Digital Commons Network^™

The End-Of-Life Option Most People Don’T Know About: Is It Legal?, Pamela Bucy Pierson

Idaho Law Review

This article is about an end-of-life option that many people have not heard of: Voluntary Stopping Eating and Drinking (VSED). With VSED, a person deliberately ceases intake of food and fluid to hasten their death. VSED is a peaceful, pain-free end-of-life option chosen by an increasing number of individuals in their last chapter of life who are suffering from chronic, incurable, progressively debilitating diseases. While there is considerable scholarship on the lawfulness of VSED, there is confusion in the existing literature on whether VSED is suicide, and on the related question whether individuals who provide comfort and care to VSED …

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 …

The Federal Rules Of Evidence And Adjudicating Truth To Power, Susan H. Bitensky

Idaho Law Review

No abstract provided.

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

Idaho Law Review

No abstract provided.

Intercountry Adoptions In South Africa And Uganda: Do Different Contracting Statuses Relative To The Hague Convention Matter?, Joseph Isanga

Idaho Law Review

No abstract provided.

Marriage Jurisdiction Under European Union Law: Cross-Border Recognition Of Ecclesiastical Decisions, Carmen Garcimartín

Idaho Law Review

No abstract provided.

Flexibility And Resistance Of Family Law In France And Other European Countries In The Context Of The Internationalization Of The Family And Of Family Law, Sylwia Castillo-Wyszogrodzka

Idaho Law Review

The international mobility of individuals requires legal orders to adjust their jurisprudence and legal practice. The evolution of family law oscillates between internationalization and protection of national identity. This phenomenon is particularly striking in Europe, where individuals enjoy the right to move and reside freely within the European Union and where family law is influenced by the European Court of Human Rights and the Court of Justice of the European Union.

The state reduces its authority to comply with new requirements and gives individuals more power to create their own family bonds. Many questions arise around the legal recognition of …

Idaho Law Review 62.2

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 …

Executive Clemency And Immigration Federalism: Reconsidering Presidential Power Over Deportation Orders, R. Linus Chan

Idaho Law Review

No abstract provided.

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

Idaho Law Review

No abstract provided.

Immigration Federalism In The Second Trump Administration, Stella Burch Elias

Idaho Law Review

This Article explores the ongoing transformation of state and local engagement in immigration-related rulemaking in the United States during the Second Trump Administration. The Article examines the myriad ways in which federal executive actions and state responses to those actions, alongside independent state actions and the federal government’s responses to those actions, are upending long established immigration law doctrines and shifting the borders of American federalism. The Article discusses legal scholars’ previous understanding of immigration federalism, embodied in United States v. Arizona, and the prior distinctions between permissible “alienage” laws and impermissible “immigration” laws, which could not be introduced by …

A Case For Idaho And Other Western States Owning Their Own Land, Alisha Urrutia

Idaho Law Review

Idaho and other states in the western United States have struggled with federal ownership and management of public lands for decades. Since 1976, when the Federal Land Management and Policy Act was enacted and the Homestead Act was repealed, states in the west have challenged the constitutionality and legal authority of the BLM to hold onto and manage western lands in a myriad of ways. This article discusses some of the most recent challenges to this system, including a lawsuit filed by the State of Utah in August of 2024. This article expands on these challenges, citing legal and political …

Facing The Accused: The Confrontation Clause And Protecting Child Victims Of Sexual Abuse, Raquel Pearson

Idaho Law Review

The Sixth Amendment’s Confrontation Clause provides individuals the right to confront witnesses testifying against them. For decades, Idaho case law has grappled with the delicate balance between protecting victims of sexual assault and upholding defendants’ rights to cross examine their accusers. This delicate balance is further exacerbated when sexual assault cases involve minors, particularly in deciding whether victim statements implicate the Confrontation Clause. The Idaho Supreme Court considers the totality of the circumstances when evaluating whether a defendant’s right to confront a witness has been violated, but the standard for when the Clause is triggered remains unclear.

