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New L&C Law Scholarship: Animal Law Volume 15, Issue 2
Posted on November 10, 2009The latest issue of Lewis & Clark Law School’s Animal Law is now out. Here are the articles published in Volume 15, Issue 2 of Animal Law, complete with links to the abstracts: Essay California Proposition 2: A Watershed Moment For Animal Law by Jonathan R...
New L&C Law Scholarship: California Proposition 2
Posted on November 10, 2009Jonathan R. Lovvorn & Nancy V. Perry, California Proposition 2: A Watershed Moment For Animal Law, 15 Animal Law 149 (2009) This essay explores the legislative and legal campaign to enact California Proposition 2: The Prevention of Farm Animal Cruelty Act, approved by California voters on November 5, 2008...
New L&C Law Scholarship: Using Dogs For Emotional Support of Testifying Victims of Crime
Posted on November 10, 2009Marianne Dellinger, Using Dogs For Emotional Support of Testifying Victims of Crime, 15 Animal Law 171 (2009) Courts and prosecutorial offices around the nation have started using service dogs to support emotionally frail child witnesses who are unwilling to testify but for the calming presence of a dog...
New L&C Law Scholarship: The Alaskan Wolf War
Posted on November 10, 2009Edward A. Fitzgerald, The Alaskan Wolf War: The Public Trust Doctrine Missing In Action, 15 Animal Law 193 (2009) Wolf killing in Alaska is authorized by the Board of Game (BOG), which is an agency captured by hunting and trapping interests. The BOG’s wolf killing policies have generally been supported by state legislatures and governors...
New L&C Law Scholarship: Caring for Dolphins, Otters, and Octopuses
Posted on November 10, 2009Marla K. Conley, Caring for Dolphins, Otters, and Octopuses: Speciesism in the Regulations of Zoos and Aquariums, 15 Animal Law 237 (2009) Current regulations for zoos and aquariums rely heavily on standards established by industry associations, and the government increasingly expects public display facilities to self-monitor...
New L&C Law Scholarship: A Call To Action
Posted on November 10, 2009Dana M. Campbell, A Call To Action: Concrete Proposals For Reducing Widespread Animal Suffering In The United States, 15 Animal Law 141 (2009) (abstract from Animal Law)
New L&C Law Scholarship: Lewis & Clark Law Review Volume 13, Number 3
Posted on October 08, 2009The latest issue of Lewis & Clark Law School’s Lewis & Clark Law Review is now out. Here are the articles published in Volume 13, Number 3 of Lewis & Clark Law Review, complete with links to the abstracts and full-text articles: Symposium Articles We Have A “Purpose” Requirement If We Can Keep It by James F...
New L&C Law Scholarship: We Have A “Purpose” Requirement If We Can Keep It
Posted on October 08, 2009James F. Flanagan, We Have A “Purpose” Requirement If We Can Keep It, 13 Lewis & Clark Law Review 553 (2009) The Supreme Court in Giles v. California held that a defendant forfeits the right to confront a witness only when he purposefully keeps the witness away...
New L&C Law Scholarship: Forfeiture and Cross-Examination
Posted on October 08, 2009Robert Kry, Forfeiture and Cross-Examination, 13 Lewis & Clark Law Review 577 (2009) The forfeiture exception to the confrontation right allows the admission of a witness’s prior testimony where the defendant wrongfully procures the witness’s absence from trial...
New L&C Law Scholarship: Selective Originalism
Posted on October 08, 2009Thomas Y. Davies, Selective Originalism: Sorting Out Which Aspects of Giles’s Forfeiture Exception To Confrontation Were or Were Not “Established at the Time of the Founding” , 13 Lewis & Clark Law Review 605 (2009) In Giles v...
New L&C Law Scholarship: Giles V. California
Posted on October 08, 2009Robert P. Mosteller, Giles V. California: Avoiding Serious Damage To Crawford’s Limited Revolution, 13 Lewis & Clark Law Review 675 (2009) This Article endorses the result in Giles v. California, which limited the reach of the forfeiture through wrongdoing exception to those instances where “the defendant engaged in conduct designed to prevent the witness from testifying...
New L&C Law Scholarship: Making Constitutional the Permissive Inference In Gile V. California
Posted on October 08, 2009Douglas E. Beloof, Making Constitutional the Permissive Inference In Gile V. California: Changing the Intent To Silence From “Purposely” To “Knowingly”, 13 Lewis & Clark Law Review 697 (2009) It is suggested here that the element of “purposely” silencing a witness that is presently required by the Giles majority as a predicate to forfeiture by wrongdoing, [...
New L&C Law Scholarship: Forfeiture After Giles
Posted on October 08, 2009Deborah Tuerkheimer, Forfeiture After Giles:The Relevance Of “Domestic Violence Context”, 13 Lewis & Clark Law Review 711 (2009) Giles v. California, the United States Supreme Court’s most recent pronouncement impacting the prosecution of domestic violence, has exposed deep judicial ambivalence about the newly transformed Confrontation Clause...
New L&C Law Scholarship: Removing the Dead Hand On the Future
Posted on October 08, 2009Alison M. Osterberg, Removing the Dead Hand On the Future: Recognizing Citizen Children’s Rights Against Parental Deportation, 13 Lewis & Clark Law Review 751 (2009) Current immigration laws do not provide the opportunity for undocumented, noncitizen parents to lawfully remain in the United States even when the noncitizen is the parent of a minor citizen child...
New L&C Law Scholarship: Adoption of the Uniform Collaborative Law Act In Oregon
Posted on October 08, 2009Patrick Foran, Adoption of the Uniform Collaborative Law Act In Oregon: The Right Time and the Right Reasons, 13 Lewis & Clark Law Review 787 (2009) Traditional litigation is increasingly viewed as a costly and embittering way of resolving domestic relations disputes...
New L&C Law Scholarship: Environmental Law Review Volume 39, Issue 3
Posted on September 18, 2009The latest issue of Lewis & Clark Law School’s Environmental Law Review is now out. Here are the articles published in Volume 39, Issue 3 of Environmental Law Review, complete with links to the abstracts and full-text articles: Articles At Home with Nature: Early Reflections on Green Building Laws and the Transformation of the Built Environment by [...
New L&C Law Scholarship: At Home with Nature
Posted on September 18, 2009Keith H. Hirokawa, At Home with Nature: Early Reflections on Green Building Laws and the Transformation of the Built Environment, 39 Environmental Law Review 507 (2009) Green building, which was formalized only fifteen years ago to promote healthier and more efficient building practices, has exceeded virtually all predictions of its potential...
New L&C Law Scholarship: Swamp Swaps
Posted on September 18, 2009Fred Bosselman, Swamp Swaps: The “Second Nature” of Wetlands, 39 Environmental Law Review 577 (2009) Traditionally, American wetlands had market value only after being dredged or filled. Gradually, however, alternative markets are being provided in which wetlands may obtain market value while remaining wet...
New L&C Law Scholarship: Environmental Liabilities and the Federal Securities Laws
Posted on September 18, 2009Mark Latham, Environmental Liabilities and the Federal Securities Laws: A Proposal for Improved Disclosure of Climate Change-Related Risks, 39 Environmental Law Review 647 (2009) Climate change-related developments are occurring at an unprecedented pace, with new federal, state, and international proposals under contemplation by policymakers to dramatically reduce greenhouse gas emissions...
New L&C Law Scholarship: The Friends of Yosemite Valley Saga
Posted on September 18, 2009John Cathcart-Rake, The Friends of Yosemite Valley Saga: The Challenge of Addressing the Merced River’s User Capacities, 39 Environmental Law Review 833 (2009) In the fall of 2009, Ken Burns’s documentary series on the National Park system premieres on PBS...
New L&C Law Scholarship: Halting the Hitchhikers
Posted on September 18, 2009Suzanne Bostrom, Halting the Hitchhikers: Challenges and Opportunities for Controlling Ballast Water Discharges and Aquatic Invasive Species, 39 Environmental Law Review 867 (2009) Ballast water discharges are responsible for many of the most damaging aquatic invasive species introductions around the world...
New L&C Law Scholarship: Environmental Law Review Volume 39, Issue 2
Posted on June 01, 2009The latest issue of Lewis & Clark Law School’s Environmental Law Review is now out. Here are the articles published in Volume 39, Issue 2 of Environmental Law Review, complete with links to the abstracts and full-text articles: Essays Global Warming and the Problem of Policy Innovation: Lessons From the Early Environmental Movement by Christopher H...
