Legal Research

New L&C Law Scholarship: The Shifting Sands of Property Rights, Federal Railroad Grants, and Economic History

Posted on October 20, 2008
Danaya 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, 2008
Stephen 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, 2008
Nathaniel 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, 2008
Tommy 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 [...

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New L&C Law Scholarship: Animal Law Volume 14, Number 2

Posted on October 17, 2008
The 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, 2008
Rachelle 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, 2008
Geordie 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, 2008
Rakhyun 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, 2008
Fatima 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, 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 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, 2008
Morgan 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, 2008
Robert 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, 2008
Robert 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, 2008
Eileen 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, 2008
Daria 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, 2008
Catherine 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, 2008
Rebecca 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, 2008
Lisa 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, 2008
Oliver 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, 2008
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 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, 2008
Martha 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, 2008
Samuel 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, 2008
Cynthia 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, 2008
Aaron 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, 2008
Sarah 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, 2008
Rebecca 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, 2008
Abhay 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, 2008
Amy 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, 2008
Calon 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, 2008
Constitutional 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...

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