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Articles 1 - 23 of 23

Full-Text Articles in Law

Avoid These Eleven Common Evidentiary Mistakes, John E. Rumel Oct 2017

Avoid These Eleven Common Evidentiary Mistakes, John E. Rumel

Articles

No abstract provided.


Modernization Of The Columbia River Treaty: An Opportunity For Idaho, Barbara Cosens Aug 2017

Modernization Of The Columbia River Treaty: An Opportunity For Idaho, Barbara Cosens

Articles

No abstract provided.


Chair Message, Anastasia Telesetsky Aug 2017

Chair Message, Anastasia Telesetsky

Articles

No abstract provided.


Rest In Peace, Rule 505, Wendy Gerwick Couture Jul 2017

Rest In Peace, Rule 505, Wendy Gerwick Couture

Articles

After 37 years in existence,1 the Rule 505 exemption from registration has been repealed, effective May 22, 2017. This essay reviews the evolution of Rule 505 over its lifetime; examines Rule 505’s role within Regulation D and analyzes why that role eventually became obsolete; and argues that Rule 505 leaves behind a legacy that should continue to inform policy discussions about exemptions from registration.


The Global North, The Global South, And The Challenges Of Ensuring Due Diligence For Sustainable Fishing Governance, Anastasia Telesetsky Jul 2017

The Global North, The Global South, And The Challenges Of Ensuring Due Diligence For Sustainable Fishing Governance, Anastasia Telesetsky

Articles

No abstract provided.


U.S. Seafood Traceability As Food Law And The Future Of Marine Fisheries, Anastasia Telesetsky Jul 2017

U.S. Seafood Traceability As Food Law And The Future Of Marine Fisheries, Anastasia Telesetsky

Articles

No abstract provided.


Camouflaging State Biosimilar Laws As Pro-Patient Legislation, Katherine Macfarlane Jul 2017

Camouflaging State Biosimilar Laws As Pro-Patient Legislation, Katherine Macfarlane

Articles

No abstract provided.


Reviews And Reflections On Planned Communities, Stephen R. Miller Jul 2017

Reviews And Reflections On Planned Communities, Stephen R. Miller

Articles

No abstract provided.


Forfeitures And The Eighth Amendment: A Practical Approach To The Excessive Fines Clause As A Check On Government Seizures, David Pimentel Jul 2017

Forfeitures And The Eighth Amendment: A Practical Approach To The Excessive Fines Clause As A Check On Government Seizures, David Pimentel

Articles

No abstract provided.


Public Employee Speech: Answering The Unanswered And Related Questions In Lanke V. Franks, John E. Rumel Apr 2017

Public Employee Speech: Answering The Unanswered And Related Questions In Lanke V. Franks, John E. Rumel

Articles

No abstract provided.


Eco-Restoration, Private Landowners, And Overcoming The Status Quo Bias, Anastasia Telesetsky Jan 2017

Eco-Restoration, Private Landowners, And Overcoming The Status Quo Bias, Anastasia Telesetsky

Articles

No abstract provided.


Regime Shifts And Panarchies In Regional Scale Social-Ecological Water Systems, Barbara Cosens Jan 2017

Regime Shifts And Panarchies In Regional Scale Social-Ecological Water Systems, Barbara Cosens

Articles

In this article we summarize histories of nonlinear, complex interactions among societal, legal, and ecosystem dynamics in six North American water basins, as they respond to changing climate. These case studies were chosen to explore the conditions for emergence of adaptive governance in heavily regulated and developed social-ecological systems nested within a hierarchical governmental system. We summarize resilience assessments conducted in each system to provide a synthesis and reference by the other articles in this special feature. We also present a general framework used to evaluate the interactions between society and ecosystem regimes and the governance regimes chosen to mediate ...


Glass Half-Empty Approach To Securities Regulation, Wendy Gerwick Couture Jan 2017

Glass Half-Empty Approach To Securities Regulation, Wendy Gerwick Couture

Articles

In this Article, I propose a novel approach, which I call the “glass-half-empty” approach, to analyze the appropriate boundaries of securities regulation. This approach assumes a baseline of “full” regulation and then analyzes which regulations should be stripped away because the costs exceed the benefits. This is the opposite of the traditional approach, which assumes a baseline of zero regulation, identifies a market failure, and then weighs the costs and benefits of regulatory intervention.

Although, in theory, the two approaches should reach the same conclusions about the appropriate bounds of securities regulation, the glass-half-empty approach yields new insights because it ...


