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Articles 1 - 30 of 40
Full-Text Articles in Law
The Pope And The Capital Juror, Aliza Plener Cover
The Pope And The Capital Juror, Aliza Plener Cover
Articles
In a significant change to Catholic Church doctrine, Pope Francis recently declared that capital punishment is impermissible under all circumstances. Counterintuitively, the Pope’s pronouncement might make capital punishment less popular but more prevalent in the United States. This Essay anticipates this possible dynamic and, in so doing, explores how “death qualification” of capital juries can insulate the administration of the death penalty when community morality evolves away from capital punishment.
From Sagebrush Law To A Modern Profession, Kristina J. Running
From Sagebrush Law To A Modern Profession, Kristina J. Running
Articles
No abstract provided.
Tenth Anniversary Of The University Of Idaho's Native Law Program, Dylan R. Hedden-Nicely
Tenth Anniversary Of The University Of Idaho's Native Law Program, Dylan R. Hedden-Nicely
Articles
No abstract provided.
Welcome From The Chair Of The Indian Law Section, Dylan R. Hedden-Nicely
Welcome From The Chair Of The Indian Law Section, Dylan R. Hedden-Nicely
Articles
No abstract provided.
Legal Citation Part Iii: Using Citation To Convey Textual Meaning, Jason G. Dykstra, Tenielle Fordyce-Ruff
Legal Citation Part Iii: Using Citation To Convey Textual Meaning, Jason G. Dykstra, Tenielle Fordyce-Ruff
Articles
No abstract provided.
Citing Counsel's Opinion About The Merits Of Legal Proceedings In Sec Filings, Wendy Gerwick Couture
Citing Counsel's Opinion About The Merits Of Legal Proceedings In Sec Filings, Wendy Gerwick Couture
Articles
No abstract provided.
Free-Range Parenting Gets Legal Protection In Utah - But Should The State Dictate How To Parent?, David Pimentel
Free-Range Parenting Gets Legal Protection In Utah - But Should The State Dictate How To Parent?, David Pimentel
Articles
No abstract provided.
Implications Of The Private Search Doctrine In A Digital Age: Advocating For Limitations On Warrantless Searches Through Adoption Of The Virtual File Approach, Brianna M. Espeland
Implications Of The Private Search Doctrine In A Digital Age: Advocating For Limitations On Warrantless Searches Through Adoption Of The Virtual File Approach, Brianna M. Espeland
Idaho Law Review
No abstract provided.
An End To Arbitrary And Capricious Federal Sentencing Guidelines, Henry D. Stegner
An End To Arbitrary And Capricious Federal Sentencing Guidelines, Henry D. Stegner
Idaho Law Review
No abstract provided.
Til It Happens To You: Providing Victims Of Sexual Assault With Their Own Legal Representation, Erin J. Heuring
Til It Happens To You: Providing Victims Of Sexual Assault With Their Own Legal Representation, Erin J. Heuring
Idaho Law Review
No abstract provided.
Title Ix Violations Arising From Title Ix Investigations: The Snake Is Eating Its Own Tail, Joe Dryden, David Stader, Jeanne L. Surface
Title Ix Violations Arising From Title Ix Investigations: The Snake Is Eating Its Own Tail, Joe Dryden, David Stader, Jeanne L. Surface
Idaho Law Review
In 2011, the Department of Education Office of Civil Rights published a Dear Colleague Letter (DCL) detailing the department’s views on the roles and responsibilities of colleges and universities under Title IX specifically as they relate to allegations of sexual assault. Numerous studies conclude that close to 1 in 5 college women are sexually assaulted while enrolled in institutions of higher education. Many of these studies are flawed yet they are being used as the justification for administrative overreach. Despite not having the legal authority, the DCL changed the legal standard to be applied when conducting sexual assault investigations from …
One Of Five: Reflections On Jim Jones' Jurisprudential Impact In His Twelve Years On The Idaho Supreme Court, Hillary Smith
One Of Five: Reflections On Jim Jones' Jurisprudential Impact In His Twelve Years On The Idaho Supreme Court, Hillary Smith
Idaho Law Review
No abstract provided.
St. Alphonsus Medical Center V. St. Lukes Health System: The Uncertain Application Of The Efficiencies Defense Is Leading To Unpredictable Outcomes In Healthcare Mergers, Jamie L. Bjorklund
St. Alphonsus Medical Center V. St. Lukes Health System: The Uncertain Application Of The Efficiencies Defense Is Leading To Unpredictable Outcomes In Healthcare Mergers, Jamie L. Bjorklund
Idaho Law Review
No abstract provided.
Regulation Of Teacher Certification In Idaho: Proceedings Before Idaho's Professional Standards Commission Concerning The Denial Of An Application For Or Action Against A Teaching Certificate, John E. Rumel
Idaho Law Review
No abstract provided.
