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Articles 301 - 330 of 9228
Full-Text Articles in Entire DC Network
State V. Mcdermott Clerk's Record 1 Dckt. 47642
State V. Mcdermott Clerk's Record 1 Dckt. 47642
Idaho Supreme Court Records & Briefs, All
No abstract provided.
Christiansen V. Potlatch #1 Financial Credit Union Appellant's Reply Brief Dckt. 48256
Christiansen V. Potlatch #1 Financial Credit Union Appellant's Reply Brief Dckt. 48256
Idaho Supreme Court Records & Briefs, All
No abstract provided.
Dunlap V. State Appellant's Reply Brief Dckt. 47179
Dunlap V. State Appellant's Reply Brief Dckt. 47179
Idaho Supreme Court Records & Briefs, All
No abstract provided.
Christiansen V. Potlatch #1 Financial Credit Union Appellant's Reply Brief Dckt. 48256
Christiansen V. Potlatch #1 Financial Credit Union Appellant's Reply Brief Dckt. 48256
Idaho Supreme Court Records & Briefs, All
No abstract provided.
Federalism Of The Highest Caliber: Counteractive Legislation And The Idaho Firearms Freedom Act, Audrey G. Thorne
Federalism Of The Highest Caliber: Counteractive Legislation And The Idaho Firearms Freedom Act, Audrey G. Thorne
Idaho Law Review
Counteractive legislation is a phenomenon that has been prevalent throughout almost the entirety of U.S. history. The Idaho Firearms Freedom Act, passed in 2010, provides a unique opportunity to survey one piece of counteractive legislation from start to finish. The continued presence of this law in Idaho has the potential to result in detrimental reliance by citizens who believe they are lawfully exercising their right to bear arms, despite being in violation of federal law. This comment provides a close look at the Idaho Firearms Freedom Act and examines the history of counteractive legislation in Idaho and at the national …
Too Open For Business? Strengthening Long-Term Protections For Federal Lands, Rachel Richman, Candace Wang
Too Open For Business? Strengthening Long-Term Protections For Federal Lands, Rachel Richman, Candace Wang
Idaho Law Review
No abstract provided.
The Constitutional Limits On Custodial And Support Parentage By Consent, Jeffrey A. Parness
The Constitutional Limits On Custodial And Support Parentage By Consent, Jeffrey A. Parness
Idaho Law Review
Prompted by the National Conference of Commissioners on Uniform State Laws through its Uniform Parentage Acts, and by the American Law Institute through its Family Dissolution Principles and its Restatement Draft on Children and the Law, recently U.S. state legislators and judges have spurred a revolution in parentage laws. In particular, lawmakers have expanded parental custody opportunities and parental support obligations for those without biological (actual or presumed) or formal adoptive ties by recognizing ever-increasing forms of legal parentage by consent. Lawmakers have revolutionized parentage in some startling ways, as by deeming women to be parents under written paternity laws …
Abstract Ideas: The Time Has Come For Congress To Address The Patentability Of Software And Business Method Invention, Tanner Mort
Abstract Ideas: The Time Has Come For Congress To Address The Patentability Of Software And Business Method Invention, Tanner Mort
Idaho Law Review
What is an abstract idea? Is it merely an idea that cannot exist in concrete form? Or is there more to it? The term “abstract” is generally defined as “existing in thought or as an idea but not having a physical or concrete existence.” If this is the correct definition, then how can something physical be abstract? For almost five years now, the United States Patent and Trademark Office (USPTO), the courts, and even some of the most experienced patent practitioners have wrestled with this question. On June 19, 2014, the United States Supreme Court handed down its decision in …
Ghastly Signs And Tokens: A Constitutional Challenge To Solitary Confinement, Christopher Logel
Ghastly Signs And Tokens: A Constitutional Challenge To Solitary Confinement, Christopher Logel
Idaho Law Review
Since its popular reemergence in the 1980s, courts have not placed significant restrictions on the use of solitary confinement. One small exception has appeared. Lower courts have held that placing prisoners with preexisting severe mental illness in solitary confinement violates the Cruel and Unusual Punishment Clause.1 Can this relatively limited rule be expanded to abolish solitary confinement altogether? This Comment argues that it can. A large body of diverse research demonstrates that prolonged solitary confinement causes severe mental illness in most prisoners, regardless of their medical history.2 By extension, because there is no principled basis for distinguishing between preexisting and …
The Implied Cause Of Action For Damages Under The Idaho Constitution, Michael Bowers
The Implied Cause Of Action For Damages Under The Idaho Constitution, Michael Bowers
Idaho Law Review
No abstract provided.
