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Articles 1 - 24 of 24
Full-Text Articles in Law
Uncertainty In Population Estimates For Endangered Animals And Improving The Recovery Process, Dale D. Goble
Uncertainty In Population Estimates For Endangered Animals And Improving The Recovery Process, Dale D. Goble
Articles
United States recovery plans contain biological information for a species listed under the Endangered Species Act and specify recovery criteria to provide basis for species recovery. The objective of our study was to evaluate whether recovery plans provide uncertainty (e.g., variance) with estimates of population size. We reviewed all finalized recovery plans for listed terrestrial vertebrate species to record the following data: (1) if a current population size was given, (2) if a measure of uncertainty or variance was associated with current estimates of population size and (3) if population size was stipulated for recovery. We found that 59% of …
A Textualist Approach To Purposivism In The Regulatory Arena, Linda Jellum
A Textualist Approach To Purposivism In The Regulatory Arena, Linda Jellum
Articles
No abstract provided.
To Verb Or Not To Verb, Jason G. Dykstra
The Judicial Role In New Democracies: A Strategic Account Of Comparative Citation, Johanna Kalb
The Judicial Role In New Democracies: A Strategic Account Of Comparative Citation, Johanna Kalb
Articles
No abstract provided.
Opinions Actionable As Securities Fraud, Wendy Gerwick Couture
Opinions Actionable As Securities Fraud, Wendy Gerwick Couture
Articles
This Article proposes a new analytical framework to apply to statements of opinion in securities fraud cases. Although statements of opinion form the basis of some of the most cutting edge securities fraud claims-such as those asserted against securities analysts and credit rating agencies-statements of opinion do not fit squarely within the elements of securities fraud. In particular, three issues arise: (1) When is a statement of opinion false so as to qualify as a misrepresentation? (2) When is a statement of opinion material? (3) And, for that matter, what is the distinction between a statement of fact and a …
Criminal Securities Fraud And The Lower Materiality Standard, Wendy Gerwick Couture
Criminal Securities Fraud And The Lower Materiality Standard, Wendy Gerwick Couture
Articles
No abstract provided.
Gauging The Success Of The Coeur D'Alene Lake Management Plan: An Example Of Tribal-State Cooperation, Dylan R. Hedden-Nicely
Gauging The Success Of The Coeur D'Alene Lake Management Plan: An Example Of Tribal-State Cooperation, Dylan R. Hedden-Nicely
Articles
No abstract provided.
Local Flood Control: Using Idaho's Flood Control District Statute To Enable Place-Based Stream Restoration, Jerrold A. Long
Local Flood Control: Using Idaho's Flood Control District Statute To Enable Place-Based Stream Restoration, Jerrold A. Long
Articles
No abstract provided.
The Widening Maturity Gap: Trying And Punishing Juveniles As Adults In An Era Of Extended Adolescence, David Pimentel
The Widening Maturity Gap: Trying And Punishing Juveniles As Adults In An Era Of Extended Adolescence, David Pimentel
Articles
No abstract provided.
Judicial Independence In Postconflict Iraq: Establishing The Rule Of Law In An Islamic Constitutional Democracy, David Pimentel
Judicial Independence In Postconflict Iraq: Establishing The Rule Of Law In An Islamic Constitutional Democracy, David Pimentel
Articles
No abstract provided.
Achieving Regulatory Reform By Encouraging Consensus, Richard Henry Seamon
Achieving Regulatory Reform By Encouraging Consensus, Richard Henry Seamon
Articles
No abstract provided.
