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Articles 31 - 60 of 470
Full-Text Articles in Law
Indigenous Rights And Climate Change: The Influence Of Climate Change On The Quantification Of Reserved Instream Water Rights For American Indian Tribes, Dylan R. Hedden-Nicely
Indigenous Rights And Climate Change: The Influence Of Climate Change On The Quantification Of Reserved Instream Water Rights For American Indian Tribes, Dylan R. Hedden-Nicely
Articles
The people indigenous to the Western portion of the lands now referred to as North America have relied on aquatic species for physical, cultural, and spiritual sustenance for millennia. Such indigenous peoples, referred to in the American legal system as Indian tribes, are entitled to water rights for fish habitat pursuant to the Winters Doctrine, which holds that the federal government impliedly reserved water rights for tribes when reservations were created. Recently, the methodology for quantifying these rights has been the Instream Flow Incremental Methodology (IFIM) and/or one of its major components, the Physical Habitat Simulation Model (PHABSIM). These models …
Leading Through Collaboration: A Tribute To Distinguished Professor Barbara Cosens, Dylan R. Hedden-Nicely
Leading Through Collaboration: A Tribute To Distinguished Professor Barbara Cosens, Dylan R. Hedden-Nicely
Articles
No abstract provided.
Kidnapping Reconsidered: Courts Merger Tests Inadequately Remedy The Inequities Which Developed From Kidnapping's Sensationalized And Racialized History, Samuel P. Newton
Kidnapping Reconsidered: Courts Merger Tests Inadequately Remedy The Inequities Which Developed From Kidnapping's Sensationalized And Racialized History, Samuel P. Newton
Articles
No abstract provided.
The Blues And The Rule Of Law: Musical Expressions Of The Failure Of Justice, David Pimentel
The Blues And The Rule Of Law: Musical Expressions Of The Failure Of Justice, David Pimentel
Articles
No abstract provided.
Innovation In A Legal Vacuum: The Uncertain Legal Landscape For Shared Micro-Mobility, David Pimentel
Innovation In A Legal Vacuum: The Uncertain Legal Landscape For Shared Micro-Mobility, David Pimentel
Articles
The last few years have seen an explosion in the number and size shared of micro-mobility systems (“SMMS”) across the United States. Some of these systems have seen extraordinary success and the potential benefit of these systems to communities is considerable. However, SMMS have repeatedly ran into legal barriers that either prevent their implementation entirely, confuse and dissuade potential users, or otherwise limit SMMS’s potential positive impact. This paper reflects a detailed study of state laws relating to SMMS and the platforms commonly used in these systems. The study uncovered many inconsistencies with micro-mobility laws across the country. Currently, many …
Distancing Refugees, Geoffrey Heeren
Distancing Refugees, Geoffrey Heeren
Articles
Today, two systems exist for addressing the humanitarian claims of persons fleeing persecution. One system consists of refugees living in host countries, often in large camps, who ideally are then resettled in other countries or repatriated when it is safe to do so. The other system involves refugees arriving in a country and seeking asylum-a right with ancient religious roots. The first "encampment model" is fundamentally broken, as most refugees are housed in the developing or least developed world in terrible conditions for extended periods of time, with little or no realistic hope of resettlement elsewhere or repatriation. The developed …
An Instance Of Open Hardware: A Different Approach To Free And Open Source Hardware Licensing, Timothy Murphy
An Instance Of Open Hardware: A Different Approach To Free And Open Source Hardware Licensing, Timothy Murphy
Articles
As open source software ("OSS") has become more prevalent, and more widely accepted, many different OSS licenses have proliferated to provide different licensing constructs for licensors and licensees. The most popular OSS license is the GNU General Public License ("GPL"), which is protective of author rights and intended to foster an open software community. Because software source code and object code files are primarily protected by copyright, the options for license terms are relatively straightforward and well known. To the extent patent rights become an issue, various additional provisions have been proposed to address that issue in the context of …
Festschrift In Honor Of University Of Idaho Distinguished Professor Emeritus Dale Goble, Barbara Cosens
Festschrift In Honor Of University Of Idaho Distinguished Professor Emeritus Dale Goble, Barbara Cosens
Articles
No abstract provided.