New L&C Law Scholarship: Global Warming and the Problem of Policy Innovation
Posted on June 01, 2009Christopher H. Schroeder, Global Warming and the Problem of Policy Innovation: Lessons From the Early Environmental Movement, 39 Environmental Law Review 285 (2009) When Congress enacted major environmental statutes in the late 1960s and early 1970s, these laws defied the conventional logic of public choice theory, which contends that legislation benefiting the general public against the [...
New L&C Law Scholarship: Disestablishing Environmentalism
Posted on June 01, 2009Andrew P. Morriss & Benjamin D. Cramer, Disestablishing Environmentalism, 39 Environmental Law Review 309 (2009) The debate over environmental policy is increasingly conducted in language with strong religious overtones and religious imagery pervades many environmental debates...
New L&C Law Scholarship: The Rhino in the Colonia
Posted on June 01, 2009Kristina G. Fisher, The Rhino in the Colonia: How Colonias Development Council v. Rhino Environmental Services, Inc. Set a Substantive State Standard for Environmental Justice, 39 Environmental Law Review 397 (2009) This Article examines a recent New Mexico Supreme Court decision holding that the New Mexico Environment Department must consider environmental justice factors in deciding whether [...
New L&C Law Scholarship: Public Outcry
Posted on June 01, 2009William Woodyard & Glenn Boggs, Public Outcry: Kelo v. City of New London - A Proposed Solution, 39 Environmental Law Review 431 (2009) This Article focuses on the United States Supreme Court decision in Kelo v. City of New London. It discusses the extensive public, political and academic reactions to Kelo, and makes suggestions for potential [...
New L&C Law Scholarship: Why Private Remedies for Environmental Torts Under the Alien Tort Statute Should Not Be Constrained by the Judicially Created Doctrines of Jus Cogens and Exhaustion
Posted on June 01, 2009Mark W. Wilson, Why Private Remedies for Environmental Torts Under the Alien Tort Statute Should Not Be Constrained by the Judicially Created Doctrines of Jus Cogens and Exhaustion, 39 Environmental Law Review 451 (2009) This Comment examines the history of the Alien Tort Statute, a provision of the Federal Judiciary Act of 1789, and demonstrates how [...
New L&C Law Scholarship: Trashing the Presumption
Posted on June 01, 2009Kathy Black, Trashing the Presumption: Intervention on the Side of the Government, 39 Environmental Law Review 481 (2009) The Federal Rules of Civil Procedure allow anyone with a legally protectable interest facing impairment to intervene in existing litigation as a matter of right, subject to whether existing parties in the litigation adequately represent the proposed intervenor’s [...
New L&C Law Scholarship: Lewis & Clark Law Review Volume 13, Number 1
Posted on May 05, 2009The latest issue of Lewis & Clark Law School’s Lewis & Clark Law Review is now out. Here are the articles published in Volume 13, Number 1 of Lewis & Clark Law Review, complete with links to the abstracts and full-text articles: Symposium Medellin: The New, New Formalism? by Ingrid Wuerth Open Doors by Paul B...
New L&C Law Scholarship: Medellin
Posted on May 05, 2009Ingrid Wuerth, Medellin: The New, New Formalism?, 13 Lewis & Clark Law Review 1 (2009) The Supreme Court’s 2008 decision in Medellin v. Texas appears to represent a formalist turn in the Court’s approach to foreign relations cases. The opinion emphasizes text as the key to treaty interpretation and it stresses the importance of the Constitution’s [...
New L&C Law Scholarship: Open Doors
Posted on May 05, 2009Paul B. Stephan, Open Doors, 13 Lewis & Clark Law Review 11 (2009) This Article focuses on two issues left open by Medellin v. Texas. First, do the courts of the United States have an obligation to accord comity to judgments of international tribunals such as the International Court of Justice? Second, is it possible to [...
New L&C Law Scholarship: A Primer on Treaties and ? 1983 after Medell’n v. Texas
Posted on May 05, 2009John T. Parry, A Primer on Treaties and § 1983 after Medell’n v. Texas, 13 Lewis & Clark Law Review 35 (2009) The majority opinion in Medellin v. Texas contains a number of statements to the effect that treaties are not equal to federal statutes and that courts should presume that treaties do not create private [...
New L&C Law Scholarship: Breach Without Remedy in the International Forum and the Need for Self-Help`
Posted on May 05, 2009Scott W. Lyons, Breach Without Remedy in the International Forum and the Need for Self-Help: The Conundrum Resulting from the Medellin Case, 13 Lewis & Clark Law Review 73 (2009) The Supreme Court decision in Medellin v. Texas has created considerable doubt as to what methods exist for remedying breaches of treaty-based obligations...
New L&C Law Scholarship: Developing Defenses in Trademark Law
Posted on May 05, 2009Graeme B. Dinwoodie, Developing Defenses in Trademark Law, 13 Lewis & Clark Law Review 99 (2009) Trademark law contains important limits that place a range of third party conduct beyond the control of the trademark owner. However, I suggest that trademark law would be better served if several of its limits were explicitly conceptualized as defenses [...
New L&C Law Scholarship: Of Persons and Prenatal Humans
Posted on May 05, 2009Lawrence J. Nelson, Of Persons and Prenatal Humans: Why the Constitution is Not Silent on Abortion, 13 Lewis & Clark Law Review 155 (2009) Many jurists and legal commentators have concluded that the Constitution does not protect a woman’s right to terminate a pregnancy because nothing in the Constitution’s text and no principle or rule derived [...
New L&C Law Scholarship: “Go West, Disappointed Heir”
Posted on May 05, 2009Diane J. Klein, “Go West, Disappointed Heir”: Tortious Interference with Expectation of Inheritance-A Survey with Analysis of State Approaches in the Pacific States, 13 Lewis & Clark Law Review 209 (2009) This Article is the fifth piece of a nationwide survey and analysis of tortious interference with expectation of inheritance, which offers a civil remedy to [...
New L&C Law Scholarship: The Meaning, Measure, and Misuse of Standards of Review
Posted on May 05, 2009Amanda Peters, The Meaning, Measure, and Misuse of Standards of Review, 13 Lewis & Clark Law Review 233 (2009) Standards of review should be the appellate court’s first consideration when it reviews the trial court decision on appeal. Yet, so often it is ignored or misused...
New L&C Law Scholarship: Are Debtors Rational Actors? An Experiment
Posted on May 05, 2009Chrystin Ondersma, Are Debtors Rational Actors? An Experiment, 13 Lewis & Clark Law Review 279 (2009) This Article examines patterns in bankruptcy filing data to determine whether this data supports the simplistic Rational Actor model that is the basis for Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA)...
New L&C Law Scholarship: Environmental Law Review Volume 39, Issue 1
Posted on May 04, 2009The latest issue of Lewis & Clark Law School’s Environmental Law Review is now out. Here are the articles published in Volume 39, Issue 1 of Environmental Law Review, complete with links to the abstracts and full-text articles: Articles United States v...
New L&C Law Scholarship: United States v. Abrogar
Posted on May 04, 2009David P. Kehoe, United States v. Abrogar: Did the Third Circuit Miss the Boat?, 39 Environmental Law Review 1 (2009) In United States v. Abrogar, the Third Circuit held that the sentencing enhancements under the U.S. Sentencing Guidelines for the discharge of a pollutant to the environment did not apply to a chief engineer of a [...
New L&C Law Scholarship: Advancing the Sovereign Trust of Government to Safeguard the Environment for Present and Future Generations (Part I)
Posted on May 04, 2009Mary Christina Wood, Advancing the Sovereign Trust of Government to Safeguard the Environment for Present and Future Generations (Part I): Ecological Realism and the Need for a Paradigm Shift, 39 Environmental Law Review 43 (2009) Society’s industrial base has demolished natural systems and has pushed the planet to the brink of irrevocable climate heating...
New L&C Law Scholarship: Advancing the Sovereign Trust of Government to Safeguard the Environment for Present and Future Generations (Part II)
Posted on May 04, 2009Mary Christina Wood, Advancing the Sovereign Trust of Government to Safeguard the Environment for Present and Future Generations (Part II): Instilling a Fiduciary Obligation in Governance, 39 Environmental Law Review 91 (2009) This Article, Part II of the work, presents the Nature’s Trust framework as it relates to the modern regime of statutory and administrative law...
