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LAW (843 journals)                  1 2 3 4 5 | Last

Showing 1 - 200 of 354 Journals sorted alphabetically
ABA Journal Magazine     Full-text available via subscription   (Followers: 16)
Acta Judicial     Open Access   (Followers: 2)
Acta Juridica     Full-text available via subscription   (Followers: 5)
Acta Politica     Hybrid Journal   (Followers: 19)
Acta Universitatis Danubius. Juridica     Open Access  
Acta Universitatis Lodziensis : Folia Iuridica     Open Access  
Actualidad Jurídica Ambiental     Open Access  
Adelaide Law Review     Full-text available via subscription   (Followers: 19)
Administrative Law Review     Open Access   (Followers: 37)
Aegean Review of the Law of the Sea and Maritime Law     Hybrid Journal   (Followers: 7)
African Journal of Legal Studies     Hybrid Journal   (Followers: 9)
African Journal on Conflict Resolution     Open Access   (Followers: 28)
Ahkam : Jurnal Hukum Islam     Open Access  
Ahkam : Jurnal Ilmu Syariah     Open Access   (Followers: 1)
Air and Space Law     Full-text available via subscription   (Followers: 19)
Akron Law Review     Open Access   (Followers: 4)
Al 'Adalah : Jurnal Hukum Islam     Open Access  
AL Rafidain law journal     Open Access  
Al-Ahkam     Open Access  
Al-Istinbath : Jurnal Hukum Islam     Open Access  
Alaska Law Review     Open Access   (Followers: 9)
Alberta Law Review     Open Access   (Followers: 13)
Alternative Law Journal     Hybrid Journal   (Followers: 8)
Alternatives : Global, Local, Political     Hybrid Journal   (Followers: 10)
Amazon's Research and Environmental Law     Open Access   (Followers: 2)
American Journal of Comparative Law     Full-text available via subscription   (Followers: 60)
American Journal of Jurisprudence     Hybrid Journal   (Followers: 19)
American Journal of Law & Medicine     Full-text available via subscription   (Followers: 10)
American Journal of Legal History     Full-text available via subscription   (Followers: 10)
American Journal of Trial Advocacy     Full-text available via subscription   (Followers: 6)
American University Law Review     Open Access   (Followers: 13)
American University National Security Law Brief     Open Access   (Followers: 6)
Amicus Curiae     Open Access   (Followers: 5)
Anales : Facultad de Ciencias Jurídicas y Sociales de la Universidad Nacional de La Plata     Open Access  
Anales de la Cátedra Francisco Suárez     Open Access  
Annales Canonici     Open Access  
Annales de droit     Open Access  
Annales de la Faculté de Droit d’Istanbul     Open Access  
Annales Universitatis Mariae Curie-Skłodowska, sectio G (Ius)     Open Access  
Annals of the Faculty of Law in Belgrade - Belgrade Law Review     Open Access  
Anuario da Facultade de Dereito da Universidade da Coruña     Open Access  
Anuario de la Facultad de Derecho : Universidad de Extremadura (AFDUE)     Open Access  
Anuario de Psicología Jurídica     Open Access   (Followers: 1)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 3)
Appeal : Review of Current Law and Law Reform     Open Access   (Followers: 1)
Arbeidsrett     Full-text available via subscription  
Arbitration Law Monthly     Full-text available via subscription   (Followers: 4)
Arbitration Law Reports and Review     Hybrid Journal   (Followers: 12)
Arctic Review on Law and Politics     Open Access   (Followers: 1)
Argumenta Journal Law     Open Access  
Arizona Law Review     Open Access   (Followers: 5)
Arizona State Law Journal     Free   (Followers: 2)
Arkansas Law Review     Free   (Followers: 4)
Ars Aequi Maandblad     Full-text available via subscription   (Followers: 4)
Art + Law     Full-text available via subscription   (Followers: 11)
Artificial Intelligence and Law     Hybrid Journal   (Followers: 14)
ASAS : Jurnal Hukum dan Ekonomi Islam     Open Access   (Followers: 1)
Asia Pacific Law Review     Open Access   (Followers: 1)
Asia-Pacific Journal of Ocean Law and Policy     Hybrid Journal   (Followers: 2)
Asian American Law Journal     Open Access   (Followers: 2)
Asian Journal of Law and Society     Hybrid Journal   (Followers: 9)
Asian Journal of Legal Education     Full-text available via subscription   (Followers: 3)
Asian Pacific American Law Journal     Open Access   (Followers: 3)
AStA Wirtschafts- und Sozialstatistisches Archiv     Hybrid Journal   (Followers: 3)
