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UIdaho Law

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Articles 151 - 180 of 470

Full-Text Articles in Law

False Statements Of Belief As Securities Fraud, Wendy Gerwick Couture Jan 2015

False Statements Of Belief As Securities Fraud, Wendy Gerwick Couture

Articles

No abstract provided.


On Law-Breaking And Law's Legitimacy, Aliza Plener Cover Jan 2015

On Law-Breaking And Law's Legitimacy, Aliza Plener Cover

Articles

No abstract provided.


Rule Of Law Reform In Transitional States: Bringing Method To The Madness - A Review Of Advancing The Rule Of Law Abroad: Next Generation Reform By Rachel Kleinfeld, David Pimentel Jan 2015

Rule Of Law Reform In Transitional States: Bringing Method To The Madness - A Review Of Advancing The Rule Of Law Abroad: Next Generation Reform By Rachel Kleinfeld, David Pimentel

Articles

No abstract provided.


J. Skelly Wright's Democratic First Amendment, Johanna Kalb Jan 2015

J. Skelly Wright's Democratic First Amendment, Johanna Kalb

Articles

No abstract provided.


Beyond Nexus: A Framework For Evaluating K-12 Teacher Off-Duty Conduct And Speech In Adverse Employment And Licensure Proceedings, John E. Rumel Jan 2015

Beyond Nexus: A Framework For Evaluating K-12 Teacher Off-Duty Conduct And Speech In Adverse Employment And Licensure Proceedings, John E. Rumel

Articles

No abstract provided.


Medicaid Spend Down, Estate Recovery And Divorce: Doctrine, Planning, And Policy, John A. Miller Jan 2015

Medicaid Spend Down, Estate Recovery And Divorce: Doctrine, Planning, And Policy, John A. Miller

Articles

Medicaid is the need-based government program that pays for much of the health care for the poor in the United States. Medicaid often ends up paying the costs of nursing home care for middle-class seniors who have descended into poverty as a result of the high costs of such care. For married couples, Medicaid requires a “spend down” of both spouses’ assets before one spouse can qualify for Medicaid support. This Article posits that, unless the law is changed, divorce may well become standard Medicaid planning practice in many circumstances. This will be especially true for middle and upper-middle-class married …


Community Rights And The Municipal Police Power, Stephen R. Miller Jan 2015

Community Rights And The Municipal Police Power, Stephen R. Miller

Articles

No abstract provided.


A Coordinated Approach To Food Safety And Land Use Law At The Urban Fringe, Stephen R. Miller Jan 2015

A Coordinated Approach To Food Safety And Land Use Law At The Urban Fringe, Stephen R. Miller

Articles

No abstract provided.


Medicaid Planning For Long-Term Care: California Style, John A. Miller Jan 2015

Medicaid Planning For Long-Term Care: California Style, John A. Miller

Articles

No abstract provided.


The Impact Of Obergefell: Tradition Marriage's New Lease On Life, David Pimentel Jan 2015

The Impact Of Obergefell: Tradition Marriage's New Lease On Life, David Pimentel

Articles

The Supreme Court's decision in Obergefell v. Hodges in June 2015 provided a dramatic turn in America's ongoing debate over same-sex marriage. Justice Kennedy's opinion speaks in emotionally evocative terms about the compelling societal and personal significance of marriage, holding that the right to marry is a fundamental right under the Fourteenth Amendment, a right that extends to same-sex couples. Justice Kennedy's rhetoric about the importance of marriage is noteworthy, even curious, given marriage's steady decline over the past 50 years. Just when it seemed that marriage was losing its significance in our society-because marriages are more easily ended, because …


Legal Education As A Rule Of Law Strategy - Problems And Opportunities With U.S.-Based Programs, David Pimentel Jan 2015

Legal Education As A Rule Of Law Strategy - Problems And Opportunities With U.S.-Based Programs, David Pimentel

Articles

No abstract provided.


Archetypes Of Faith: How Americans See, And Believe In, Their Constitution, Aliza Plener Cover Jan 2015

Archetypes Of Faith: How Americans See, And Believe In, Their Constitution, Aliza Plener Cover

Articles

In this Article, I offer a new framework to illuminate how American faith in the Constitution is sustained over time. I build upon the evocative Passover story of the Four Sons—one of whom is wise, one wicked, one simple, and one who does not know how to ask—and argue that these archetypes resonate deeply in the constitutional context. I identify the “wise sons” of the American constitutional community—the legal elites who maintain the vitality of the constitutional faith through a fastidious, intergenerational, yet somewhat detached analysis of the intricacies of law; the “simple sons”—the People writ large, who relate to …


Coeur D'Alene Tribe's Enduring Relation To Water -- A Legal History, Dylan R. Hedden-Nicely Oct 2014

Coeur D'Alene Tribe's Enduring Relation To Water -- A Legal History, Dylan R. Hedden-Nicely

Articles

No abstract provided.