New L&C Law Scholarship: Borders and the Environment
Posted on May 04, 2009Andrew P. Morriss & Roger E. Meiners, Borders and the Environment, 39 Environmental Law Review 141 (2009) Environmental policy is usually national policy. This Article argues that focusing on the environment within a single country is problematic because it can produce high-marginal-cost, low-marginal-benefit domestic measures while low-marginal-cost, high-marginal-benefit measures are ignored...
New L&C Law Scholarship: Counting Every Drop
Posted on May 04, 2009Stephanie Lindsay, Counting Every Drop: Measuring Surface and Ground Water in Washington and the West, 39 Environmental Law Review 193 (2009) Western states, notoriously plagued by water shortages, have traditionally resisted adopting laws requiring measurement of water diversions...
New L&C Law Scholarship: Warm is the New Cold
Posted on May 04, 2009Brent Carpenter , Warm is the New Cold: Global Warming, Oil, UNCLOS Article 76, and How an Arctic Treaty Might Stop a New Cold War, 39 Environmental Law Review 215 (2009) Several countries have claimed sovereignty over the seabed of the Arctic Ocean under Article 76 of the United Nations Convention on the Law of the [...
New L&C Law Scholarship: Lessons from the Montreal Protocol
Posted on May 04, 2009Bryan A. Green, Lessons from the Montreal Protocol: Guidance for the Next International Climate Change Agreement, 39 Environmental Law Review 253 (2009) With its effective application of international environmental legal principles, the Montreal Protocol has been remarkably successful in addressing stratospheric ozone depletion...
International Water Law Project Blog
Posted on April 14, 2009The International Water Law Project this week has added a new blog, the International Water Law Project Blog. From Welcome to the IWLP Blog: These are interesting times we live in. And contrary to the intention behind that Chinese curse, I tend to like interesting times...
New L&C Law Scholarship: Legal Studies Research Paper Series Vol. 3, No. 1
Posted on April 14, 2009The latest Lewis & Clark Law School Legal Studies Research Paper Series has now been posted. The series, part of the SSRN Legal Scholarship Network, presents papers accepted for publication and working papers of the Lewis & Clark Law School faculty...
New L&C Law Scholarship: Animal Law Volume 15, Number 1
Posted on February 18, 2009The latest issue of Lewis & Clark Law School’s Animal Law is now out. Here are the articles published in Volume 15, Number 1 of Animal Law, complete with links to the abstracts and full-text articles: Introduction Building Our Future by Joyce Tischler Articles Statue of Anne-Imals: Should Copyright Protect Sentient Non-Human Creators? by Dane E...
New L&C Law Scholarship: Building Our Future
Posted on February 18, 2009Joyce Tischler, Building Our Future, 15 Animal Law 7 (2009) (abstract from Animal Law)
New L&C Law Scholarship: Statue of Anne-Imals
Posted on February 18, 2009Dane E. Johnson, Statue of Anne-Imals: Should Copyright Protect Sentient Non-Human Creators?, 15 Animal Law 15 (2009) This article explores questions of whether copyright protection can and should extend to works created by captive animals such as gorillas, chimpanzees, and elephants...
New L&C Law Scholarship: Using A Jury of Her Peers To Teach About the Connection Between Domestic Violence and Animal Abuse
Posted on February 18, 2009Caroline Forell, Using A Jury of Her Peers To Teach About the Connection Between Domestic Violence and Animal Abuse, 15 Animal Law 53 (2009) (abstract from Animal Law)
New L&C Law Scholarship: Lessons Learned
Posted on February 18, 2009Rebecca J. Huss, Lessons Learned: Acting as Guardian/Special Master in the Bad Newz Kennels Case, 15 Animal Law 69 (2009) The United States District Court for the Eastern District of Virginia appointed Rebecca Huss as the guardian/special master of the pit bulls that were the subject of the case against Michael Vick relating to dog fighting...
New L&C Law Scholarship: Using Special Masters To Advance the Goals of Animal Protection Law
Posted on February 18, 2009Alexis C. Fox, Using Special Masters To Advance the Goals of Animal Protection Law, 15 Animal Law 87 (2009) This article suggests that courts should appoint special masters to large-scale animal abuse cases. The work of special masters in two recent high profile cases, Sarah v...
New L&C Law Scholarship: See Spot Eat, See Spot Die
Posted on February 18, 2009Kate Paulman, See Spot Eat, See Spot Die: The Pet Food Recall of 2007, 15 Animal Law 113 (2009) When dogs and cats across the country fell inexplicably ill in March of 2007, their human companions became sick with worry. Veterinarians eventually determined contaminated pet food was the source of these illnesses...
Google Books, Copyright and the Diffusion of Light
Posted on February 17, 2009Robert Darnton, Google & the Future of Books, The New York Review of Books, Vol. 55, No. 2 (Feb. 12, 2009) The Google Book Search class-action settlement — what it means to libraries and the future information society — is discussed with great clarity by Harvard University Libraries Director Robert Darnton in this New York Review [...
Thousands of CRS Reports Now Online
Posted on February 12, 2009A complete set of Congressional Research Service (CRS) reports has been obtained and posted online by Wikileaks.org, a kind of Wikipedia for leaked documents. The Congressional Research Service produces these reports to members of Congress on a wide variety of topics...
The Missing Memos
Posted on February 03, 2009ProPublica, an “independent, non-profit newsroom that produces investigative journalism in the public interest,” has published the first comprehensive list of the Bush administration’s still-secret legal memos on torture, detention and warrantless wiretapping...
New GlobaLex Research Guides and Articles
Posted on February 03, 2009NYU Law’s GlobalLex, publisher of guides and articles to international, foreign and comparative law research and regularly featured on BoleyBlogs!, has released the following new research guides: Comparative Civil Procedure: A Guide to Primary and Secondary Sources (Radu D...
New Online Legal Research Tools From the UN
Posted on February 03, 2009Thanks to the Law Librarian Blog and Heafey Headnotes for highlighting these new resources from the UN Office of Legal Affairs, Codification Division: Official Records of Diplomatic Conferences; A new portal for all legal publications; UN Legal Publications Global Search; and RSS feed for the Audiovisual Library of International Law
New L&C Law Scholarship: Wall Street Indians
Posted on January 26, 2009Gavin Clarkson, Wall Street Indians: Information Asymmetry and Barriers to Tribal Capital Market Access, 12 Lewis & Clark Law Review 943 (2008) Wall Street in New York City may be considered the financial center of the world, but the original wall on Wall Street was built to keep the Indians out...
New L&C Law Scholarship: To Tax Tribes or Not to Tax Tribes?
Posted on January 26, 2009David D. Haddock, To Tax Tribes or Not to Tax Tribes? That Is the Question, 12 Lewis & Clark Law Review 971 (2008) As a first approximation, a tax on a buyer has an impact that is identical to an alternative tax of equivalent size that is imposed on the seller...
New L&C Law Scholarship: Imposing Communism
Posted on January 26, 2009Richard Monette, Imposing Communism, 12 Lewis & Clark Law Review 991 (2008) It is a well known fact that gambling is the most successful business venture in Indian Country. What most people don’t know is that in 1988 the United States government passed the Indian Gaming Regulatory Act (IGRA), which requires that casino operations in Indian [...
New L&C Law Scholarship: Tribal Sovereign Interests Beyond the Reservation Borders
Posted on January 26, 2009Alex Tallchief Skibine, Tribal Sovereign Interests Beyond the Reservation Borders, 12 Lewis & Clark Law Review 1003 (2008) After describing how, from a global perspective, traditional concepts of state sovereignty have moved away from being uniquely tied to exclusive control of territories, this Article shows how the United States concept of tribal sovereignty is also no [...
New L&C Law Scholarship: Indian Tribal Businesses and the Off-Reservation Market
Posted on January 26, 2009Matthew L.M. Fletcher, Indian Tribal Businesses and the Off-Reservation Market, 12 Lewis & Clark Law Review 1047 (2008) American Indian tribes once operated regional trade centers, with broad geographical impact. With the arrival of European traders and settlers, this system began to erode, and later, the treaty and reservation system effectively eliminated the regional Indian economic [...
New L&C Law Scholarship: Practical Sovereignty, Political Sovereignty, and the Indian Tribal Energy Development and Self-Determination Act
Posted on January 26, 2009Judith V. Royster, Practical Sovereignty, Political Sovereignty, and the Indian Tribal Energy Development and Self-Determination Act, 12 Lewis & Clark Law Review 1065 (2008) This Article addresses the latest attempt by Congress to promote tribal self-determination through a statute designed to increase tribal control over energy resource development on Indian lands...
