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Articles 1 - 27 of 27
Full-Text Articles in Law
Achieving Fundamental Fairness For Oklahoma's Juveniles: The Role For Competency In Juvenile Proceedings, Mary Sue Backus
Achieving Fundamental Fairness For Oklahoma's Juveniles: The Role For Competency In Juvenile Proceedings, Mary Sue Backus
Oklahoma Law Review
No abstract provided.
Too Narrow Of A Holding? How—And Perhaps Why—Chief Justice John Roberts Turned Snyder V. Phelps Into An Easy Case, Clay Calvert
Too Narrow Of A Holding? How—And Perhaps Why—Chief Justice John Roberts Turned Snyder V. Phelps Into An Easy Case, Clay Calvert
Oklahoma Law Review
This article analyzes the United States Supreme Court’s March 2011 decision in Snyder v. Phelps. Specifically, it demonstrates the narrow nature of the holding, and argues that while narrow framing, in the tradition of judicial minimalism, may have been a strategic move by Chief Justice John Roberts to obtain a decisive eight-justice majority, the resulting opinion failed to advance First Amendment jurisprudence significantly. Instead, the outcome simply—even predictably—fell in line with an established order of decisions. This article examines four tactics employed by the Chief Justice to narrow the case in such a way that its outcome was essentially …
There's A New Act In Town: How The Oklahoma Oil And Gas Owners' Lien Act Of 2010 Strengthens The Position Of Oklahoma Interest Owners, Sahar Jooshani
There's A New Act In Town: How The Oklahoma Oil And Gas Owners' Lien Act Of 2010 Strengthens The Position Of Oklahoma Interest Owners, Sahar Jooshani
Oklahoma Law Review
No abstract provided.
Beneficial Use In Oklahoma Water Law: Opportunity For Better Management Or More Mischief?, Dean A. Couch, C. Lou Klaver
Beneficial Use In Oklahoma Water Law: Opportunity For Better Management Or More Mischief?, Dean A. Couch, C. Lou Klaver
Oklahoma Law Review
No abstract provided.
Inquiry Notice: Merck & Co. V. Reynolds And The Need For Requiring Private Investors To Investigate Potential Securities Fraud, Joel Alan Borkenhagen
Inquiry Notice: Merck & Co. V. Reynolds And The Need For Requiring Private Investors To Investigate Potential Securities Fraud, Joel Alan Borkenhagen
Oklahoma Law Review
No abstract provided.
Article Iii And Removal Jurisdiction: The Demise Of The Complete Diversity Rule And A Proposed Return To Minimal Diversity, Rodney K. Miller
Article Iii And Removal Jurisdiction: The Demise Of The Complete Diversity Rule And A Proposed Return To Minimal Diversity, Rodney K. Miller
Oklahoma Law Review
The complete diversity rule is broken. Although easily applied in theory (federal courts can exercise subject matter jurisdiction over an action on diversity grounds only when no party is of the same citizenship as any adverse party), over time the number of judicially and legislatively created exceptions to the rule, as well as their varying and inconsistent application by the federal courts, has created an environment in which similarly situated parties are treated differently based solely on the forum in which the litigation is brought. In the removal context, depending upon the forum in which an action is filed, a …
Developing Disaster: How Developers Are Using A Covenant To Steal From Homeowners And Why The States Should Stop Them, Amy Kathleen Lewis
Developing Disaster: How Developers Are Using A Covenant To Steal From Homeowners And Why The States Should Stop Them, Amy Kathleen Lewis
Oklahoma Law Review
No abstract provided.
Groundwater: A Comparative Analysis Of The Regulation Of Groundwater Encountered In Surface Mining, Jason Aamodt, Krystina Phillips, Rene Annesley
Groundwater: A Comparative Analysis Of The Regulation Of Groundwater Encountered In Surface Mining, Jason Aamodt, Krystina Phillips, Rene Annesley
Oklahoma Law Review
No abstract provided.
Water Planning: An Opportunity For Managing Uncertainties At The Tribal-State Interface?, Stephen H. Greetham
Water Planning: An Opportunity For Managing Uncertainties At The Tribal-State Interface?, Stephen H. Greetham
Oklahoma Law Review
No abstract provided.
Oklahoma's Save Our State Amendment And The Conflict Of Laws, John T. Parry
Oklahoma's Save Our State Amendment And The Conflict Of Laws, John T. Parry
Oklahoma Law Review
No abstract provided.
How Exclusive Is The Workers' Compensation Exclusive Remedy? 2010 Amendments To Oklahoma Workers' Compensation Statute Shoot Down Parret, Matthew K. Brown
How Exclusive Is The Workers' Compensation Exclusive Remedy? 2010 Amendments To Oklahoma Workers' Compensation Statute Shoot Down Parret, Matthew K. Brown
Oklahoma Law Review
No abstract provided.
Oklahoma Water Rights: What Good Are They?, Gary Allison
Oklahoma Water Rights: What Good Are They?, Gary Allison
Oklahoma Law Review
No abstract provided.
Anonymous Tips Alleging Drunk Driving: Why "One Free Swerve" Is One Too Many, James Michael Scears
Anonymous Tips Alleging Drunk Driving: Why "One Free Swerve" Is One Too Many, James Michael Scears
Oklahoma Law Review
No abstract provided.
Gas Marketing By The Operator Under A Joa—Unrecognized Regulatory Risks And Practical Solutions, William F. Demarest Jr.
Gas Marketing By The Operator Under A Joa—Unrecognized Regulatory Risks And Practical Solutions, William F. Demarest Jr.
Oklahoma Law Review
No abstract provided.
Oklahoma's Save Our State Amendment: Two Issues For The Appeal, John T. Parry
Oklahoma's Save Our State Amendment: Two Issues For The Appeal, John T. Parry
Oklahoma Law Review
No abstract provided.
How America's Newest Consumer Credit Statute Fails To Protect Its Oldest Consumers: A Critique Of The Credit Card Act Of 2009, Michael A. Furlong
How America's Newest Consumer Credit Statute Fails To Protect Its Oldest Consumers: A Critique Of The Credit Card Act Of 2009, Michael A. Furlong
Oklahoma Law Review
No abstract provided.
Straying From The Written Path: How The Supreme Court Eviscerated The Plain Meaning Of The Mvra’S Ninety-Day Deadline Provision And Legislated From The Bench In Dolan V. United States, Alexander J. Sisemore
Straying From The Written Path: How The Supreme Court Eviscerated The Plain Meaning Of The Mvra’S Ninety-Day Deadline Provision And Legislated From The Bench In Dolan V. United States, Alexander J. Sisemore
Oklahoma Law Review
No abstract provided.
Unchecked: How Frazier V. Citifinancial Eliminated Judicially Created Grounds For Vacatur Under The Federal Arbitration Act, Sean C. Wagner
Unchecked: How Frazier V. Citifinancial Eliminated Judicially Created Grounds For Vacatur Under The Federal Arbitration Act, Sean C. Wagner
Oklahoma Law Review
No abstract provided.
Making Plaintiffs Whole: A Tax Problem Of Interest, William E. Foster
Making Plaintiffs Whole: A Tax Problem Of Interest, William E. Foster
Oklahoma Law Review
This article illustrates the dramatic tax impact of interest awards in otherwise non-taxable litigation recoveries and proposes two alternative legislative solutions for the over-taxing of plaintiffs in these cases. While plaintiffs who recover personal injury awards typically receive favorable tax treatment, those who receive interest on such awards are taxed on the interest and often are not able to utilize deductions for attorney’s fees and other costs paid to obtain the award. Further, the attorney’s portion of the recovery in a contingency fee arrangement will be included in the plaintiff’s gross income. The result is that the plaintiff recovers less …
Unlikely To Succeed: How The Second Circuit's Adherence To The Serious Questions Standard For The Granting Of Preliminary Injunctions Contradicts Supreme Court Precedent And Turns And Extraordinary Remedy Into An Ordinary One, Jacob S. Crawford
Oklahoma Law Review
No abstract provided.
Interstate Compacts Establishing State Entitlements To Water: An Essential Part Of The Water Planning Process, Charles T. Dumars, Stephen Curtice
Interstate Compacts Establishing State Entitlements To Water: An Essential Part Of The Water Planning Process, Charles T. Dumars, Stephen Curtice
Oklahoma Law Review
No abstract provided.
Domestic Well Exemption In Oklahoma Groundwater Law — Impact And Implications, Drew L. Kershen
Domestic Well Exemption In Oklahoma Groundwater Law — Impact And Implications, Drew L. Kershen
Oklahoma Law Review
No abstract provided.
When Does Restitution Become Retribution?, Melanie M. Reid, Curtis L. Collier
When Does Restitution Become Retribution?, Melanie M. Reid, Curtis L. Collier
Oklahoma Law Review
No abstract provided.
Revitalizing Informed Consent And Protecting Patient Autonomy: An Appeal To Abandon Objective Causation, Evelyn Tenenbaum
Revitalizing Informed Consent And Protecting Patient Autonomy: An Appeal To Abandon Objective Causation, Evelyn Tenenbaum
Oklahoma Law Review
No abstract provided.
More Money, More Problems: How Oklahoma’S Novel Approach To Ponzi Scheme Clawbacks In Oklahoma Department Of Securities Ex Rel. Faught V. Blair Means More Uncertainty For Investors, Elizabeth Blair Wozobski
More Money, More Problems: How Oklahoma’S Novel Approach To Ponzi Scheme Clawbacks In Oklahoma Department Of Securities Ex Rel. Faught V. Blair Means More Uncertainty For Investors, Elizabeth Blair Wozobski
Oklahoma Law Review
No abstract provided.
More Than An Assertion: How United States V. Pulungan Nudged The Directorate Of Defense Trade Controls Toward Increased Transparency, Cody Jones
Oklahoma Law Review
No abstract provided.
Not All "Units" Are Created Equal: How Hebble V. Shell Western E&P;, Inc. Missed An Opportunity To Curb The Expansion Of Fiduciary Obligations In Oklahoma Oil And Gas Law, Brad Secrist
Oklahoma Law Review
No abstract provided.