A Tribute To Maureen Laflin, Elizabeth Brandt
Cultural Linguistics And Treaty Language: A Modernized Approach To Interpreting Treaty Language To Capture The Tribe's Understanding, Dylan R. Hedden-Nicely
Cultural Linguistics And Treaty Language: A Modernized Approach To Interpreting Treaty Language To Capture The Tribe's Understanding, Dylan R. Hedden-Nicely
Articles
Language is a reflection of a thought world. A worldview that has been shaped by place to describe one's identity in space and time does not equate to species relatedness as a default to know one another. In the legal system of the United States, there is acknowledgement of treaties in colonized lands that there are rights granted from the tribes and not to them, and those rights are land based. Yet, the Indigenous voice is dead before arrival, before it enters the room of science, justice, academe, or otherwise. The exclusion of Indigenous peoples at the table of knowledge …
Cultural Linguistics And Treaty Language: A Modernized Approach To Interpreting Treaty Language To Capture The Tribe's Understanding, Barbara Cosens
Cultural Linguistics And Treaty Language: A Modernized Approach To Interpreting Treaty Language To Capture The Tribe's Understanding, Barbara Cosens
Articles
Language is a reflection of a thought world. A worldview that has been shaped by place to describe one's identity in space and time does not equate to species relatedness as a default to know one another. In the legal system of the United States, there is acknowledgement of treaties in colonized lands that there are rights granted from the tribes and not to them, and those rights are land-based. Yet, the Indigenous voice is dead before arrival, before it enters the room of science, justice, academe, or otherwise. The exclusion of Indigenous peoples at the table of knowledge and …
The Contemporary Methodology For Quantifying Reserved Instream Flow Water Rights To Support Aquatic Habitat, Dylan R. Hedden-Nicely
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.
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
Shapeshifting Securities, Wendy Gerwick Couture
If You Provide, Will They Ride? Motivators And Deterrents To Shared Micro-Mobility, David Pimentel
If You Provide, Will They Ride? Motivators And Deterrents To Shared Micro-Mobility, David Pimentel
Articles
Bike share, e-bike share, and e-scooter systems (shared micro-mobility) are gaining popularity throughout the United States and internationally, but the optimal system design has not been determined. This study investigated motivators and deterrents to the use of such systems in the Pacific Northwest with secondary data, participant observations, depth interviews, and an on-line survey to users and non-users. The survey was administered in all cities in Washington, Oregon, and Idaho that have shared micro-mobility systems. The strongest motivators reported were exercise and enjoyment. The strongest deterrents were weather, danger from automobile traffic, and insufficient bike lanes and paths. The latter …
D. Benjamin Beard: A Law Professor For All Seasons, Richard Henry Seamon
D. Benjamin Beard: A Law Professor For All Seasons, Richard Henry Seamon
Articles
No abstract provided.
Zealous Administration: The Deportation Bureaucracy, Geoffrey Heeren
Zealous Administration: The Deportation Bureaucracy, Geoffrey Heeren
Articles
An agency's culture shapes its lawmaking. Under certain conditions, agency culture dominates decision-making so strongly that it mutes the influence of those factors that administrative law scholars have traditionally focused on including presidential will, judicial oversight, internal resistance, and public opinion. We call this undertheorized phenomenon "zealous administration." The immigration enforcement bureaucracy has vast discretion to remove unauthorized immigrants from the United States. Current immigration policies-such as indiscriminate deportation, family separation, and harsh detention-represent the most prominent example of zealous administration in the federal government. This Article focuses on that bureaucracy to plumb the causes and effects of zealous administration …
Designing Law To Enable Adaptive Governance Of Modern Wicked Problems, Barbara Cosens
Designing Law To Enable Adaptive Governance Of Modern Wicked Problems, Barbara Cosens
Articles
In the twenty-first century, our planet is facing a period of rapid and fundamental change resulting from human domination so extensive it is expected to be visible in the geologic record. The accelerating rate of change compounds the global social-ecological challenges already deemed "wicked" due to conflicting goals and scientific uncertainty. Understanding how connected natural and human systems respond to change is essential to understanding the governance required to navigate these modern wicked problems. This Article views change through the lens of complexity and resilience theories to inform the challenges of governance in a world dominated by such massive and …
Keeping Up With A Kardashian: Shedding Legal Educations' Vestigial Trade School Anxiety And Replacing The Dated Casebook Method With Modern Case-Based Learning, Jason G. Dykstra
Keeping Up With A Kardashian: Shedding Legal Educations' Vestigial Trade School Anxiety And Replacing The Dated Casebook Method With Modern Case-Based Learning, Jason G. Dykstra
Articles
No abstract provided.