New L&C Law Scholarship: Inter-Tribal and International Treaties for American Indian Economic Development
Posted on January 26, 2009Robert J. Miller, Inter-Tribal and International Treaties for American Indian Economic Development, 12 Lewis & Clark Law Review 1103 (2008) American Indian nations and Indian people and Indigenous groups around the world are usually the poorest communities in their countries...
New L&C Law Scholarship: Looking at a State High Court Judge’s Work
Posted on January 26, 2009Stephen L. Wasby, Looking at a State High Court Judge’s Work, 12 Lewis & Clark Law Review 1135 (2008) As part of a larger project concerning one judge’s judicial career, this Article explores the work of Justice Alfred T. Goodwin of the Oregon Supreme Court and his colleagues during his nearly ten years of service (1960-1969) [...
New L&C Law Scholarship: Another Sign from Hein
Posted on January 26, 2009Craig A. Stern, Another Sign from Hein: Does the Generalized Grievance Fail a Constitutional or a Prudential Test of Federal Standing To Sue?, 12 Lewis & Clark Law Review 1169 (2008) The Supreme Court seems to have shuttled the federal rule against hearing generalized grievances back and forth between a home in the Constitution and a [...
New L&C Law Scholarship: Was Dred Scott Correctly Decided?
Posted on January 26, 2009Paul Finkelman, Was Dred Scott Correctly Decided? An “Expert Report” for the Defendant, 12 Lewis & Clark Law Review 1219 (2008) This Article offers an “expert report” for the defendant in Dred Scott, and argues that “given the history of the writing of the Constitution, the importance of slavery to the American economy, the specific protections [...
New L&C Law Scholarship: Lewis & Clark Law Review Volume 12, Number 4
Posted on January 26, 2009The latest issue of Lewis & Clark Law School’s Lewis & Clark Law Review is now out. Here are the articles published in Volume 12, Number 4 of Lewis & Clark Law Review, complete with links to the abstracts and full-text articles: Symposium Wall Street Indians: Information Asymmetry and Barriers to Tribal Capital Market Access by Gavin [...
Goodbye Weekly, Hello Daily Compilation of Presidential Documents
Posted on January 23, 2009This week brings news of another transition in Washington - the Weekly Compilation of Presidential Documents, mailed out in print every week since 1965 and online since 1997, is being replaced by a new, online-only Daily Compilation of Presidential Documents...
New L&C Law Scholarship: Property Pieces in Compensation Statutes
Posted on January 22, 2009Keith H. Hirokawa, Property Pieces in Compensation Statutes: Law’s Eulogy for Oregon’s Measure 37, 38 Environmental Law Review 1111 (2008) In this Article, Professor Hirokawa attributes the demise of Oregon’s Measure 37 to tension between the rights granted in compensation statutes and the systemic needs of property...
New L&C Law Scholarship: Wind Power, Wildlife, and the Migratory Bird Treaty Act
Posted on January 22, 2009Meredith Blaydes Lilley & Jeremy Firestone, Wind Power, Wildlife, and the Migratory Bird Treaty Act: A Way Forward, 38 Environmental Law Review 1167 (2008) We begin this paper by discussing the rapid domestic growth of wind power and the implications for turbine-related avian and bat impacts, and then examine other anthropogenic sources of avian mortality...
New L&C Law Scholarship: Courts and the EPA Interpret NPDES General Permit Requirements for CAFOs
Posted on January 22, 2009Terence J. Centner, Courts and the EPA Interpret NPDES General Permit Requirements for CAFOs, 38 Environmental Law Review 1215 (2008) To abate and control the emission of water pollutants from concentrated animal feeding operations (CAFOs), the United States Environmental Protection Agency adoped a federal CAFO rule...
New L&C Law Scholarship: A Train Without Tracks
Posted on January 22, 2009Annecoos Wiersema, A Train Without Tracks: Rethinking the Place of Law and Goals in Environmental and Natural Resources Law, 38 Environmental Law Review 1239 (2008) This Article discusses and analyzes the response of environmental and natural resources lawyers to the work of ecosystem management and new governance writers and the institutional models that have arisen from [...
New L&C Law Scholarship: Overly Restrictive Administrative Records and the Frustration of Judicial Review
Posted on January 22, 2009James N. Saul , Overly Restrictive Administrative Records and the Frustration of Judicial Review, 38 Environmental Law Review 1301 (2008) Recent agency efforts to unilaterally define the contents of administrative records through improper claims of priviledge only serve to hamper judicial review...
New L&C Law Scholarship: Protecting Water Quality and Salmon in the Columbia Basin
Posted on January 22, 2009Jane G. Steadman, Protecting Water Quality and Salmon in the Columbia Basin: The Case for State Certification of Federal Dams , 38 Environmental Law Review 1331 (2008) Although many runs of Pacific salmon in the Northwest have been listed under the Endangered Species Act for decades, their population levels are still dangerously low...
New L&C Law Scholarship: Environmental Law Review Volume 38, Issue 4
Posted on January 22, 2009The latest issue of Lewis & Clark Law School’s Environmental Law Review is now out. Here are the articles published in Volume 38, Issue 4 of Environmental Law Review, complete with links to the abstracts and full-text articles: Articles Taking Congress’s Words Seriously: Towards a Sound Construction of NEPA’s Long Overlooked Interpretation Mandate by Joel A...
New L&C Law Scholarship: Taking Congress’s Words Seriously
Posted on January 22, 2009Joel A. Mintz, Taking Congress’s Words Seriously: Towards a Sound Construction of NEPA’s Long Overlooked Interpretation Mandate, 38 Environmental Law Review 1031 (2008) This Article analyzes subsection 102(1) of the National Environmental Policy Act (NEPA) which directs that “to the fullest extent possible, the policies, regulations, and public laws of the United States shall be interpreted [...
New L&C Law Scholarship: Rethinking Recycling
Posted on January 22, 2009Jeffrey M. Gaba, Rethinking Recycling, 38 Environmental Law Review 1053 (2008) The United States Environmental Protection Agency (EPA) has created a complex and somewhat incoherent set of requirements that apply the Resource Conservation and Recovery Act (RCRA) hazardous waste regulatory program to recycled materials...
A New Day at Whitehouse.gov
Posted on January 20, 2009Today’s inauguration not only brings a new administration to the White House, but also to its Whitehouse.gov web site. Seemingly at the same moment that Barack Obama took the oath of office, the President’s web site was updated with a number of promising changes...
New Alumni Blog: Film Esq.
Posted on December 18, 2008Lewis and Clark Law School Alum Rodney Perkins has this month started a new blog, Film Esq. If you are at all interested in the intersection of film, comics and copyright law, this new blog is the place to go. Film Esq. is providing commentary and court documents related to the Watchmen copyright infringement lawsuit [...
Tips for Tackling Exam Stress
Posted on November 26, 2008Bit of stress in the air caused by that otherwise-positive experience we like to call law school exam season? Here are a couple of collections of timely advice on beating back those unfortunate feelings. First, the good folks at the CM Law Library Blog summarize from an otherwise offline Student Lawyer article...
Truth on the Market Named Top 10 Economic Blog
Posted on November 18, 2008Truth on the Market, the blog started and co-authored by Lewis & Clark Law School Lecturer in Law Geoffrey Manne, has been named a Top 10 *Really* Best Economics Blog by economics professor Craig M. Newmark. A nice bit of recognition for TOTM, which has continued to provide daily and insightful “academic commentary on law, business, [...
VictimLaw - Database of Victims’ Rights Law
Posted on November 12, 2008VictimLaw is a searchable online resource providing access to federal, state and tribal victims’ rights laws. Provided by the National Center for Victims of Crime with funding from the Office for Victims of Crime (Office of Justice Programs, U.S...
Election Results & Where to Vote
Posted on November 04, 2008Every two years we have been posting a list of online election results sites. You know, the best places for tracking the returns. We kind of figure that’s not necessary anymore; we’re catching up to the fact that folks seem to know their way around the election web these days...
New L&C Law Scholarship: Wielding a Finely Crafted Legal Scalpel
Posted on October 20, 2008Carey Catherine Whitehead, Wielding a Finely Crafted Legal Scalpel: Why Courts Did Not Cause the Decline of the Pacific Northwest Timber Industry, 38 Environmental Law Review 979 (2008) Undoubtedly, judicial decisions to protect forests and the environment sometimes result in economic consequences for individuals...
