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Contemporary Issues in Climate Change Law and Policy: Essays Inspired by the IPCC

Stephen R. Miller

The Intergovernmental Panel on Climate Change’s most recent set of reports, generally referred to collectively as the Fifth Assessment Report, present significant data and findings about climate change. But what role does law play in addressing and responding to these findings? This book, the second by the Environmental Law Collaborative, an affiliation of environmental law professors, focuses on the relationship between law and the Fifth Assessment Report in hopes of bridging this gap. This book’s chapters are illustrative of the overwhelming number of legal issues that climate change creates. Some of the contributions remain directly tied to the text of the IPCC’s reports, while others focus on climate change more generally. Together, this volume contributes to a constructive and helpful discussion about how to address the climate change challenge.
Idaho Child Protection Manual: A Practical Guide for Judges and Attorneys, 4th Ed.

Elizabeth Brandt

This manual follows a child protection action through each step and provides substantive information on important issues that may arise. Chapters two through ten correspond with the normal process of a child protection case, chapter eleven provides information on the specific requirements of the Indian Child Welfare Act that can arise at any step of the proceeding, and chapter twelve focuses on specific substantive issues that may arise, such as including unwed fathers in proceedings and the Idaho Safe Haven statute.
Application of the Adaptive Water Governance Project to the Management of the Lake Eyre Basin and Its Connections to the Great Artesian Basin

Barbara Cosens

This report applies the findings of the Adaptive Water Governance Project (AWG Project) to water management in South Australia and specifically to the Lake Eyre Basin (LEB) and its linkages to the Great Artesian Basin (GAB). The AWG Project is focused on the role of law in achieving water governance capable of facilitating management, adaptation and transformation in the face of climate change. The AWG Project approach begins with characterization of a water basin focusing on the interaction between humans and water. It then identifies the potential drivers of change and the legacy impacts that may constrain future options. The final step requires an analysis of the legal framework and authority for water management. This approach allows consideration of the role of law in a basin-specific context.
Questions & Answers: Administrative Law

Linda Jellum

This study guide uses over 200 multiple-choice and short-answer questions to test your students' knowledge of administrative law and procedure. It includes an introduction to the study of administrative law and the Administrative Procedure Act, and covers such topics as agency legitimacy and structure, legislative rulemaking and non-legislative rulemaking, adjudication, due process, retroactivity, availability of judicial review, standard of judicial review, inspections, reports, subpoenas, the Freedom of Information Act, and attorneys' fees.

Each multiple-choice question is accompanied by a detailed answer that indicates which of four options is the best answer and explains why that option is better than the other three options. Each short-answer question (designed to be answered in no more than fifteen minutes) is followed by a thoughtful, yet brief, model answer. Q & A: Administrative Law also includes a comprehensive topical index.
Idaho Legal Research, Second Edition

Kristina J. Running

This book is intended for the law student, professor, attorney, legal assistant, or librarian who needs to become familiar with Idaho state law. The goal of the book is to provide a concise, accessible, but meaningful introduction to legal research in this state.

Idaho Legal Research begins with an overview of the legal research process and an introduction to the key sources of legal research. A second chapter reviews research techniques using print and online resources. Following these introductory chapters, the book addresses primary law with chapters on constitutions, judicial opinions, statutes, and administrative law. Additional chapters cover bill tracking and legislative history, rules of court and professional ethics, citators (KeyCite and Shepard’s), secondary sources, and research strategies. An appendix to the book introduces the fundamentals of legal citation.

Outlines of the research process and short excerpts from Idaho sources make legal research easy to understand. Legal analysis (with special emphasis on Idaho history and use) is included in key portions of the book. Concise descriptions of federal resources are provided, supplementing the book’s focus on Idaho material.
Examples & Explanations in Administrative Law, 5th Ed.

Richard Henry Seamon

Provides students with comprehensive coverage and discussion on administrative law in the time-tested Examples and Explanations format. A favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester.
Mastering Statutory Interpretation, Second Edition

Linda Jellum

Mastering Statutory Interpretation explains the methods of interpreting statutes, including a discussion of the various theories and canons of interpretation. The book begins by exploring these theories and identifying the sources of meaning the theorists use to interpret statutes, including intrinsic, extrinsic, and policy-based. Throughout, the text uses the major cases in each area of study to explain how the canons work in practice. Finally, each chapter provides a concise roadmap and summary to introduce and encapsulate the most important material.

