Legal Research

New L&C Law Scholarship: Separation of Powers and Federal Land Management

Posted on September 07, 2010
Kelly Y. Fanizzo, Separation of Powers and Federal Land Management: Enforcing the Direction of the President under the Antiquities Act, 40 Environmental Law Review 765 (2010) This article examines whether a third party can sue to compel an executive agency to comply with a presidential proclamation...

New L&C Law Scholarship: Have Washington Courts Lost Essential Nexus to the Precautionary Principle?

Posted on September 07, 2010
Brian T. Hodges & Daniel A. Himebaugh, Have Washington Courts Lost Essential Nexus to the Precautionary Principle? Citizens’ Alliance For Property Rights v. Sims , 40 Environmental Law Review 829 (2010) The essential nexus test requires the government to establish a cause-and-effect connection between property development and an identified public problem before placing conditions on development...

New L&C Law Scholarship: Dirty Dishes, Dirty Laundry, and Windy Mills

Posted on September 07, 2010
LaVonda N. Reed-Huff, Dirty Dishes, Dirty Laundry, and Windy Mills: A Framework for Regulation of Clean Energy Devices, 40 Environmental Law Review 859 (2010) This article proposes a framework for federal regulation of clean energy devices. It addresses the parallels between the government?s interests which led it to occupy a space in the regulation of [...

New L&C Law Scholarship: Suction Dredge Mining

Posted on September 07, 2010
Adrianne DelCotto, Suction Dredge Mining: The United States Forest Service Hands Miners the Golden Ticket, 40 Environmental Law Review 1021 (2010) Recreational suction dredge mining is a popular method of gold mining in the Pacific Northwest. In this Chapter, Ms...

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New L&C Law Scholarship: Delineating Deference to Agency Science

Posted on September 07, 2010
Laura Anzie Nelson, Delineating Deference to Agency Science: Doctrine or Political Ideology?, 40 Environmental Law Review 1057 (2010) Science and policy weave together to support many federal agency decisions. However, upon an administrative challenge, the judiciary is left to decipher which threads of a decision are factually based, deserving more deference, and which are policy [...

New L&C Law Scholarship: Environmental Law Review Volume 40, Issue 3

Posted on September 07, 2010
The latest issue of Lewis & Clark Law School’s Environmental Law Review is now out. Here are the articles published in Volume 40, Issue 3 of Environmental Law Review, complete with links to the abstracts and full-text articles: Articles Separation of Powers and Federal Land Management: Enforcing the Direction of the President under the Antiquities Act by [...

New L&C Law Scholarship: Let the Grand Experiment Begin

Posted on July 15, 2010
Sarah Rudolph Cole, Let the Grand Experiment Begin: Pyett Authorizes Arbitration of Unionized Employees’ Statutory Discrimination Claims, 14 Lewis & Clark Law Review 861 (2010) In 14 Penn Plaza LLC v. Pyett, the Supreme Court affirmed the ability of unions and employers to negotiate arbitration clauses that require unionized employees to arbitrate statutory claims...

New L&C Law Scholarship: Contracting Around Hall Street

Posted on July 15, 2010
Christopher R. Drahozal, Contracting Around Hall Street, 14 Lewis & Clark Law Review 905 (2010) This Article examines the extent to which expanded court review of arbitration awards remains available after the Supreme Court’s decision in Hall Street Associates, L...

New L&C Law Scholarship: The Other Avenues of Hall Street and Prospects for Judicial Review of Arbitral Awards

Posted on July 15, 2010
Maureen A. Weston, The Other Avenues of Hall Street and Prospects for Judicial Review of Arbitral Awards, 14 Lewis & Clark Law Review 929 (2010) In Hall Street Associates, L.L.C. v. Mattel, Inc., the U.S. Supreme Court held that the Federal Arbitration Act (FAA) provided the exclusive grounds for judicial vacatur and modification of arbitral awards [...