New L&C Law Scholarship: Environmental Law Review Volume 38, Issue 3
Posted on October 20, 2008The latest issue of Lewis & Clark Law School’s Environmental Law Review is now out. Here are the articles published in Volume 38, Issue 3 of Environmental Law Review, complete with links to the abstracts and full-text articles: Articles Justice Kennedy and Ecosystem Services: A Functional Approach to Clean Water Act Jurisdiction after Rapanos by Robin Kundis [...
New L&C Law Scholarship: Justice Kennedy and Ecosystem Services
Posted on October 20, 2008Robin Kundis Craig, Justice Kennedy and Ecosystem Services: A Functional Approach to Clean Water Act Jurisdiction after Rapanos, 38 Environmental Law Review 635 (2008) The United States Supreme Court’s most recent?and fractured?decision regarding Clean Water Act jurisdiction, Rapanos v...
New L&C Law Scholarship: Catch Me If You Can
Posted on October 20, 2008Ivan Lieben, Catch Me If You Can ? The Misapplication of the Federal Statute of Limitations to Clean Air Act PSD Permit Program Violations, 38 Environmental Law Review 667 (2008) The federal Clean Air Act (CAA) seeks to maintain air quality in areas already meeting tough air quality standards through the Prevention of Significant Deterioration (PSD) [...
New L&C Law Scholarship: The Shifting Sands of Property Rights, Federal Railroad Grants, and Economic History
Posted on October 20, 2008Danaya C. Wright, The Shifting Sands of Property Rights, Federal Railroad Grants, and Economic History: Hash v. United States and the Threat to Rail-Trail Conversions, 38 Environmental Law Review 711 (2008) This Article analyzes a Federal Circuit case from 2005 which spawned disturbing precedents in the area of federal transportation and railbanking policy...
New L&C Law Scholarship: Ossification?s Demise?
Posted on October 20, 2008Stephen M. Johnson, Ossification?s Demise? An Empirical Analysis of EPA Rulemaking From 2001?2005, 38 Environmental Law Review 767 (2008) For more than a decade, academics have suggested agencies are increasingly avoiding notice and comment rulemaking because the process has become ?ossified? by procedures imposed by Congress, courts, and the Executive Branch, and because the rules ultimately [...
New L&C Law Scholarship: Nimrod: Courts, Claims, and Killing on the Oregon Frontier - A Review
Posted on October 20, 2008Nathaniel Suchy, Nimrod: Courts, Claims, and Killing on the Oregon Frontier - A Review, 38 Environmental Law Review 793 (2008) (abstract from Environmental Law Review)
New L&C Law Scholarship: What a Long, Strange Trip It?s Been
Posted on October 20, 2008Tommy Tucker Henson II, What a Long, Strange Trip It?s Been: Broader Arranger Liability in the Ninth Circuit and Rethinking the Useful Product Doctrine, 38 Environmental Law Review 941 (2008) The Ninth Circuit recently refined its conception of ?arranger liability? under CERCLA to include transactions that contemplate disposal as a part of the transaction, and this [...
New L&C Law Scholarship: Animal Law Volume 14, Number 2
Posted on October 17, 2008The latest issue of Lewis & Clark Law School’s Animal Law is now out. Here are the articles published in Volume 14, Number 2 of Animal Law, complete with links to the abstracts and full-text articles: Articles The Japanese Dolphin Hunts: In Quest of International Legal Protection for Small Cetaceans by Rachelle Adam Two Major Flaws of the [...
New L&C Law Scholarship: The Japanese Dolphin Hunts
Posted on October 17, 2008Rachelle Adam, The Japanese Dolphin Hunts: In Quest of International Legal Protection for Small Cetaceans, 14 Animal Law 133 (2008) This article sets out to explore the international legal status of those dolphins targeted by the Japanese drive hunts...
New L&C Law Scholarship: Two Major Flaws of the Animal Rights Movement
Posted on October 17, 2008Geordie Duckler, P.h.D., Esq., Two Major Flaws of the Animal Rights Movement, 14 Animal Law 179 (2008) In its current guise, animal rights advocacy imposes few intellectual demands on its proponents, usually requiring little more than a colorful Web site and a college dictionary? the former to construct an audience, and the latter to provide the [...
New L&C Law Scholarship: Dog Meat in Korea
Posted on October 17, 2008Rakhyun E. Kim, Dog Meat in Korea: A Socio-Legal Challenge, 14 Animal Law 201 (2008) This article explores the dog meat debate in Korea from a socio-legal perspective. It first examines the legal status of dogs and dog meat, and the legal protection for dogs under the old and new legislative frameworks...
New L&C Law Scholarship: Got Organic Milk?
Posted on October 17, 2008Fatima Merchant, Got Organic Milk? ?Pasture?-ize-it! An Analysis of the USDA?s Pasture Regulations for Organic Dairy Animals, 14 Animal Law 237 (2008) People who read organic milk carton labels likely imagine the cows behind the product grazing in wide-open pastures...
New L&C Law Scholarship: Environmental Law Review Volume 38, Issue 2
Posted on October 16, 2008The latest issue of Lewis & Clark Law School’s Environmental Law Review is now out. Here are the articles published in Volume 38, Issue 2 of Environmental Law Review, complete with links to the abstracts and full-text articles: Introduction Environmental Justice: Making It A Reality by Morgan J...
New L&C Law Scholarship: Environmental Justice
Posted on October 16, 2008Morgan J. Wyenn, Julie Falender, and Brook M. Brisson, Environmental Justice: Making It A Reality, 38 Environmental Law Review 367 (2008) (abstract from Environmental Law Review)
New L&C Law Scholarship: Toxic Wastes and Race at Twenty
Posted on October 16, 2008Robert D. Bullard, Paul Mohai, Robin Saha, and Beverly Wright, Toxic Wastes and Race at Twenty: Why Race Still Matters After All These Years, 38 Environmental Law Review 371 (2008) In 1987 the United Church of Christ (UCC) published its landmark report Toxic Wastes and Race in the United States, which documented the disproportionate environmental burdens [...
New L&C Law Scholarship: Environmental Justice in Oregon
Posted on October 16, 2008Robert W. Collin, Environmental Justice in Oregon: It’s the Law, 38 Environmental Law Review 413 (2008) The emerging role of states in the formation and implementation of environmental justice policy is discussed with emphasis on Oregon and New Jersey...
New L&C Law Scholarship: Dia De Los Muertos
Posted on October 16, 2008Eileen Gauna, Dia De Los Muertos: The Death and Rebirth of the Environmental Movement, 38 Environmental Law Review 457 (2008) In the wake of the 2004 Death of Environmentalism article?a controversial piece that questioned the capacity of the environmental movement to adequately respond to climate change?environmental justice actors raised several important questions in the wake of [...
New L&C Law Scholarship: Healthy Schools
Posted on October 16, 2008Daria E. Neal, Healthy Schools: A Major Front in the Fight for Environmental Justice, 38 Environmental Law Review 473 (2008) America?s history of environmental injustice in minority and low-income communities extends to schools located in those communities...
New L&C Law Scholarship: Environmental Justice in the Tribal Context
Posted on October 16, 2008Catherine A. O’Neill, Environmental Justice in the Tribal Context: A Madness to EPA’s Method, 38 Environmental Law Review 495 (2008) This Article considers EPA?s controversial rule governing mercury emissions from coal-fired utilities. Because the harms of mercury contamination are visited disproportionately upon American Indian tribes and their members, EPA should have proceeded differently...
New L&C Law Scholarship: “Ecoterrorism”?
Posted on October 16, 2008Rebecca K. Smith, “Ecoterrorism”?: A Critical Analysis of the Vilification of Radical Environmental Activists as Terrorists, 38 Environmental Law Review 537 (2008) In order to silence political dissent and protect the profit margins of those who benefit from environmental destruction, government and private industry have repeatedly applied the terrorist label to radical environmental activists...
New L&C Law Scholarship: In My Backyard
Posted on October 16, 2008Lisa Widawsky, In My Backyard: How Enabling Hazardous Waste Trade to Developing Nations Can Improve the Basel Convention’s Ability to Achieve Environmental Justice, 38 Environmental Law Review 577 (2008) When it was drafted in 1989, the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal embodied an agreement with the potential [...