Asy-Syir'ah : Jurnal Ilmu Syari'ah dan Hukum     Open Access  
Australasian Law Management Journal     Full-text available via subscription   (Followers: 3)
Australian and New Zealand Sports Law Journal     Full-text available via subscription   (Followers: 7)
Australian Feminist Law Journal     Hybrid Journal   (Followers: 10)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 20)
Australian Journal of Legal History     Full-text available via subscription   (Followers: 16)
Australian Year Book of International Law Online     Hybrid Journal  
Ballot     Open Access  
Baltic Journal of Law & Politics     Open Access   (Followers: 5)
Bar News: The Journal of the NSW Bar Association     Full-text available via subscription   (Followers: 7)
Behavioral Sciences & the Law     Hybrid Journal   (Followers: 29)
Beijing Law Review     Open Access   (Followers: 4)
Berkeley Journal of Entertainment and Sports Law     Open Access   (Followers: 5)
Berkeley Technology Law Journal     Free   (Followers: 15)
BestuuR     Open Access  
Bioderecho.es     Open Access  
Bioethics Research Notes     Full-text available via subscription   (Followers: 15)
Boletín de la Asociación Internacional de Derecho Cooperativo     Open Access  
Bond Law Review     Open Access   (Followers: 17)
Boston College Journal of Law & Social Justice     Open Access   (Followers: 11)
Boston College Law Review     Open Access   (Followers: 15)
Boston University Law Review     Free   (Followers: 11)
Bratislava Law Review     Open Access  
BRICS Law Journal     Open Access   (Followers: 1)
Brigham Young University Journal of Public Law     Open Access   (Followers: 6)
Brill Research Perspectives in Comparative Discrimination Law     Full-text available via subscription  
Brill Research Perspectives in International Investment Law and Arbitration     Full-text available via subscription   (Followers: 3)
British Journal of American Legal Studies     Open Access   (Followers: 1)
Brooklyn Law Review     Open Access   (Followers: 4)
Bulletin of Medieval Canon Law     Full-text available via subscription   (Followers: 3)
Bulletin of Yaroslav Mudryi NLU : Series : Philosophy, philosophy of law, political science, sociology     Open Access  
Business and Human Rights Journal     Full-text available via subscription   (Followers: 5)
C@hiers du CRHIDI     Open Access  
Cadernos de Dereito Actual     Open Access  
Cahiers de la Recherche sur les Droits Fondamentaux     Open Access  
Cahiers Droit, Sciences & Technologies     Open Access   (Followers: 1)
California Law Review     Open Access   (Followers: 22)
California Western Law Review     Open Access   (Followers: 3)
Cambridge Law Journal     Hybrid Journal   (Followers: 124)
Cambridge Yearbook of European Legal Studies     Hybrid Journal   (Followers: 4)
Campus Legal Advisor     Hybrid Journal   (Followers: 2)
Canadian Journal of Law & Jurisprudence     Full-text available via subscription   (Followers: 10)
Canadian Journal of Law and Society     Hybrid Journal   (Followers: 23)
Canadian Journal of Law and Technology     Open Access   (Followers: 1)
Case Western Reserve Law Review     Open Access   (Followers: 2)
Časopis pro právní vědu a praxi     Open Access  
Catalyst : A Social Justice Forum     Open Access   (Followers: 10)
Católica Law Review     Open Access  
Chicana/o-Latina/o Law Review     Open Access   (Followers: 2)
China : An International Journal     Full-text available via subscription   (Followers: 20)
China Law and Society Review     Full-text available via subscription  
China-EU Law Journal     Hybrid Journal   (Followers: 5)
Chinese Journal of Comparative Law     Hybrid Journal   (Followers: 7)
Chinese Journal of Environmental Law     Hybrid Journal  
Chinese Law & Government     Full-text available via subscription   (Followers: 8)
Chulalongkorn Law Journal     Open Access  
Cleveland State Law Review     Free   (Followers: 2)
Clínica Jurídica per la Justícia Social : Informes     Open Access  
College Athletics and The Law     Hybrid Journal   (Followers: 1)
Colombia Forense     Open Access  
Columbia Journal of Environmental Law     Open Access   (Followers: 12)
Columbia Journal of Gender and Law     Open Access   (Followers: 1)
Columbia Journal of Law & the Arts     Open Access   (Followers: 2)
Columbia Journal of Law and Social Problems     Full-text available via subscription   (Followers: 15)
