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Full-Text Articles in Law

Campaign Finance Reform, Union Dues, And The First Amendment: The Collision Of Politics And Rights, Mark Adams Mar 2022

Campaign Finance Reform, Union Dues, And The First Amendment: The Collision Of Politics And Rights, Mark Adams

Articles

No abstract provided.


Prospects For A Unified Approach To Housing Affordability, Housing Equity, And Climate Change, Stephen R. Miller Jan 2022

Prospects For A Unified Approach To Housing Affordability, Housing Equity, And Climate Change, Stephen R. Miller

Articles

No abstract provided.


The Right To Jury Trial In Idaho Civil Cases: Origins, Purpose, And Selected Applications, John E. Rumel Jan 2022

The Right To Jury Trial In Idaho Civil Cases: Origins, Purpose, And Selected Applications, John E. Rumel

Articles

No abstract provided.


A Cure Of What Ails You: How Universal Healthcare Can Help Fix Our Tort System, David Pimentel Jan 2022

A Cure Of What Ails You: How Universal Healthcare Can Help Fix Our Tort System, David Pimentel

Articles

No abstract provided.


The Sec's Fight To Stop District Courts From Declaring Its Hearings Unconstiutional, Linda Jellum Jan 2022

The Sec's Fight To Stop District Courts From Declaring Its Hearings Unconstiutional, Linda Jellum

Articles

Can the Securities and Exchange Commission (SEC) unilaterally deny a United States citizen the right to challenge the constitutionality of the agency's administrative hearings in district court? The SEC thinks so, but it makes no sense for these constitutional challenges to be brought in the very proceeding that allegedly, and likely, violates the U.S. Constitution. The appellate courts mostly agreed with the SEC, until recently when the Fifth Circuit held that the district courts should hear these claims. Given this circuit split, this issue will soon reach the Supreme Court, making this Article extremely timely. The Securities Exchange Act of …


Building On The Legacy Of The University Of Idaho's Immigration Clinic During The Pandemic, Geoffrey Heeren Jan 2021

Building On The Legacy Of The University Of Idaho's Immigration Clinic During The Pandemic, Geoffrey Heeren

Articles

No abstract provided.


Getting To Know You: An Expanded Approach To Capital Jury Selection, Samuel P. Newton Jan 2021

Getting To Know You: An Expanded Approach To Capital Jury Selection, Samuel P. Newton

Articles

The Colorado Method of capital jury selection is a widely embraced strategy defense attorneys use to select jurors during voir dire, in which attorneys rank each juror exclusively on the likelihood that the juror will vote for death. The method could benefit from some expansion. Not all defense lawyers have access to Colorado-Method-based training. In innocence cases, defense lawyers should soften discussions of punishment prior to guilt since this tactic predisposes juries to vote for death. Nor do jurors' views or positions on the death penalty guarantee their eventual votes. While capital juries are already inclined to give death sentences …


Narrowing Death Eligibility In Idaho: An Empirical And Constitutional Analysis, Aliza Plener Cover Jan 2021

Narrowing Death Eligibility In Idaho: An Empirical And Constitutional Analysis, Aliza Plener Cover

Articles

No abstract provided.


A Familiar Crossroads: Mcgirt V. Oklahoma And The Future Of The Federal Indian Law Canon, Dylan R. Hedden-Nicely Jan 2021

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 Jan 2021

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 …


Governing Complexity: Integrating Science, Governance, And Law To Manage Accelerating Change In The Globalized Commons, Barbara Cosens Jan 2021

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 …


Preserve Mccall: A Proposed Public-Private Land Exchange, Stephen R. Miller Jan 2021

Preserve Mccall: A Proposed Public-Private Land Exchange, Stephen R. Miller

Articles

No abstract provided.


A Housing Crisis: The Story Of The Syringa Mobile Home Park And The Law Clinic's Quest For Water, Jessica M. Long Jan 2021

A Housing Crisis: The Story Of The Syringa Mobile Home Park And The Law Clinic's Quest For Water, Jessica M. Long

Articles

No abstract provided.