New L&C Law Scholarship: Nonsignatories in Arbitration

Posted on July 15, 2010
Aubrey L. Thomas, Nonsignatories in Arbitration: A Good-Faith Analysis, 14 Lewis & Clark Law Review 953 (2010) As businesses conduct more and more transactions in the world market, the ability to settle disputes between international parties in a neutral forum has become a paramount concern...

New L&C Law Scholarship: The Ethics of Contract Drafting

Posted on July 15, 2010
Gregory M. Duhl, The Ethics of Contract Drafting, 14 Lewis & Clark Law Review 989 (2010) This Article provides the first comprehensive discussion of the ethical obligations and duties to non-clients of lawyers drafting contracts. It discusses fraudulent representations and warranties, errors, fraud, and “conscious ambiguity” in transcription, as well as “iffy” and invalid clauses, and [...

New L&C Law Scholarship: Reforming the Law of Adhesion Contracts

Posted on July 15, 2010
Shelley Smith, Reforming the Law of Adhesion Contracts: A Judicial Response to the Subprime Mortgage Crisis, 14 Lewis & Clark Law Review 1035 (2010) This Article examines the role of contracts of adhesion1 in the form of home mortgages and installment sale contracts, as well as in causing the Great Depression and the subprime mortgage crisis...

New L&C Law Scholarship: Passive Observers, Passive Displays, and the Establishment Clause

Posted on July 15, 2010
Mark Strasser, Passive Observers, Passive Displays, and the Establishment Clause, 14 Lewis & Clark Law Review 1123 (2010) This Article examines jurisprudence surrounding state action, and when that action does and does not violate the Establishment Clause...

New L&C Law Scholarship: Terror Firma

Posted on July 15, 2010
Scott Aldworth, Terror Firma: The Unyielding Terrorism Bar in the Immigration and Nationality Act, 14 Lewis & Clark Law Review 1159 (2010) The terrorism bar casts a long shadow in the Immigration and Nationality Act (INA). If it applies to a non-citizen, that person is ineligible for essentially any form of immigration relief...

New L&C Law Scholarship: A., B. & C. v. Ireland: “Europe’s Roe v. Wade”?

Posted on July 15, 2010
Shannon K. Calt, A., B. & C. v. Ireland: “Europe’s Roe v. Wade”?, 14 Lewis & Clark Law Review 1189 (2010) In Ireland, abortion is effectively illegal. In 2005, three Irish women who had previously traveled to England for abortions brought suit in the European Court of Human Rights asserting that restrictive and unclear Irish laws [...

New L&C Law Scholarship: Lewis & Clark Law Review Volume 14, Number 3

Posted on July 15, 2010
The latest issue of Lewis & Clark Law School’s Lewis & Clark Law Review is now out. Here are the articles published in Volume 14, Number 3 of Lewis & Clark Law Review, complete with links to the abstracts and full-text articles: Symposium: The Supreme Court and Arbitration An Introduction to the Symposium by Edward Brunet The [...

New L&C Law Scholarship: An Introduction to the Symposium

Posted on July 15, 2010
Edward Brunet, An Introduction to the Symposium, 14 Lewis & Clark Law Review 821 (2010)

New L&C Law Scholarship: The Pretext of Textualism

Posted on July 15, 2010
Margaret L. Moses, The Pretext of Textualism: Disregarding Stare Decisis in 14 Penn Plaza v. Pyett, 14 Lewis & Clark Law Review 825 (2010) In 14 Penn Plaza LLC v. Pyett, the Supreme Court ignored the principles of stare decisis and justified its disregard of precedent established thirty-five years earlier in Alexander v...

New L&C Law Scholarship: Animal Law Volume 16, Issue 2

Posted on July 14, 2010
The latest issue of Lewis & Clark Law School’s Animal Law is now out. Here are the articles published in Volume 16, Issue 2 of Animal Law, complete with links to the abstracts: Introduction Incorporating Animal Law Into Private Practice by Holly Anne Gibbons Articles The Nature and Effects of Constitutional State Objectives: Assessing the German Basic Law?s Animal [...