Columbia Journal of Race and Law     Open Access  
Columbia Journal of Tax Law     Open Access  
Columbia Law Review (Sidebar)     Open Access   (Followers: 21)
Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 4)
Comparative Law Review     Open Access   (Followers: 45)
Comparative Legal History     Hybrid Journal   (Followers: 8)
Comparative Legilinguistics     Open Access   (Followers: 1)
Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 42)
Cornell Law Review     Open Access   (Followers: 14)
Corporate Law & Governance Review     Hybrid Journal  
Critical Analysis of Law : An International & Interdisciplinary Law Review     Open Access   (Followers: 6)
Cuadernos de Historia del Derecho     Open Access   (Followers: 6)
Cuestiones Juridicas     Open Access   (Followers: 2)
Current Legal Problems     Hybrid Journal   (Followers: 25)
Danube     Open Access   (Followers: 3)
De Europa     Open Access  
De Jure     Open Access   (Followers: 1)
Deakin Law Review     Full-text available via subscription   (Followers: 14)
Debater a Europa     Open Access  
Democrazia e diritto     Full-text available via subscription   (Followers: 2)
Denning Law Journal     Open Access   (Followers: 5)
DePaul Journal of Women, Gender and the Law     Open Access   (Followers: 3)
DePaul Law Review     Open Access   (Followers: 2)
Derecho Animal. Forum of Animal Law Studies     Open Access   (Followers: 1)
Derecho PUCP     Open Access   (Followers: 1)
Derecho y Ciencias Sociales     Open Access   (Followers: 1)
Derechos en Acción     Open Access  
Dereito : Revista Xurídica da Universidade de Santiago de Compostela     Full-text available via subscription  
Deusto Journal of Human Rights     Open Access   (Followers: 2)
DiH : Jurnal Ilmu Hukum     Open Access  
Dikaion     Open Access   (Followers: 1)
Dike     Open Access  
Dikê : Revista de Investigación en Derecho, Criminología y Consultoría Jurídica     Open Access  
Diké : Revista Jurídica     Open Access  
Direito e Desenvolvimento     Open Access   (Followers: 1)
Direito.UnB : Revista de Direito da Universidade de Brasília     Open Access  
Dixi     Open Access  
DLR Online     Open Access   (Followers: 1)
Doxa : Cuadernos de Filosofía del Derecho     Open Access  
Droit et Cultures     Open Access   (Followers: 7)
Droit, Déontologie & Soin     Full-text available via subscription   (Followers: 1)
Drug Science, Policy and Law     Full-text available via subscription   (Followers: 4)
Duke Environmental Law & Policy Forum     Open Access   (Followers: 7)
Duke Journal of Gender Law & Policy     Open Access   (Followers: 19)
Duke Law & Technology Review     Open Access   (Followers: 11)
Duke Law Journal     Open Access   (Followers: 29)
e-Pública : Revista Eletrónica de Direito Público     Open Access  
Economics and Law     Open Access   (Followers: 3)
Edinburgh Law Review     Hybrid Journal   (Followers: 20)
Education and the Law     Hybrid Journal   (Followers: 16)
Election Law Journal     Hybrid Journal   (Followers: 18)
Environmental Justice     Hybrid Journal   (Followers: 12)
Environmental Law Review     Full-text available via subscription   (Followers: 23)
Environmental Policy and Law     Hybrid Journal   (Followers: 16)
ERA-Forum     Hybrid Journal   (Followers: 5)
Erasmus Law Review     Open Access  
Erdélyi Jogélet     Open Access   (Followers: 4)
Espaço Jurídico : Journal of Law     Open Access   (Followers: 1)
Estudios de Derecho     Open Access  
Ethnopolitics     Hybrid Journal   (Followers: 3)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 5)
EU Agrarian Law     Open Access   (Followers: 4)
European Convention on Human Rights Law Review     Hybrid Journal   (Followers: 5)
European Energy and Environmental Law Review     Full-text available via subscription   (Followers: 14)
European Investment Law and Arbitration Review Online     Full-text available via subscription   (Followers: 1)
European Journal of Comparative Law and Governance     Hybrid Journal   (Followers: 11)
European Journal of Law and Technology     Open Access   (Followers: 18)
European Law Journal     Hybrid Journal   (Followers: 133)
European Public Law     Full-text available via subscription   (Followers: 44)
European Review of Private Law     Full-text available via subscription   (Followers: 37)
European Yearbook of Minority Issues Online     Hybrid Journal   (Followers: 5)