New L&C Law Scholarship: Rumors of My Demise…A Review of Break Through
Posted on October 16, 2008Oliver A. Houck, Rumors of My Demise…A Review of Break Through: From the Death of Environmentalism To The Politics of Possibility, 38 Environmental Law Review 627 (2008) (abstract from Environmental Law Review)
New L&C Law Scholarship: Lewis & Clark Law Review Volume 12, Number 3
Posted on October 15, 2008The latest issue of Lewis & Clark Law School’s Lewis & Clark Law Review is now out. Here are the articles published in Volume 12, Number 3 of Lewis & Clark Law Review, complete with links to the abstracts and full-text articles: Articles After Brown: What Would Martin Luther King Say? by Martha Minow Meriwether Lewis, the Air [...
New L&C Law Scholarship: After Brown
Posted on October 15, 2008Martha Minow, After Brown: What Would Martin Luther King Say?, 12 Lewis & Clark Law Review 599 (2008) The occasion of the first Martin Luther King Jr. Day Speech at Lewis and Clark Law School, following on the heels of the Supreme Court?s rejection of two voluntary racial school integration plans, warrants revisiting the conception of [...
New L&C Law Scholarship: Meriwether Lewis, the Air Force, and the Surge
Posted on October 15, 2008Samuel Issacharoff, Meriwether Lewis, the Air Force, and the Surge: The Problem of Constitutional Settlement, 12 Lewis & Clark Law Review 649 (2008) Much of the Constitution concerns structural divisions of authority among the political branches...
New L&C Law Scholarship: Who Mops the Floors at the Fortune 500?
Posted on October 15, 2008Cynthia Estlund, Who Mops the Floors at the Fortune 500? Corporate Self-Regulation and the Low-Wage Workplace, 12 Lewis & Clark Law Review 671 (2008) Rising inequality in the U.S. is reflected and largely created in the labor market, and in the huge and growing disparity in wages and working conditions between the top and the bottom...
New L&C Law Scholarship: May It Please The Justice
Posted on October 15, 2008Aaron Munter, May It Please The Justice: Justice Kennedy and School Desegregation after PICS, 12 Lewis & Clark Law Review 695 (2008) The 2007 Supreme Court decision in Parents Involved in Community Schools v. Seattle School District No. 1 was a significant milestone in school desegregation, throwing many school district desegregation plans into constitutional question...
New L&C Law Scholarship: C is for Confusion
Posted on October 15, 2008Sarah Koteen Barr, C is for Confusion: The Tortuous Path of Section 212(c) Relief in the Deportation Context, 12 Lewis & Clark Law Review 725 (2008) The jurisprudence of section 212(c) of the Immigration and Nationalization Act has endured more than five decades of administrative decisions, congressional amendments, administrative rulemaking, and U...
New L&C Law Scholarship: The Ruse of Rehabilitation
Posted on October 15, 2008Rebecca Johansen, The Ruse of Rehabilitation: The Supreme Court?s Misconception of Coercion in Sexual Offender Rehabilitation Programs, 12 Lewis & Clark Law Review 763 (2008) It appears the Supreme Court could use a lesson in psychology. In 2002, the Court held that revoking a prisoner?s privileges and moving him to a higher-security prison in response to [...
New L&C Law Scholarship: Ex Parte Young Remedy For State Infringement of Intellectual Property
Posted on October 15, 2008Abhay Watwe, Ex Parte Young Remedy For State Infringement of Intellectual Property, 12 Lewis & Clark Law Review 793 (2008) Unclear standards govern the availability of an Ex parte Young remedy to a plaintiff who sues a state official for intellectual property infringement...
New L&C Law Scholarship: Abigail Alliance is Not the End
Posted on October 15, 2008Amy Heverly, Abigail Alliance is Not the End: A Legislative Solution to a Human Problem, 12 Lewis & Clark Law Review 825 (2008) This year, the Supreme Court denied certiorari in the Abigail Alliance case, crushing the hopes of terminally ill patients, for whom access to experimental drugs was a last hope...
New L&C Law Scholarship: Lobbying Reform
Posted on October 15, 2008Calon Russell, Lobbying Reform: What is the Problem?, 12 Lewis & Clark Law Review 853 (2008) In 2007, Oregon enacted among the most strict government ethics laws in the country. The resulting statutes have created additional controversy, centering on disagreement about what constitutes inappropriate influence in politics...
Native American Law Blog
Posted on October 09, 2008Constitutional Law Prof Blog Another new addition to the 50+ legal blog Law Professor Blog Network has recently been introduced, the Native American Law Blog. The blog is edited by Timothy Pleasant and Deena DeGenova, both of Concord Law School. This blog looks like a great resource for tracking the Native American legal issues of the day...
New L&C Law Scholarship: Legal Studies Research Paper Series Vol. 2, No. 5
Posted on October 09, 2008The latest Lewis & Clark Law School Legal Studies Research Paper Series has now been posted. The series, part of the SSRN Legal Scholarship Network, presents papers accepted for publication and working papers of the Lewis & Clark Law School faculty...
Chief Justice Roberts on Legal Research
Posted on October 08, 2008U.S. Supreme Court Chief Justice John Roberts, in a recent talk at Drake University, provided a bit of advice to lawyers on the use of online legal research: “Supreme Court advocates have powerful new tools at their disposal, tools for finding precedent, tapping into non-legal sources of information, and constructing persuasive arguments,” he said...
Constitutional Law Prof Blog
Posted on October 06, 2008Constitutional Law Prof Blog First Monday coincides with the introduction by the Law Professor Blog Network of its latest addition, the Constitutional Law Prof Blog. The blog is edited by Steven Schwinn of John Marshall Law School (Chicago), Ruthann Robson of CUNY School of Law, and Nareissa L...
Quick Links to Legislative Histories
Posted on September 10, 2008Legislative Histories of U.S. Laws on the Internet Word has reached these shores that the invaluable Legislative Source Book has now been updated with a highly-recommended (three cheers! fist bumps! two thumbs up! two snaps up!) collection of links to Legislative Histories of U...
How to Read a Case, and Other First-Year Tips
Posted on August 21, 2008“Welcome to law school! Have a muffin. Oh, and please enjoy these and many other fine cases - we’ll be discussing them for three to four years.” Law school holds many wonders, but first the new law student must learn how to decipher case...
New L&C Law Scholarship: Lewis & Clark Law Review Volume 12, Number 2
Posted on August 12, 2008The latest issue of Lewis & Clark Law School’s Lewis & Clark Law Review is now out. Here are the articles published in Volume 12, Number 2 of Lewis & Clark Law Review, complete with links to the abstracts and full-text articles: Business Law Forum: Nonobviousness - The Shape of Things to Come Another Missed Opportunity: The [...
New L&C Law Scholarship: Another Missed Opportunity
Posted on August 12, 2008Gregory N. Mandel, Another Missed Opportunity: The Supreme Court?s Failure to Define Nonobviousness or Combat Hindsight Bias in KSR v. Teleflex, 12 Lewis & Clark Law Review 323 (2008) This Article analyzes two significant errors of omission in the Supreme Court?s recent patent decision, KSR v...
New L&C Law Scholarship: A Timing Approach to Patentability
Posted on August 12, 2008John F. Duffy, A Timing Approach to Patentability, 12 Lewis & Clark Law Review 343 (2008) Patent law?s ?obviousness? doctrine, which bars patents for ?obvious? innovations, is generally understood as trying to exclude from patentability those innovations that would have been created and disclosed even without the inducement of patent rights...
New L&C Law Scholarship: Pharma?s Nonobvious Problem
Posted on August 12, 2008Rebecca S. Eisenberg, Pharma?s Nonobvious Problem, 12 Lewis & Clark Law Review 375 (2008) This Article considers the effect of the recent decision of the U.S. Supreme Court in KSR International Co. v. Teleflex, Inc. on the nonobviousness standard for patentability as applied to pharmaceutical patents...
New L&C Law Scholarship: Nonobviousness
Posted on August 12, 2008Rochelle Cooper Dreyfuss, Nonobviousness: A Comment on Three Learned Papers, 12 Lewis & Clark Law Review 431 (2008) This Article, a comment on the contributions of John Duffy, Rebecca Eisenberg, and Gregory Mandel, addresses three areas where improvements could be made in the law on nonobviousness...
New L&C Law Scholarship: Economic Theories of the Nonobviousness Requirement for Patentability
Posted on August 12, 2008Vincenzo Denicol?, Economic Theories of the Nonobviousness Requirement for Patentability: A Survey, 12 Lewis & Clark Law Review 443 (2008) In the economics literature, there have been four main approaches to the nonobviousness requirement for patentability: option value, sequential innovation, error-cost, and complementary innovation...
