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By Lewis & Clark Law School's Boley Law Library

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Last Entry: March 29, 2011 at 20:27:51

New L&C Law Scholarship: Climate Change in the Supreme Court

Posted on April 28, 2008
Lisa Heinzerling, Climate Change in the Supreme Court, 38 Environmental Law Review 1 (2008) This Article provides an insider?s perspective on the lawyerly decisions that went into bringing and briefing the case of Massachusetts v. Environmental Protection Agency...

New L&C Law Scholarship: Is Environmentalism Dead?

Posted on April 28, 2008
Christopher D. Stone, Is Environmentalism Dead?, 38 Environmental Law Review 19 (2008) Widely circulated allegations claim that the environmental movement has run out of steam and ?must die, so that something else??unspecified??may live.? The charge, however hyperbolic, deserves attention...

New L&C Law Scholarship: Imposing Judicial Restraints on the “Art of Deception”

Posted on April 28, 2008
Michael C. Blumm & Hallison T. Putnam, Imposing Judicial Restraints on the “Art of Deception”: The Courts Cast a Skeptical Eye on Columbia Basin Salmon Restoration Efforts, 38 Environmental Law Review 47 (2008) In a follow-up to an article on Columbia Basin salmon restoration efforts published in this journal two years ago, the authors analyze several [...

New L&C Law Scholarship: Waterbirds, the 2010 Biodiversity Target, and Beyond

Posted on April 28, 2008
Rachelle Adam, Waterbirds, the 2010 Biodiversity Target, and Beyond: AEWA’s Contribution to Global Biodiversity Governance, 38 Environmental Law Review 87 (2008) Our planet?s biodiversity is governed by a system of multilateral biodiversity agreements (MBDAs), created to stop the ongoing degradation of the biological infrastructure of our planet, upon which all life is dependent...

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New L&C Law Scholarship: On Thin Ice

Posted on April 28, 2008
Erica J. Thorson, On Thin Ice: The Failure of the United States and the World Heritage Committee to Take Climate Change Mitigation Pursuant to the World Heritage Convention Seriously, 38 Environmental Law Review 139 (2008) Climate change is the fastest growing threat to natural areas, and it has already had devastating consequences for glaciers and coral [...

New L&C Law Scholarship: Analyzing Carbon Emissions Trading

Posted on April 28, 2008
Jonathan Donehower, Analyzing Carbon Emissions Trading: A Potential Cost Efficient Mechanism to Reduce Carbon Emissions, 38 Environmental Law Review 177 (2008) This Comment examines the status and effectiveness of the current carbon markets and their ability to create flexible and cost efficient tools to reduce greenhouse gas emissions...

New L&C Law Scholarship: Tying Up Loose Ends

Posted on April 28, 2008
Jeannie Lee, Tying Up Loose Ends: Resolving Ambiguity in Ballot Measure 37’s Public Health and Safety Exemption, 38 Environmental Law Review 209 (2008) Measure 37 has changed the landscape of Oregon and its lauded planning system, literally and figuratively...

New L&C Law Scholarship: Has the Federal Courts’ Successive Undermining of the APA’s Presumption of Reviewability Turned the Doctrine into Fool’s Gold?

Posted on April 28, 2008
Colin A. Olivers, Has the Federal Courts’ Successive Undermining of the APA’s Presumption of Reviewability Turned the Doctrine into Fool’s Gold?, 38 Environmental Law Review 243 (2008) Under the Mining Law of 1872, the Secretary of the Interior has the authority in certain circumstances to sell public lands to mining claimants...

New L&C Law Scholarship: Is Scalian Standing the Latest Sighting of the Lochner-ess Monster?

Posted on April 28, 2008
Jamie Gibbs Pleune, Is Scalian Standing the Latest Sighting of the Lochner-ess Monster?: Using Global Warming to Explore the Myth of the Corporate Person , 38 Environmental Law Review 273 (2008) This Comment challenges the legal assumption that a corporation should be analogous to an individual in the standing analysis...

Oregon Claims Copyright, Seeks Removal of ORS From Internet Sites

Posted on April 16, 2008
Boing Boing points us to a bit of unfortunate business between the State of Oregon and two sites, Justia and Public.Resource.Org, that post copies of the Oregon Revised Statutes (ORS). Though Oregon does not claim a copyright in the statutory text itself, it has long claimed a copyright over the “arrangement and subject-matter compilation…, the prefatory [...

