Digital Commons Network^™

Oppy On The Argument From Consciousness, J.P. Moreland

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

The Topography Of Divine Love, Jeff Jordan

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

John W. Cooper, Panentheism: The Other God Of The Philosophers: From Plato To The Present, Douglas Hedley

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

A Cautionary Surrogacy Tale, Arthur S. Leonard

Other Publications

No abstract provided.

The Meningitis Outbreak: Don't Expect Miracles From The Fda, Joanne Doroshow

Other Publications

The good news for states is drug industry immunity only kicks in if the drugs in question are FDA-approved. And thanks to the first-rate influence-peddling and lobbying prowess of compounding pharmacists, the tainted steroid shots at issue today are free and clear of FDA regulation.

Why We Need Race Conscious Admissions, Deborah N. Archer

Other Publications

No abstract provided.

Confrontation Clause Curiosities: When Logic And Proportion Have Fallen Sloppy Dead, Randolph N. Jonakait

Articles & Chapters

No abstract provided.

The Fiscal Crisis As An Opportunity For Criminal Justice Reform: Defenders Building Alliances With Fiscal Conservatives, Randolph N. Jonakait, Larry Eger

Articles & Chapters

No abstract provided.

L'Exit Tax Des Personnes Physiques Aux Usa, Richard C.E. Beck

Articles & Chapters

No abstract provided.

Increasing The Efficiency Of Medical Research With Dynamic Research Summaries For Researchers And Consumers, Perry W. Payne

Clinical Research and Leadership Faculty Publications

Literature reviews are usually the first step in conducting medical research projects.They often lead to the creation of a useful research question. However, this initialstep in medical research contains inefficiencies, which if removed, could speedup the research process and thereby enhance development of innovative healthrelated products. In addition, existing research article databases offer informationwhich is inaccessible to most lay consumers. This article proposes an alternativeapproach for allowing researchers to assess the state of research in a particulararea called “dynamic research summaries.” These summaries would offer a regularlyupdated narrative of existing research in any given area. They could increasethe speed at …

The Silent But Gifted Law Student: Transforming Anxious Public Speakers Into Well-Rounded Advocates, Heidi K. Brown

Articles & Chapters

The premise of this Article is that a certain cluster of students in every law school experiences severe public speaking anxiety (as contrasted with standard low-grade nerves) — whether because of childhood upbringing, adolescent or college experiences, or new environmental triggers — and needs support to gain control of this fear instead of repressing it as a perceived weakness. This Article proposes that, with the right level of awareness and a thoughtful psychological approach, law schools can, and should, develop programs to assist students in overcoming this stumbling block. To do so, law professors first must understand that it is …

Location, Location, Location: Using Cost Of Living To Achieve Tax Equity, James Puckett

Faculty Articles

All other things being equal, the federal income tax ignores whether the taxpayer lives in a relatively affordable or expensive location. This approach can lead to unfairness; moreover, special deductions for the taxpayer's actual living expenses, such as home mortgage interest and state and local taxes, do not solve the problem. Tax law scholars have generally been quick to dismiss the equity issues based on assumptions about taxpayer mobility. The existing literature would tax comparable workers equally, regardless of salary and living costs. This approach would unfairly equate differently situated workers. This article questions the assumption of taxpayer mobility, considers …

Lemkin’S Situation: Toward A Rhetorical Understanding Of "Genocide", Perry Bechky

Faculty Articles

Legal debate about genocide revolves around the definition set forth in the 1948 Genocide Convention, but often critically and with prescriptions for amendment. Many other definitions compete in public discourse. Often lost in all the discussion about what genocide does or should mean is the original intent of Raphael Lemkin, the man who coined the word and convinced the United Nations to denounce and outlaw the “odious scourge” of genocide. This Article contributes to genocide discourse by conceiving of Lemkin’s coinage as rhetoric – that is, as part of his strategy to persuade the nations of the world to change …

Reframing Roe: Property Over Privacy, Becca Rausch

Faculty Articles

Roe v. Wade has received much criticism from both sides of the political spectrum. These critiques diverge divisively but for one commonality. Specifically, commentators from both the pro- and anti-choice camps have expressed concern about the absence of an express constitutional right to privacy, upon which the Supreme Court in Roe based its finding of a "fundamental" right to abortion. This lack of express constitutional provision renders the Roe decision, and its resulting reproductive rights, vulnerable. Further, pro-choice advocates find fault with the privacy basis because it yields no positive rights to funding or governmental support for accessing abortion services. …

Saving The Puget Sound Wild Salmon Fishery, George Van Cleve

Faculty Articles

This article focuses on the prevention of future habitat losses. Part I explores flaws in how existing law deals with habitat protection and outlines alternative policies to improve it. Part II charts the decline of the Puget Sound salmon fishery and discusses the scientific support for the conclusion that habitat protection and restoration is a central element in restoring it. Part III considers how effective administrative action and related endangered species litigation are likely to be as means of protecting habitat. Since Native American tribes face very severe harm from the fishery's potential destruction, Part III also explores their distinctive …

Health Cover(Age)Ing, Becca Rausch

Faculty Articles

This article posits that the emerging employer-imposed health insurance fat tax regime subverts the public policy goal of achieving actual health and evidences two important systemic phenomena: first, that these fat taxes force fat people to cover their fatness, and second, that current legal structure permitting this practice ensures that society continues to cover up its anti-fat bias. American society, through the health care system and other mechanisms, has created a fat-thin dichotomy within which thin is good and fat is bad. Recently, employers began reinforcing this dichotomy by imposing on employees whose weight renders them “obese” on the Body …

American Skin: Dispensing With Colorblindness And Critical Mass In Affirmative Action, Deirdre Bowen

Faculty Articles

This exploratory empirical work examines whether students of color enjoy the benefits articulated by the U.S. Supreme Court in the Grutter decision that rationalized the continuation of affirmative action based on diversity interests. Specifically, the Court stated that affirmative action was permissible because students of all backgrounds would increase their racial understanding and decrease their racial stereotyping of minorities. Neither side was happy with the decision—both skeptical that such benefits could transpire for minority students. Yet, in the heat of continuing debate, neither group has empirical support for their arguments until now.

Using survey data of over 370 under-represented minority …

A Pragmatic Republic, If You Can Keep It, Bill Sherman

Faculty Articles

The administrative state has been bedeviled by doubts about its democratic legitimacy and its questionable Constitutional provenance. Courts and scholars attack or shore up this weakness, but almost all proceed on the assumption that the administrative state is a modern leviathan unimaginable to the Founders. Consequently, questions about the role of politics in agency decisions assign a disfavored role to “pure politics” in rulemaking. This Book Review Essay challenges that assumption and its implications for the role of politics in administrative decisionmaking. Centering on a review of Jerry L. Mashaw’s new book, Creating the Administrative Constitution: The Lost One Hundred …

The Homeowners’ Illusory Safety Net: Mortgage Broker Surety Liability, Bryan Adamson

Faculty Articles

This Article exposes a critical consumer protection flaw in Washington State’s Mortgage Brokers Practices Act. While allowing aggrieved borrowers to bring claims against mortgage brokers at least up to three years from the date of injury, it requires a borrower to bring an action against the mortgage broker’s surety within one year of the injury. This Article posits that the one-year statute of limitations for actions against the mortgage surety is procedurally counterintuitive. Importantly, it also compels filing of possibly frivolous claims, and subverts all other statute of limitations provisions otherwise available to a wronged consumer. The Article explains why …

Clinical Faculty In The Legal Academy: Hiring, Promotion, And Retention , Bryan L. Adamson, Calvin Pang, Bradford Colbert, Kathy Hessler, Katherine Kruse, Robert Kuehn, Mary Helen Mcneal, David Santacroce

Faculty Articles

No abstract provided.

Don’T Blame Crawford Or Bryant: The Confrontation Clause Mess Is All Davis’S Fault, Deborah Ahrens, John Mitchell

Faculty Articles

In Michigan v. Bryant, a dying victim lying in a parking lot provided responding officers with the identity of the man who shot him. In determining whether the subsequent use of the deceased declarant’s statement at trial violated the Confrontation Clause, the Bryant Court applied the testimonial versus nontestimonial analysis established in the Court’s previous decision, Crawford v. Washington. Holding that testimonial hearsay covered statements involving past events, while nontestimonial statements were directed at an “ongoing emergency,” the Bryant Court applied a multi-factor, totality of the circumstances analysis and found that the deceased declarant’s identification had been directed …

En Paz Descanse: Remembering Keith Aoki’S Contributions Toward Latina/O Equality, Steven W. Bender

Faculty Articles

Part of the forthcoming University of Oregon Law Review tribute to the scholarship of the late Professor Keith Aoki (1955-2011), this article situates Keith’s engagement of Latina/o policy issues within his scholarly identity and legacy. Although best remembered for his renowned contributions in the fields of intellectual property, property law, and Asian American jurisprudence, Keith wrote extensively on Latina/o issues in pursuit of equality of treatment. As addressed in the article, Keith’s notable advocacy on behalf of Latinas/os includes the significance of political representation as a strategy for social change and his innovative proposals for regional formulation of immigration policy.

Gringo Alley, Steven W. Bender

Faculty Articles

As a tribute to the late Professor Keith Aoki, this piece engages an uncompleted collaboration with Professor Aoki sketching through art and words a profoundly dystopian immigration nightmare centered in the Southwestern United States. In detailing the plot and themes of the borderlands gauntlet of "Gringo Alley," the article confronts some of the disturbing recent developments in immigration policy that approach or match the horrors imagined in fictional Gringo Alley. Finally, the article draws on science fiction influence and demographic reality to suggest a frightening future for all U.S. residents -- the prospect of economic collapse in a landscape of …

Unbound By Law: Keith Aoki As Our Avatar, Steven W. Bender, Ibrahim J. Gassama

Faculty Articles

Introducing the memorial symposium in the Oregon Law Review for the late Professor Keith Aoki, who taught at Oregon from 1993 to 2006, we frame the contributions of invited scholars who address Keith’s impact on the law and legal academy through his prolific work on diverse areas of law — intellectual property, local government, critical geography, Asian American jurisprudence, immigration and critical Latina/o jurisprudence. Collectively, the pieces evidence a scholar armed with an unwavering commitment to critical analysis and social justice, while wielding a vast array of cultural and intellectual influences from his career as an artist. Given Keith’s legacy …

Preliminary Report On Race And Washington’S Criminal Justice System, Robert S. Chang

Faculty Articles

For this Report, the Research Working Group reviewed evidence on disproportionality in Washington’s criminal justice system and considered whether crime commission rates accounted for this disproportionality. They found that crime commission rates by race and ethnicity are largely unknown and perhaps unknowable, but that some researchers simply take arrest rates as good proxies for underlying commission rates for all crimes. They found that use of arrest rates likely overstates black crime commission rates for several reasons. But even if arrest rates are used as a proxy for underlying crime commission rates, the extent of racial disproportionality is not explained by …

Keith Aoki’S Theory Of Racial Microclimes, Robert S. Chang

Faculty Articles

No abstract provided.

Law Professor As Artist: Themes And Variations In Keith Aoki's Intellectual Property Scholarship, Margaret Chon

Faculty Articles

This memorial tribute to the late Keith Aoki traces the impact of his intellectual property scholarship, particularly in the area of genetic resources.

Supercolleague, Margaret Chon

Faculty Articles

This memorial tribute to the late Keith Aoki traces the impact of his overlapping activities as an artist, warrior, and mentor, particularly in the area of Asian-American jurisprudence.

The Romantic Collective Author, Margaret Chon

Faculty Articles

Although the romantic collective author is a much more elusive creature than its romantic individual counterpart, it can be discerned amidst the proliferation of expression on the Internet. This article first outlines the ways in which the romantic author effect operates through both its genius and its arbiter prongs within collaborative authorship practices in digital networks. It next turns to scientific collaboration, where this author effect is attenuated, to assess whether scientific authorship practices might contribute to a more realistic and less romantic understanding of expressive authorship practices. A subsequent case study of collaborative digital authorship by Wikipedia contributors uncovers …

Lassiter V. Department Of Social Services: Why Is It Such A Lousy Case?, Brooke D. Coleman

Faculty Articles

Every year in Professor Brooke Coleman’s 1L Civil Procedure course, she introduces the subject with a collection of due process cases. The cases force students to confront the tension between procedural efficiency and fairness right out of the gate. It sets a fantastic tone for a course that is essentially all about managing that tension. One particular case, Lassiter v. Department of Social Services, really gets students’ attention. The debate about that case is inevitably a lively one. However, every year when Professor Coleman teaches it, she finds herself rejecting the case and its approach even more. In short, …