New L&C Law Scholarship: Creativity, Innovation, and Obviousness
Posted on August 12, 2008R. Keith Sawyer, Creativity, Innovation, and Obviousness, 12 Lewis & Clark Law Review 461 (2008) Psychologists who study creativity have never incorporated nonobviousness into their definition of creativity. Nonetheless, much of the psychological research is relevant to legal issues, particularly in light of the Supreme Court?s decision in KSR v...
New L&C Law Scholarship: Now Why Didn?t I Think of That?
Posted on August 12, 2008Colleen M. Seifert, Now Why Didn?t I Think of That? The Cognitive Processes that Create the Obvious, 12 Lewis & Clark Law Review 489 (2008) The Supreme Court opinion in the KSR v. Teleflex case offers several claims about the cognitive processes involved in creativity...
New L&C Law Scholarship: Invisible Assumptions and the Unintentional Use of Knowledge and Experiences in Creative Cognition
Posted on August 12, 2008Steven M. Smith, Invisible Assumptions and the Unintentional Use of Knowledge and Experiences in Creative Cognition, 12 Lewis & Clark Law Review 509 (2008) Research on the cognitive processes involved in creative thinking sheds light on the nonobviousness of new ideas and inventions...
New L&C Law Scholarship: Psychologists? Views on Nonobviousness
Posted on August 12, 2008Janet Davidson and Nicole Greenberg, Psychologists? Views on Nonobviousness: Are They Obvious?, 12 Lewis & Clark Law Review 527 (2008) This Article discusses how a partnership between patent lawyers and cognitive psychologists could help resolve patent issues surrounding nonobviousness and advance what is known about innovative problem solving...
“My Badge of Honor”: L&C Law Alum Jamie Saul on Being Rejected by a Politicized DOJ
Posted on June 26, 2008My Badge of Honor: “Deselected” by Bush’s Department of Justice (pdf) by Lewis & Clark Law School alum Jamie Saul. Background: On Tuesday, June 24 the U.S. Department of Justice Office of the Inspector General and the Office of Professional Responsibility published their report on the improper use of political and ideological affiliations to reject applications to [...
Oregon Copyright Decision a Big Win for Open Access to the Law
Posted on June 20, 2008Fans of open access to law (and unless your name rhymes with Bromson-Loiters or HexisBexis, who isn’t?) will be pleased with this morning’s news that Oregon is backing away from enforcing its copyright claims on key elements of the Oregon Revised Statutes (ORS)...
New L&C Law Scholarship: Legal Studies Research Paper Series Vol. 2, No. 3
Posted on June 02, 2008The latest Lewis & Clark Law School Legal Studies Research Paper Series has now been posted. The series, part of the SSRN Legal Scholarship Network, presents papers accepted for publication and working papers of the Lewis & Clark Law School faculty...
The 100 Most Creative Moments in American Law
Posted on May 23, 2008Thinking About Law and Creativity: On the 100 Most Creative Moments in American Law In a boon for fans of law lists everywhere, Valparaiso School of Law professor Robert F. Blomquist has put together a list of the “100 Most Creative Moments in American Law...
New L&C Law Scholarship: Lewis & Clark Law Review Volume 12, Number 1
Posted on April 29, 2008The latest issue of Lewis & Clark Law School’s Lewis & Clark Law Review is now out. Here are the articles published in Volume 12, Number 1 of Lewis & Clark Law Review, complete with links to the abstracts and full-text articles: Symposium: Speech and the Public Schools After Morse v...
New L&C Law Scholarship: Our Libertarian Court
Posted on April 29, 2008Kenneth W. Starr, Our Libertarian Court: Bong Hits and the Enduring Hamiltonian-Jeffersonian Colloquy, 12 Lewis & Clark Law Review 1 (2008) The Supreme Court?s decision in Morse v. Frederick, otherwise known as the ?Bong Hits 4 Jesus? case, highlights the non-realization of Chief Justice Roberts?s goal of greater cohesion and unanimity among the nine Justices...
New L&C Law Scholarship: How Will Morse v. Frederick Be Applied?
Posted on April 29, 2008Erwin Chemerinsky, How Will Morse v. Frederick Be Applied?, 12 Lewis & Clark Law Review 17 (2008) In 2007, the Supreme Court decided Morse v. Frederick, a 5-4 decision in which Chief Justice Roberts, writing for the majority, decided that a student could be punished for displaying a banner with the words ?BONG HiTS 4 JESUS? [...
New L&C Law Scholarship: Sanctionable Conduct
Posted on April 29, 2008Sonja R. West, Sanctionable Conduct: How the Supreme Court Stealthily Opened the Schoolhouse Gate, 12 Lewis & Clark Law Review 27 (2008) The Supreme Court’s decision in Morse v. Frederick signaled that public school authority over student expression extends beyond the schoolhouse gate...
New L&C Law Scholarship: Can There Really Be “Free Speech” in Public Schools?
Posted on April 29, 2008Richard W. Garnett, Can There Really Be “Free Speech” in Public Schools?, 12 Lewis & Clark Law Review 45 (2008) The Supreme Court?s decision in Morse v. Frederick leaves unresolved many interesting and difficult problems about the authority of public-school officials to regulate public-school students? speech...
New L&C Law Scholarship: Bong Hits 4 Jesus as a Cautionary Tale of Two Cities
Posted on April 29, 2008Stephen Kanter, Bong Hits 4 Jesus as a Cautionary Tale of Two Cities, 12 Lewis & Clark Law Review 61 (2008) In September of 1987, several high school students in Tigard, Oregon wore various T-shirts allegedly promoting the use of alcohol. In January of 2002, a number of students in Juneau, Alaska held up a banner [...
New L&C Law Scholarship: High-Value Speech and the Basic Educational Mission of a Public School
Posted on April 29, 2008Douglas Laycock, High-Value Speech and the Basic Educational Mission of a Public School: Some Preliminary Thoughts, 12 Lewis & Clark Law Review 111 (2008) This Article assesses the alarming proposition at the core of the school?s argument in Morse v...
New L&C Law Scholarship: A Self-Inflicted Wound
Posted on April 29, 2008David Glazier, A Self-Inflicted Wound: A Half-Dozen Years of Turmoil Over the Guantanamo Military Commissions, 12 Lewis & Clark Law Review 131 (2008) President Bush?s November 2001 decision to try suspected terrorists by military commissions provoked immediate controversy that continues to the present day...
New L&C Law Scholarship: Damage Control
Posted on April 29, 2008John B. Dudrey, Damage Control: Two Proposals to Limit the Reach and Effect of Oregon?s Wrongful Discharge Tort, 12 Lewis & Clark Law Review 205 (2008) The wrongful discharge tort is still a fairly new player on the employee rights legal scene. Generally speaking, the tort allows a discharged employee to sue his or her employer [...
New L&C Law Scholarship: Quieting Disruption
Posted on April 29, 2008Christie S. Totten, Quieting Disruption: The Mistake of Curtailing Public Employees? Free Speech under Garcetti v. Ceballos, 12 Lewis & Clark Law Review 233 (2008) This Note critiques the United States Supreme Court?s 2006 decision in Garcetti v...
New L&C Law Scholarship: Environmental Law Review Volume 38, Issue 1
Posted on April 28, 2008The latest issue of Lewis & Clark Law School’s Environmental Law Review is now out. Here are the articles published in Volume 38, Issue 1 of Environmental Law Review, complete with links to the abstracts and full-text articles: Articles Climate Change in the Supreme Court by Lisa Heinzerling Is Environmentalism Dead? by Christopher D...
New L&C Law Scholarship: Climate Change in the Supreme Court
Posted on April 28, 2008Lisa Heinzerling, Climate Change in the Supreme Court, 38 Environmental Law Review 1 (2008) This Article provides an insider?s perspective on the lawyerly decisions that went into bringing and briefing the case of Massachusetts v. Environmental Protection Agency...
New L&C Law Scholarship: Is Environmentalism Dead?
Posted on April 28, 2008Christopher D. Stone, Is Environmentalism Dead?, 38 Environmental Law Review 19 (2008) Widely circulated allegations claim that the environmental movement has run out of steam and ?must die, so that something else??unspecified??may live.? The charge, however hyperbolic, deserves attention...