Share Your Law Student Worries, Win $10,000

Posted on April 04, 2008
Access Group’s One Less Worry Contest Got worries? Access to a digital video camera? Perfect! Because if you answered ‘yes’ to both of those questions you can be the winner of a $10,000 prize. Access Group, a nonprofit graduate student loan company, has commenced a nationwide search for the best (most worrisome?) video of what worries you [...

New L&C Law Scholarship: Legal Studies Research Paper Series Vol. 2, No. 2

Posted on March 20, 2008
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...

New L&C Law Scholarship: Animal Law Volume 14, Number 1

Posted on March 18, 2008
The latest issue of Lewis & Clark Law School’s Animal Law is now out. Here are the articles published in Volume 14, Number 1 of Animal Law, complete with links to the abstracts and full-text articles: Articles A Contractarian View of Animal Rights: Insuring Against the Possibility of Being A Non-Human Animal by Julie Hilden Animal Experimentation: Lessons [...

New L&C Law Scholarship: A Contractarian View of Animal Rights

Posted on March 18, 2008
Julie Hilden, A Contractarian View of Animal Rights: Insuring Against the Possibility of Being A Non-Human Animal, 14 Animal Law 5 (2007) Contemporary research results regarding non-human animals� intelligence, emotional life, and capacity for reciprocity strongly suggest the need for a sweeping re-evaluation of their legal status as mere property...

New L&C Law Scholarship: Animal Experimentation

Posted on March 18, 2008
Arthur Birmingham LaFrance, Animal Experimentation: Lessons From Human Experimentation, 14 Animal Law 29 (2007) Conventional wisdom tells us that animal experimentation is a relevant precursor to human experimentation. The failings of human experimentation to be more reliable, however, casts substantial doubt on the necessity and appropriateness of experimentation on animals...

New L&C Law Scholarship: Subverting Justice

Posted on March 18, 2008
Kim McCoy, Subverting Justice: An Indictment of the Animal Enterprise Terrorism Act, 14 Animal Law 53 (2007) The Animal Enterprise Terrorism Act (AETA) creates yet another obstacle for the animal advocacy movement. This article explores the reasons behind the AETA�s enactment and its implications for those who advocate on behalf of animals...

New L&C Law Scholarship: Pets in the Eye of the Storm

Posted on March 18, 2008
Megan McNabb, Pets in the Eye of the Storm: Hurricane Katrina Floods the Courts With Pet Custody Disputes, 14 Animal Law 71 (2007) The story of King Solomon includes the often-told tale of two women, both claiming ownership of one baby, who come before the king�s court in order to resolve their quarrel as to which [...

New L&C Law Scholarship: At A Complex Crossroads

Posted on March 18, 2008
Rob Roy Smith, At A Complex Crossroads: Animal Law In Indian Country, 14 Animal Law 109 (2007) Animals play an especially important role in Indian history and culture. The value of animals to the tribes is reflected in every aspect of their culture, from song and dance to land use and treaty terms...

Decisions of the Interior Board of Indian Appeals Now Online

Posted on March 17, 2008
Decisions of the Interior Board of Indian Appeals Decisions of the Interior Board of Indian Appeals return to the free web for the first time in years. The decisions have been under a judicially-enforced absence following the shut down of much of the Bureau of Indian Affairs website during the Cobell Indian Trust Fund litigation...

Western Waters Digital Library

Posted on March 07, 2008
An excellent resource from, and about, the wetter part of our backyard is well described this week by the Scout Report: From the earliest European explorers to the time of modern engineers and hydrologists, the vast reserves of water within the Western United States have been the cause of both great excitement and concern...

What Judges Look for in Law Clerks

Posted on March 07, 2008
Utah law professor Paul Cassell, who recently retired from the federal bench, is now contributing to the estimable The Volokh Conspiracy blog. Today Judge Cassell posts a few quick thoughts on what federal judges look for when hiring clerks. In short, federal judges are looking for clerks with these attributes: Ability to write Good judgment Good ‘fit’ He also recommends [...

Oregon Supreme Court Visits Campus

Posted on March 03, 2008
Lewis & Clark Law School today welcomes the Oregon Supreme Court for their annual visit to campus. The Court will be hearing oral arguments in the following two cases, beginning at 9:00 a.m.: Gafur v. Legacy Good Samaritan Hospital and Medical Center, S055175, A130070 Defendants Legacy Good Samaritan Hospital and Medical Center, et al...