First Monday - January 5, 2009

In this issue:

• Professor Takes American Legal Education Methods to Jordan
• Law Students Make Strong Showing in National Moot Court
• Faculty Scholarship Reflects Broad Interests, High Productivity

Professor Takes American Legal Education Methods to Jordan

In November, clinical professor Pat Costello traveled to Amman, Jordan, as part of the American Bar Association's Rule of Law Initiative. While there he consulted with law faculty members from eight Jordanian universities including the University of Jordan and Yarmouk University.

He assisted his Jordanian colleagues in developing a course on Legal Ethics and Professionalism, taught a class on Alternative Dispute Resolution, made a presentation on the development of moot court programs, and participated in a colloquium on interactive teaching techniques and practical skills training. In an after-action report to the ABA, Professor Costello noted that Jordanian legal education may be limited by gender issues, by lack of active involvement by the legal profession, and by the fact that law is an undergraduate field of study characterized by high student-to-teacher ratios (as is true in much of the world). Nonetheless, he reported that he was very cordially received and that his Jordanian hosts were genuinely interested in advancement and innovation in legal education.

Law Students Make Strong Showing in National Moot Court

Law students comprising the University of Idaho/Cooper & Larsen National Moot Court teams received high marks in the competition's regional round at Seattle. The team of Rose Duffy, Ryan Holdaway, and Kevin Griffiths (with faculty adviser Laurie O'Neal) advanced to the quarterfinal, winning each of their oral arguments along the way. In the quarterfinal round, they argued against a team with the best brief (their own brief was judged second-best in the region) and that narrow grading difference tipped the total score in favor of the other team. Mr. Holdaway earned third-best individual oralist honors in the competition. A companion team of Matt Schlestrate, Jessica Maxwell, and Tayah Renfro (with faculty adviser Deborah McIntosh) also made a strong impression. Their brief earned a grade only 7/10ths of a point behind that of their quarterfinalist colleagues. The University of Idaho's National Moot Court teams were supported (again) in 2008 by a generous gift to the College of Law from the firm of Cooper & Larsen in Pocatello.

Faculty Scholarship Reflects Broad Interests, High Productivity

During the most recent accreditation site visit by the American Bar Association and Association of American Law Schools, the evaluators commented favorably on the level of scholarly productivity achieved by a small law faculty that also delivers a wide curriculum and provides extensive service and outreach throughout Idaho as well as the nation. The evaluators' comments are reinforced by data recently compiled for a University of Idaho program prioritization exercise. Here, in e-mail plain text format, is a list of law faculty scholarship during JUST ONE YEAR (2008) (including works completed during that year with publication forthcoming in 2009):

D. Benjamin Beard

• 10 Uniform Commercial Code Series: Uniform Electronic Transfers Act (Supplement 2008)

Elizabeth Barker Brandt

• Review of the Year in Family Law: Charts, 40 Fam. L. Q. ___ (forthcoming March 2009)
• Free Association and Surveillance, in U.S. National Security, Intelligence and Democracy: From the Church Committee to the War on Terror (Russell Miller, ed., (2008)
• Review of the Year in Family Law: Charts, 39 Fam. L. Q. 916 (2008)

Donald L. Burnett Jr.

• Giants of a Golden Age: An Appreciation of Professors Dennis Colson and Craig Lewis, 44 Idaho L. Rev. 537 (2008)
• Neither Mess nor Menace: Legal Education and the Erudite Apprentice, 18 The Professional Lawyer 2 (American Bar Association 2008)
• Much Has Changed: Diversity and Opportunity at the University of Idaho College of Law, The Advocate (Idaho State Bar, February, 2008) 

Annemarie Bridy

• Trade Secret Prices & High-Tech Devices: How Medical Device Manufacturers are Seeking to Sustain Profits by Propertizing Prices, 17 Texas Intel. Prop. L. J. ____ (2009)

Barbara Cosens

• Resolving Conflict in Non-Ideal, Complex Systems: Solutions for the Law-Science Breakdown in Environmental and Natural Resource Law, ___ Nat. Res. J. ___ (2008)
• The Legacy of Winters v. United States and the Winters Doctrine, One Hundred Year Later, ABA Section on Energy and the Environment, Annual Fall Meeting Proceedings, September 17-20, 2008

Patrick D. Costello

• Domestic Violence Trends and Topics, The Advocate (Idaho State Bar, forthcoming January 2009)(with Fred G. Zundel)

Wendy Gerwick Couture (visiting faculty in 2008)

• White Collar Crime's Gray Area: The Anomaly of Criminalizing Conduct Not Civilly Actionable, 72 Alb. L. Rev. __ (forthcoming 2009)

Angelique Townsend EagleWoman (joined University of Idaho law faculty in 2008)