Native American Representation: What The Future Holds, Emily Rong Zhang
Native American Representation: What The Future Holds, Emily Rong Zhang
Idaho Law Review
No abstract provided.
American Muslims: The Untouchables Of American Constitutional Democracy?, Sohail Wahedi
American Muslims: The Untouchables Of American Constitutional Democracy?, Sohail Wahedi
Idaho Law Review
This article is about the future of Muslims in the American constitutional democracy. How this future will look like depends highly on how the dominant majority as well as those sitting in the political, executive and judicial branches of power will deal with the emergence of Islamophobia. This article explores the roots of American fear of Muslims and their faith and reflects on what Islamophobia and its reinforcement bring for the future of American democracy. This article contends that the American anxiety about Islam will create huge disparities and advance a political agenda tainted with animus toward Muslims. This insidious …
Fair Reforms For Idaho’S Reapportionment Commission, Danielle M. Strollo
Fair Reforms For Idaho’S Reapportionment Commission, Danielle M. Strollo
Idaho Law Review
Every ten years, an ugly partisan battle embroils the union—not over policy proposals or the “people’s business,” but instead over who votes for whom in a changing nation. This process is called redistricting. Redistricting is a fraught process, complicated by unequal population growth and constrained by legal requirements. Each state’s method has problems. But when viewed more broadly, Idaho’s commission is worth preserving, if with a few tweaks. In Section One, this paper will provide the historical legal context for Idaho’s current redistricting commission, identify what went wrong (and did not) with prior commissions, and explain proposed changes. Section Two …
Fighting Election Hackers And Trolls On Their Own Turf: Defending Forward In Cyberspace, Jonathan K. Sawmiller
Fighting Election Hackers And Trolls On Their Own Turf: Defending Forward In Cyberspace, Jonathan K. Sawmiller
Idaho Law Review
No abstract provided.
What Are We Afraid Of? Three Suggestions For Maximizing Voter Participation, Thomas Prohaska
What Are We Afraid Of? Three Suggestions For Maximizing Voter Participation, Thomas Prohaska
Idaho Law Review
No abstract provided.
The Balk Stops Here: Standards For The Justiciability Of Gerrymandering In The Coming Age Of Artificial Intelligence, Douglas Rudeen
The Balk Stops Here: Standards For The Justiciability Of Gerrymandering In The Coming Age Of Artificial Intelligence, Douglas Rudeen
Idaho Law Review
At the time of this writing, the Supreme Court seems to have abandoned establishing an objective test for drawing nonpartisan districts altogether—leaving this task largely to state-level courts and legislatures in the aftermath of Rucho v. Common Cause.1 Many have seen this deferment to the states as the latest in a series of unsatisfactory ‘balks,’ and have openly wondered what redistricting laws will look like in the next several years as a result of the Court’s general refusal to intervene in this area outside of Voting Rights Act2 litigation. This paper will argue that there is at least one foreseeable …
The Electoral College: A Bright Future In A Dynamic Political Landscape, Paul Leoni, Douglas Pierce
The Electoral College: A Bright Future In A Dynamic Political Landscape, Paul Leoni, Douglas Pierce
Idaho Law Review
No abstract provided.
American Democracy In The 21st Century: A Retrospective, David O'Brien, Pam Keller
American Democracy In The 21st Century: A Retrospective, David O'Brien, Pam Keller
Idaho Law Review
No abstract provided.
Tribal Opt-In To The Voting Rights Act: Strengthening Sovereignty To Resist Native Voter Suppression, Hayden Marotz
Tribal Opt-In To The Voting Rights Act: Strengthening Sovereignty To Resist Native Voter Suppression, Hayden Marotz
Idaho Law Review
No abstract provided.
