Legal Research

New L&C Law Scholarship: Religious References in Death Sentence Phases of Trials

Posted on December 21, 2009
H. Lyssette Chavez and Monica K. Miller, Religious References in Death Sentence Phases of Trials: Two Psychological Theories That Suggest Judicial Rulings and Assumptions May Affect Jurors, 13 Lewis & Clark Law Review 1037 (2009) The effect of religious references in the courtroom has garnered recent attention by researchers interested in the role of religion in [...

New L&C Law Scholarship: Landlords, Dance Halls, and UGC Hosts

Posted on December 21, 2009
Casey C. Charles, Landlords, Dance Halls, and UGC Hosts: Direct Financial Benefit and the Digital Millennium Copyright Act, 13 Lewis & Clark Law Review 1085 (2009) In 1998, the prospect of secondary liability severely crippling the Internet inspired Congress to pass the Digital Millennium Copyright Act (DMCA)...

New L&C Law Scholarship: Add One to the Arsenal

Posted on December 21, 2009
Kathryn Douglass, Add One to the Arsenal: Corporate Securities Laws in the Fight to Slow Global Warming, 13 Lewis & Clark Law Review 1119 (2009) Two large energy companies recently agreed to disclose their climate change risks in annual Securities and Exchange Commission (“SEC”) filings...

New L&C Law Scholarship: Animal Law Volume 15, Issue 2

Posted on November 10, 2009
The 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: Introduction A Call To Action: Concrete Proposals For Reducing Widespread Animal Suffering In The United States by Dana M...

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New L&C Law Scholarship: A Call To Action

Posted on November 10, 2009
Dana 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: California Proposition 2

Posted on November 10, 2009
Jonathan 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, 2009
Marianne 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, 2009
Edward 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, 2009
Marla 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: Lewis & Clark Law Review Volume 13, Number 3

Posted on October 08, 2009
The 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, 2009
James 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, 2009
Robert 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, 2009
Thomas 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: Environmental Law Review Volume 39, Issue 3

Posted on September 18, 2009
The 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, 2009
Keith 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, 2009
Fred 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, 2009
Mark 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, 2009
John 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, 2009
Suzanne 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, 2009
The 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, 2009
Christopher 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, 2009
Andrew 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, 2009
Kristina 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, 2009
William 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, 2009
Mark 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, 2009
Kathy 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, 2009
The 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, 2009
Ingrid 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, 2009
Paul 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, 2009
John 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 [...

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