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39 Alaska L. Rev. i (2022)

handle is hein.journals/allr39 and id is 1 raw text is: 











          NOTE FROM THE EDITOR

     The Alaska Law Review is pleased to publish our June 2022 issue, the
first in our thirty-ninth volume. This issue features two practitioner
articles, three student notes, and a student case comment. These pieces
cover a wide range of important legal topics impacting Alaskan law.
     Our first article is titled Strangers in Their Own Land: A Survey of the
Status of the Alaska Native People from the Russian Occupation Through the
Turn of the Twentieth Century. In this historical review, Jon W. Katchen,
Partner at Holland & Hart, and Nicholas Ostrovsky, General Counsel of
Ahtna, Inc., examine the legal status of Alaska Natives and shed light on
the recent debate, resolved last year by the U.S. Supreme Court, about
whether Alaska Native Corporations are considered Indian tribes for
the purpose of a congressional COVID-19  relief package. The authors
survey the unique history of the treatment of Alaska Natives from the
mid-1700s through the early twentieth century.
     In our next article, ANSCA Corporation Proxy Wars, Aaron M. Schutt,
President and Chief Executive Officer of Doyon, Ltd., reviews the legal
history of corporate proxy wars and related election issues that the Alaska
Native Claims Settlement Act (ANCSA) corporations and candidates for
their boards of directors have waged over the past nearly fifty years. Mr.
Schutt details the important implications these cases have had for ANCSA
corporations, including the financial burdens associated with litigation
and their effect on the leadership of those corporations.
     Our first student note, Alaska's Lengthy Sentences Are Not the Answer
to Sex Offenses, by Margot Graham, argues that the Alaska legislature and
the Alaska courts have created an ineffective sentencing scheme that
results in excessively long prison sentences for Alaskans convicted of sex
offenses. Ms. Graham notes that rationales behind this sentencing scheme
were based in unfounded and  inaccurate assumptions about those who
commit  sex offenses, and that the lengthy sentences are not achieving the
goal of  public safety. This note proposes  three solutions to this
problematic scheme that could better protect Alaskan communities, help
rehabilitate those who commit sex offenses, and save taxpayer dollars.
     Our second  student note, It Takes a Village: Repurposing Takings
Doctrine to Address Melting Permafrost in Alaska Native Towns, written by
incoming Editor-in-Chief Sasha Kahn, proposes a novel legal solution to
an emergency facing many Alaska Native villages today. Due to climate
change, Alaska Native villages built upon permafrost are beginning to
sink and collapse. Most of these villages will have to physically move, as

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