Supermajoritarian Criminal Justice, Aliza Plener Cover
Supermajoritarian Criminal Justice, Aliza Plener Cover
Articles
Democracy is often equated with majority rule. But closer analysis reveals that, in theory and by constitutional design, our criminal justice system should be supermajoritarian, not majoritarian. The Constitution guarantees that criminal punishment may be imposed only when backed by the supermajoritarian-historically, unanimous-approval of a jury drawn from the community. And criminal law theorists' expressive and retributive justifications for criminal punishment implicitly rely on the existence of broad community consensus in favor of imposing it. Despite these constitutional and theoretical ideals, the criminal justice system today is majoritarian at best. Both harsh and contested, it has lost the structural mechanisms …
Could The Pope's Call To End The Death Penalty Keep Catholics Off Juries?, Aliza Plener Cover
Could The Pope's Call To End The Death Penalty Keep Catholics Off Juries?, Aliza Plener Cover
Articles
No abstract provided.
Principles For State Prosecution Of Securities Crime In A Dual-Regulatory, Multi-Enforcer Regime, Wendy Gerwick Couture
Principles For State Prosecution Of Securities Crime In A Dual-Regulatory, Multi-Enforcer Regime, Wendy Gerwick Couture
Articles
This article proposes principles for the exercise of prosecutorial discretion when prosecuting securities crime under state law. Securities transactions in the United States are subject to a dual-regulatory, multi-enforcer regime. Securities are dually regulated by the federal government and the states, with each regulatory scheme including both civil and criminal enforcement provisions. Those laws are multi-enforced at each level by a regulator, private parties, and prosecutors. And yet, the role of state prosecution of securities crime within this regime is undertheorized, and there is little guidance for state prosecutors about how their prosecutorial decisions affect this regime. This article, drawing …
University Of Idaho's Entrepreneurship Law Clinic: Providing Free Legal Services For Idaho Ventures, Timothy Murphy
University Of Idaho's Entrepreneurship Law Clinic: Providing Free Legal Services For Idaho Ventures, Timothy Murphy
Articles
No abstract provided.
You're Fired: Why The Alj Multi-Track Dual Removal Provisions Violate The Constitution And Possible Fixes, Linda Jellum
You're Fired: Why The Alj Multi-Track Dual Removal Provisions Violate The Constitution And Possible Fixes, Linda Jellum
Articles
No abstract provided.
Avoiding Gatekeeper Bias In Hiring Decisions, Brenda Bauges
Avoiding Gatekeeper Bias In Hiring Decisions, Brenda Bauges
Articles
No abstract provided.
Punishing Families For Being Poor: How Child Protection Interventions Threaten The Right To Parent While Impoverished, David Pimentel
Punishing Families For Being Poor: How Child Protection Interventions Threaten The Right To Parent While Impoverished, David Pimentel
Articles
No abstract provided.
Cyan, Reverse-Erie, And The Pslra Discovery Stay In State Court, Wendy Gerwick Couture
Cyan, Reverse-Erie, And The Pslra Discovery Stay In State Court, Wendy Gerwick Couture
Articles
No abstract provided.
Prosecuting Securities Fraud Under Section 17(A)(2), Wendy Gerwick Couture
Prosecuting Securities Fraud Under Section 17(A)(2), Wendy Gerwick Couture
Articles
No abstract provided.
Women In Law: A Statistical Review Of The Status Of Women Attorneys In Idaho, Jessica Gunder
Women In Law: A Statistical Review Of The Status Of Women Attorneys In Idaho, Jessica Gunder
Articles
No abstract provided.