This Note seeks …

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.

Engineered For Surveillance: Public Safety, Roadway Science, And The Fourth Amendment, Trayce Hockstad, Steven Jones

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

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 …

Immigration Federalism In The Second Trump Administration, Stella Burch Elias

Articles

This Article explores the ongoing transformation of state and local engagement in immigration-related rulemaking in the United States during the Second Trump Administration. The Article examines the myriad ways in which federal executive actions and state responses to those actions, alongside independent state actions and the federal government’s responses to those actions, are upending longestablished immigration law doctrines and shifting the borders of American federalism. The Article discusses legal scholars’ previous understanding of immigration federalism, embodied in United States v. Arizona, and the prior distinctions between permissible “alienage” laws and impermissible “immigration” laws, which could not be introduced by state …

I'Ve Been Here Before: My Second Run Of "The First 100 Days", Vanessa Montoya

Articles

No abstract provided.

Executive Clemency And Immigration Federalism: Reconsidering Presidential Power Over Deportation, Linus Chan, Lauren Butler, Emma Wittmer

Articles

No abstract provided.

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

Articles

No abstract provided.

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 …

The Potential Intercontinental Railway Between Siberia And Alaska And Its Implications For Alaska Native Corporations And Federally Recognized Tribes, James S. Segee-Wright, Gavin M. Ratcliffe, Douglas Paul Thompson

Idaho Law Review

This article argues that if the U.S. government wished to construct an intercontinental railway between Siberia and Alaska, then the directly impacted Alaska Native Corporations (ANCs) and federally recognized Tribes nearby would need to first consent to and authorize the construction. After the Alaska Native Claims Settlement Act in 1971, ANCs own Native land in Alaska, while federally recognized Tribes have no reservations in Alaska (with one exception) and almost no legal claims to the title of the land. ANCs and federally recognized Tribes are also distinct entities with occasionally differing interests. Construction managers might be tempted to receive consent …

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

Idaho Law Review

No abstract provided.

Child Rape And The Death Penalty, Rosemary Ardman

Idaho Law Review

The act of rape on an eight-year-old body is a matter of the needle giving because the camel can’t. The child gives, because the body can, and the mind of the violator cannot.

- Maya Angelou

In May 2023, Florida authorized the death penalty for the sexual battery of a child under twelve. This policy quickly sparked a wave of similar legislation. Tennessee capitalized child rape in May 2024, followed by Idaho in March 2025. These laws—passed with strong bipartisan support in each state—challenge the Supreme Court to overrule Kennedy v. Louisiana, a controversial 2008 decision holding that the …

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 …

Human Trafficking In Idaho: A Growing Issue And How Idaho Law Can Be More Effective, Blaykleigh Smythe

Idaho Law Review

Human trafficking has been a national problem since the beginning of the nation’s history and has created millions of victims and threatened the safety and freedom of our country. Since 2000, when the first comprehensive federal law to address human trafficking was passed, states have followed suit and passed their own versions of trafficking statutes. Many states have also recognized the growth of the problem and reformed their legislation to respond and provide resources for victims more effectively. This article discusses the importance of state legislation against human trafficking and analyzes Idaho’s own statute in comparison to other states. The …

We Can Protect The “Waters Of The United States” As Long As They Stay Out Of The Hydrological Cycle, Victoria Sutton

Idaho Law Review

The water cycle, including its oceans, surface water, wetlands, water vapor, clouds and groundwater, has resulted in a patchwork of statutes and regulations that fail to comprehensively protect the “waters of the United States.” This is not a simple "fix," and requires Congressional positivism rather than decades of relying on the judicial branch to resolve statutes that are ultimately not designed for true water protection. It is Congress’s role to resolve the wetlands protection issue, and it has avoided the responsibility probably for lack of a good solution. It would likely take a Constitutional amendment to bring the hydrologic cycle …