First Amendment Right To A Remedy, Benjamin Plener Cover Jan 2017

First Amendment Right To A Remedy, Benjamin Plener Cover

Articles

Scholars and jurists agree that the First Amendment right “to petition the Government for a redress of grievances” includes a right of court access, but narrowly define this right as the right to file a lawsuit. This dominant view fails to meaningfully differentiate between the right to petition, the freedom of speech, and due process, missing the distinct significance of the Petition Clause when individuals petition courts. The most significant threats to court access today occur after the filing stage, when courts deny or limit remedies to legally injured persons — by enforcing a mandatory arbitration provision or an exhaustion requirement ...


Chile, The Biobio, And The Future Of The Columbia River Basin, Jerrold A. Long Jan 2017

Chile, The Biobio, And The Future Of The Columbia River Basin, Jerrold A. Long

Articles

No abstract provided.


Regulation Of Teacher Certification In Idaho: Proceedings Before Idaho's Professional Standards Commission Covering The Denial Of An Application For Or Action Against A Teaching Certificate, John E. Rumel Jan 2017

Regulation Of Teacher Certification In Idaho: Proceedings Before Idaho's Professional Standards Commission Covering The Denial Of An Application For Or Action Against A Teaching Certificate, John E. Rumel

Articles

No abstract provided.


Airbnb And The Battle Between Internet Exceptionalism And Local Control Of Land Use, Stephen R. Miller Jan 2017

Airbnb And The Battle Between Internet Exceptionalism And Local Control Of Land Use, Stephen R. Miller

Articles

No abstract provided.


Local Environmental Regulation In The Mountain West, Stephen R. Miller Jan 2017

Local Environmental Regulation In The Mountain West, Stephen R. Miller

Articles

This article takes the opportunity to reflect upon the rapid rise and maturation of local environmental regulation in the Mountain West, which has been one of the country’s fastest growing regions in the last twenty-five years. Section I of this article first offers several reasons why local environmental regulation has become popular over the past several decades in the Mountain West. The article then explores several of the key forms of local environmental regulation to emerge. Section II focuses on those local environmental regulations that address living with and preserving access to the natural environment, both of which are ...


Sharing Economy Meets The Sherman Act: Is Uber A Firm, A Cartel, Or Something In Between?, Mark Anderson Jan 2017

Sharing Economy Meets The Sherman Act: Is Uber A Firm, A Cartel, Or Something In Between?, Mark Anderson

Articles

The sharing economy is a new industrial structure that is made possible by instantaneous internet communication and changes in the life, work, and purchasing habits of individual entrepreneurs and consumers. Antitrust law is an economic regulatory scheme dating back to 1890 in the United States that is designed to address centrally controlled concentrations of economic power and the threats that those concentrations pose to consumer interests and economic efficiency. In order to accommodate a modern enterprise structure in which thousands or millions of independent contractors join forces to provide a service by agreement among themselves, antitrust law requires re-envisioning and ...


Supreme Court Supremacy In A Time Of Turmoil: James V. City Of Boise, Richard Henry Seamon Jan 2017

Supreme Court Supremacy In A Time Of Turmoil: James V. City Of Boise, Richard Henry Seamon

Articles

No abstract provided.


Cycling, Safety, And Victim-Blaming: Toward A Coherent Public Policy For Bicycling In 21st Century America, David Pimentel Jan 2017

Cycling, Safety, And Victim-Blaming: Toward A Coherent Public Policy For Bicycling In 21st Century America, David Pimentel

Articles

No abstract provided.


Risk Of Regulatory Arbitrage: A Response To "Securities Regulation In Virtual Space", Wendy Gerwick Couture Jan 2017

Risk Of Regulatory Arbitrage: A Response To "Securities Regulation In Virtual Space", Wendy Gerwick Couture

Articles

In Securities Regulation in Virtual Space, Eric C. Chaffee explores the potential applicability of the securities laws to virtual transactions based on virtual activity and argues that, although many of these transactions likely qualify as “investment contracts” under S.E.C. v. W.J. Howey Co., they should be excluded under the context clause because, among other reasons, application of the securities laws would stifle creativity within this innovative space. This Response proposes a reframing of the Howey test as a response to the risk of regulatory arbitrage, argues that the context clause should only exclude transactions that do not ...


Hybrid Jury Strikes, Aliza Plener Cover Jan 2017

Hybrid Jury Strikes, Aliza Plener Cover

Articles

Modern jury selection is pulled in two directions. Equal protection prohibits racial discrimination, but the traditional peremptory strike permits exclusion of a juror without explanation. To reconcile this tension, the Court developed the Batson framework, requiring lawyers to articulate ex post race-neutral justifications for suspicious strikes. But many doubt Batson's efficacy at uncovering latent discrimination. During the 2015-16 term, while recognizing a Batson violation in Foster v. Chatman, the Supreme Court counter-intuitively reinforced this concern. Foster is the rare case in which prosecutors documented in writing their reliance on race. A framework that depends on such transparency is weak ...