        1 2 3 4 5 | Last

Similar Journals
Journal Cover
Alaska Law Review
Number of Followers: 9  

  This is an Open Access Journal Open Access journal
ISSN (Print) 0883-0568 - ISSN (Online) 1930-6598
Published by Duke University Press Homepage  [20 journals]
  • Renewed Debate over Alaska's Establishment Clause: Hunt v. Kenai
           Peninsula Borough and the Church of the Flying Spaghetti Monster

    • Authors: Mary Beth Barksdale
      Abstract: In 2019, a pastor of the Church of the Flying Spaghetti Monster, a "Pastafarian," raised concerns about the entanglement of Alaskan local government and religion. His commentary highlighted the need to take a fresh look at Alaska's establishment clause jurisprudence. While Hunt v. Kenai Peninsula Borough addressed legislative prayer, further questions remain open about the limits of public spending on religious institutions, the need to honor Alaska’s religious diversity, and the role of religion in everyday Alaskan government. While the Alaska jurisprudence has not changed much since the 1980s, the Pastafarians have demonstrated that establishment clause debates are alive and well. Therefore, Alaska may look to early constitutional debates in other states, like Massachusetts and Virginia, to evaluate its policy choices, balancing the esteemed place of religion in Alaskan society and the deep-seated belief in separation of church and state.
      PubDate: Fri, 06 May 2022 09:39:29 PDT
       
  • Journal Staff

    • PubDate: Fri, 06 May 2022 09:39:29 PDT
       
  • It Takes a Village: Repurposing Takings Doctrine to Address Melting
           Permafrost in Alaska Native Towns

    • Authors: Sasha Kahn
      Abstract: Dozens of Alaska Native villages face an existential crisis as Alaska's permafrost melts, causing soil erosion and instability. Adapting to these rapidly changing conditions is unworkable, so most villages will have to physically move to locations atop bedrock. The estimated costs for these moves are enormous, and not even the combination of available federal and state administrative resources can adequately cover them. One possible avenue for funding is a state inverse condemnation regulatory takings claim, which posits that state action has caused the property destruction in the villages. Alaska has a unique relationship to its oil extraction industry, which has demonstrably contributed to global climate change, the main cause of the permafrost melt. To facilitate a potential takings claim, this Note presents two possible avenues for argument: a "direct approach" that focuses only on state oil leases as government action and a "hybrid approach" that instead considers the leases as part of a more holistic investment by the state in its oil. This Note also considers the shortcomings of the overall takings strategy, along with the potential for its use in response to other cases of environmentally related property destruction.
      PubDate: Fri, 06 May 2022 09:39:28 PDT
       
  • The Plaintiff's Plight: Altering Alaska's Rule 82 to Better
           Compensate Plaintiffs

    • Authors: Matthew Naiman
      Abstract: Alaska is unique among the fifty states in its use of a version of the English rule of attorneys' fees in civil cases. Alaska Rule of Civil Procedure 82, in combination with several other rules, effectuates a fee shift such that the losing party pays a portion of the winning party's attorneys' fees. Rule 82 has two fee schedules: one for monetary judgments and one for non-monetary judgments. The monetary judgment fee awards are based in part on the amount of the judgment, while the non-monetary judgment fee awards are based on the victorious party's actual, reasonable attorneys' fees. This difference in the way fee awards are calculated creates a disparity between plaintiffs, who seek damages, and defendants, who seek dismissal. While previous scholarship has noted this disparity, no commentator has proposed and defended a solution. This Note examines the English and American Rules historically and through a law and economics framework. It then analyzes Rule 82 and its companion rules. Ultimately, this Note concludes that the Alaska Supreme Court or the Alaska State Legislature should alter Rule 82 to create better parity between plaintiffs and defendants and cap the amount of fees that can be exacted from a defeated party.
      PubDate: Fri, 06 May 2022 09:39:28 PDT
       