New L&C Law Scholarship: Incorporating Animal Law Into Private Practice

Posted on July 14, 2010
Holly Anne Gibbons, Incorporating Animal Law Into Private Practice, 16 Animal Law 207 (2010)

New L&C Law Scholarship: The Nature and Effects of Constitutional State Objectives

Posted on July 14, 2010
Claudia E. Haupt, The Nature and Effects of Constitutional State Objectives: Assessing the German Basic Law’s Animal Protection Clause, 16 Animal Law 213 (2010) In 2002, an animal protection clause was added to Article 20a of the German Constitution...

New L&C Law Scholarship: The Regulation of Kosher Slaughter in the United States

Posted on July 14, 2010
Melissa Lewis, The Regulation of Kosher Slaughter in the United States: How to Supplement Religious Law So As To Ensure the Humane Treatment of Animals, 16 Animal Law 259 (2010) It is often argued that one of the most humane methods of killing an animal is through the performance of kosher slaughter...

New L&C Law Scholarship: Teaching Posthumanist Ethics in Law School

Posted on July 14, 2010
Maneesha Deckha, Teaching Posthumanist Ethics in Law School: The Race, Culture, and Gender Dimensions of Student Resistance, 16 Animal Law 287 (2010) This Essay challenges laws’ hegemonic humanist boundaries by analyzing the challenges involved in mainstreaming posthumanist subjects into the legal curricula...

New L&C Law Scholarship: Habitat-Based Conservation Legislation

Posted on July 14, 2010
Tara Zuardo, Habitat-Based Conservation Legislation: A New Direction For Sea Turtle Conservation, 16 Animal Law 317 (2010) This Comment explores various agreements designed to protect sea turtles at international and local levels as migratory species...

New L&C Law Scholarship: Saving Lives or Spreading Fear

Posted on July 14, 2010
Kevin R. Grubbs, Saving Lives or Spreading Fear: The Terroristic Nature of Eco-Extremism, 16 Animal Law 351 (2010) Much debate has surfaced surrounding so-called “eco-terrorism.” Some commentators argue that such activity is not and should not be called terrorism...

New L&C Law Scholarship: 2009 Legislative Review

Posted on July 14, 2010
Robin C. McGinnis, Jennifer O’Brien & Randall Szabo, 2009 Legislative Review, 16 Animal Law 371 (2010)

New L&C Law Scholarship: Lewis & Clark Law Review Volume 14, Number 2

Posted on July 09, 2010
The latest issue of Lewis & Clark Law School’s Lewis & Clark Law Review is now out. Here are the articles published in Volume 14, Number 2 of Lewis & Clark Law Review, complete with links to the abstracts and full-text articles: Business Law Forum Introduction by H...

New L&C Law Scholarship: Introduction

Posted on July 09, 2010
H. Thomas Gomez-Arostegui, Lydia Pallas Loren, and Joseph Scott Miller, Introduction, 14 Lewis & Clark Law Review 451 (2010) On October 2, 2009, Lewis & Clark Law School brought scholars and practitioners together to discuss remedies in intellectual property law...

New L&C Law Scholarship: Some Open Questions About Intellectual Property Remedies

Posted on July 09, 2010
Michael Traynor and Katy Hutchinson, Some Open Questions About Intellectual Property Remedies, 14 Lewis & Clark Law Review 453 (2010) This Essay addresses four questions about intellectual property remedies. It assesses the implications of eBay Inc...

New L&C Law Scholarship: Trademark Remedies and Online Intermediaries

Posted on July 09, 2010
Stacey L. Dogan, Trademark Remedies and Online Intermediaries, 14 Lewis & Clark Law Review 467 (2010) For several years now, courts and commentators have tussled over the question of whether online intermediaries can face liability under trademark law...

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