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32 Alaska L. Rev. i (2015)

handle is hein.journals/allr32 and id is 1 raw text is: 











           NOTE FROM THE EDITOR

     The Alaska Law Review is pleased to present our June 2015 issue, the
first in our thirty-second volume. Featuring three Articles and three
student Notes, the pieces in this issue touch upon important and varied
themes in the modem Alaskan legal system, ranging from unethical
state criminal verdicts, evidentiary standards in domestic violence cases,
and complex civil procedure to the jurisdiction of tribal courts to
regulate criminal and alcohol-related offenses.
     Our first Article, Guilty But Mentally III: The Ethical Dilemma of
Mental Illness As A Tool Of The Prosecution by Lauren G. Johansen,
examines the guilty but mentally ill verdict in Alaska's criminal justice
system. This Article argues that the prosecution-initiated guilty but
mentally ill verdict is unethical and, if not repealed, will be increasingly
used by prosecutors to deny mentally ill defendants their entitlement to
good-time credit and will further disincentivize defense investigation
and presentation of a defendant's mental illness. Ms. Johansen is a
graduate of the University of Oregon School of Law. She currently
works as a law clerk to the Honorable William B. Carey in Ketchikan.
     Our second Article, Whatever Happened To The Seveloff Fix? by
Andy Harrington, examines the complex history behind the power of
Alaska native villages to create and enforce their own tribal alcohol
regulations. This Article concludes that Alaska native villages currently
retain the power, concurrent with the State, to regulate their own alcohol
use. Mr. Harrington's article ends with a concise list of modem-day
considerations for tribal councils that seek to create and enforce their
own tribal alcohol regulations. Mr. Harrington is a graduate of Harvard
Law School. He currently works as the Associate General Counsel for
the University of Alaska.
     Our third Article, Advancing Tribal Court Criminal Jurisdiction In
Alaska by Ryan Fortson, persuasively argues that Alaska tribes have
jurisdiction over criminal offenses within their Native villages. The
existence of tribal criminal jurisdiction over criminal offenses would
greatly empower tribes to address the local problems that plague them.
This Article urges Tribal courts in Alaska to become active participants
in exercising their inherent criminal jurisdiction. Mr. Fortson is a J.D.
graduate of Stanford Law School and a Ph.D. graduate of the University
of Minnesota. He currently teaches as an assistant professor at the
Justice Center at the University of Alaska Anchorage.
     The Alaska Law Review is proud to include three Duke Law student

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