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Articles 1 - 25 of 25
Full-Text Articles in Law
Teasing The Arc Of Electric Spark: Fostering And Teaching Creativity In The Law School Curriculum, Jason G. Dykstra
Teasing The Arc Of Electric Spark: Fostering And Teaching Creativity In The Law School Curriculum, Jason G. Dykstra
Articles
No abstract provided.
Congressional Power To Guarantee State Democracy, Benjamin Plener Cover
Congressional Power To Guarantee State Democracy, Benjamin Plener Cover
Articles
No abstract provided.
Balancing Religious Liberties And Antidiscrimination Interests In The Public Employment Context: The Impact Of Masterpiece Cakeshop And American Legion, Brenda Bauges
Articles
No abstract provided.
A Tribute To Professor Monique Lillard, John E. Rumel
Mark D. Anderson: A Teacher's Teacher And A Scholar's Scholar, Wendy Gerwick Couture
Mark D. Anderson: A Teacher's Teacher And A Scholar's Scholar, Wendy Gerwick Couture
Articles
No abstract provided.
The Historical Evolution Of The Methodology For Quantifying Federal Reserved Instream Water Rights For American Indian Tribes, Dylan R. Hedden-Nicely
The Historical Evolution Of The Methodology For Quantifying Federal Reserved Instream Water Rights For American Indian Tribes, Dylan R. Hedden-Nicely
Articles
From the earliest days of their relationship with the United States, the tribes from the region today referred to as the Northwestern United States have been steadfast in their effort to protect the land, waters, plants, and animals of their traditional homelands. That effort is not coincidental; North America's indigenous people have a singular relationship to the environment they have been a part of for millennia. In particular, they have relied on the streams of their territory for food, fiber, transportation, recreation, cultural, and spiritual sustenance. As a result, through litigation, restoration, and conservation management, tribes have focused on maintaining …
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 …