The second edition adds one new chapter to address the administrative issues that faculty teaching legislation and regulation need, as well as a running hypothetical to help students better implement what they are learning.
Administrative Law: A Context and Practice Casebook

Richard Henry Seamon

This book helps students learn how to think and act like administrative lawyers. The book’s structure and contents reflect that most law school graduates do not become appellate judges; rather, most law school graduates have actual clients—either clients with matters before administrative agencies or clients who are themselves administrative agencies—on whose behalf they must identify the relevant law, learn the applicable agency procedures, and build a favorable record. The book begins by introducing the components of administrative law. Then it teaches students how to learn about an unfamiliar agency, how to analyze and research various types of agency action (e.g. agency rulemaking and adjudication), and how to obtain review of agency actions at the administrative and judicial levels. The book uses problems to provide a practitioner-focused approach to the subject. It also uses learning tools such as checklists and graphics. Of course, the book also includes excerpts of the major judicial opinions that make up the administrative-law canon.
Strategies and Techniques for Teaching Administrative Law

Richard Henry Seamon

This short book offers advice for teaching a law school course on administrative law. It is a companion to Strategies and Techniques of Law School Teaching by Howard E. Katz and Kevin Francis O’Neill. Whereas Katz and O’Neill’s book offers general advice on law school teaching, this book emphasizes features of teaching an administrative law course that are distinctive and that first- or second-time teachers of the course might find useful.
The Supreme Court Sourcebook

Richard Henry Seamon

The Supreme Court Sourcebook provides carefully selected, edited, and analyzed materials on the Court, including academic literature, historical materials, internal court documents, Court filings, and judicial opinions. The flexible organization suits a variety of courses. An online component keeps the book current and interesting, with ready-to-use materials in pending cases for advocacy and opinion-writing simulations. The combined package gives professors a turnkey solution for teaching a theoretical course (examination of the Supreme Court as an institution), a hands-on course (simulations of oral argument and opinion writing in pending cases), or any custom combination in between. All of the authors have significant Supreme Court experience: Seamon served with now Chief Justice John Roberts in the Office of the U.S. Solicitor General, representing the U.S. in cases before the Court; Siegel clerked for Justice John Paul Stevens; Thai clerked for Justice John Paul Stevens and Justice Byron R. White; and Watts clerked for Justice John Paul Stevens.
The Columbia River Treaty Revisited: Transboundary River Governance in the Face of Uncertainty

Barbara Cosens

The Columbia River Treaty, passed in 1964, split hydropower and flood control regulation of the river between Canada and the United States. Some of its provisions will expire in 2024, and either country must give ten years’ notice of any desired alteration or termination.

The Columbia River Treaty Revisited, with contributions from historians, geographers, environmental scientists, and other experts, is intended to facilitate conversation about the impending expiration. It allows the reader, through the close inspection of the Columbia River Basin, to better grasp the uncertainty of water governance. It aids efforts, already underway, to understand changes in the basin since the treaty was passed, to predict future changes, and to determine whether alteration of the treaty is ultimately advisable.

The Columbia River Treaty Revisited will appeal to those interested in water basin management–scholars, stakeholders, and residents of the Columbia River basin alike.

The Universities Consortium on Columbia River Governance, with representatives from universities in the U.S. and Canada, formed to offer a nonpartisan platform to facilitate an informed, inclusive, international dialogue among key decision-makers and other interested people and organizations; to connect university research to problems faced within the basin; and to expose students to a complex water resources problem. The Consortium organized the symposium on which this volume is based.
The Future of Indian and Federal Reserved Water Rights: The Winters Centennial

Barbara Cosens

On January 6, 1908, the Supreme Court ruled that when land is set aside for the use of Indian tribes, that reservation of land includes reserved water rights. The Winters Doctrine, as it has come to be known, is now a fundamental principle of both federal Indian law and water law and has expanded beyond Indian reservations to include all federal reservations of land.

Ordinarily, there would not be much to say about a one hundred-year-old Supreme Court case. But while its central conclusion that a claim to water was reserved when the land was reserved for Indians represents a commitment to justice, the exact nature of that commitment-its legal basis, scope, implications for non-Indian water rights holders, the purposes for and quantities of water reserved, the geographic nexus between the land and the water reserved, and many other details of practical consequence-has been, and continues to be, litigated and negotiated. In this detailed collection of essays, lawyers, historians, and tribal leaders explore the nuances of these issues and legacies.
The Future of the Columbia River Treaty

Barbara Cosens

For 48 years, the United States and Canada have cooperatively shared the management of the Columbia River under the Columbia River Treaty (CRT). The Treaty has provided both parties with significant direct benefits from flood control and power generation and indirect benefits of economic growth in the Pacific Northwest. While not without flaws, the CRT has been hailed as “one of the most successful trans-boundary water treaties based on equitable sharing of downstream benefits”.

In 2012, it is time to think about the future of the Columbia River Treaty. Under international law, the U.S. and Canada may agree to modify or terminate the Treaty at any time. The CRT contains no automatic expiration date but either party may unilaterally terminate portions of the Treaty beginning in 2024 by providing notice by 2014. The parties and other stakeholders in the Columbia River Basin have already begun to think about what a future treaty might look like. Should the status quo continue? If not, how should it change? How could the changes be effected in law?

