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Articles 1 - 26 of 26
Full-Text Articles in Law
Price Impact Possibilities, Wendy Gerwick Couture
Ag-Gag Free Detroit, Shaakirrah R. Sanders
College Of Law Committed To Native Law Program, Mark Adams
College Of Law Committed To Native Law Program, Mark Adams
Articles
No abstract provided.
Local Official And Climate Change, Stephen R. Miller
Local Official And Climate Change, Stephen R. Miller
Articles
It is well-known that land use patterns can affect climate change—particularly the relation between land use development and transportation infrastructure. Yet even the most aggressive efforts to address climate change have largely ignored land use. This disconnect was noted in the Intergovernmental Panel on Climate Change’s most recent series of reports, collectively known as the Fifth Assessment Report (AR5). This Article, adapted from Chapter 5 of Contemporary Issues in Climate Change Law & Policy (ELI Press 2016), seeks to make insights into land use development from the AR5 more readily accessible to the U.S. local official, with emphasis on issues …
Super Strong Clear Statement Rules Down Under, Linda Jellum
Super Strong Clear Statement Rules Down Under, Linda Jellum
Articles
No abstract provided.
Financing Local Food Factories, Stephen R. Miller
Water Law Reform In The Face Of Climate Change: Learning From Drought In Australia And The Western United States, Barbara Cosens
Water Law Reform In The Face Of Climate Change: Learning From Drought In Australia And The Western United States, Barbara Cosens
Articles
Western societies have developed three approaches to governance of common pool resources such as water: 1) The division of the resource into private property; (2) government regulation; and 3) local self-organization. This article asserts that all three are needed in varying combinations to rise to the challenge presented by the impact of climate change on water supply and demand. Drought presents a preview of potential future climate scenarios and Australia and the western United States are both responding to its harshness through innovation in water governance. These experiments present an opportunity to compare the approaches of Australia and the western …
First Principles For Regulating The Sharing Economy, Stephen R. Miller
First Principles For Regulating The Sharing Economy, Stephen R. Miller
Articles
This Article posits ten first principles on which a regulatory response to the sharing economy must rest. Given the rapid diversification of products in the sharing economy, this Article gives particular focus to the short-term rental market, typified by Airbnb, as one lens through which to illustrate these principles. This Article then turns to review existing regulatory responses to the sharing economy. Here again, the Article focuses on regulations related to the shortterm rental market with a particular emphasis on the two strictest, existing local government regulatory structures: those of San Francisco, California and Portland, Oregon. This Article next proposes …
Eighth Amendment's Lost Jurors: Death Qualification And Evolving Standards Of Decency, Aliza Plener Cover
Eighth Amendment's Lost Jurors: Death Qualification And Evolving Standards Of Decency, Aliza Plener Cover
Articles
The Supreme Court’s inquiry into the constitutionality of the death penalty has overlooked a critical “objective indicator” of society’s “evolving standards of decency”: the rate at which citizens are excluded from capital jury service under Witherspoon v. Illinois due to their conscientious objections to the death penalty. While the Supreme Court considers the prevalence of death verdicts as a gauge of the nation’s moral climate, it has ignored how the process of death qualification shapes those verdicts. This blind spot biases the Court’s estimation of community norms and distorts its Eighth Amendment analysis.
This Article presents a quantitative study of …
Evaluating International State Constitutionalism, Johanna Kalb
Evaluating International State Constitutionalism, Johanna Kalb
Articles
No abstract provided.
The Legislative History Of The Mccarran Amendment: An Effort To Determine Whether Congress Intended For State Court Jurisdiction To Extend To Indian Reserved Water Rights, Dylan R. Hedden-Nicely
The Legislative History Of The Mccarran Amendment: An Effort To Determine Whether Congress Intended For State Court Jurisdiction To Extend To Indian Reserved Water Rights, Dylan R. Hedden-Nicely
Articles
The year 1976 marked a sea change in federal policy regarding the treatment of American Indian tribes and their water rights. In that year, the Supreme Court of the United States was called upon to determine the scope of the McCarran Amendment, a rider on a federal appropriations bill that waived the sovereign immunity of the United States in state court general stream adjudications "where it appears that the United States is the owner or is in the process of acquiring water rights by appropriation under State law, by purchase, by exchange, or otherwise." The Supreme Court, in what has …
Transmission And Transport Of Energy In The Western U.S. And Canada: A Law And Policy Road Map, Stephen R. Miller
Transmission And Transport Of Energy In The Western U.S. And Canada: A Law And Policy Road Map, Stephen R. Miller
Articles
No abstract provided.
The Columbia River Treaty: An Opportunity For Modernization Of Basin Governance, Barbara Cosens
The Columbia River Treaty: An Opportunity For Modernization Of Basin Governance, Barbara Cosens
Articles
No abstract provided.
Entity Exit: Rights, Remedies, And Bounded Rationality, Mark Anderson
Entity Exit: Rights, Remedies, And Bounded Rationality, Mark Anderson
Articles
No abstract provided.