  • Alaska's Lengthy Sentences Are Not the Answer to Sex Offenses

    • Authors: Margot Graham
      Abstract: Individuals convicted of sex offenses in Alaska are serving extremely long sentences in prison. The Alaska legislature made it impossible for those convicted of sex offenses to have their cases referred to three-judge panels for sentencing outside the presumptive sentencing range set by the legislature. The Alaska Supreme Court then held that different forms of sexual penetration are distinct and separate offenses, meaning that the associated charges cannot be merged and the sentences must run consecutively. Thus, Alaska has embraced lengthy sentences for sex offenses. Unfortunately, this punitive practice is doing little to protect Alaskan communities or rehabilitate the people who commit sex offenses. In fact, the Alaska legislature's decision to limit judicial discretion and, in turn, harshen sentences is rooted in unfounded and inaccurate assumptions about those who commit sex offenses. This Note proposes that Alaska's courts should be able to refer sex offense cases to three-judge panels for sentencing outside of Alaska's presumptive sentence ranges, that rehabilitation should replace over-punishment, and that prosecutors should not be able to stack offenses where redundant. Through these solutions, Alaska can protect its communities, help better rehabilitate those who commit sex offenses, and save taxpayer dollars through a more efficient and just criminal justice system.
      PubDate: Fri, 06 May 2022 09:39:27 PDT
       
  • Strangers in Their Own Land: A Survey of the Status of the Alaska Native
           People from the Russian Occupation Through the Turn of the Twentieth
           Century

    • Authors: Jon W. Katchen et al.
      Abstract: The federal government's scattershot treatment of Alaska Natives has long created confusion over the legal status and rights of Alaska Natives and Alaska Native entities. This confusion was center stage in the recent Supreme Court case, Yellen v. Confederated Tribes of the Chehalis Reservation, involving "Indian Tribe" entitlement to CARES Act relief funds. To better understand the reason uncertainty remains after more than 150 years since the purchase of Alaska from Russia, and more than sixty years after Alaska's statehood, we must look to the unique history of Alaska Natives. Starting in the mid-1700s, this Article surveys the laws relating to the Native people of Alaska through the Russian colonial rule, the Alaska purchase, and the early territorial government, culminating with the jurisprudence of the late 19th century. This Article explains how Russian laws contributed to the framework for the unique development of Indian Law in Alaska.
      PubDate: Fri, 06 May 2022 09:39:26 PDT
       
  • ANCSA Corporation Proxy Wars

    • Authors: Aaron M. Schutt
      Abstract: When Congress passed the Alaska Native Claims Settlement Act in 1971 (ANCSA), it directed the creation of twelve regional and over two hundred village corporations chartered under Alaska state law. The Act made governance of those corporations largely subject to Alaska state law, including the laws and regulations applicable to corporate elections. This Article reviews the legal history of the corporate proxy wars and related election issues that the ANCSA corporations and candidates for their boards of directors have waged over the past nearly fifty years in proxy complaints filed with the Alaska Division of Securities, and in state and federal courts. These cases have had important implications for ANCSA corporations, including enormous financial burdens associated with the litigation and impacting who has led ANCSA corporations.
      PubDate: Fri, 06 May 2022 09:39:26 PDT
       
  • Note From the Editor

    • PubDate: Fri, 06 May 2022 09:39:25 PDT
       
  • Journal Staff

    • PubDate: Thu, 30 Dec 2021 14:13:39 PST
       
  • Ware v. Ware and the Presumption of Undue Influence in Confidential
           Relationships

    • Authors: Ian W. Fraser
      Abstract: Alaska law has long recognized that a presumption of undue influence arises as a matter of law when a will’s primary beneficiary participates in its drafting and has a fiduciary or confidential relationship with the testator. In its 2007 decision Ware v. Ware, the Alaska Supreme Court extended this principle beyond testamentary scenarios to any situation in which the principal in a confidential relationship benefits from the relationship. But the decision stated the law incorrectly. The court’s analysis, cited precedents, and common sense all demonstrate that the court meant to say that the presumption of undue influence arises when a fiduciary in a confidential relationship benefits from the relationship, not when a principal benefits.
      PubDate: Thu, 30 Dec 2021 14:13:38 PST
       
  • Real Property, Real Problems: Expanding Alaska's Unfair Trade
           Practices and Consumer Protection Act

