Legal Research

New L&C Law Scholarship: Breach Without Remedy in the International Forum and the Need for Self-Help`

Posted on May 05, 2009
Scott 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, 2009
Graeme 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, 2009
Lawrence 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, 2009
Diane 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 [...

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New L&C Law Scholarship: The Meaning, Measure, and Misuse of Standards of Review

Posted on May 05, 2009
Amanda 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, 2009
Chrystin 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, 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 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, 2009
David 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, 2009
Mary 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, 2009
Mary 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, 2009
Andrew 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, 2009
Stephanie 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, 2009
Brent 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, 2009
Bryan 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, 2009
The 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, 2009
The 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...

How to Find a Lawyer in Oregon

Posted on February 27, 2009

New L&C Law Scholarship: Animal Law Volume 15, Number 1

Posted on February 18, 2009
The 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, 2009
Joyce 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, 2009
Dane 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, 2009
Caroline 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, 2009
Rebecca 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, 2009
Alexis 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, 2009
Kate 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, 2009
Robert 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, 2009
A 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, 2009
ProPublica, 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, 2009
NYU 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, 2009
Thanks 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, 2009
Gavin 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...

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