New L&C Law Scholarship: Imposing Judicial Restraints on the “Art of Deception”
Posted on April 28, 2008Michael C. Blumm & Hallison T. Putnam, Imposing Judicial Restraints on the “Art of Deception”: The Courts Cast a Skeptical Eye on Columbia Basin Salmon Restoration Efforts, 38 Environmental Law Review 47 (2008) In a follow-up to an article on Columbia Basin salmon restoration efforts published in this journal two years ago, the authors analyze several [...
New L&C Law Scholarship: Waterbirds, the 2010 Biodiversity Target, and Beyond
Posted on April 28, 2008Rachelle Adam, Waterbirds, the 2010 Biodiversity Target, and Beyond: AEWA’s Contribution to Global Biodiversity Governance, 38 Environmental Law Review 87 (2008) Our planet?s biodiversity is governed by a system of multilateral biodiversity agreements (MBDAs), created to stop the ongoing degradation of the biological infrastructure of our planet, upon which all life is dependent...
New L&C Law Scholarship: On Thin Ice
Posted on April 28, 2008Erica J. Thorson, On Thin Ice: The Failure of the United States and the World Heritage Committee to Take Climate Change Mitigation Pursuant to the World Heritage Convention Seriously, 38 Environmental Law Review 139 (2008) Climate change is the fastest growing threat to natural areas, and it has already had devastating consequences for glaciers and coral [...
New L&C Law Scholarship: Analyzing Carbon Emissions Trading
Posted on April 28, 2008Jonathan Donehower, Analyzing Carbon Emissions Trading: A Potential Cost Efficient Mechanism to Reduce Carbon Emissions, 38 Environmental Law Review 177 (2008) This Comment examines the status and effectiveness of the current carbon markets and their ability to create flexible and cost efficient tools to reduce greenhouse gas emissions...
New L&C Law Scholarship: Tying Up Loose Ends
Posted on April 28, 2008Jeannie Lee, Tying Up Loose Ends: Resolving Ambiguity in Ballot Measure 37’s Public Health and Safety Exemption, 38 Environmental Law Review 209 (2008) Measure 37 has changed the landscape of Oregon and its lauded planning system, literally and figuratively...
New L&C Law Scholarship: Has the Federal Courts’ Successive Undermining of the APA’s Presumption of Reviewability Turned the Doctrine into Fool’s Gold?
Posted on April 28, 2008Colin A. Olivers, Has the Federal Courts’ Successive Undermining of the APA’s Presumption of Reviewability Turned the Doctrine into Fool’s Gold?, 38 Environmental Law Review 243 (2008) Under the Mining Law of 1872, the Secretary of the Interior has the authority in certain circumstances to sell public lands to mining claimants...
New L&C Law Scholarship: Is Scalian Standing the Latest Sighting of the Lochner-ess Monster?
Posted on April 28, 2008Jamie Gibbs Pleune, Is Scalian Standing the Latest Sighting of the Lochner-ess Monster?: Using Global Warming to Explore the Myth of the Corporate Person , 38 Environmental Law Review 273 (2008) This Comment challenges the legal assumption that a corporation should be analogous to an individual in the standing analysis...
Oregon Claims Copyright, Seeks Removal of ORS From Internet Sites
Posted on April 16, 2008Boing Boing points us to a bit of unfortunate business between the State of Oregon and two sites, Justia and Public.Resource.Org, that post copies of the Oregon Revised Statutes (ORS). Though Oregon does not claim a copyright in the statutory text itself, it has long claimed a copyright over the “arrangement and subject-matter compilation…, the prefatory [...
Share Your Law Student Worries, Win $10,000
Posted on April 04, 2008Access Group’s One Less Worry Contest Got worries? Access to a digital video camera? Perfect! Because if you answered ‘yes’ to both of those questions you can be the winner of a $10,000 prize. Access Group, a nonprofit graduate student loan company, has commenced a nationwide search for the best (most worrisome?) video of what worries you [...
New L&C Law Scholarship: Legal Studies Research Paper Series Vol. 2, No. 2
Posted on March 20, 2008The latest Lewis & Clark Law School Legal Studies Research Paper Series has now been posted. The series, part of the SSRN Legal Scholarship Network, presents papers accepted for publication and working papers of the Lewis & Clark Law School faculty...
New L&C Law Scholarship: Animal Law Volume 14, Number 1
Posted on March 18, 2008The latest issue of Lewis & Clark Law School’s Animal Law is now out. Here are the articles published in Volume 14, Number 1 of Animal Law, complete with links to the abstracts and full-text articles: Articles A Contractarian View of Animal Rights: Insuring Against the Possibility of Being A Non-Human Animal by Julie Hilden Animal Experimentation: Lessons [...
New L&C Law Scholarship: A Contractarian View of Animal Rights
Posted on March 18, 2008Julie Hilden, A Contractarian View of Animal Rights: Insuring Against the Possibility of Being A Non-Human Animal, 14 Animal Law 5 (2007) Contemporary research results regarding non-human animals’ intelligence, emotional life, and capacity for reciprocity strongly suggest the need for a sweeping re-evaluation of their legal status as mere property...
New L&C Law Scholarship: Animal Experimentation
Posted on March 18, 2008Arthur Birmingham LaFrance, Animal Experimentation: Lessons From Human Experimentation, 14 Animal Law 29 (2007) Conventional wisdom tells us that animal experimentation is a relevant precursor to human experimentation. The failings of human experimentation to be more reliable, however, casts substantial doubt on the necessity and appropriateness of experimentation on animals...
New L&C Law Scholarship: Subverting Justice
Posted on March 18, 2008Kim McCoy, Subverting Justice: An Indictment of the Animal Enterprise Terrorism Act, 14 Animal Law 53 (2007) The Animal Enterprise Terrorism Act (AETA) creates yet another obstacle for the animal advocacy movement. This article explores the reasons behind the AETA’s enactment and its implications for those who advocate on behalf of animals...
New L&C Law Scholarship: Pets in the Eye of the Storm
Posted on March 18, 2008Megan McNabb, Pets in the Eye of the Storm: Hurricane Katrina Floods the Courts With Pet Custody Disputes, 14 Animal Law 71 (2007) The story of King Solomon includes the often-told tale of two women, both claiming ownership of one baby, who come before the king’s court in order to resolve their quarrel as to which [...
New L&C Law Scholarship: At A Complex Crossroads
Posted on March 18, 2008Rob Roy Smith, At A Complex Crossroads: Animal Law In Indian Country, 14 Animal Law 109 (2007) Animals play an especially important role in Indian history and culture. The value of animals to the tribes is reflected in every aspect of their culture, from song and dance to land use and treaty terms...
Decisions of the Interior Board of Indian Appeals Now Online
Posted on March 17, 2008Decisions of the Interior Board of Indian Appeals Decisions of the Interior Board of Indian Appeals return to the free web for the first time in years. The decisions have been under a judicially-enforced absence following the shut down of much of the Bureau of Indian Affairs website during the Cobell Indian Trust Fund litigation...
Western Waters Digital Library
Posted on March 07, 2008An excellent resource from, and about, the wetter part of our backyard is well described this week by the Scout Report: From the earliest European explorers to the time of modern engineers and hydrologists, the vast reserves of water within the Western United States have been the cause of both great excitement and concern...
What Judges Look for in Law Clerks
Posted on March 07, 2008Utah law professor Paul Cassell, who recently retired from the federal bench, is now contributing to the estimable The Volokh Conspiracy blog. Today Judge Cassell posts a few quick thoughts on what federal judges look for when hiring clerks. In short, federal judges are looking for clerks with these attributes: Ability to write Good judgment Good ‘fit’ He also recommends [...
Oregon Supreme Court Visits Campus
Posted on March 03, 2008Lewis & Clark Law School today welcomes the Oregon Supreme Court for their annual visit to campus. The Court will be hearing oral arguments in the following two cases, beginning at 9:00 a.m.: Gafur v. Legacy Good Samaritan Hospital and Medical Center, S055175, A130070 Defendants Legacy Good Samaritan Hospital and Medical Center, et al...
New L&C Law Scholarship: Incorporating Emergy Synthesis into Environmental Law
Posted on January 25, 2008New L&C Law Scholarship: Science, Risk, and Risk Assessment and Their Role(s) Supporting Environmental Risk Management
Posted on January 25, 2008New L&C Law Scholarship: The Complementary Roles of Common Law Courts and Federal Agencies in Producing and Using Policy-Relevant Scientific Information
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