    • Authors: Michael E. Keramidas
      Abstract: Alaska’s Unfair and Deceptive Acts and Practices (UDAP) statute was designed to provide broad, robust protections for everyday Alaskan consumers. Astonishingly, Alaska is one of only three states that does not protect Alaskans under its UDAP statute when they fall victim to fraudulent schemes involving real property. The Alaska Supreme Court has consistently upheld this interpretation of the UDAP statute by relying on precedent from over thirty years ago. At the same time, due to the COVID-19 pandemic, everyday Alaskans are more economically vulnerable than ever before, with the atmosphere being ripe for proliferation of fraudulent real property schemes. This Note argues that the court has misapplied precedent and must therefore reevaluate the statute’s application to real property transactions, especially because the statute has been amended and strengthened since the court’s original rulings. If it does not, because of the sheer importance of housing in everyday life, a significant portion of the population could face devastating consequences not only to their economic wellbeing but also to their safety, security, and livelihood.
      PubDate: Thu, 30 Dec 2021 14:13:37 PST
       
  • Legalizing Local: Alaska's Unique Opportunity to Create an Equitable
           and Sustainable Seaweed Farming Industry

    • Authors: Logan Miller
      Abstract: The seaweed farming industry in Alaska is in its nascent stages. There is tremendous potential for growth, but also risk of exploitation and inequitable outcomes. Alaskans have a unique and urgent opportunity to enact policies that can ensure and promote equitable, sustainable development that centers the voices and interests of marginalized groups—including Indigenous and rural populations—and provides benefits to local economies. This Note seeks to contribute to the creation of a sound policy framework for the responsible development of Alaska’s seaweed farming industry by advancing both a theoretical framework and specific policy recommendations. Drawing from the experiences of other jurisdictions and Alaska’s fishing industry, this Note suggests various policies that could be used to promote the development of the seaweed industry in ways that benefit local, rural, and Alaska Native populations. It then discusses potential legal barriers to the implementation of those policies and proposes strategies for navigating those barriers. This analysis involves state and federal law and could be applied to other jurisdictions seeking to promote equitable, sustainable local development. Finally, this Note advances several specific recommendations intended to help Alaskans realize an equitable, sustainable seaweed farming industry. These include: creating restrictions on seaweed farm leases, implementing policies that promote local participation and ownership, and promoting the development of cooperative businesses.
      PubDate: Thu, 30 Dec 2021 14:13:37 PST
       
  • State Revenue Dedicated for Special Purposes: A Proposed Constitutional
           Amendment

    • Authors: Mark Andrews
      Abstract: The Alaska State budget has decreased in recent years, and because of the lower price of oil, it is not expected to recover in the near term. This smaller budgetary pie may intensify the impulse to protect the funding of individual projects. However, the Alaska Constitution forbids the dedication of taxes for specific purposes. This Essay proposes a state constitutional amendment that would allow such dedications, subject to limits designed to avoid potential problems. The Essay describes the effect the proposal would have had on past decisions of the Alaska Supreme Court and compares the dedication of tax revenue to the “New Property” identified by Charles Reich.
      PubDate: Thu, 30 Dec 2021 14:13:36 PST
       
  • Do You Know It When You See It' Using Alaska's Child Pornography
           Statute as a Nationwide Model for Proscribing Morphed Images

    • Authors: Daisy Gray
      Abstract: In 1982, the United States Supreme Court addressed the tension between free speech and protecting children by holding child pornography outside the scope of First Amendment protections. Critical to the Court’s decision was the fact that child sexual abuse is necessary to produce child pornography. But what if technological advancement removed child abuse from the equation' The recent phenomena of virtual child pornography and morphed images involve the digital alteration of adult pornography to create the appearance of child pornography. The Alaska legislature amended its child pornography statute in response to these developments, proscribing the possession of morphed images. While the federal government has attempted to regulate this digitally altered child pornography, the majority of states aside from Alaska remain silent on the issue. This Note explores the relationship between free speech jurisprudence and the harm that morphed images pose to children, arguing that Alaska’s child pornography statute is a promising model for other states to address the threat that digital child pornography poses. However, this Note concludes that pornographic material must be intrinsically related to child abuse to justify its prohibition. Accordingly, this Note argues that while a state statutory ban on materials that rely exclusively on digital doctoring is likely unconstitutional, the Alaska statute prohibiting pornographic images that involve the digital editing of an identifiable child’s face onto an adult’s body is constitutional. Other states should thus follow Alaska’s example and enact a statutory ban on morphed images to ensure efforts to protect children keep pace with technological advancement.
      PubDate: Thu, 30 Dec 2021 14:13:36 PST
       
