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UIdaho Law

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Articles 1081 - 1110 of 9228

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Stae V. Oxford Appellant's Reply Brief Dckt. 46608 Jan 2020

Stae V. Oxford Appellant's Reply Brief Dckt. 46608

Idaho Supreme Court Records & Briefs, All

No abstract provided.


State V. Espinoza Respondent's Brief Dckt. 46160 Jan 2020

State V. Espinoza Respondent's Brief Dckt. 46160

Not Reported

No abstract provided.


In Re Order Certifying Question Respondent's Brief Dckt. 47536 Jan 2020

In Re Order Certifying Question Respondent's Brief Dckt. 47536

Idaho Supreme Court Records & Briefs, All

No abstract provided.


Griffiths V. Griffiths Appellant's Brief Dckt. 47099 Jan 2020

Griffiths V. Griffiths Appellant's Brief Dckt. 47099

Idaho Supreme Court Records & Briefs, All

No abstract provided.


State V. Gutierrez Appellant's Brief Dckt. 47089 Jan 2020

State V. Gutierrez Appellant's Brief Dckt. 47089

Idaho Supreme Court Records & Briefs, All

No abstract provided.


Coulston V. State Respondent's Brief Dckt. 46558 Jan 2020

Coulston V. State Respondent's Brief Dckt. 46558

Not Reported

No abstract provided.


State V. Erickson Respondent's Brief Dckt. 46793 Jan 2020

State V. Erickson Respondent's Brief Dckt. 46793

Not Reported

No abstract provided.


Cultural Linguistics And Treaty Language: A Modernized Approach To Interpreting Treaty Language To Capture The Tribe's Understanding, Barbara Cosens Jan 2020

Cultural Linguistics And Treaty Language: A Modernized Approach To Interpreting Treaty Language To Capture The Tribe's Understanding, Barbara Cosens

Articles

Language is a reflection of a thought world. A worldview that has been shaped by place to describe one's identity in space and time does not equate to species relatedness as a default to know one another. In the legal system of the United States, there is acknowledgement of treaties in colonized lands that there are rights granted from the tribes and not to them, and those rights are land-based. Yet, the Indigenous voice is dead before arrival, before it enters the room of science, justice, academe, or otherwise. The exclusion of Indigenous peoples at the table of knowledge and …


Rucho For Minimalists, Benjamin Plener Cover Jan 2020

Rucho For Minimalists, Benjamin Plener Cover

Articles

No abstract provided.


Indigenous Rights And Climate Change: The Influence Of Climate Change On The Quantification Of Reserved Instream Water Rights For American Indian Tribes, Dylan R. Hedden-Nicely Jan 2020

Indigenous Rights And Climate Change: The Influence Of Climate Change On The Quantification Of Reserved Instream Water Rights For American Indian Tribes, Dylan R. Hedden-Nicely

Articles

The people indigenous to the Western portion of the lands now referred to as North America have relied on aquatic species for physical, cultural, and spiritual sustenance for millennia. Such indigenous peoples, referred to in the American legal system as Indian tribes, are entitled to water rights for fish habitat pursuant to the Winters Doctrine, which holds that the federal government impliedly reserved water rights for tribes when reservations were created. Recently, the methodology for quantifying these rights has been the Instream Flow Incremental Methodology (IFIM) and/or one of its major components, the Physical Habitat Simulation Model (PHABSIM). These models …


Kidnapping Reconsidered: Courts Merger Tests Inadequately Remedy The Inequities Which Developed From Kidnapping's Sensationalized And Racialized History, Samuel P. Newton Jan 2020

Kidnapping Reconsidered: Courts Merger Tests Inadequately Remedy The Inequities Which Developed From Kidnapping's Sensationalized And Racialized History, Samuel P. Newton

Articles

No abstract provided.


Innovation In A Legal Vacuum: The Uncertain Legal Landscape For Shared Micro-Mobility, David Pimentel Jan 2020

Innovation In A Legal Vacuum: The Uncertain Legal Landscape For Shared Micro-Mobility, David Pimentel

Articles

The last few years have seen an explosion in the number and size shared of micro-mobility systems (“SMMS”) across the United States. Some of these systems have seen extraordinary success and the potential benefit of these systems to communities is considerable. However, SMMS have repeatedly ran into legal barriers that either prevent their implementation entirely, confuse and dissuade potential users, or otherwise limit SMMS’s potential positive impact. This paper reflects a detailed study of state laws relating to SMMS and the platforms commonly used in these systems. The study uncovered many inconsistencies with micro-mobility laws across the country. Currently, many …


Distancing Refugees, Geoffrey Heeren Jan 2020

Distancing Refugees, Geoffrey Heeren

Articles

Today, two systems exist for addressing the humanitarian claims of persons fleeing persecution. One system consists of refugees living in host countries, often in large camps, who ideally are then resettled in other countries or repatriated when it is safe to do so. The other system involves refugees arriving in a country and seeking asylum-a right with ancient religious roots. The first "encampment model" is fundamentally broken, as most refugees are housed in the developing or least developed world in terrible conditions for extended periods of time, with little or no realistic hope of resettlement elsewhere or repatriation. The developed …


Zealous Administration: The Deportation Bureaucracy, Geoffrey Heeren Jan 2020

Zealous Administration: The Deportation Bureaucracy, Geoffrey Heeren

Articles

An agency's culture shapes its lawmaking. Under certain conditions, agency culture dominates decision-making so strongly that it mutes the influence of those factors that administrative law scholars have traditionally focused on including presidential will, judicial oversight, internal resistance, and public opinion. We call this undertheorized phenomenon "zealous administration." The immigration enforcement bureaucracy has vast discretion to remove unauthorized immigrants from the United States. Current immigration policies-such as indiscriminate deportation, family separation, and harsh detention-represent the most prominent example of zealous administration in the federal government. This Article focuses on that bureaucracy to plumb the causes and effects of zealous administration …


Balancing Religious Liberties And Antidiscrimination Interests In The Public Employment Context: The Impact Of Masterpiece Cakeshop And American Legion, Brenda Bauges Jan 2020

Balancing Religious Liberties And Antidiscrimination Interests In The Public Employment Context: The Impact Of Masterpiece Cakeshop And American Legion, Brenda Bauges

Articles

No abstract provided.


