Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 13 of 13
Full-Text Articles in Law
Peyote Crisis Confronting Modern Indigenous Peoples: The Declining Peyote Population And A Demand For Conservation, James D. Muneta
Peyote Crisis Confronting Modern Indigenous Peoples: The Declining Peyote Population And A Demand For Conservation, James D. Muneta
American Indian Law Journal
Once abundant, the wild growing peyote cactus plants in Texas and Mexico are being drastically reduced and becoming scarce. Peyote, a slow growing cactus contains the hallucinogenic drug mescaline, is a sacred sacrament used in the Native Americans Church (NAC). It is also used religiously by various Indian tribes throughout the country of Mexico. Although peyote is classified as a controlled substance under federal and state laws, U.S. Congress granted NAC members a “peyote exemption” pursuant to the American Indian Religious Freedom Act to legally use peyote for religious purposes. In U.S. v. Boyll, the federal district court interpreted the …
Responsible Energy Storage For A Renewable Electrical Grid, Matt Longacre
Responsible Energy Storage For A Renewable Electrical Grid, Matt Longacre
Seattle Journal of Technology, Environmental, & Innovation Law
The United States economy, its national security, and even the health and safety of its citizens depend on reliably available electricity. Electricity is largely available through the grid – more than 9,200 generating units, capable of generating more than one terawatt of electricity, connected to more than 600,000 miles of wire. The grid extends to nearly everything: from charging cellphones to cellphone towers, from light emitting diodes to street lights, and from parking meters to electric cars; the grid has become ubiquitous.
The current grid infrastructure has been valued at two trillion dollars, but much of it is aging to …
The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr.
The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr.
Seattle Journal of Technology, Environmental, & Innovation Law
In 1954, when historically significant clays and clay pots were found in the Iba district of Shizuoka prefecture, the city applied to the prefectural education committee for a historic site designation. The committee granted this designation to the city..
However, in 1973 the education committee lifted its permission to promote development around the location. Historians have sought revocation of this decision under the Administrative Case Litigation Act (ACLA), but the Supreme Court has denied standing. By denying standing, the Japanese Supreme Court allows the prefecture to destroy a historical site.
First, this paper seeks to discuss the doctrine of standing …
Proposed Federal Osha Standards For Wildfire Smoke, Keenan Layton
Proposed Federal Osha Standards For Wildfire Smoke, Keenan Layton
Seattle Journal of Technology, Environmental, & Innovation Law
With the rise of global temperatures, climatologists predict a corresponding increase in the frequency and severity of wildfires in the Pacific Northwest. Rising temperatures are expected to create drier conditions in forests, thereby creating environmental conditions more prone to forest fires. Wildfires have become a common enough occurrence in the Pacific Northwest that summers have become synonymous with smoky conditions, but the issue is not constrained to this region. Though the Pacific Northwest has recently acted as a harbinger of increasing wildfires, environmental scientists forecast an increase in fire risk throughout the Western United States. The predicted rise in forest …
“Public Use” Or Public Abuse? A New Test For Public Use In Light Of Kelo, Taylor Haines
“Public Use” Or Public Abuse? A New Test For Public Use In Light Of Kelo, Taylor Haines
Seattle University Law Review
The Takings Clause of the Fifth Amendment has long been controversial. It allows the government to take private property for the purpose of “public use.” But what does public use mean? The definition is one of judicial interpretation. It has evolved from the original meaning intended by the drafters of the Constitution. Now, the meaning is extremely broad. This Note argues that both the original and contemporary meaning of public use are problematic. It explores the issues with both definitions and suggests a new test, solidified in legislation instead of judicial interpretation.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Mapping A Way Through Disaster And Emergency Issues Involving Indian Country And The Importance Of Legal Preparedness, Brian T. Candelaria
Mapping A Way Through Disaster And Emergency Issues Involving Indian Country And The Importance Of Legal Preparedness, Brian T. Candelaria
American Indian Law Journal
No abstract provided.
P2p Lending Can Increase Capital To Capitally Starved Indian Country, Craig Nichols
P2p Lending Can Increase Capital To Capitally Starved Indian Country, Craig Nichols
American Indian Law Journal
No abstract provided.
Out With The New, In With The Old: Re-Implementing Traditional Forms Of Justice In Indian Country, Nicholas R. Sanchez
Out With The New, In With The Old: Re-Implementing Traditional Forms Of Justice In Indian Country, Nicholas R. Sanchez
American Indian Law Journal
No abstract provided.
When Water Isn't Wet: The Evolution Of Water Right Mitigation In Washington State, Rachael Osborn, Michael Mayer
When Water Isn't Wet: The Evolution Of Water Right Mitigation In Washington State, Rachael Osborn, Michael Mayer
Seattle Journal of Technology, Environmental, & Innovation Law
What is water right mitigation?
The allocation of surface and ground water resources for out of stream uses via the western water rights doctrine of prior appropriation comes with serious environmental consequences – depletion of streamflow and aquifers. Over-appropriation by water rights has led to deleterious impacts on natural resources, including salmon survival, water quality, and public uses of state waterways.
Because of the over-appropriated condition of Washington’s rivers and aquifers, the issuance of new water rights has until recently required water-for-water or in-kind mitigation, with the goal to directly compensate for deleterious impacts. Historically, the Water Resources Program of …
Shifting Public Perception: Climate Change Means Living With Fire And Smoke, Robert Froembling
Shifting Public Perception: Climate Change Means Living With Fire And Smoke, Robert Froembling
Seattle Journal of Technology, Environmental, & Innovation Law
The urgency to prepare for the climate crisis has never been greater. We are currently living in the sixth mass extinction and the effects are only going to accelerate. We will inherit more wildfires, larger wildfires, and more frequent wildfires.
This piece is not meant to stoke fear in its readers or be depressing, but to shift public perception on what our future holds by evaluating the laws and science presented to us. This piece will look at regional and federal regulations and assess the increased rate of forest fires and the grave public health concerns from stagnant smoke specifically …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
In Memory Of Professor James E. Bond, Janet Ainsworth
In Memory Of Professor James E. Bond, Janet Ainsworth
Seattle University Law Review
Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.