An Ecological, Cultural, And Legal Review Of Pacific Lamprey In The Columbia River Basin, Adam Wicks-Arshack, Matthew Dunkle, Sammy Matsaw, Christopher Caudill
An Ecological, Cultural, And Legal Review Of Pacific Lamprey In The Columbia River Basin, Adam Wicks-Arshack, Matthew Dunkle, Sammy Matsaw, Christopher Caudill
Idaho Law Review
Pacific lamprey (Entosphenus tridentatus) is an anadromous species in an ancient lineage of jawless fishes. The species is native to the North Pacific and its marine-accessible freshwater rivers and streams. Pacific lamprey are understudied relative to other anadromous fishes and has severely declined in abundance throughout the Columbia River Basin. Indigenous people of the Snake and Columbia River Basins have long recognized the ecological role and value of lamprey through their spiritual and cultural practices connected to Pacific lamprey. The combined effects of poor passage at dams, historic and continued habitat degradation, and altered marine host conditions have contributed to …
Structuring Better Caps For Sustainability Incentive Programs, Courtney Moran, Casey Ball
Structuring Better Caps For Sustainability Incentive Programs, Courtney Moran, Casey Ball
Idaho Law Review
Policymakers who are eager to promote the development and adoption of environmentally sustainable technologies too often ignore certain important regulatory principles when crafting incentive programs. Some approaches to limiting and winding down sustainability incentive programs have proven to be inefficient and unjust. Too often, the winding down process only begins when lawmakers face unpredicted budgetary constraints. This article argues that state and federal lawmakers could better promote economic efficiency and equity in sustainability-oriented policy design by more consistently adhering to the principles of gradualism, adequate notice, and respect for investment-backed expectations. Using examples of deficiencies in certain net metering program …
The Control Of Methane And Voc Emissions From Oil And Gas Operations In The Western United States, Arnold W. Reitze Jr.
The Control Of Methane And Voc Emissions From Oil And Gas Operations In The Western United States, Arnold W. Reitze Jr.
Idaho Law Review
This article discusses the regulation of hydrocarbon emissions, including the emissions of methane, a potent greenhouse gas, from the oil and gas industry in the western United States. It covers the regulations of the Environmental Protection Agency, the Bureau of Land Management, and other Federal agencies. It also discusses the state laws of the major oil and gas producing western states: California, Colorado, New Mexico, Utah, and Wyoming. It covers operations on public, state, and private lands, but it does not cover oil and gas operations on Indian lands that are the subject of the author’s previous article.
Transboundary Pollution And Cercla Liability: International Manufacturers' Ability To Exploit Aerial Depositions, Connor M. Callahan
Transboundary Pollution And Cercla Liability: International Manufacturers' Ability To Exploit Aerial Depositions, Connor M. Callahan
Idaho Law Review
The Trail Smelter has a long and extensive history of pollution issues. The most recent claim against the Trail Smelter is the aerial deposition of hazardous waste theory. The Ninth Circuit has rejected attaching Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) liability to the Trail Smelter under the aerial deposition theory, but this holding cannot be accepted if the goal is to control pollution. Many issues arise with controlling transboundary pollution, including the enforcement of international agreements on the matter. In the absence of establishing an enforceable international treaty between the United States and Canada, CERCLA presents a viable …
An Ecological Theory Of Statutory Interpretation, Nicholas S. Bryner
An Ecological Theory Of Statutory Interpretation, Nicholas S. Bryner
Idaho Law Review
Canons of construction serve as a set of ground rules that judges rely on in interpreting statutes. Substantive canons of construction, in particular, are principles and presumptions that point judges in a specific policy direction in order to serve underlying public values. Many of these substantive canons share a common justification: judges have developed them to mitigate threats of irreversible harm to vulnerable and underrepresented interests and to incentivize clarity in the legislative process. This Article argues that environmental interests—the interests of present and future generations in maintaining ecological conditions that support life—merit similar protection. Therefore, judges should employ an …
Quantifying Partisan Gerrymandering: An Evaluation Of The Efficiency Gap Proposal, Benjamin Plener Cover
Quantifying Partisan Gerrymandering: An Evaluation Of The Efficiency Gap Proposal, Benjamin Plener Cover
Articles
Electoral districting presents a risk of partisan gerrymandering: the manipulation of electoral boundaries to favor one political party over another. For three decades, the U.S. Supreme Court has failed to settle on a legal test for partisan gerrymandering, and such claims have uniformly failed. Until recently. Plaintiffs prevailed before a three-judge federal panel in Wisconsin by leveraging a new measure called the "efficiency gap," which quantifies partisan gerrymandering in terms of two parties' relative efficiency at translating votes for their party into seats in government. The case is now before the Court, which may embrace the efficiency gap approach and …
Beyond The Basics: Lesser-Used Punctuation Marks, Jason G. Dykstra, Tenielle Fordyce-Ruff
Beyond The Basics: Lesser-Used Punctuation Marks, Jason G. Dykstra, Tenielle Fordyce-Ruff
Articles
No abstract provided.