Cultural Linguistics And Treaty Language: A Modernized Approach To Interpreting Treaty Language To Capture The Tribe's Understanding, Dylan R. Hedden-Nicely Jan 2020

Cultural Linguistics And Treaty Language: A Modernized Approach To Interpreting Treaty Language To Capture The Tribe's Understanding, Dylan R. Hedden-Nicely

Articles

Language is a reflection of a thought world. A worldview that has been shaped by place to describe one's identity in space and time does not equate to species relatedness as a default to know one another. In the legal system of the United States, there is acknowledgement of treaties in colonized lands that there are rights granted from the tribes and not to them, and those rights are land based. Yet, the Indigenous voice is dead before arrival, before it enters the room of science, justice, academe, or otherwise. The exclusion of Indigenous peoples at the table of knowledge …


The Blues And The Rule Of Law: Musical Expressions Of The Failure Of Justice, David Pimentel Jan 2020

The Blues And The Rule Of Law: Musical Expressions Of The Failure Of Justice, David Pimentel

Articles

No abstract provided.


An Instance Of Open Hardware: A Different Approach To Free And Open Source Hardware Licensing, Timothy Murphy Jan 2020

An Instance Of Open Hardware: A Different Approach To Free And Open Source Hardware Licensing, Timothy Murphy

Articles

As open source software ("OSS") has become more prevalent, and more widely accepted, many different OSS licenses have proliferated to provide different licensing constructs for licensors and licensees. The most popular OSS license is the GNU General Public License ("GPL"), which is protective of author rights and intended to foster an open software community. Because software source code and object code files are primarily protected by copyright, the options for license terms are relatively straightforward and well known. To the extent patent rights become an issue, various additional provisions have been proposed to address that issue in the context of …


Designing Law To Enable Adaptive Governance Of Modern Wicked Problems, Barbara Cosens Jan 2020

Designing Law To Enable Adaptive Governance Of Modern Wicked Problems, Barbara Cosens

Articles

In the twenty-first century, our planet is facing a period of rapid and fundamental change resulting from human domination so extensive it is expected to be visible in the geologic record. The accelerating rate of change compounds the global social-ecological challenges already deemed "wicked" due to conflicting goals and scientific uncertainty. Understanding how connected natural and human systems respond to change is essential to understanding the governance required to navigate these modern wicked problems. This Article views change through the lens of complexity and resilience theories to inform the challenges of governance in a world dominated by such massive and …


A Tribute To Don Burnett, Maureen Laflin Jan 2020

A Tribute To Don Burnett, Maureen Laflin

Articles

No abstract provided.


Shapeshifting Securities, Wendy Gerwick Couture Jan 2020

Shapeshifting Securities, Wendy Gerwick Couture

Articles

No abstract provided.


Beyond Abercrombie And Heffernan: Toward A Uniform Approach To Discrimination And Retaliation Claims Based On Misperception Theory In The Employment Context, John E. Rumel Jan 2020

Beyond Abercrombie And Heffernan: Toward A Uniform Approach To Discrimination And Retaliation Claims Based On Misperception Theory In The Employment Context, John E. Rumel

Articles

No abstract provided.


Neustadt V. Colafranceschi Appellant's Brief Dckt. 47201 Dec 2019

Neustadt V. Colafranceschi Appellant's Brief Dckt. 47201

Idaho Supreme Court Records & Briefs, All

No abstract provided.


Elsaesser V. Gibson Clerk's Record Dckt. 47687 Dec 2019

Elsaesser V. Gibson Clerk's Record Dckt. 47687

Idaho Supreme Court Records & Briefs, All

No abstract provided.


State V. Martin Respondent's Brief Dckt. 47170 Dec 2019

State V. Martin Respondent's Brief Dckt. 47170

Not Reported

No abstract provided.


Blaser, Oleson & Lloyd, Chtd. V. Cutler Appellant's Brief Dckt. 47303 Dec 2019

Blaser, Oleson & Lloyd, Chtd. V. Cutler Appellant's Brief Dckt. 47303

Not Reported

No abstract provided.


State V. Sarbacher Appellant's Brief Dckt. 47280 Dec 2019

State V. Sarbacher Appellant's Brief Dckt. 47280

Idaho Supreme Court Records & Briefs, All

No abstract provided.


State V. Dunne Respondent's Brief Dckt. 47031 Dec 2019

State V. Dunne Respondent's Brief Dckt. 47031

Idaho Supreme Court Records & Briefs, All

No abstract provided.


State V. Gomez-Alas Respondent's Brief Dckt. 46724 Dec 2019

State V. Gomez-Alas Respondent's Brief Dckt. 46724

Idaho Supreme Court Records & Briefs, All

No abstract provided.


Bennett V. Bank Of Eastern Oregon Appellant's Brief Dckt. 47346 Dec 2019

Bennett V. Bank Of Eastern Oregon Appellant's Brief Dckt. 47346

Idaho Supreme Court Records & Briefs, All

No abstract provided.