The discussion paper – The Future of the Columbia River Treaty – examines the degree of flexibility available under international law and the domestic laws of the United States and Canada to negotiate and implement possible future legal arrangements for the Columbia River Basin
Examples & Explanations in Administrative Law, 4th Ed.

Richard Henry Seamon

Provides students with comprehensive coverage and discussion on administrative law in the time-tested Examples and Explanations format. A favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester.
Litigators on Experts: Strategies for Managing Expert Witnesses from Retention Through Trial

Wendy Gerwick Couture

This book represents the collected wisdom of experienced litigators who provide a step-by-step guide to researching, retaining, and working with an expert witness. The book examines issues such as credibility and dependability of an expert, as well as expertise, respect within the relevant field, and appropriate degrees and certifications appropriate for an expert. The chapters cast light on pitfalls to be avoided and proactive solutions to be followed, and include an important discussion of the ethics of working with expert witnesses; the use of experts in state courts; preparing your experts for trial; problems and opportunities associated with particular substantive areas of expertise; and problems and opportunities associated with specific areas of the law.
Topics in Endangered Species

Dale Goble
Wildlife Law: Cases and Materials, Second Edition

Dale D. Goble

Animals are living entities, organized into shifting, complex ecological systems, so biology plays a critical role in their story. Moral sentiments and ethical values have expanded to attend to the plight of particular animals, to species, and to the healthy functioning of communities, so ethical concerns appear as a key issue. Topics covered include the rule of capture; wildlife and private property; liability for wildlife; state proprietary and sovereign powers; the roles of state and national governments; Indian treaty rights; international wildlife law; state game laws; federal protection for species and wildlife habitat; biodiversity; endangered species; and climate change.
Idaho Family Law Form Book, 2d Ed.

Elizabeth Brandt
Modern Statutory Interpretation: Problems, Theories, and Lawyering Strategies; Second Edition

Linda Jellum

This book is designed to teach statutory interpretation skills. It uses a combination of traditional cases along with problems to accomplish that objective. Broadly organized around the process of interpretation, it focuses first on the plain meaning of the text and then addresses the question of whether and, if so, when courts will examine sources other than the text. The book addresses the various approaches and theories to interpretation and examines how those approaches have been applied to particular interpretative problems, such as implied rights, administrative interpretations, and the interpretation of "uniform statutes."

Within each chapter, subjects are introduced with concise summaries of the core concepts. After the introduction, a well-edited case explores the uncertainties and boundaries of those core concepts. The notes and questions following each principal case are designed to help focus the students' thoughts and understanding of the case before they come to class. Finally, problems are included to ensure that the students use the statutory interpretation skills they have just learned. Each problem lends itself to at least two arguments (often more) and allows for further inquiry into the concepts in the chapter. The second edition has been revised and updated to include more problems and a few new cases. Additionally, the legislative and administrative chapters have been substantially revised.
Examples & Explanations in Administrative Law, 3d Ed.

Richard Henry Seamon

Provides students with comprehensive coverage and discussion on administrative law in the time-tested Examples and Explanations format. A favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester.
Mastering Statutory Interpretation

Linda Jellum

Chapters include : The art of statutory interpretation : sources and theories Canons based on intrinsic sources : grammar and punctuation Canons based on extrinsic sources and legislative process : enactment context Master checklist Glossary
Negligence: Idaho Cases and Materials

Dale D. Goble

Course supplement packet for class held at the University of Idaho College of Law.
The Endangered Species Act at Thirty: Vol. 2

Dale Goble

A companion volume to The Endangered Species Act at Thirty: Renewing the Conservation Promise, this book examines the key policy tools available for protecting biodiversity in the United States by revisiting some basic questions in conservation: What are we trying to protect and why? What are the limits of species-based conservation? Can we develop new conservation strategies that are more ecologically and economically viable than past approaches?
Modern Statutory Interpretation: Problems, Theories, and Lawyering Strategies

Linda Jellum

Introduction ch. 1. An overview ch. 2. An overview of legislative process ch. 3. Determining the meaning of the text: words, punctuation, and grammar ch. 4. Beyond the text: absurdity & ambiguity ch. 5. Approaches to statutory interpretation ch. 6. The role of components ch. 7. The textual canons ch. 8. Legislative history ch. 9. The impact on meaning of post-interpretation legislative silence ch. 10. Finding and using purpose ch. 11. Statutes and the common law ch. 12. Special provisions ch. 13. Conflicting statutes and similar issues ch. 14. Adopting judicial interpretations of similar statutes from other jurisdictions ch. 15. Remedies, implied causes of action, and related issues ch. 16. The impact of constitutions on interpretation ch. 17. The impact of agency interpretations Appendix A. Canons of construction Appendix B. The College Fire Prevention Act Index
Examples & Explanations in Administrative Law, 2d Ed.

Richard Henry Seamon

Provides students with comprehensive coverage and discussion on administrative law in the time-tested Examples and Explanations format. A favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester.