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Articles 511 - 540 of 9228
Full-Text Articles in Entire DC Network
Geographic Gerrymandering, Benjamin Plener Cover
Geographic Gerrymandering, Benjamin Plener Cover
Articles
The leading measures of gerrymandering reflect a party-centric theory of representation based on the statewide relationship between seats and votes. But electoral districting, a traditional practice that still predominates, reflects a geographic theory of representation focused on the district-based relationship between a representative and her constituents. We propose a new approach to gerrymandering that takes electoral districting on its own terms and defines fairness geographically without reference to the seats-votes relationship. Scholars, courts, and mapmakers recognize the representational interests advanced by geographic criteria, such as preservation of local political boundaries. We ask whether an electoral map fairly distributes these benefits. …
Promises Made, Promises Broken: The Anatomy Of Idaho's School Funding Litigation, John E. Rumel
Promises Made, Promises Broken: The Anatomy Of Idaho's School Funding Litigation, John E. Rumel
Articles
This Article discusses the protracted Idaho Schools for Equal Educational Opportunity ("ISEEO") K-12 school funding litigation in Idaho - litigation initiated by plaintiffs under Idaho's state constitutional education clause in the early 1990s, which resulted in six reported decisions by the Idaho Supreme Court and two additional decisions in follow-on federal and state court cases and which, although leading to the state Supreme Court's affirming the trial court's determination that the Idaho legislature had failed to adequately fund public education under the thoroughness provision of the education clause, resulted in the state high court's dismissing the case without addressing the …
A Familiar Crossroads: Mcgirt V. Oklahoma And The Future Of The Federal Indian Law Canon, Dylan R. Hedden-Nicely
A Familiar Crossroads: Mcgirt V. Oklahoma And The Future Of The Federal Indian Law Canon, Dylan R. Hedden-Nicely
Articles
Federal Indian law forms part of the bedrock of American jurisprudence. Indeed, critical parts of the pre-civil war constitutional canon were defined in Federal Indian law cases that simultaneously provided legal justification for American westward expansion onto unceded Indian lands. As a result, Federal Indian law makes up an inextricable part of American rule of law. Despite its importance, Federal Indian law follows a long and circuitous road that requires "wander[ing] the maze of Indian statutes and case law tracing back [over] 100 years." That road has long oscillated between two poles, with the Supreme Court sometimes applying foundation principles …
Wealth Transfer Tax Planning After The Tax Cuts And Jobs Act, John A. Miller
Wealth Transfer Tax Planning After The Tax Cuts And Jobs Act, John A. Miller
Articles
On December 17, 2017, Congress passed the Tax Cuts and Jobs Act (TCJA). Among its many impacts, the TCJA increased the inflation-adjusted estate tax basic exclusion amount to $10,000,000 on a temporary basis. This has dramatic implications for many existing and future estate plans, including a major crossover impact on income tax planning. In this Article, we explain the operation of the federal wealth transfer taxes (the estate tax, the gift tax, and the generation skipping transfer tax) in the wake of the TCJA and dissect the basic tax planning techniques for wealth transmission. The overall design of this Article …
Labor Organization In Ride-Sharing: Unionization Or Cartelization?, Mark Anderson
Labor Organization In Ride-Sharing: Unionization Or Cartelization?, Mark Anderson
Articles
The sharing economy brings together the constituent parts of a business enterprise into a structure that, on its surface, resembles a business firm, but in crucial ways is nothing like the traditional firm. This includes the ownership of the primary capital assets used in the business, as well as one of the most fundamental features of a firm-the relationship with its labor force. Sharing economy workers are formally contractors, running small businesses as sole entrepreneurs, with the effect that they are excluded from many of the protections made available to workers across the economy. The result is a seeming disparity …
