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Full-Text Articles in Law

Issues In Implementing Special Domestic Violence Criminal Jurisdiction In Alaska's Tribal Courts, Danika Watson Jun 2023

Issues In Implementing Special Domestic Violence Criminal Jurisdiction In Alaska's Tribal Courts, Danika Watson

Alaska Law Review

Until 2022, all but one of the 229 Alaska tribes were barred from special domestic violence criminal jurisdiction (SDVCJ): Congress's jurisdictional tool for tribal courts to address domestic violence and hold perpetrators of violence against Alaska Native women criminally accountable. The reauthorization of the Violence Against Women Act (VAWA) in 2022 brought SDVCJ to Alaska's rural Native communities. This landmark achievement was made possible by decades of advocacy from Alaska's tribal, state, and federal leadership. In the wake of VAWA 2022, Alaska tribes and tribal justice systems face several significant legal, political, and cultural challenges. This Article outlines the legal …


Beyond Indian Country: The Sovereign Powers Of Alaska Tribes Without Reservations, Mitchell Forbes Jun 2023

Beyond Indian Country: The Sovereign Powers Of Alaska Tribes Without Reservations, Mitchell Forbes

Alaska Law Review

The Alaska Native Claims Settlement Act of 1971 (ANCSA) devised a land entitlement system markedly different from the Indian reservation system that prevailed in the Lower 48 states. It directed the creation of twelve, for-profit Alaska Native regional corporations and over 200 private, for-profit Alaska Native village corporations, which would receive the bulk of Native land in the state. This corporate model left nearly all tribes in Alaska without a land base. As such, there is very little Indian Country land in the state over which tribes can exercise territorial-based sovereignty. Yet, the Supreme Court has long recognized the power …


Journal Staff Jun 2023

Journal Staff

Alaska Law Review

No abstract provided.


Indian Child Welfare Act: A Roadblock In A Native Child's Pathway To Permanency, Melissa Gustafson Jun 2023

Indian Child Welfare Act: A Roadblock In A Native Child's Pathway To Permanency, Melissa Gustafson

Alaska Law Review

The Indian Child Welfare Act (ICWA) requires the testimony of a qualified expert witness to support, beyond a reasonable doubt, the termination of parental rights in cases involving Native children. Initially, Congress expressed a preference for qualified expert witnesses to possess intimate knowledge of Native tribes' childrearing norms and practices. However, the permissive language of the 2016 Regulations has deemphasized this preference. Instead, the Alaska Supreme Court has interpreted the 2016 Regulations as requiring an expert to be qualified to testify about the mental, emotional, and physical wellbeing of children, therefore requiring formalized education in these areas of study. This …


Law Thrown Overboard: Direct Democracy And The Alaska Ocean Rangers, Hannah Rogers Jun 2023

Law Thrown Overboard: Direct Democracy And The Alaska Ocean Rangers, Hannah Rogers

Alaska Law Review

Alaska is one of the premier cruise destinations in the world. The vessels' many amenities and luxuries, however, come with a price: cruise ships produce an inordinate amount of waste, most of which is dumped into the ocean. In 2006, Alaska voters passed a ballot measure establishing a program called the Ocean Rangers, which would monitor cruise ships in Alaskan waters to ensure that vessels were disposing of waste in accordance with state and federal law. In 2019, after an unsuccessful attempt in the state legislature to end the Ocean Rangers program, Alaska Governor Mike Dunleavy vetoed the entirety of …


Note From The Editor Jun 2023

Note From The Editor

Alaska Law Review

No abstract provided.


The Unique Promise Of The Alaska Constitution: The Right To Rehabilitation, Adam Beyer Jun 2023

The Unique Promise Of The Alaska Constitution: The Right To Rehabilitation, Adam Beyer

Alaska Law Review

The Alaska Constitution creates a unique promise for those convicted of crimes. In Abraham v. State, the Alaska Supreme Court held that article I, § 12 grants offenders a "right to rehabilitation." Such a right is uncommon; few states, if they have similar protections at all, have labeled it a right. In the years since Abraham, the Court has occasionally addressed claims invoking the right, making clear that its decision was not an aberration. The court's most thorough examination of the right occurred this term in Department of Corrections v. Stefano. This article seeks to examine and clarify …


Fishing In The Desert: Modernizing Alaskan Salmon Management To Protect Fisheries And Preserve Fishers' Livelihoods, Connor Sakati Jun 2023

Fishing In The Desert: Modernizing Alaskan Salmon Management To Protect Fisheries And Preserve Fishers' Livelihoods, Connor Sakati

Alaska Law Review

Many Alaskan salmon fisheries are in distress, threatening fishers' livelihoods, food sources, and cultures. This crisis—and the few, blunt tools managers possess to address it— reveals that the current state and federal legal framework for salmon management is inadequate to protect fisheries' health and preserve fishers' livelihoods, especially as the ocean warms and the distribution of species within it significantly changes. First, the current framework's regulatory tools, designed to combat human overuse of a single species, are poorly tailored to mitigating this multicausal, ecosystem-wide crisis. Current science indicates marine heatwaves, habitat degradation, and human use may be major culprits of …


Heat Waves And A Public-Private Partnership In Alaska, Karen Sandrik, Sarah Matsumoto Dec 2022

Heat Waves And A Public-Private Partnership In Alaska, Karen Sandrik, Sarah Matsumoto

Alaska Law Review

The recently-passed Inflation Reduction Act represents the largest single step that Congress has taken to combat harms from climate change. In its over $360 billion commitment, the Act incentivizes clean energy development and generation, includes methods to directly lower residential utility bills and increase home efficiency, promotes cleaner transportation and agricultural practices, and funds states' and cities' efforts to meet their individual climate goals. While many environmental organizations applauded the Act's passage, some—even simultaneously—expressed concern about its tradeoffs: the Act continues to invest in fossil fuels, subsidizing pipeline construction and guaranteeing new oil and gas leases, specifically expanding leasing in …


Wilderness V. Oil: Resource Balancing In The Arctic National Wildlife Refuge, Megan Mason Dister Dec 2022

Wilderness V. Oil: Resource Balancing In The Arctic National Wildlife Refuge, Megan Mason Dister

Alaska Law Review

The Arctic National Wildlife Refuge (ANWR), a national wildlife refuge in a remote region of Alaska, has captured the national spotlight for decades due to conflicting viewpoints on how to manage the refuge's resources. ANWR is home to a large population of diverse species and Alaska Native communities. However, it may also contain large quantities of oil. Debates over ANWR resource management often provide only two options: preserve the Coastal Plain as wilderness or allow energy development. In 2017, a congressional budget resolution opened a portion of ANWR (the Coastal Plain) to oil and gas leasing for the first time. …


Journal Staff Dec 2022

Journal Staff

Alaska Law Review

No abstract provided.


Coastal Marine Debris In Alaska: Problems With Plastics, Pollution, & Policy, Savannah Artusi Dec 2022

Coastal Marine Debris In Alaska: Problems With Plastics, Pollution, & Policy, Savannah Artusi

Alaska Law Review

Plastics pollute people and the planet throughout their lifecycle, from intensive extraction of raw materials to chemical leaching during their use to entangling animals in discarded plastic products. Plastic waste is especially troublesome in Alaska, where the state's extensive shoreline and coastal communities are disproportionately inundated with plastic marine debris. Current policies internationally, in the United States, and in Alaska have not done enough to prevent plastic waste from ending up on Alaska's coasts, to hold plastic producers accountable for that waste, or to provide Alaskan communities the support needed to remove the waste themselves. This Note offers several proposals …


Protecting Subsistence Lands While Boosting The Bottom Line: The Enhanced Federal Tax Incentive Available To Alaska Native Corporations For Donations Of Conservation Easements, Timothy Troll, Konrad Liegel Dec 2022

Protecting Subsistence Lands While Boosting The Bottom Line: The Enhanced Federal Tax Incentive Available To Alaska Native Corporations For Donations Of Conservation Easements, Timothy Troll, Konrad Liegel

Alaska Law Review

Alaska Native corporations face a dilemma. They own land of immense and significant cultural and ecological value. Their lands are critical for maintaining the Alaska Natives' subsistence needs. But they are also corporations established under the law to maximize the economic value of their land holdings to provide financial dividends to their Native shareholders. This paper explores the enhanced federal tax incentive for donations of perpetual conservation easements that became available in 2015 to Alaska Native corporations. The tax incentive offers Alaska Native corporations a way to protect the aboriginal lands conveyed to them under the Alaska Native Claims Settlement …


Note From The Editor Dec 2022

Note From The Editor

Alaska Law Review

No abstract provided.


Keynote Address: Alaska Native Peoples And The Environment, Elizabeth Saagulik Hensley, Esq. Dec 2022

Keynote Address: Alaska Native Peoples And The Environment, Elizabeth Saagulik Hensley, Esq.

Alaska Law Review

No abstract provided.