• Tribal Nation Economics: Rebuilding Commercial Prosperity in Spite of U.S. Trade Restraints - Recommendations for Economic Revitalization in Indian Country, Tulsa Law Review (forthcoming spring 2009)
• Fencing Off the Eagle and the Condor, Border Politics, and Indigenous Peoples, 23 ABA Nat. Res. & Env. __ ( 2008)
• The Bureau of Indian Affairs and Reservations, in 2 Indians in Contemporary Society: Handbook of the American Indians 86 (Smithsonian Institute, 2008)
• Tribal Sovereignty and Economic Development, 2 Indians in Contemporary Society: Handbook of the American Indians 129 (Smithsonian Institute, 2008) (with Taylor Keen)
• Tribal Values of Taxation within the Tribalist Economic Theory, 6 Univ. of Kansas Indigenous Nations J. __(2008)

Dale D. Goble

• Wildlife Law: A Primer (Island Press 2009)(with Eric T. Freyfogle)
• Wildlife Law: Cases and Materials (2d ed. Foundation Press 2009) (with Eric T. Freyfogle)
• Recovery, in Endangered Species Act: Law, Policy, and Perspectives (2d. ed. Donald C. Baur & Wm. Robert Irvin eds., American Bar Association Publishing 2009)
• The Endangered Species Act: What We Talk about When We Talk about Recovery, Natural Resources Journal (Spring 2009)
• The Endangered Species Act, in Encyclopedia of Environmental Ethics and Philosophy (Macmillan Reference 2008)

Michael J. Greenlee

• National Security Letters and Intelligence Oversight, in U.S. National Security, Intelligence and Democracy: From the Church Committee to the War on Terror (Russell Miller, ed., 2009)

John J. Hasko

• GPO Access-Expanding Electronic Legal Research, 51 The Advocate 50 (Idaho State Bar, Sept. 2008)

Maureen E. Laflin

• The Mediator as Fugu Chef: Preserving Protections without Poisoning the Process, 49 South Tex. L. Rev. 943 (2008)

Monique C. Lillard

• The Standard of Care for Health Providers in Idaho, 44 Idaho L.
• Rev. 295-359 (2008)
• The Standard of Care for Medical Malpractice Claims in Idaho: Time for Reassessment, The Advocate (Idaho State Bar, May 2008)

Jerrold A. Long

• New West or Same West? Evolving Land-Use Institutions in the Rural American West, Ph.D. dissertation, University of Wisconsin-Madison (2008)

Jean Mattimoe

• Idaho State Practice Materials: A Selective Annotated Bibliography, in Frank G. Houdek, ed., State Practice Materials: Annotated Bibliographies (Buffalo, N. Y.: William S. Hein & Co., 2003).
• (AALL Publication Series no. 63) (forthcoming 2009) 

John A. Miller

• Fundamentals of Federal Taxation (2d ed. forthcoming 2009)[with Jeffrey Maine] (in progress)
• Teacher's Manual for Fundamentals of Federal Taxation (2d ed.
• forthcoming 2009)[with Jeffrey Maine] (in progress)
• 2008 Supplement to Fundamentals of Federal Taxation (1st ed.) (with Jeffrey Maine)

Russell Miller (on leave in 2008, joined Washington & Lee faculty in fall)

• U.S. National Security, Intelligence and Democracy: From the Church Committee to the War on Terror (ed., 2008)
• Questions & Answers -- Public International Law (2008)
• Militant Democracy and the War on Terror, in U.S. National Security, Intelligence and Democracy: From the Church Committee to the War on Terror (2008)
• The Trail Smelter Arbitration, in Max Planck Institute Encyclopedia of Public International Law (Rudiger Wolfrum ed., 2008)
• Hamdan v. Rumsfeld, in Max Planck Institute Encyclopedia of Public International Law (Rudiger Wolfrum, ed., 2008)
• The Karlsruhe Republic - The German Federal Constitutional Court in the 21st Century, 3 J. of Comp. L. ___ (2008)
• Testing the Cosmopolitan Condition - A Response to Frank Garcia and Jurgen Habermas, 46 Alberta L. Rev. ___ (2008)

Michael A. Satz

• Situational Prototyping, ___Int. J. of Knowledge, Culture & Change Management ___(2008) (with Roman Montoto)
• Richard Seamon -- Administrative Law: Examples and Explanations (2d ed. 2006; 3rd ed. forthcoming 2009) (with William F. Funk)
• Domestic Surveillance for International Terrorists: Presidential Power and Fourth Amendment Limits, in U.S. National Security, Intelligence and Democracy: From the Church Committee to the War on Terror (Russell Miller, ed., 2008)
• Domestic Surveillance for International Terrorists: Presidential Power and Fourth Amendment Limits, 35 Hastings Int'l Const'l L. Q. 449 (2008)

Monica Schurtman

• Evaluating the Success of NGOs in International Rights Initiative: Private Actor Participation in the International Campaign to Ban Landmines and the North American Accord on Labor Cooperation, in Progress in International Organization (Russell Miller and Rebecca Bratspies eds., 2008)

Alan Fitzgerald Williams

• "Material Support" Prosecutions for Website Activities, in U.S. National Security, Intelligence and Democracy: From the Church Committee to the War on Terror (Russell Miller, ed., 2008)
• Prosecuting Website Development Under the Material Support Statutes: Time to Fix What's Broken, 11 N.Y.U. J. Legis. & Pub. Pol'y 2 (2008)