Governing Complexity: Integrating Science, Governance, And Law To Manage Accelerating Change In The Globalized Commons, Barbara Cosens
Governing Complexity: Integrating Science, Governance, And Law To Manage Accelerating Change In The Globalized Commons, Barbara Cosens
Articles
The speed and uncertainty of environmental change in the Anthropocene challenge the capacity of coevolving social–ecological–technological systems (SETs) to adapt or transform to these changes. Formal government and legal structures further constrain the adaptive capacity of our SETs. However, new, self-organized forms of adaptive governance are emerging at multiple scales in natural resource-based SETs. Adaptive governance involves the private and public sectors as well as formal and informal institutions, self-organized to fill governance gaps in the traditional roles of states. While new governance forms are emerging, they are not yet doing so rapidly enough to match the pace of environmental …
How Can A Departing Employee Misappropriate Their Own Creative Outputs?, Timothy Murphy
How Can A Departing Employee Misappropriate Their Own Creative Outputs?, Timothy Murphy
Articles
Partially due to the widespread use of employee confidentiality and invention assignment agreements, employers routinely take ownership of employee creative outputs and use trade secrets law to enforce those rights post-employment. This Article proposes that, with respect to employee creative outputs, the current status of trade secrets law is inconsistent with the modern workplace, including as significantly altered, maybe permanently, by the COVID-19 pandemic. Accordingly, the goal of this Article is to establish a mode of recognizing employee rights in their own creative outputs through a modification to the existing general skills and knowledge exclusion to explicitly recognize an employee's …
Building On The Legacy Of The University Of Idaho's Immigration Clinic During The Pandemic, Geoffrey Heeren
Building On The Legacy Of The University Of Idaho's Immigration Clinic During The Pandemic, Geoffrey Heeren
Articles
No abstract provided.
Narrowing Death Eligibility In Idaho: An Empirical And Constitutional Analysis, Aliza Plener Cover
Narrowing Death Eligibility In Idaho: An Empirical And Constitutional Analysis, Aliza Plener Cover
Articles
No abstract provided.
Work And Employment For Daca Recipients, Geoffrey Heeren
Work And Employment For Daca Recipients, Geoffrey Heeren
Articles
No abstract provided.
State V. Wilson Respondent's Brief Dckt. 47358
State V. Alvarenga-Lopez Respondent's Brief Dckt. 47914
State V. Alvarenga-Lopez Respondent's Brief Dckt. 47914
Idaho Supreme Court Records & Briefs, All
No abstract provided.
State V. Alvarenga-Lopez
Idaho Supreme Court Records & Briefs, All
No abstract provided.
State V. Daniels Respondent's Brief Dckt. 47481
State V. Best Appellant's Reply Brief Dckt. 47829
State V. Slater Appellant's Brief Dckt. 48133
Bedke V. Ellsworth Appellant's Reply Brief Dckt. 48268
Bedke V. Ellsworth Appellant's Reply Brief Dckt. 48268
Idaho Supreme Court Records & Briefs, All
No abstract provided.
State V. Spencer Appellant's Reply Brief Dckt. 47109
State V. Spencer Appellant's Reply Brief Dckt. 47109
Idaho Supreme Court Records & Briefs, All
No abstract provided.
Van Orden V. Van Orden Appellant's Brief Dckt. 47857
Van Orden V. Van Orden Appellant's Brief Dckt. 47857
Idaho Supreme Court Records & Briefs, All
No abstract provided.
State V. Zavala Appellant's Brief Dckt. 48094
State V. Garritson Appellant's Brief Dckt. 47868
Kesling V. State Appellant's Brief Dckt. 47797
State V. Couch Respondent's Brief Dckt. 47892
State V. Couch Respondent's Brief Dckt. 47892
Idaho Supreme Court Records & Briefs, All
No abstract provided.
State V. Lowder Respondent's Brief Dckt. 47763
Farms, Llc V. Isom Respondent's Brief Dckt. 48012
Farms, Llc V. Isom Respondent's Brief Dckt. 48012
Idaho Supreme Court Records & Briefs, All
No abstract provided.
Farms, Llc V. Isom Respondent's Brief Dckt. 48012
Farms, Llc V. Isom Respondent's Brief Dckt. 48012
Idaho Supreme Court Records & Briefs, All
No abstract provided.
State Of Idaho V. Rachel Elizabeth Luna Appellant's Brief Dckt. 47760
State Of Idaho V. Rachel Elizabeth Luna Appellant's Brief Dckt. 47760
Not Reported
No abstract provided.
Savage V. State Clerk's Record Dckt. 48338
Savage V. State Clerk's Record Dckt. 48338
Idaho Supreme Court Records & Briefs, All
No abstract provided.