Coeur D'Alene Tribe's Claims In The Coeur D'Alene-Spokane River Basin Adjudication, Dylan R. Hedden-Nicely Oct 2014

Coeur D'Alene Tribe's Claims In The Coeur D'Alene-Spokane River Basin Adjudication, Dylan R. Hedden-Nicely

Articles

No abstract provided.


Judge Wald And Justice Scalia Dance The Chevron Two-Step, Linda Jellum Feb 2014

Judge Wald And Justice Scalia Dance The Chevron Two-Step, Linda Jellum

Articles

No abstract provided.


Prospects For The Rule Of Law In South Sudan, David Pimentel Jan 2014

Prospects For The Rule Of Law In South Sudan, David Pimentel

Articles

No abstract provided.


Toward An "Unqualified" Otherwise Qualified Standard: Job Prerequisites And Reasonable Accommodation Under The Americans With Disabilities Acts, John E. Rumel Jan 2014

Toward An "Unqualified" Otherwise Qualified Standard: Job Prerequisites And Reasonable Accommodation Under The Americans With Disabilities Acts, John E. Rumel

Articles

No abstract provided.


Around The World Of Securities Fraud In Eighty Motions To Dismiss, Wendy Gerwick Couture Jan 2014

Around The World Of Securities Fraud In Eighty Motions To Dismiss, Wendy Gerwick Couture

Articles

No abstract provided.


The Collision Between The First Amendment And Securities Fraud, Wendy Gerwick Couture Jan 2014

The Collision Between The First Amendment And Securities Fraud, Wendy Gerwick Couture

Articles

This Article seeks to correct the imbalance that occurs when the First Amendment and securities fraud collide. Under current precedent, securities analysts, credit rating agencies, and financial journalists are subject to differing liability standards depending on whether they are sued for defamation or for securities fraud. Under New York Times Co. v. Sullivan, First Amendment protections apply in the defamation context in order to prevent the chilling of valuable speech, yet courts have declined to extend these protections to the securities fraud context. This imbalance threatens to chill valuable speech about public companies. To prevent the dangerous chilling effect of …


The Pslra Discovery Stay Meets Complex Litigation: Five Questions Answered, Wendy Gerwick Couture Jan 2014

The Pslra Discovery Stay Meets Complex Litigation: Five Questions Answered, Wendy Gerwick Couture

Articles

No abstract provided.


Securities Regulation Of Alternative Litigation Finance, Wendy Gerwick Couture Jan 2014

Securities Regulation Of Alternative Litigation Finance, Wendy Gerwick Couture

Articles

No abstract provided.


Shattering The One-Way Mirror: Discovery In Immigration Court, Geoffrey Heeren Jan 2014

Shattering The One-Way Mirror: Discovery In Immigration Court, Geoffrey Heeren

Articles

No abstract provided.


It's Worth The Hassle Part Ii: How Does The Baby Veronica Case Impact Cases Involving Indian Children?, Elizabeth Brandt Jan 2014

It's Worth The Hassle Part Ii: How Does The Baby Veronica Case Impact Cases Involving Indian Children?, Elizabeth Brandt

Articles

No abstract provided.


Symposium Introduction: Resilient Cities: Environment, Economy, Equity, Stephen R. Miller Jan 2014

Symposium Introduction: Resilient Cities: Environment, Economy, Equity, Stephen R. Miller

Articles

No abstract provided.


Three Legal Approaches To Rural Economic Development, Stephen R. Miller Jan 2014

Three Legal Approaches To Rural Economic Development, Stephen R. Miller

Articles

No abstract provided.


The Enigma Of The Single Entity, Mark Anderson Jan 2014

The Enigma Of The Single Entity, Mark Anderson

Articles

No abstract provided.


Codifying And Miscodifying Judicial Anti-Abuse Tax Doctrines, Linda Jellum Jan 2014

Codifying And Miscodifying Judicial Anti-Abuse Tax Doctrines, Linda Jellum

Articles

No abstract provided.


Remedial And Preventive Responses To The Unauthorized Practice Of Immigration Law, Monique C. Lillard Jan 2014

Remedial And Preventive Responses To The Unauthorized Practice Of Immigration Law, Monique C. Lillard

Articles

No abstract provided.


The U.S. Supreme Court Sidetracks Idaho Implied Consent Law, Richard Henry Seamon Jan 2014

The U.S. Supreme Court Sidetracks Idaho Implied Consent Law, Richard Henry Seamon

Articles

No abstract provided.


Cruel And Invisible Punishment: Redeeming The Counter-Majoritarian Eighth Amendment, Aliza Plener Cover Jan 2014

Cruel And Invisible Punishment: Redeeming The Counter-Majoritarian Eighth Amendment, Aliza Plener Cover

Articles

No abstract provided.