Electoral Structure Matters: Fixing The Creaks And Cracks In The Constitution By Its Quarter Millennium, Rick Larue
Electoral Structure Matters: Fixing The Creaks And Cracks In The Constitution By Its Quarter Millennium, Rick Larue
Idaho Law Review
Our nation’s constitutionally prescribed governing structure has original problems (the Electoral College) and those that have developed over time (excessively long congressional tenures and, for the presidency, biased reelection timing and unequally productive terms that are equal in length). Repairing the erosion in any one or all three of these components by the Constitution’s 250th anniversary in 2037 constitutes a workable civic engineering timeframe. This article reviews the context for constitutional change; presents the Electoral College’s primary failings; identifies three objectives for its replacement (delivering majority outcomes, providing meaningful roles to states, and broadening the structural focus for such change); …
The Future Of Voting Reform With Blockchain Technology, Agnes Beatrice Gambill
The Future Of Voting Reform With Blockchain Technology, Agnes Beatrice Gambill
Idaho Law Review
No abstract provided.
The Small Margins Problem: How Abolishing The Electoral College Could Create A Future Election Crisis, Anthony J. Gaughan
The Small Margins Problem: How Abolishing The Electoral College Could Create A Future Election Crisis, Anthony J. Gaughan
Idaho Law Review
No abstract provided.
Resurrecting The Nineteenth Amendment: Why Strict Voter Id Laws Unconstitutionally Discriminate Against Transgender Voters, Nicole R. Gabriel
Resurrecting The Nineteenth Amendment: Why Strict Voter Id Laws Unconstitutionally Discriminate Against Transgender Voters, Nicole R. Gabriel
Idaho Law Review
With the fall of the coverage formula of the Voting Rights Act, many states are quickly passing strict voter identification laws. While most of the litigation surrounding the new laws are racial challenges, these stricter voter identification laws are also affecting another minority group: transgender Americans. This paper questions the constitutionality of these new laws: while the traditional legal framework fails to adequately protect transgender Americans, the Nineteenth Amendment provides additional protections. This paper concludes that, under this Nineteenth Amendment approach, strict voter identification laws unconstitutionally discriminate against transgender Americans on the basis of sex.
Out Of Mind, Out Of Sight: Voting Restrictions Based On Mental Competency, Naomi Doraisamy
Out Of Mind, Out Of Sight: Voting Restrictions Based On Mental Competency, Naomi Doraisamy
Idaho Law Review
A vast majority of states allow for the right to vote to be stripped based on an individual’s mental status. However, the United States Constitution largely leaves voting qualifications to the states, so in practical effect the right to vote is largely determined by mental competency standards that vary between states. In this essay, I explore why mental competency voting restrictions persist, given the historical trend toward expanding the vote to vulnerable populations. Further, I question the “fraud prevention” justification for disenfranchisement based on mental status, given mixed reports on the actual prevalence of voter fraud. I conclude that the …
The Misguided Rejection Of Fusion Voting By State Legislatures And The Supreme Court, Lynn Adelman
The Misguided Rejection Of Fusion Voting By State Legislatures And The Supreme Court, Lynn Adelman
Idaho Law Review
No abstract provided.
Dale Goble As A Builder Of Bridges, J. Michael Scott, Beatrice Van Horne, John A. Wiens
Dale Goble As A Builder Of Bridges, J. Michael Scott, Beatrice Van Horne, John A. Wiens
Idaho Law Review
Ecological scientists and legal scholars think and talk in different ways. The “gulf of mutual incomprehension” that results can impede efforts to address shared problems. Dale Goble bridged this gulf by teaming with ecologists to interpret the Endangered Species Act and develop the concept of conservation-reliant species—species that require ongoing, long-term management to address the factors that threaten them. Most imperiled species are conservation reliant and conservation resources are limited. Meeting the long-term needs of conservation-reliant species will require the blending of ecological science, societal context, and law that Dale Goble has long promoted.
Conservation-Reliant Species As A Boundary Object For Interdisciplinary Engagements, Melinda Morgan
Conservation-Reliant Species As A Boundary Object For Interdisciplinary Engagements, Melinda Morgan
Idaho Law Review
No abstract provided.
Dale Goble: A “Significant” Contributor To Endangered Species Act Scholarship, Carmen Thomas Morse
Dale Goble: A “Significant” Contributor To Endangered Species Act Scholarship, Carmen Thomas Morse
Idaho Law Review
No abstract provided.
Landscape Conservation, Wildlife Management, And The Federal Public Lands: A Primer, Robert B. Keiter
Landscape Conservation, Wildlife Management, And The Federal Public Lands: A Primer, Robert B. Keiter
Idaho Law Review
No abstract provided.