Forfeiture Policy In The United States: Is There Hope For Reform, David Pimentel
Forfeiture Policy In The United States: Is There Hope For Reform, David Pimentel
Articles
No abstract provided.
Child Protection Bench Cards For Idaho Judges, Elizabeth Brandt
Child Protection Bench Cards For Idaho Judges, Elizabeth Brandt
Books
Summaries of child protection laws to assist Idaho judges. Covers numerous topics: aggravated circumstances determination, adjudicatory hearing, adoption - CPA related, advisement of rights, amended disposition hearing, case plan hearing, ICWA, ICPC, permanency hearing - no aggravated circumstances, permanency hearing - aggravated circumstances, psychotropic medications for children in care, review hearings, Rule 16 expansion for CP judges, Rule 16 expansion for juvenile judges, shelter care hearing, termination of parental rights, transition to successful adulthood, trauma informed judge.
Introduction To The Special Feature Practicing Panarchy: Assessing Legal Flexibility, Ecological Resilience, And Adaptive Governance In Regional Water Systems Experiencing Rapid Environmental Change, Barbara Cosens
Articles
This special feature presents articles on the cross-scale interactions among law, ecosystem dynamics, and governance to address the adaptive capacity of six watersheds in the United States as they respond to rapid environmental change. We build on work that assesses resilience and transformation in riverine and wetland social-ecological systems across the United States at a variety of scales, levels of development, and degrees of degradation, focusing specifically on the Anacostia River, Central Platte River, Klamath River, Columbia River, Middle Rio Grand River, and the Everglades wetlands. All of these cases involve complex institutional systems, histories involving ecological and social regime …
Dismantling Monuments, Richard Henry Seamon
Dismantling Monuments, Richard Henry Seamon
Articles
The Antiquities Act of 1906 authorizes the President to "declare" certain objects "to be national monuments," and to "reserve parcels of land" to protect those national monuments. The Act does not expressly authorize the President to reduce or rescind a monument established by a prior President under the Act, and recent actions by President Donald Trump raise the question whether the Act impliedly authorizes such reductions or rescissions. The majority of legal scholars who have studied this question have said no, the Act does not grant such implied authority. This Article takes the contrary position. The President's authority under the …
The Development Of Seals Committees, Linda Jellum
Informal Governance Structures And Disaster Planning: The Case Of Wildfire, Stephen R. Miller
Informal Governance Structures And Disaster Planning: The Case Of Wildfire, Stephen R. Miller
Articles
No abstract provided.
Optimal Issuer Disclosure Of Opinions, Wendy Gerwick Couture
Optimal Issuer Disclosure Of Opinions, Wendy Gerwick Couture
Articles
This Article adds to the scholarly literature about the optimal level of disclosure by issuers of securities by proposing a new theoretical framework that encompasses not only the choice between silence and disclosure, which has been widely discussed, but also the subsidiary decision between disclosure as an opinion and as a statement of fact, which has been ignored. This framework informs the Securities and Exchange Commission’s ongoing review of mandatory disclosure rules and contextualizes the potential impacts of the Supreme Court’s recent decision in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund,1 which clarified that differential liability standards …
Arbiters Of Decency: A Study Of Legislators' Eighth Amendment Role, Aliza Plener Cover
Arbiters Of Decency: A Study Of Legislators' Eighth Amendment Role, Aliza Plener Cover
Articles
Within Eighth Amendment doctrine, legislators are arbiters of contemporary values. The United States Supreme Court looks closely to state and federal death penalty legislation to determine whether a given punishment is out of keeping with “evolving standards of decency.” Those who draft, debate, and vote on death penalty laws thus participate in both ordinary and higher lawmaking. This Article investigates this dual role.
We coded and aggregated information about every floor statement made in the legislative debates preceding the recent passage of bills abolishing the death penalty in Connecticut, Illinois, and Nebraska. We categorized all statements according to their position …
Reconciliation Of Development And Ecosystems: The Ecology Of Governance In The International Columbia River Basin, Barbara Cosens
Reconciliation Of Development And Ecosystems: The Ecology Of Governance In The International Columbia River Basin, Barbara Cosens
Articles
This article explores the emergence of formal and informal bridging organizations to facilitate solutions to water conflict at the scale of the water resource. This new approach to governance is of particular importance on rivers within or shared by countries in which water management is fragmented among national and sub-national levels of government as well as among governmental sectors. This article focuses on the Columbia River Basin, in the United States and Canada. Review of the Columbia River Treaty governing shared management of the river has opened a public dialogue on river governance. Treaty review coincides with change in both …