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Full-Text Articles in Law
State Of Alaska V. Native Village Of Tanana: Enhancing Tribal Power By Affirming Concurrent Tribal Jurisdiction To Initiate Icwa Defined Child Custody Proceedings, Both Inside And Outside Of Indian Country, Heather Kendall-Miller
State Of Alaska V. Native Village Of Tanana: Enhancing Tribal Power By Affirming Concurrent Tribal Jurisdiction To Initiate Icwa Defined Child Custody Proceedings, Both Inside And Outside Of Indian Country, Heather Kendall-Miller
Alaska Law Review
This Article provides an overview of the significant cases that have defined state-tribal relations in Alaska as related to Indian child proceedings and further discusses various policies that have been implemented over time. After outlining these cases and shifting policies, the Article examines the current state of the law in Alaska with a focus on State v. Native Village of Tanana, which clarified confusion regarding the inherent jurisdiction held by federally recognized Alaska Native tribes to initiate the Indian Child Welfare Act (ICWA)-defined child custody proceedings. Finally, the Article discusses those jurisdictional questions left unresolved by Tanana to be decided …
Alvarado Revisited: A Missing Element In Alaska’S Quest To Provide Impartial Juries For Rural Alaskans, Jeff D. May
Alvarado Revisited: A Missing Element In Alaska’S Quest To Provide Impartial Juries For Rural Alaskans, Jeff D. May
Alaska Law Review
In Alvarado v. State, the Alaska Supreme Court declared that an impartial jury is a cross section of the community and that the community where the events at issue transpired must be represented in the jury. This decision spurred changes to jury selection procedures and the creation of Criminal Rule 18, an effort to ensure defendants from remote villages are judged by a jury representative of these rural areas. The Alaska Court of Appeals recently addressed an issue of first impression regarding the application of Criminal Rule 18. In Joseph v. State, the defendant was convicted of murdering his …
Introduction To Researching Alaska Legislative History Materials, Susan Falk
Introduction To Researching Alaska Legislative History Materials, Susan Falk
Alaska Law Review
No abstract provided.
Fair Is Fair—Reshaping Alaska’S Unfair Trade Practices And Consumer Protection Act, Ryan P. O'Quinn, Thomas Watterson
Fair Is Fair—Reshaping Alaska’S Unfair Trade Practices And Consumer Protection Act, Ryan P. O'Quinn, Thomas Watterson
Alaska Law Review
Few fields of law impact as wide a swath of population as consumer protection law. Alaska adopted its consumer protection statute, the Unfair Trade Practices and Consumer Protection Act (UTPCPA), amid a national movement to strengthen consumer protection laws. The UTPCPA uses broad language to encompass a wide range of conduct. However, creative pleading and recent applications of the UTPCPA have expanded the law in ways that threaten Alaska businesses even in the absence of culpable conduct. This Note reviews the history of consumer protection, Alaska’s UTPCPA, and the incentives leading to an expanding application of the UTPCPA. The Note …
No Room For Squatters: Alaska’S Adverse Possession Law, Jennie Morawetz
No Room For Squatters: Alaska’S Adverse Possession Law, Jennie Morawetz
Alaska Law Review
In 2003, the Alaska Legislature dramatically changed Alaska’s adverse possession law. Alaska’s new law curtails the application of adverse possession in a way that is more stringent than any other state’s law. This Note summarizes Alaska’s adverse possession law prior to 2003 and discusses how it was changed in 2003 by the passage of Senate Bill 93. The Note then explores some implications of the new law: the ability to extinguish but not create private easements by prescription, the importance of recording, and the potential for a “good faith squatter” to lose land she believes is hers.
Note From The Editor, Jennie Morawetz
Fault And The Murkowski Voter: A Reply To Flanders, Justin Levitt
Fault And The Murkowski Voter: A Reply To Flanders, Justin Levitt
Alaska Law Review
No abstract provided.
Voting As A Positive Right: A Reply To Flanders, Joseph Fishkin
Voting As A Positive Right: A Reply To Flanders, Joseph Fishkin
Alaska Law Review
No abstract provided.
An Evaluation Of Alaska’S Standard For Wage And Hour Exemptions, Gregory S. Fisher
An Evaluation Of Alaska’S Standard For Wage And Hour Exemptions, Gregory S. Fisher
Alaska Law Review
No abstract provided.
How Do You Spell M-U-R-K-O-W-S-K-I? Part I: The Question Of Assistance To The Voter, Chad Flanders
How Do You Spell M-U-R-K-O-W-S-K-I? Part I: The Question Of Assistance To The Voter, Chad Flanders
Alaska Law Review
No abstract provided.
Spelling Murkowski: The Next Act, A Reply To Fishkin And Levitt, Chad Flanders
Spelling Murkowski: The Next Act, A Reply To Fishkin And Levitt, Chad Flanders
Alaska Law Review
No abstract provided.
A Shot In The Dark: Why Strict Scrutiny Would Miss The Mark For Felon In Possession Restrictions, Gabriel A. Blumberg
A Shot In The Dark: Why Strict Scrutiny Would Miss The Mark For Felon In Possession Restrictions, Gabriel A. Blumberg
Alaska Law Review
No abstract provided.
“The Governor’S Court Of Last Resort:” An Introduction To Executive Clemency In Alaska, Ronald S. Everett, Deborah Periman
“The Governor’S Court Of Last Resort:” An Introduction To Executive Clemency In Alaska, Ronald S. Everett, Deborah Periman
Alaska Law Review
No abstract provided.
E.P. V. Alaska Psychiatric Institute: The Evolution Of Involuntary Civil Commitments From Treatment To Punishment, Proud Usahacharoenporn
E.P. V. Alaska Psychiatric Institute: The Evolution Of Involuntary Civil Commitments From Treatment To Punishment, Proud Usahacharoenporn
Alaska Law Review
No abstract provided.
Note From The Editor, Jonathan Ross
The Use Of Electronic Monitoring In The Alaska Criminal Justice System: A Practical Yet Incomplete Alternative To Incarceration, Natasha Alladina
The Use Of Electronic Monitoring In The Alaska Criminal Justice System: A Practical Yet Incomplete Alternative To Incarceration, Natasha Alladina
Alaska Law Review
No abstract provided.