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36 Alaska L. Rev. i (2019)

handle is hein.journals/allr36 and id is 1 raw text is: 











           NOTE FROM THE EDITOR

     The Alaska Law Review is pleased to present our June 2019 issue,
which  is the first in our thirty-sixth volume. This issue features two
articles, two student notes, and two case comments. These pieces touch
on a variety of legal topics that are significant to Alaska, ranging from
issues with jury instructions to the state's growing economic relationship
with China.
     In the first article, Actual and Constructive Possession in Alaska:
Clarifying the Doctrine, Professor Chad Flanders looks at two Alaska court
cases, each decided by Judge David Mannheimer, which  raise important
questions about Alaska's jury instructions on possession. Particularly,
the article suggests that the current jury instructions on possession are
too expansive, and argues for a refined understanding of the definition of
constructive possession that hinges on the idea of authority. Chad
Flanders is a Professor of Law at the Saint Louis University School of Law.
     Our  second article, Pathway to Permanency: Enact a State Statute
Formally Recognizing Indian Custodianship as an Approved Path to Ending a
Child in Need ofAid Case, by Courtney Lewis, looks at the disproportionate
number  of Alaska Native youth in foster care and the overburdened and
understaffed state child welfare agency in Alaska. The article argues that
Alaska  should enact  a state statute that formally recognizes Indian
custodianships as a pathway for Indian children to exit the state foster
care system. Courtney Lewis is an assistant public defender at the Alaska
Public Defender Agency.
     The  first note, Caught Between  Superpowers: Alaska's Economic
Relationship with China Amidst the New Cold War, by Sam Karson, discusses
Alaska's growing economic  relationship with China in the context of the
U.S. federal government's increasingly tense relationship with China. The
note  argues  that  the  anti-commandeering   doctrine  can  provide
constitutional protection for Alaska to promote its own economic interest
with China without interference from the federal government.
     In our second note, Protecting Passenger Fees: Reawakening Congress's
Tonnage Clause Authorization Powers, I analyze the recent court holding in
Cruise Lines International Association Alaska v. The City and Borough of
Juneau. In this case, Cruise Line International Association Alaska sued
Juneau for charging passenger fees to cruise vessels that entered the City's
port. I argue that while the imposition of these fees may violate the U.S.
Constitution's Tonnage   Clause,  the  City should   circumvent  the

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