Law Commons^™

Government Nonedorsement, Nelson Tebbe

Faculty Scholarship

No abstract provided.

Is The Law Of Armed Conflict Outdated?, Sibylle Scheipers

The US Army War College Quarterly: Parameters

No abstract provided.

A Hybrid Methodology For Seeking Attorney's Fees In The Eastern District Of Virginia's Rocket Docket, Timothy D. Patterson

Law Student Publications

As the costs of litigation continue to increase, in large part due to overly broad discovery, the skirmishes in motions to compel are taking on new importance as part of the strategy. Attorneys in large law firms are even developing a subpractice area known as “discovery counsel,” particularly with the explosion of e-discovery over electronically stored information. It is for another article to discuss whether discovery should become so large or complex that practitioners can specialize in it. Thus, it will not come as a surprise to anyone that parallel to this issue is the much sought after, but often …

E-Museletter: December 2013, Suzanne Corriell

Museletter

This Issue:

Quiet, Please!

Fall 2013 Staffed Library Hours

Exam Reminders

Featured Law Librarian [Mei Kiu Lo]

New Displays

Suggestions Welcome

"Santa Baby, Just Slip A Sable Under The Tree For Me:" Or At Least A Catchall Exception To The Hearsay Rule?, Cynthia Ford

Faculty Journal Articles & Other Writings

This article examines Montana's two rule-based "catchall" or "residual" hearsay exceptions, and a statutory exception that applies only to child declarants in criminal cases.

Yea Or Neigh? The Economics, Ethics, And Utility Of The Horsemeat Filet, L. Leon Geyer, Dan Lawler

Journal of Food Law & Policy

While staying surprisingly low profile amongst the general populace, the issue of horse slaughter has become hotly contested in the last decade, evolving into a multifaceted controversy that intertwines questions regarding ethics, international commerce, and contemporary law and politics. Horses were slaughtered in the U.S. in United States Department of Agriculture (USDA) regulated plants until 2007, when an appropriations bill suspended funding for federal inspections of horsemeat. The U.S. was home to three domestic slaughterhouses - two in Texas and one in Illinois - that slaughtered an average of about 115,003 horses per year from 1990 to 2007. Currently, American …

Punishing Our Own Rascals: Great Britain, The United States, And The Right To Search During The Era Of Slave Trade Suppression, Mark T. Haggard

Boise State University Theses and Dissertations

This thesis examines the relationship between the United States and Great Britain during the era of slave trade suppression in the nineteenth century. Two ideals of international relations came into conflict when Great Britain’s humanitarian drive to rid the world of the international slave trade ran headlong into the United States’ claims to sovereignty under the Law of Nations. Under international maritime law a ship is the sovereign territory of the nation under whose flag it sails; the forcible boarding of a ship is tantamount to an invasion of the country itself. Britain sought to circumvent this rule in the …

Table Of Contents

Maryland Law Review

No abstract provided.

An American Indian Supreme Court, Eugene R. Fidell

American Indian Law Journal

No abstract provided.

The Utility Of Amicus Briefs In The Supreme Court’S Indian Cases, Matthew L.M. Fletcher

American Indian Law Journal

No abstract provided.

Asserting Treaty Rights To Harness The Wind On The Great Lakes, Gerald Carr

American Indian Law Journal

No abstract provided.

Ownership Without Citizenship: The Creation Of Noncitizen Property Rights, Allison Brownell Tirres

Michigan Journal of Race and Law

At the nation’s founding, the common law of property defined ownership as an incident of citizenship. Noncitizens were unable lawfully to hold, devise, or inherit property. This doctrine eroded during the course of the eighteenth and nineteenth centuries, but few scholars have examined its demise or the concommittant rise of property rights for foreigners. This Article is the first sustained treatment of the creation of property rights for noncitizens in American law. It uncovers two key sources for the rights that emerged during the nineteenth century: federal territorial law, which allowed for alien property ownership and alien suffrage, and state …

The Court Loses Its Way With The Global Positioning System: United States V. Jones Retreats To The “Classic Trespassory Search”, George M. Dery Iii, Ryan Evaro

Michigan Journal of Race and Law

This Article analyzes United States v. Jones, in which the Supreme Court considered whether government placement of a global positioning system (GPS) device on a vehicle to follow a person’s movements constituted a Fourth Amendment “search.” The Jones Court ruled that two distinct definitions existed for a Fourth Amendment “search.” In addition to Katz v. United States’s reasonable-expectation-of-privacy standard, which the Court had used exclusively for over four decades, the Court recognized a second kind of search that it called a “classic trespassory search.” The second kind of search occurs when officials physically trespass or intrude upon a constitutionally protected …

Inferring Desire, Jessica A. Clarke

Duke Law Journal

In the course of debates over same-sex marriage, many scholars have proposed new legal definitions of sexual orientation to better account for the role of relationships in constituting identities. But these discussions have overlooked a large body of case law in which courts are already applying this model of sexual orientation, with inequitable results.

This Article examines a set of fifteen years of sexual harassment decisions in which courts have endeavored to determine the sexual orientations of alleged harassers. Under federal law, sexual harassment is actionable because it is a subspecies of sex discrimination. A man who makes unwanted sexual …

Pretext Searches And Seizures: In Search Of Solid Ground, Jeff D. May, Rob Duke, Sean Gueco

Alaska Law Review

Despite numerous attempts to subject the use of pretext law enforcement stops to Alaska Constitutional scrutiny, the issue has never been thoroughly reviewed. Alaska courts currently allow pretext investigative stops so long as a reasonable officer following permissible police practices could have made the stop for the proffered reason. This is a minority position, inconsistent with federal law which deems pretext motivations constitutionally irrelevant. It is also far less protective of individual rights than an outright ban on officer pretext. This reasonable officer standard, however, offers some advantages over banning all types of pretext. This Article explores Alaska's historical treatment …

Mutiny Against The Mmpa: A Look At Alaska Sb 60, Garrett Boyle

Alaska Law Review

In an attempt to curb the detrimental effects of a ballooning sea otter population, a new bill proposed in the Alaska State Senate seeks to amend the Alaska fish and game statutes by placing a bounty of $100 on sea otters lawfully taken by Alaska Natives. This Note studies the conflicting nature of the proposed bill, SB 60, with the current version of the Marine Mammal Protection Act, examining the enforceability of the provision in light of precedent from the Alaska Supreme Court and a liberal interpretation of the MMPA. The Note ultimately concludes that SB 60, as written, is …

The “Middle Place”: The Npr-A Impact Mitigation Program And Alaska’S North Slope, Shauna Woods

Alaska Law Review

The communities of Alaska's North Slope increasingly find themselves in a "middle place," stuck between a past to which they cannot return and a future that is fraught with uncertainty. Oil and gas development on Alaska's North Slope has resulted in environmental, cultural, and social changes that have adversely affected the communities in the area. At the same time, oil and gas leasing in the National Petroleum Reserve in Alaska, located on the North Slope, has created an important revenue source for helping those communities mitigate the impacts of development and augment their capacities for addressing future changes. In particular, …

Giving Up The Ghost: Alaska Bar Ethics Opinion 93-1 And Undisclosed Attorney Assistance Revisited, Howard Burgoyne Rhodes

Alaska Law Review

Twenty years ago, the Alaska Bar Association adopted Ethics Opinion No. 93-1 which permitted attorneys to "ghostwrite" pleadings and provide other undisclosed services to pro se litigants. The goal of this ethical guidance was to enable attorneys to assist low-income individuals who could not otherwise afford representation. Ethics Opinion No. 93-1 construed "ghostwriting" broadly as an attorney's undisclosed assistance to a pro se client whether by providing legal advice or drafting pleadings or other documents. This Note argues that, despite the moral allure of its theoretical justifications, ghostwriting is unnecessary, provides little demonstrable benefit to pro se litigants, and potentially …

Journal Staff

Alaska Law Review

No abstract provided.

Note From The Editor, Kristie Beaudoin

Alaska Law Review

No abstract provided.

Duties Of The Judicial System To The Pro Se Litigant, Mark Andrews

Alaska Law Review

Alaska courts have assisted unrepresented litigants in civil cases, explaining procedural technicalities to pro se litigants and applying more lenient standards to pro se pleadings. Although the origin of this policy is unclear, the Alaska Supreme Court in Breck v. Ulmer held that the trial court should advise pro se litigants of procedural requirements and hold pro se litigants to less stringent standards than attorneys. However, two recent cases, Greenway v. Heathcott and Wagner v. Wagner, have complicated Alaska's policy by adopting different approaches regarding when a court should advise a pro se litigant of procedural requirements. This Article …

Fisher V. University Of Texas: Who Put The Holes In “Holistic”?, Rodney A. Smolla

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Journal Staff

Duke Journal of Constitutional Law & Public Policy

Abstract required.

Mission Creep Or A Search For Relevance: The East African Court Of Justice’S Human Rights Strategy, James Gathii

Duke Journal of Comparative & International Law

No abstract provided.

Journal Staff

Duke Journal of Comparative & International Law

No abstract provided.

Native American Empowerment Through Digital Repatriation, Michelle L. Fitch

Electronic Theses and Dissertations

Following the Enlightenment, Western adherence to positivist theory influenced practices of Western research and documentation. Prior to the introduction of positivism into Western scholarship, innovations in printing technology, literary advancements, and the development of capitalism encouraged the passing of copyright statutes by nation-states in fifteenth century Europe. The evolution of copyright and positivism in Europe influenced United States copyright and its protection of the author, as well as the practice of archiving and its role in interpreting history. Because Native American cultures practiced orality, they suffered the loss of their traditional knowledge and cultural expressions not protected by copyright. By …

Artile Index, Vol. 43, 2013, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Commentaries And Replies, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Confronting Africa's Sobels, Robert L. Feldman, Michel Ben Arrous

The US Army War College Quarterly: Parameters

No abstract provided.

Defeating Violent Nonstate Actors, Robert J. Bunker

The US Army War College Quarterly: Parameters

No abstract provided.