, Marcus H. Waterman

Idaho Law Review

No abstract provided.

Third Time’S A Charm: The Case For Ban The Box Legislation In Idaho, Alaina Heuring

Idaho Law Review

No abstract provided.

Territorial Constitutional Law, Anthony M. Ciolli

Idaho Law Review

No abstract provided.

Idaho Public Land Access: Amending Road Laws To Ensure Public Land Remains Accessible, Jillian Greene

Idaho Law Review

No abstract provided.

Natural Resource Policy And Collaborative Processes, Crystal M. Callahan, Katherine E. Himes

Idaho Law Review

No abstract provided.