ELECTION LAWSupreme Court of Alaska (2022)Sarah BrooksIn Kohlhaas v. State, 518 P.3d 1095 (Alaska 2022), the supreme court upheld the constitutionalityof both open primaries and ranked choice voting for general elections approved by a ballotinitiative, Initiative 2. (Id. at 1100–01). Kohlhaas argued that Initiative 2 violated free speechrights by allowing candidates to identify with a Continue Reading »
NATIVE LAWUnited States District Court, District of Alaska (2022)Kristiana OlsonIn Southcentral Foundation v. Alaska Native Tribal Health Consortium, 2022 WL 2834283 (D.Alaska 2022), the district court held that a tribal healthcare organization was entitled to privilegeddocuments relating to its governance and participation rights in Alaska Native Tribal HealthConsortium (ANTHC). (Id. at *14). ANTHC is a Continue Reading »
PROPERTY LAWUnited States District Court, District of Alaska (2022)Rachel ReissIn Kloosterboer International Forwarding LLC v. United States, Department of HomelandSecurity, 604 F.3d 853 (D. Alaska 2022), the district court held that a transporter of frozenseafood products from Alaska to the east coast of the United States did not qualify for the ThirdProviso exception to the Continue Reading »
NATIVE LAWSupreme Court of Alaska (2022)Sam MacDuffieIn State, Department of Health & Social Services v. Cissy A., 513 P.3d 999 (Alaska 2022), thesupreme court found that although the Indian Child Welfare Act (ICWA) does not require culturalexpert testimony in every case, the lower court did not err by finding specific cultural testimonyinsufficient in two cases. Continue Reading »
CRIMINAL LAWSupreme Court of Alaska (2022)Anighya CrockerIn State, Department of Corrections. v. Stefano, 516 P.3d 486 (Alaska 2022), the supreme courtheld that, even though being removed from electronic monitoring does not implicate theconstitutional right to rehabilitation, an inmate released on electronic monitoring has a libertyinterest protected by the due process guarantee of the Alaska constitution Continue Reading »
CRIMINAL LAWSupreme Court of Alaska (2022)Scott AndersonIn Jones–Nelson v. State, 512 P.3d 665 (Alaska 2022), the supreme court held that an inaccuratejury instruction was not harmless error when it incorrectly described the reasonablenessrequirement for self–defense and improperly distinguished between different degrees of deadlyforce. (Id. at 676–78). The suspect, Jones–Nelson, was at a party and confronted Continue Reading »
CONTRACT LAWUnited States District Court, District of Alaska (2022)Jake ShermanIn Sycks v. Transamerica Life Insurance Co., 2022 WL 17403784 (D. Alaska 2022), the districtcourt held that a court may not look to the terms of a contract for purposes of a Rule 12(b)(6)motion to dismiss if the parties dispute whether the certified copy of the Continue Reading »
CONSTITUTIONAL LAW Supreme Court of Alaska (2022) Scott Anderson In State v. Alaska Legislative Council, 515 P.3d 117 (Alaska 2022), the supreme court held that the Alaska state legislature could not appropriate future education funds from a future fiscal year’s budget. (Id. at 119). In 2018, the legislature passed and the governor signed a law Continue Reading »
CRIMINAL LAW Court of Appeals of Alaska (2022) Sarah Couillard In Frankson v. State, 518 P.3d 743 (Alaska Ct. App. 2022), the court of appeals held that a trial court may consider an aggravating factor based on a defendant’s prior conviction when deciding whether to reject a sentencing agreement as too lenient. (Id. at 746). Continue Reading »
PROPERTY LAW Supreme Court of Alaska (2022) Sarah Brooks In Wayson v. Stevenson, 514 P.3d 1263 (Alaska 2022), the supreme court held that if a deed of easement allows for a right to use a roadway for any means that the landowner may deem “necessary or appropriate” without further restriction, the landowner may use the Continue Reading »