Persons Who Are Not The People: The Changing Rights Of Immigrants In The United States, Geoffrey Heeren
Persons Who Are Not The People: The Changing Rights Of Immigrants In The United States, Geoffrey Heeren
Articles
Non-citizens have fared best in recent Supreme Court cases by piggybacking on federal rights when the actions of states are at issue, or by criticizing agency rationality when federal action is at issue. These two themes-federalism and agency skepticism-have proven in recent years to be more effective litigation frameworks than some individual rights-based theories like equal protection. This marks a substantial shift from the Burger Court era, when similar cases were more likely to be litigated and won on equal protection than on preemption or Administrative Procedure Act theories. This Article describes this shift, considers the reasons for it, and …
Legal Neighborhoods, Stephen R. Miller
Legal Neighborhoods, Stephen R. Miller
Articles
Political and legal tools have emerged since the 1970s, and especially in the last two decades, that provide political and legal power to neighborhoods. However, these tools are often used in an ad hoc fashion, and there has been scant analysis of how these tools might work together effectively. This Article asserts that those locations in cities that evoke a "sense of place" are created not just with architectural or landscape design, but by the operation of neighborhood legal tools as well. This Article argues that cities consciously overlay the panoply of emergent neighborhood legal tools as a means of …
The Visual And The Law Of Cities, Stephen R. Miller
Wealth Transfer Tax Planning For 2013 And Beyond, John A. Miller
Wealth Transfer Tax Planning For 2013 And Beyond, John A. Miller
Articles
No abstract provided.
Criminal Mediation Has Taken Root In Idaho's Courts, Maureen Laflin
Criminal Mediation Has Taken Root In Idaho's Courts, Maureen Laflin
Articles
No abstract provided.
Legitimacy, Adaptation And Resilience In Ecosystem Management, Barbara Cosens
Legitimacy, Adaptation And Resilience In Ecosystem Management, Barbara Cosens
Articles
Ecologists have made great strides in developing criteria for describing the resilience of an ecological system. In addition, expansion of that effort to social-ecological systems has begun the process of identifying changes to the social system necessary to foster resilience in an ecological system such as the use of adaptive management and integrated ecosystem management. However, these changes to governance needed to foster ecosystem resilience will not be adopted by democratic societies without careful attention to their effect on the social system itself. Delegation of increased flexibility for adaptive management to resource management agencies must include careful attention to assuring …
Resilience In Transboundary Water Governance: The Okavango River Basin, Barbara Cosens
Resilience In Transboundary Water Governance: The Okavango River Basin, Barbara Cosens
Articles
When the availability of a vital resource varies between times of overabundance and extreme scarcity, management regimes must manifest flexibility and authority to adapt while maintaining legitimacy. Unfortunately, the need for adaptability often conflicts with the desire for certainty in legal and regulatory regimes, and laws that fail to account for variability often result in conflict when the inevitable disturbance occurs. Additional keys to resilience are collaboration among physical scientists, political actors, local leaders, and other stakeholders, and, when the commons is shared among sovereign states, collaboration between and among institutions with authority to act at different scales or with …
Idahoans Aren't Getting The Legal Help They Need, Patrick D. Costello
Idahoans Aren't Getting The Legal Help They Need, Patrick D. Costello
Articles
No abstract provided.
New Priorities As The Endangered Species Act Turns 40, Dale Goble
New Priorities As The Endangered Species Act Turns 40, Dale Goble
Articles
No abstract provided.
Securities Regulation As Gap-Filler: The Example Of Hydraulic Fracturing, Wendy Gerwick Couture
Securities Regulation As Gap-Filler: The Example Of Hydraulic Fracturing, Wendy Gerwick Couture
Articles
No abstract provided.
Preserving Wealth And Inheritance Through Medicaid Planning For Long-Term Care, John A. Miller
Preserving Wealth And Inheritance Through Medicaid Planning For Long-Term Care, John A. Miller
Articles
No abstract provided.
Back To The Future: The In Loco Parentis Doctrine And Its Impact On Whether K-12 Schools And Teachers Owe A Fiduciary Duty To Students, John E. Rumel
Back To The Future: The In Loco Parentis Doctrine And Its Impact On Whether K-12 Schools And Teachers Owe A Fiduciary Duty To Students, John E. Rumel
Articles
No abstract provided.
Field Notes From Starting A Law School Clinic, Stephen R. Miller
Field Notes From Starting A Law School Clinic, Stephen R. Miller
Articles
The goal of this article is to provide guidance for clinicians starting new law school clinics through "field notes" of the author's experience starting a new Economic Development Clinic. Using personal experience as a reference point by which to discuss the new clinician's experience generally, the article first discusses the role of clinicians in the contemporary legal academy. Second, the article discusses how to find and choose clinic clients, which is arguably the most difficult part of starting a clinic. This section also offers a digression on framing community and economic development clinics, which the author argues also provides a …