Avoiding Decline: Fostering Resilience And Sustainability In Midsize Cities, Barbara Cosens
Avoiding Decline: Fostering Resilience And Sustainability In Midsize Cities, Barbara Cosens
Articles
Eighty-five percent of United States citizens live in urban areas. However, research surrounding the resilience and sustainability of complex urban systems focuses largely on coastal megacities (>1 million people). Midsize cities differ from their larger counterparts due to tight urban-rural feedbacks with their immediate natural environments that result from heavy reliance and close management of local ecosystem services. They also may be less path-dependent than larger cities due to shorter average connection length among system components, contributing to higher responsiveness among social, infrastructural, and ecological feedbacks. These distinct midsize city features call for a framework that organizes information and …
Challenges And Opportunities Of The Expiring Columbia River Treaty, Barbara Cosens
Challenges And Opportunities Of The Expiring Columbia River Treaty, Barbara Cosens
Articles
No abstract provided.
Adaptive Governance Of Water Resources Shared With Indigenous Peoples: The Role Of Law, Barbara Cosens
Adaptive Governance Of Water Resources Shared With Indigenous Peoples: The Role Of Law, Barbara Cosens
Articles
Adaptive governance is an emergent phenomenon resulting from the interaction of locally driven collaborative efforts with a hierarchy of governmental regulation and management and is thought to be capable of navigating social-ecological change as society responds to the effects of climate change. The assertion of Native American water rights on highly developed water systems in North America has triggered governance innovations that resemble certain aspects of adaptive governance, and have emerged to accommodate the need for Indigenous water development and restoration of cultural and ecological resources. Similar innovations are observed in the assertion of Indigenous voices in Australia. This presents …
Protecting The Free-Range Kid: Recalibrating Parents' Rights And The Best Interest Of The Child, David Pimentel
Protecting The Free-Range Kid: Recalibrating Parents' Rights And The Best Interest Of The Child, David Pimentel
Articles
No abstract provided.
Balancing Judicial Independence And Accountability In A Transitional State: The Case Of Thailand, David Pimentel
Balancing Judicial Independence And Accountability In A Transitional State: The Case Of Thailand, David Pimentel
Articles
Balancing judicial independence against judicial accountability is a classic problem, but the debate has often taken place without reference to specific legal cultures and traditions, and there is compelling reason to believe that the “right” balance may be different in different societies. Thailand is in transition, so the models of established Western democracies may be ill-suited to the problems and issues of the Thai judiciary. Moreover, independence and accountability are not ends in themselves, but means to the same end: that of fair, impartial, and effective justice. Independence can help, primarily by bolstering the “judicial courage” exercised by judges called …
First Principles For Regulating The Sharing Economy, Stephen R. Miller
First Principles For Regulating The Sharing Economy, Stephen R. Miller
Articles
This Article posits ten first principles on which a regulatory response to the sharing economy must rest. Given the rapid diversification of products in the sharing economy, this Article gives particular focus to the short-term rental market, typified by Airbnb, as one lens through which to illustrate these principles. This Article then turns to review existing regulatory responses to the sharing economy. Here again, the Article focuses on regulations related to the short-term rental market with a particular emphasis on the two strictest, existing local government regulatory structures: those of San Francisco, California and Portland, Oregon. This Article next proposes …
Deconstructing Juryless Fact-Finding In Civil Cases, Shaakirrah R. Sanders
Deconstructing Juryless Fact-Finding In Civil Cases, Shaakirrah R. Sanders
Articles
In many states, legislatures have mandated juryless fact-finding in common law– based civil cases by imposing compensatory damage caps that effectively lessen the jury’s traditional and historic role as injury valuator. The primary purpose of most caps was to reign in “excessive” civil jury verdicts, which allegedly caused “skyrocketing” medical malpractice insurance premiums and litigation costs. But no legislatively imposed cap is triggered by a preliminary finding of excessiveness. Trial judges have no authority to determine whether application of a cap is just or fair to the (often) severely injured plaintiff. Despite a shared interpretive methodology with regards to the …
Decentralized, Disruptive, And On Demand: Opportunities For Local Government In The Sharing Economy, Stephen R. Miller
Decentralized, Disruptive, And On Demand: Opportunities For Local Government In The Sharing Economy, Stephen R. Miller
Articles
No abstract provided.
The Value Of Confrontation As A Felony Sentencing Right, Shaakirrah R. Sanders
The Value Of Confrontation As A Felony Sentencing Right, Shaakirrah R. Sanders
Articles
No abstract provided.
Women On State Boards And Commissions: Is Idaho Where It Wants To Be?, Brenda Bauges
Women On State Boards And Commissions: Is Idaho Where It Wants To Be?, Brenda Bauges
Articles
No abstract provided.
Planning For Wildfire In The Wildland-Urban Interface, Stephen R. Miller
Planning For Wildfire In The Wildland-Urban Interface, Stephen R. Miller
Articles
No abstract provided.
Medicaid Planning In Idaho, John A. Miller