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Full-Text Articles in Law

From Warranted To Valuable Belief: Local Government, Climate Change, And Giving Up The Pickup To Save Bangladesh, Jerrold A. Long Jan 2009

From Warranted To Valuable Belief: Local Government, Climate Change, And Giving Up The Pickup To Save Bangladesh, Jerrold A. Long

Articles

Although the public discourse about efforts to address global climate change understandably focuses on national- and international-level efforts, in the United States much of the authority for regulating greenhouse gas emitting activities resides with state and local governments. Many local governments have initiated efforts to address global climate change in some fashion. But this article argues that there remains a disconnect between the local causes and global consequences of climate change sufficient to prevent the adoption of durable and effective local efforts to reduce greenhouse gas emissions. In other words, individuals remain largely unable to connect their personal decisions with …


Reframing The Independence V. Accountability Debate: Defining Judicial Structure In Light Of Judges' Courage And Integrity, David Pimentel Jan 2009

Reframing The Independence V. Accountability Debate: Defining Judicial Structure In Light Of Judges' Courage And Integrity, David Pimentel

Articles

No abstract provided.


The Reluctant Tattletale: Closing The Gap In Federal Judicial Discipline, David Pimentel Jan 2009

The Reluctant Tattletale: Closing The Gap In Federal Judicial Discipline, David Pimentel

Articles

No abstract provided.


Let Our Minds Be Bold: Stepping Into U Of I'S Second Century, Donald L. Burnett Jr. Jan 2009

Let Our Minds Be Bold: Stepping Into U Of I'S Second Century, Donald L. Burnett Jr.

Articles

No abstract provided.


Domestic Violence Trends And Topics, Patrick D. Costello Jan 2009

Domestic Violence Trends And Topics, Patrick D. Costello

Articles

No abstract provided.


Which Is To Be Master, The Judiciary Or The Legislature? When Statutory Directives Violate Separation Of Powers, Linda Jellum Jan 2009

Which Is To Be Master, The Judiciary Or The Legislature? When Statutory Directives Violate Separation Of Powers, Linda Jellum

Articles

Statutory interpretation is at the cutting edge of legal scholarship and, now, legislative activity. As legislatures have increasingly begun to perceive judges as activist meddlers, some legislatures have found a creative solution to the perceived control problem: statutory directives. Statutory directives, simply put, tell judges how to interpret statutes. Rather than wait for an interpretation with which they disagree, legislatures use statutory directives to control judicial interpretation. Legislatures are constitutionally empowered to draft statutes. In doing so, legislatures expect to control the meaning of the words they choose. Moreover, they prefer to do so early in the process, not after …


Pathway Of Professionalism - The First Day Of Law School At The University Of Idaho, Donald L. Burnett Jr. Jan 2009

Pathway Of Professionalism - The First Day Of Law School At The University Of Idaho, Donald L. Burnett Jr.

Articles

No abstract provided.


The Bank Bailout: A License For Sovereign Securities Fraud, Wendy Gerwick Couture Jan 2009

The Bank Bailout: A License For Sovereign Securities Fraud, Wendy Gerwick Couture

Articles

No abstract provided.


White Collar Crime's Gray Area: The Anomaly Of Criminalizing Conduct Not Civilly Actionable, Wendy Gerwick Couture Jan 2009

White Collar Crime's Gray Area: The Anomaly Of Criminalizing Conduct Not Civilly Actionable, Wendy Gerwick Couture

Articles

Substantive and procedural differences between criminal and civil treatment of conduct sounding in securities fraud combine to cause the following anomaly: certain false statements to investors may be actionable criminally-subjecting individual defendants to imprisonment-but not civilly-leaving victims without remedy. The imposition of criminal punishment for conduct that does not invoke civil liability risks disrupting the current scheme of securities regulation, at the expense of considerations deemed important by Congress and the courts. Moreover, the extension of criminal liability beyond the scope of civil liability debunks the assumption, which underlies the current scholarship on the civil-criminal divide, that criminal liability is …


Rethinking Regulations: Local Laboratories Inventing A Sustainable Idaho, Jerrold A. Long Jan 2009

Rethinking Regulations: Local Laboratories Inventing A Sustainable Idaho, Jerrold A. Long

Articles

No abstract provided.


Civil Procedure In Idaho: An Examination Of Significant Differences Between The Rules Of Procedure Of The Idaho State And Federal Courts, Katie Ball Jan 2009

Civil Procedure In Idaho: An Examination Of Significant Differences Between The Rules Of Procedure Of The Idaho State And Federal Courts, Katie Ball

Articles

The University of Idaho College of Law celebrates its centennial this year. The rules of civil procedure do not have that lengthy a history, but they are still a critical part of current legal education and any civil practice. Civil practitioners choosing an Idaho forum have two court system options for many types of cases-the federal courts or the state courts. The goal of this article is to point out the significant differences in the state and federal civil procedural rules for Idaho practitioners. It is meant to particularly address those Idaho attorneys who have practiced primarily or exclusively in …


Origins Of Idaho's Community Property System: An Attempt To Solve A Legislative Mystery, Elizabeth Brandt Jan 2009

Origins Of Idaho's Community Property System: An Attempt To Solve A Legislative Mystery, Elizabeth Brandt

Articles

No abstract provided.


Dreamers And Visionaries: The History Of Adr In Idaho, Maureen Laflin Jan 2009

Dreamers And Visionaries: The History Of Adr In Idaho, Maureen Laflin

Articles

No abstract provided.


The Endangered Species Act: What We Talk About When We Talk About Recovery, Dale Goble Jan 2009

The Endangered Species Act: What We Talk About When We Talk About Recovery, Dale Goble

Articles

No abstract provided.