How Can A Departing Employee Misappropriate Their Own Creative Outputs?, Timothy Murphy Jan 2021

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 …


How The U.S. Constitution Connects With Covid-19, Richard Henry Seamon Jan 2021

How The U.S. Constitution Connects With Covid-19, Richard Henry Seamon

Articles

No abstract provided.


Promises Made, Promises Broken: The Anatomy Of Idaho's School Funding Litigation, John E. Rumel Jan 2021

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 …


The Future Of The Land Grant Law School, Johanna Kalb Jan 2021

The Future Of The Land Grant Law School, Johanna Kalb

Articles

No abstract provided.


Tradition And Change At The University Of Idaho College Of Law, Richard Henry Seamon Jan 2021

Tradition And Change At The University Of Idaho College Of Law, Richard Henry Seamon

Articles

No abstract provided.


Two-Party Structural Countermandering, Benjamin Plener Cover Jan 2021

Two-Party Structural Countermandering, Benjamin Plener Cover

Articles

The popular narrative surrounding gerrymandering frames it as a performative phenomenon—achieved through the intentional manipulations of malevolent partisan actors. Efforts to curb partisan gerrymandering —which I call countermandering—have been performative, in turn, focusing on constraining these bad actors through judicial review or mapmaker neutrality. Yet performative countermandering has had limited success. Judicial and institutional constraints are only sometimes available and are often cumbersome and costly. More important, their utility is inherently limited, because gerrymandering is not only performative. It is also structural—an inevitable product of the American electoral schema itself. This paper makes the case for structural countermandering. It explains …


Random Thoughts On Access To Justice In Idaho, Anne-Marie Fulfer Jan 2021

Random Thoughts On Access To Justice In Idaho, Anne-Marie Fulfer

Articles

No abstract provided.


Geographic Gerrymandering, Benjamin Plener Cover Jan 2021

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. …


Work And Employment For Daca Recipients, Geoffrey Heeren Jan 2021

Work And Employment For Daca Recipients, Geoffrey Heeren

Articles

No abstract provided.


Did The Pandemic Change Legal Education For Better Or Worse?, Linda Jellum Jan 2021

Did The Pandemic Change Legal Education For Better Or Worse?, Linda Jellum

Articles

No abstract provided.


Labor Organization In Ride-Sharing: Unionization Or Cartelization?, Mark Anderson Jan 2021

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 …


Teasing The Arc Of Electric Spark: Fostering And Teaching Creativity In The Law School Curriculum, Jason G. Dykstra Oct 2020

Teasing The Arc Of Electric Spark: Fostering And Teaching Creativity In The Law School Curriculum, Jason G. Dykstra

Articles

No abstract provided.


Congressional Power To Guarantee State Democracy, Benjamin Plener Cover Mar 2020

Congressional Power To Guarantee State Democracy, Benjamin Plener Cover

Articles

No abstract provided.


The Contemporary Methodology For Quantifying Reserved Instream Flow Water Rights To Support Aquatic Habitat, Dylan R. Hedden-Nicely Jan 2020

The Contemporary Methodology For Quantifying Reserved Instream Flow Water Rights To Support Aquatic Habitat, Dylan R. Hedden-Nicely

Articles

Since time immemorial, indigenous people have relied on the streams of their territory for food, fiber, transportation, recreation, cultural, and spiritual needs. Accordingly, tribal people-particularly those in the region now called the Northwestern United States-placed singular emphasis on preserving their traditional subsistence culture when negotiating with the United States during the reservation era. Although rarely expressed in these treaties, the tribes are nonetheless entitled to water rights sufficient to fulfill these traditional subsistence treaty rights. Of the suite of water rights to maintain traditional uses of water, likely the most commonly claimed is for water to maintain fish habitat. A …


Leading Through Collaboration: A Tribute To Distinguished Professor Barbara Cosens, Donald L. Burnett Jr. Jan 2020

Leading Through Collaboration: A Tribute To Distinguished Professor Barbara Cosens, Donald L. Burnett Jr.

Articles

No abstract provided.


A Tribute To Don Burnett, Maureen Laflin Jan 2020

A Tribute To Don Burnett, Maureen Laflin

Articles

No abstract provided.


Shapeshifting Securities, Wendy Gerwick Couture Jan 2020

Shapeshifting Securities, Wendy Gerwick Couture

Articles

No abstract provided.