The Kenai Rule In Four Acts: Bear Baiting, Firearms, And Hunting: Comment & Analysis Of Alaska V. Bernhardt, Jon C. Nachtigal, Mike Stocz Dec 2022

The Kenai Rule In Four Acts: Bear Baiting, Firearms, And Hunting: Comment & Analysis Of Alaska V. Bernhardt, Jon C. Nachtigal, Mike Stocz

Alaska Law Review

The Kenai Rule, enacted by the U.S. Fish and Wildlife Service in 2016, prohibits (a) the hunting of brown bears with bait in the Kenai National Wildlife Refuge, (b) most hunting in the Skilak Wildlife Recreation Area, and (c) the discharge of firearms along the Kenai and Russian Rivers. The Kenai Rule was challenged by the State of Alaska and Safari Club International in Alaska v. Bernhardt. This Comment provides an overview of the case as it was heard in the District Court of Alaska. This discussion includes arguments and counterarguments surrounding the application of four legislative acts: the …


Note From The Editor Jun 2022

Note From The Editor

Alaska Law Review

No abstract provided.


Ancsa Corporation Proxy Wars, Aaron M. Schutt Jun 2022

Ancsa Corporation Proxy Wars, Aaron M. Schutt

Alaska Law Review

When Congress passed the Alaska Native Claims Settlement Act in 1971 (ANCSA), it directed the creation of twelve regional and over two hundred village corporations chartered under Alaska state law. The Act made governance of those corporations largely subject to Alaska state law, including the laws and regulations applicable to corporate elections. This Article reviews the legal history of the corporate proxy wars and related election issues that the ANCSA corporations and candidates for their boards of directors have waged over the past nearly fifty years in proxy complaints filed with the Alaska Division of Securities, and in state and …


Alaska's Lengthy Sentences Are Not The Answer To Sex Offenses, Margot Graham Jun 2022

Alaska's Lengthy Sentences Are Not The Answer To Sex Offenses, Margot Graham

Alaska Law Review

Individuals convicted of sex offenses in Alaska are serving extremely long sentences in prison. The Alaska legislature restricted the ability of those convicted of sex offenses to have their cases referred to three-judge panels for sentencing outside the presumptive sentencing range set by the legislature. The Alaska Supreme Court then held that different forms of sexual penetration are distinct and separate offenses, meaning that the associated charges cannot be merged and the sentences must run consecutively. Thus, Alaska has embraced lengthy sentences for sex offenses. Unfortunately, this punitive practice is doing little to protect Alaskan communities or rehabilitate the people …


Strangers In Their Own Land: A Survey Of The Status Of The Alaska Native People From The Russian Occupation Through The Turn Of The Twentieth Century, Jon W. Katchen, Nicholas Ostrovsky Jun 2022

Strangers In Their Own Land: A Survey Of The Status Of The Alaska Native People From The Russian Occupation Through The Turn Of The Twentieth Century, Jon W. Katchen, Nicholas Ostrovsky

Alaska Law Review

The federal government's scattershot treatment of Alaska Natives has long created confusion over the legal status and rights of Alaska Natives and Alaska Native entities. This confusion was center stage in the recent Supreme Court case, Yellen v. Confederated Tribes of the Chehalis Reservation, involving "Indian Tribe" entitlement to CARES Act relief funds. To better understand the reason uncertainty remains after more than 150 years since the purchase of Alaska from Russia, and more than sixty years after Alaska's statehood, we must look to the unique history of Alaska Natives. Starting in the mid-1700s, this Article surveys the laws …


It Takes A Village: Repurposing Takings Doctrine To Address Melting Permafrost In Alaska Native Towns, Sasha Kahn Jun 2022

It Takes A Village: Repurposing Takings Doctrine To Address Melting Permafrost In Alaska Native Towns, Sasha Kahn

Alaska Law Review

Dozens of Alaska Native villages face an existential crisis as Alaska's permafrost melts, causing soil erosion and instability. Adapting to these rapidly changing conditions is unworkable, so most villages will have to physically move to locations atop bedrock. The estimated costs for these moves are enormous, and not even the combination of available federal and state administrative resources can adequately cover them. One possible avenue for funding is a state inverse condemnation regulatory takings claim, which posits that state action has caused the property destruction in the villages. Alaska has a unique relationship to its oil extraction industry, which has …


Journal Staff Jun 2022

Journal Staff

Alaska Law Review

No abstract provided.


Renewed Debate Over Alaska's Establishment Clause: Hunt V. Kenai Peninsula Borough And The Church Of The Flying Spaghetti Monster, Mary Beth Barksdale Jun 2022

Renewed Debate Over Alaska's Establishment Clause: Hunt V. Kenai Peninsula Borough And The Church Of The Flying Spaghetti Monster, Mary Beth Barksdale

Alaska Law Review

In 2019, a pastor of the Church of the Flying Spaghetti Monster, a "Pastafarian," raised concerns about the entanglement of Alaskan local government and religion. His commentary highlighted the need to take a fresh look at Alaska's establishment clause jurisprudence. While Hunt v. Kenai Peninsula Borough addressed legislative prayer, further questions remain open about the limits of public spending on religious institutions, the need to honor Alaska’s religious diversity, and the role of religion in everyday Alaskan government. While the Alaska jurisprudence has not changed much since the 1980s, the Pastafarians have demonstrated that establishment clause debates are alive and …


The Plaintiff's Plight: Altering Alaska's Rule 82 To Better Compensate Plaintiffs, Matthew Naiman Jun 2022

The Plaintiff's Plight: Altering Alaska's Rule 82 To Better Compensate Plaintiffs, Matthew Naiman

Alaska Law Review

Alaska is unique among the fifty states in its use of a version of the English rule of attorneys' fees in civil cases. Alaska Rule of Civil Procedure 82, in combination with several other rules, effectuates a fee shift such that the losing party pays a portion of the winning party's attorneys' fees. Rule 82 has two fee schedules: one for monetary judgments and one for non-monetary judgments. The monetary judgment fee awards are based in part on the amount of the judgment, while the non-monetary judgment fee awards are based on the victorious party's actual, reasonable attorneys' fees. This …


Note From The Editor Dec 2021

Note From The Editor

Alaska Law Review

No abstract provided.


The Ballot Is Stronger Than The Bullet: Alaska's Superior Strict Scrutiny Approach To Ballot Access Laws, Ben Sheppard, Josh Guckert Dec 2021

The Ballot Is Stronger Than The Bullet: Alaska's Superior Strict Scrutiny Approach To Ballot Access Laws, Ben Sheppard, Josh Guckert

Alaska Law Review

Restrictive ballot access laws are the most burdensome requirement for third-party candidates. Such laws implicate First Amendment freedoms to associate both publicly and privately with like-minded individuals in order to advance political causes. Alaskan courts review state ballot access laws under the demanding standard of strict scrutiny. This standard was adopted through the efforts of Joe Vogler and his Alaskan Independence Party. The authors contend that such a standard has fostered Alaska’s unique openness toward third-party candidacies. Nonetheless, the Supreme Court of the United States does not utilize this same strict scrutiny review, instead using the Anderson-Burdick test, which balances …


Real Property, Real Problems: Expanding Alaska's Unfair Trade Practices And Consumer Protection Act, Michael E. Keramidas Dec 2021

Real Property, Real Problems: Expanding Alaska's Unfair Trade Practices And Consumer Protection Act, Michael E. Keramidas

Alaska Law Review

Alaska’s Unfair and Deceptive Acts and Practices (UDAP) statute was designed to provide broad, robust protections for everyday Alaskan consumers. Astonishingly, Alaska is one of only three states that does not protect Alaskans under its UDAP statute when they fall victim to fraudulent schemes involving real property. The Alaska Supreme Court has consistently upheld this interpretation of the UDAP statute by relying on precedent from over thirty years ago. At the same time, due to the COVID-19 pandemic, everyday Alaskans are more economically vulnerable than ever before, with the atmosphere being ripe for proliferation of fraudulent real property schemes. This …


Ware V. Ware And The Presumption Of Undue Influence In Confidential Relationships, Ian W. Fraser Dec 2021

Ware V. Ware And The Presumption Of Undue Influence In Confidential Relationships, Ian W. Fraser

Alaska Law Review

Alaska law has long recognized that a presumption of undue influence arises as a matter of law when a will’s primary beneficiary participates in its drafting and has a fiduciary or confidential relationship with the testator. In its 2007 decision Ware v. Ware, the Alaska Supreme Court extended this principle beyond testamentary scenarios to any situation in which the principal in a confidential relationship benefits from the relationship. But the decision stated the law incorrectly. The court’s analysis, cited precedents, and common sense all demonstrate that the court meant to say that the presumption of undue influence arises when a …


Do You Know It When You See It? Using Alaska's Child Pornography Statute As A Nationwide Model For Proscribing Morphed Images, Daisy Gray Dec 2021

Do You Know It When You See It? Using Alaska's Child Pornography Statute As A Nationwide Model For Proscribing Morphed Images, Daisy Gray

Alaska Law Review

In 1982, the United States Supreme Court addressed the tension between free speech and protecting children by holding child pornography outside the scope of First Amendment protections. Critical to the Court’s decision was the fact that child sexual abuse is necessary to produce child pornography. But what if technological advancement removed child abuse from the equation? The recent phenomena of virtual child pornography and morphed images involve the digital alteration of adult pornography to create the appearance of child pornography. The Alaska legislature amended its child pornography statute in response to these developments, proscribing the possession of morphed images. While …


Journal Staff Dec 2021

Journal Staff

Alaska Law Review

No abstract provided.