  • Note From the Editor

    • PubDate: Thu, 30 Dec 2021 14:13:35 PST
       
  • The Ballot is Stronger than the Bullet: Alaska's Superior Strict
           Scrutiny Approach to Ballot Access Laws

    • Authors: Ben Sheppard et al.
      Abstract: Restrictive ballot access laws are the most burdensome requirement for third-party candidates. Such laws implicate First Amendment freedoms to associate both publicly and privately with like-minded individuals in order to advance political causes. Alaskan courts review state ballot access laws under the demanding standard of strict scrutiny. This standard was adopted through the efforts of Joe Vogler and his Alaskan Independence Party. The authors contend that such a standard has fostered Alaska’s unique openness toward third-party candidacies. Nonetheless, the Supreme Court of the United States does not utilize this same strict scrutiny review, instead using the Anderson-Burdick test, which balances the interests of the state in election maintenance with the burden on First Amendment rights. The authors argue that Alaska’s strict scrutiny approach is superior to the Supreme Court’s Anderson-Burdick balancing test because it creates a predictable test and protects First Amendment associational freedoms.
      PubDate: Thu, 30 Dec 2021 14:13:35 PST
       
  • Journal Staff

    • PubDate: Wed, 19 May 2021 08:38:24 PDT
       
  • The Air We All Breathe: Internet Bans in Probation Conditions—
           Dalton v. State

    • Authors: Kristen M. Renberg et al.
      Abstract: In today’s world, the Internet is synonymous with opportunity. Recently, the Supreme Court has even recognized a First Amendment right to access the Internet. However, it is still common practice to assign the special conditions of Internet bans or restrictions for individuals on parole or supervised release. Courts have split on how to strike a balance between the goal of deterrence and protection of an individual’s rights. The Court of Appeals of Alaska weighed into this ongoing debate in Dalton v. State, by holding that a restriction requiring prior approval from a parole officer before any and all Internet use was unconstitutionally broad. This decision marked a departure from precedent, and a general recognition that the Internet has become an indispensable part of living in, and importantly, successfully reentering society today.
      PubDate: Wed, 19 May 2021 08:38:23 PDT
       
  • Meaningless or Mandatory': Automatic Probation's Revival and the
           Rule of Lenity's Fall in Chinuhuk v. State

    • Authors: Kate Goldberg et al.
      Abstract: Alaska’s common-law probation system requires that the period of supervision imposed is accompanied by a suspended term of imprisonment. Violation of probation conditions may trigger this suspended term, sending the probationer to prison. Should the probationer complete the entire suspended sentence, he or she is then usually eligible for discharge from probation. In Chinuhuk v. State, the Alaska Supreme Court held that the state legislature had abrogated this traditional scheme with respect to felony sex offenders, replacing it with one that allowed probation to continue although the offenders had completed their suspended terms of imprisonment. This Comment argues that in so doing, the court closed its eyes to any ambiguity in the operative statute, bypassing the rule of lenity’s lessons and enforcing a more punitive result than the legislature may have intended to create.
      PubDate: Wed, 19 May 2021 08:38:22 PDT
       
  • Putting the Last Frontier to Work: In Defense of Alaska Hire

    • Authors: Brendan McGuire
      Abstract: Since statehood, Alaska has had one of the worst unemployment rates in the nation. The state has long combated its joblessness epidemic with a suite of laws known as Alaska Hire, which imposes a resident hiring preference on public works projects in the state. This popular law has been in place in one form or another since the state’s first legislature passed an early version in 1960. Alaska Hire’s story changed when former Attorney General Kevin Clarkson wrote a memo to Governor Mike Dunleavy arguing that the law is unconstitutional under the federal Privileges and Immunities Clause and the Alaska Equal Protection Clause, and that the statute should no longer be enforced. This Note provides a counterpoint to Attorney General Clarkson’s memo by showing that Alaska Hire is legal under both the federal and state constitutions. The Note contends that Alaska’s unique circumstances coupled with the legal improvements the current version of Alaska Hire has made in light of its predecessors’ defects cut against Attorney General Clarkson’s arguments. With the future of Alaska Hire in question, this Note hopes to provide a starting point for any future legal defenses of this eminently important law.
      PubDate: Wed, 19 May 2021 08:38:21 PDT
       
 
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