Author: caustin

Limits on Discretionary Authority by Stephen Adams & Christopher Pooser

In a recent oral argument before the Idaho Supreme Court, the first question asked was, “Tell me about the discretion available to the magistrate.” This question guided the entire oral argument from that point forward, even though the primary issue…

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Reaching the Universal Through the Individual: An Interview with Anthony Doerr About Advocacy and Storytelling by Sarah Tompkins

Mr. Doerr backpacking in the Tetons. Photo provided by Publicist, Kate Lloyd, on behalf of Mr. Doerr. Preface Let me start by acknowledging that there may be a significant chunk of you who look at an interview about “storytelling” and…

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Incoming President’s Message by Mary V. York

The Critical Role of Civics Education and the Opportunity for Idaho Attorneys to Lead As I step into the role of President of the Idaho State Bar, I am continually impressed and humbled by the dedication and excellence of our…

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Idaho Supreme Court Memorial Service – 3/12

The Idaho Supreme Court will hold its annual Memorial Service at 10 a.m. Wednesday, March 12, 2025, in the Supreme Court courtroom. The Memorial Service honors judges and members of the Idaho State Bar who passed away during the previous…

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The Idaho State Bar 100th Anniversary: The Early Days by Hon. Michael J. Oths

The Idaho State Bar is celebrating its 100th anniversary in 2025. This article recounts the development of the Bar through the end of the 1930s and is drawn from minutes and transcripts of the annual meetings. It is also part…

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The “Bad Spaniels” Case: The Overlap of Trademark Rights and First Amendment Interests by Blaykleigh Smythe

It is no surprise that the value of a trademark continues to rise in the United States economy due to its ability to drive consumer spending. Trademarks play a significant role in distinguishing the sources of goods and services, providing…

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The First Amendment and the Restrictions on Public Performance Rights by Andreea Livanu

Imagine a world where the boundaries of free speech are drawn not by the merits of the message, but by the shifting sands of societal norms and subjective morality. It is the precarious terrain copyright owners must navigate when their…

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From Myth to Reality: Is AI the Pandora’s Box of Our Time? by Skylar W. Schossberger

Frankenstein A Universal Picture, Eric Wienberg Collection of Malibu Matchbooks, Postcards, and Ephemera, Collection no. 0129, Special Collections and University Archives, University Libraries, Pepperdine University. “Whence, I often asked myself, did the principle of life proceed? It was a bold…

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The Patent Thicket: Can Federal Rulemaking Hack a Path Through the Shrubbery? by Celia H. Leber

of trees with a track amid the thicket of bushes on a bright sunny day. Photo by Ania Zakrzewska via Adobe Stock. The initial plan for this article was to confine the scope to a discussion of a recent controversial…

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Program Report: Idaho Volunteer Lawyers Program

Since 2009, Pro Bono Week has been a national celebration of pro bono service. Legal organizations across America participate to recognize the need for legal services and to thank those who give their time to provide it. The Idaho Volunteer…

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