Archive for November 2012

Interpreting the Court: Judicial Activism v. Restraint

Hastings Law News: February 26, 2001 Author: Art Macomber, 1L, Hastings College of the Law A central theme of law school is the evaluation of court judgments.  Teaching students the difference between broad and narrow readings of cases sets lifelong templates for professional judgment. What is legal interpretation?  What is judicial activism or restraint?  Judges…

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Federalism: Guardian of Individual Liberty

Submission to the Hastings Law News Author: Art Macomber October 27, 2001 Title: Federalism: Guardian of Individual Liberty Federalism is not merely a separation of powers doctrine dividing the federal government’s three branches.  It is not simply a tug-of-war for political power between federal and state governments. Finally, it is not an outmoded approach to…

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Mrs. Palsgraf Meets Winnie the Pooh

Hastings Law News: February 26, 2001 March 2001 Title: Mrs. Palsgraf Meets Winnie-the-Pooh by Art Macomber As law journal articles go, this is only erudite or earth-shaking if you are a law student.  Law students study appellate case law by a long-vaunted but much criticized Socratic method.  Frequently, we end up pondering the same question as…

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How HOAs Can Control Where Convicted Sex Offenders Live Within Its Boundaries

NOTE: The Idaho law in this article was current as of the date of its publication in 2012. Synopsis: This article discusses whether and how Idaho private homeowners associations can create restrictions on the residential locations of convicted sex offenders. Background: “Sex offenders are a serious threat in this Nation.”[1] “When convicted sex offenders reenter society,…

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Tenant Occupation in HOAs: War . . .  or Peace by Other Means?

NOTE: The Idaho law in this article was current as of the date of its publication in 2010 Synopsis Idaho law allows for implementation of owner-occupancy ratios in condominium developments as a reasonable restriction on alienation of possession to real property. With proper planning, boards of directors or developers may implement such restrictions to uphold…

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From The Panhandle Into The Adjudication Fire

NOTE: The Idaho law in this article was current as of the date of its publication in 2007. Synopsis This article will provide a comparison of the North Idaho Adjudication (NIA) with the Snake River Basin Adjudication (SRBA), an overview of the adjudication process, and potential NIA issues. Introduction In 2006, the Idaho State Legislature…

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Waste Not, Want Not: Throwing The Baby Out?

NOTE: The Idaho law in this article was current as of the date of its publication in 2011, and may not be current. Synopsis: This short note will discuss the question of whether an existing water right may be fractionalized and partially assigned to a third-party to provide more than one beneficial use from the…

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Ad Valorem Taxation of Conservation Easements

NOTE: The Idaho law in this article was current as of the date of its publication in 2007. Synopsis Idaho Code section 55-2109 mandates ad valorem county taxation on conservation easements gifted or sold to charitable organizations.  This article discusses the legality of that statute, which appears to abridge Idaho’s Constitution on uniform taxation and…

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