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Full-Text Articles in Law
Alaska’S Initiative Process: The Benefits Of Advance Oversight And A Recommendation For Change, Logan T. Mohs
Alaska’S Initiative Process: The Benefits Of Advance Oversight And A Recommendation For Change, Logan T. Mohs
Alaska Law Review
Alaska's initiative process is unique—Alaska is the only state with a robust initiative culture and advance oversight over the content of initiatives by the Lieutenant Governor. This state of affairs is appropriate because it recognizes both the savings to the state and the benefit to citizens that advance oversight can achieve. It also places the power of advance oversight in the hands of the individual most qualified in Alaska to wield it. However, despite being generally commendable, the Alaskan initiative oversight process is not perfect. Because the Lieutenant Governor has this unique power, it is inappropriate for them to be …
What About Boem? The Need To Reform The Regulations Governing Offshore Oil And Gas Planning And Leasing, Michael Levine, Andrew Hartsig, Maggie Clements
What About Boem? The Need To Reform The Regulations Governing Offshore Oil And Gas Planning And Leasing, Michael Levine, Andrew Hartsig, Maggie Clements
Alaska Law Review
The nature of offshore oil and gas activities is changing as companies are forced into difficult and remote areas, including the U.S. Arctic Ocean. As evidenced by the 2010 Deepwater Horizon tragedy and Shell's error-plagued efforts to drill exploration wells in the Chukchi and Beaufort seas in 2012, the rules governing whether and under what conditions to allow offshore drilling in frontier areas have not kept pace with environmental and technical changes. These rules were implemented in 1979 and have remained substantively the same since. Recent changes to at the Department of the Interior to disband the Minerals Management Service, …
Regulating The Arctic Gold Rush: Recommended Regulatory Reforms To Protect Alaska’S Arctic Environment From Offshore Oil Drilling Pollution , Jacob D. Unger
Regulating The Arctic Gold Rush: Recommended Regulatory Reforms To Protect Alaska’S Arctic Environment From Offshore Oil Drilling Pollution , Jacob D. Unger
Alaska Law Review
Since 2008, major oil and gas operators have invested billions attempting to drill Arctic Alaska's Outer Continental Shelf. However, offshore drilling in the extreme Arctic is fraught with infrastructural, technological and environmental challenges that could result in enormous damages if an accident ever occurred. While offshore drilling operations would significantly benefit both the state of Alaska and the United States, it is imperative that the United States' offshore regulatory regime adequately protects the Arctic Alaskan environment and innocent third parties. This Note examines the shortcomings of the United States' current offshore drilling regulatory regime and proposes a four-part scheme that …
Fate Control And Human Rights: The Policies And Practices Of Local Governance In America’S Arctic, Mara Kimmel
Fate Control And Human Rights: The Policies And Practices Of Local Governance In America’S Arctic, Mara Kimmel
Alaska Law Review
The loss of territoriality over lands conveyed under the Alaska Native Claims Settlement Act had adverse impacts for Alaskan tribal governance. Despite policy frameworks that emphasize the value of local governance at an international, regional, and statewide level, Alaskan tribes face unique obstacles to exercising their authority, with consequences for both human development and human rights. This Article examines how territoriality was lost and analyzes the four major effects of this loss on tribal governance. It then describes two distinct but complimentary strategies to rebuilding tribal governance authority that rely on both territorial and non-territorial authority.
Note From The Editor, Philip A. Tarpley
Alaska And The Arctic, Fran Ulmer
Alaska’S Native History, William L. Iggiagruk Hensley
Alaska’S Native History, William L. Iggiagruk Hensley
Alaska Law Review
No abstract provided.
Foreword, Thomas B. Metzloff
Traditional Cultural Districts: An Opportunity For Alaska Tribes To Protect Subsistence Rights And Traditional Lands, Elizaveta Barrett Ristroph
Traditional Cultural Districts: An Opportunity For Alaska Tribes To Protect Subsistence Rights And Traditional Lands, Elizaveta Barrett Ristroph
Alaska Law Review
Alaska tribes have limited control over their traditional lands and waters. Tribes may increase their influence through a Traditional Cultural District designation under Section 106 of the National Historic Preservation Act. This designation does not stop development, but requires federal agencies to consult with tribes regarding potential development that may impact the district. The consultation right applies regardless of whether a tribe owns or has formally designated the district. In Alaska, where no Traditional Cultural Districts exist as of 2014, there is potential for designating large areas of land or water that correspond to the range of traditionally important species.
Selling Ice In Alaska: Employment Preferences And Statutory Exemptions For Alaska Native Corporations 40 Years After Ancsa , Gregory S. Fisher, Erin "Faith" Rose
Selling Ice In Alaska: Employment Preferences And Statutory Exemptions For Alaska Native Corporations 40 Years After Ancsa , Gregory S. Fisher, Erin "Faith" Rose
Alaska Law Review
In 1971, Congress enacted the Alaska Native Claims Settlement Act (ANCSA) in order to settle land disputes between Alaska Natives and the federal government. ANCSA established Alaska Native Corporations (ANCs), which were tasked with managing settlement funds to provide for the health, education, and economic welfare of Alaska Natives. To enable the ANCs to promote the interests of their shareholders, Congress exempted ANCs from certain employment restrictions contained in Title VII of the Civil Rights Act, but did not exempt ANCs from other worker-protective legislation. In subsequent decades, courts reviewing the preferential practices of ANCs have often construed these statutory …
Note From The Editor, Kristine J. Beaudoin
Reducing Black Carbon From Wood Burning In Fairbanks, Alaska, Kristine J. Beaudoin
Reducing Black Carbon From Wood Burning In Fairbanks, Alaska, Kristine J. Beaudoin
Alaska Law Review
Fairbanks, Alaska has been home to air quality concerns for years. Heat sources like wood boilers emit black carbon, a pollutant akin to soot. In Fairbanks's harsh winters, black carbon is trapped close to the earth and creates health problems for residents. Black carbon has a more global effect as well, however, and climate scientists have recently begun to consider reducing black carbon emissions as a viable way to slow the pace of climate change. Fairbanks is uniquely situated to react to this call for action. Reducing black carbon emissions from wood burning in Fairbanks would not only contribute to …
Crossing The Line: An Analysis Of Problems With Classifying Recidivist Misdemeanor Offenses As Felonies, Andrew Katbi
Crossing The Line: An Analysis Of Problems With Classifying Recidivist Misdemeanor Offenses As Felonies, Andrew Katbi
Alaska Law Review
Alaska is in the minority of states that apply felony charges based on a defendant's history of misdemeanor violations. This approach to the challenges of criminal recidivism, however, creates both constitutional and prudential problems. While Alaska enjoys considerable latitude in its sentencing policies, this form of misdemeanor reclassification raises concerns about proportionality under the Eighth Amendment, double jeopardy under the Fifth Amendment, and poses dilemmas for participants in the pleabargaining process. This Note examines these problems and proposes a graduated approach to sentencing enhancement. By increasing punishment gradually and preventing recidivist misdemeanants from crossing the misdemeanor-felony border as quickly, Alaska …
The Role Of Non-Lawyers On Administrative Tribunals: What Lay Members Think About Law, Lawyers, And Their Own Participation In Alaska’S Mixed Administrative Tribunals, Kristin Knudsen Latta
The Role Of Non-Lawyers On Administrative Tribunals: What Lay Members Think About Law, Lawyers, And Their Own Participation In Alaska’S Mixed Administrative Tribunals, Kristin Knudsen Latta
Alaska Law Review
Lay participation is a conventional, but little examined, aspect of Alaska's administrative law tribunals. The legal community is sometimes suspicious of lay members' competence, leading to a trust gap between legal professionals and their lay counterparts. With the goal of bridging this divide and shedding light on participants' perspective of serving on tribunals, this Article reviews the first survey study of Alaska lay members on state adjudicatory panels. Among other things, the survey focused on tribunals' gender and ethnic diversity, members' understanding of fairness and impartiality duties, their training, and the relationship lay participants had with administrative law judges. As …
The End Of The Public Interest Exception: Preventing The Deterrence Of Future Litigants With Rule 82(B)(3)(I), Gordon Sommers
The End Of The Public Interest Exception: Preventing The Deterrence Of Future Litigants With Rule 82(B)(3)(I), Gordon Sommers
Alaska Law Review
The public interest exception to Alaska's loser-pays attorneys' fees rule has been overruled, but, under Rule 82(b)(3)(I), courts may still vary fee awards on a case-by-case basis to avoid deterring future litigants. The result of this transition is that the costs of litigation are highly unpredictable for prospective plaintiffs. While the cases that developed the public interest exception are no longer good law, their logic does offer some guidance for judges wishing to protect court access. Even if courts tend to follow these principles, however, plaintiffs will remain unable to adequately gauge the costs of undertaking a lawsuit until new …