Legal Research

New L&C Law Scholarship: To Tax Tribes or Not to Tax Tribes?

Posted on January 26, 2009
David 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, 2009
Richard 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, 2009
Alex 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, 2009
Matthew 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 [...

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New L&C Law Scholarship: Practical Sovereignty, Political Sovereignty, and the Indian Tribal Energy Development and Self-Determination Act

Posted on January 26, 2009
Judith 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, 2009
Robert 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, 2009
Stephen 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, 2009
Craig 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, 2009
Paul 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, 2009
The 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, 2009
This 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, 2009
Keith 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, 2009
Meredith 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, 2009
Terence 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, 2009
Annecoos 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, 2009
James 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, 2009
Jane 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, 2009
The 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, 2009
Joel 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, 2009
Jeffrey 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, 2009
Today’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, 2008
Lewis 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, 2008
Bit 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, 2008
Truth 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, 2008
VictimLaw 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, 2008
Every 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, 2008
Carey 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, 2008
The 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, 2008
Robin 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, 2008
Ivan 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) [...

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