Digital Commons Network^™

Belief States In Criminal Law, James A. Macleod

Oklahoma Law Review

Belief-state ascription—determining what someone “knew,” “believed,” was “aware of,” etc.—is central to many areas of law. In criminal law, the distinction between knowledge and recklessness, and the use of broad jury instructions concerning other belief states, presupposes a common and stable understanding of what those belief-state terms mean. But a wealth of empirical work at the intersection of philosophy and psychology—falling under the banner of “Experimental Epistemology”—reveals how laypeople’s understandings of mens rea concepts differ systematically from what scholars, courts, and perhaps legislators, have assumed.

As implemented, mens rea concepts are much more context-dependent and normatively evaluative than the conventional …

“Big Data” And The Risk Of Employment Discrimination, Allan G. King, Marko Mrkonich

Oklahoma Law Review

No abstract provided.

Live And Let Die: The Consequences Of Oklahoma’S Nondiscrimination In Treatment Act, Kendra Norman

Oklahoma Law Review

No abstract provided.

Bosh And The Constitutional Cause Of Action: The Corridor To Civil Liberties, Nick Coffey

Oklahoma Law Review

No abstract provided.

Blackhawk Down Or Blackhorse Down? The Lanham Act’S Prohibition Of Trademarks That “May Disparage” & The First Amendment, Russ Versteeg

Oklahoma Law Review

No abstract provided.

Removing Barriers To Telehealth In Oklahoma: Increasing Access To Care And Improving Health Outcomes Across The State, Samuel P. Clancy

Oklahoma Law Review

No abstract provided.

Kiobel And Extraterritoriality: Here, (Not) There, (Not Even) Everywhere, Edward T. Swaine

Oklahoma Law Review

No abstract provided.

Just A Miner Threat? The Fourth Circuit Refuses To Review Temporary Reinstatement Orders Through The Collateral Order Doctrine, Lindsay N. Kistler

Oklahoma Law Review

No abstract provided.

Review Of 'Republican Theology: The Civil Religion Of American Evangelicals', John Compton

Political Science Faculty Articles and Research

"Although I find Lynerd’s characterization of the Christian Right unpersuasive (for reasons explained below), Republican Theology nonetheless performs a valuable service in highlighting the reciprocal influence of religious and political ideas, particularly in the early years of the republic... Lynerd makes a strong case that American evangelicals, while aware of the potential for tension, viewed each commitment as indispensable to the formation of a Godly republic."

Intermediate Accounting I, William Hahn

Syllabus Repository

No abstract provided.

Jesus & The Gospels, William C. Hackett Jr

Syllabus Repository

No abstract provided.

The H∞ Functional Calculus Based On The S-Spectrum For Quaternionic Operators And For N-Tuples Of Noncommuting Operators, Daniel Alpay, Fabrizio Colombo, Tao Qian, Irene Sabadini, Tao Qian

Mathematics, Physics, and Computer Science Faculty Articles and Research

In this paper we extend the H∞ functional calculus to quaternionic operators and to n-tuples of noncommuting operators using the theory of slice hyperholomorphic functions and the associated functional calculus, called S-functional calculus. The S-functional calculus has two versions one for quaternionic-valued functions and one for Clifford algebra-valued functions and can be considered the Riesz-Dunford functional calculus based on slice hyperholomorphicity because it shares with it the most important properties.

The S-functional calculus is based on the notion of S-spectrum which, in the case of quaternionic normal operators on a Hilbert space, is also the notion of spectrum that appears …

Sexualization, Sex Discrimination, And Public School Dress Codes, Meredith Johnson Harbach

Law Faculty Publications

This essay joins the conversation about sexualization, sex discrimination, and public school dress codes to situate current debates within in the broader cultural and legal landscapes in which they exist. My aim is not to answer definitively the questions I pose above. Rather, I ground the controversy in these broader contexts in order to better understand the stakes and to glean insights into how schools, students, and communities might better navigate dress code debates.

Imagining U.S. Labor Relations Without Union Security, Ann C. Hodges

Law Faculty Publications

Attacks on union finances are intensifying. These assaults, which come in various forms, have the potential to jeopardize the current systems of labor relations in the United States in both private and public sectors. This essay analyzes what might happen if the challenges are successful. Unions may shrink further in size or power, or alternatively, respond to new conditions in ways that strengthen them. Removal of union security might prompt legal change such as elimination of the duty of fair representation, elimination of the system of exclusive representation, or permitting the union to charge nonmembers for actual representation. These changes, …

Should The United States Create Trading Markets For Energy Efficiency?, Noah M. Sachs

Law Faculty Publications

This Comment examines whether the vision for energy efficiency markets matches the reality. It explains how energy efficiency markets work, examines the handful of energy efficiency markets that have been established to date, and explores the policy challenges inherent in commodifying energy efficiency and making it a tradable good.

The Criminalization Of Title Ix, Erin R. Collins

Law Faculty Publications

This essay proceeds in three parts. Part I provides a brief overview of the history of feminist-influenced criminal rape law reform and the rise of carceral feminism. Part II demonstrates how key tenets of the criminal law approach have been imported into emerging Title IX policies. Part III engages in a brief distributional analysis to identify who benefits and who loses from this approach. Then, drawing on insights from critical feminist critiques of rape law reform, begins to identify ways to use the opportunity Title IX presents to craft a very different kind of response to sexual assault--one that focuses …

Charging On The Margin, Paul T. Crane

Law Faculty Publications

The American criminal justice system has experienced a significant expansion in the number and severity of penalties triggered by misdemeanor convictions. In particular, legislatures have increasingly attached severe collateral consequences to misdemeanor offenses- penalties such as requirements to register as a sex offender, prohibitions on owning or possessing a firearm, and deportation. Although there is a wealth of scholarship studying the effect this development has on defendants and their attorneys, little attention has been paid to the impact collateral consequences have on prosecutorial incentives. This Article starts to remedy that gap by exploring the influence that collateral consequences exert on …

Rejecting The Tattooed Applicant, Disciplining The Tattooed Employee: What Are The Risks?, Stephen Allred

Law Faculty Publications

In the last twenty years, there has been a significant rise in the popularity of tattoos. Once relegated to the marginal realm of sailors, motorcycle gang members, or dock workers, tattoos are now proudly displayed by NBA stars, rock artists, and film actors. Perhaps not surprisingly, American workers, particularly younger workers, have emulated their idols and obtained tattoos too—at a remarkable rate. In fact, a 2012 Harris Poll found that one in five American adults had at least one tattoo. And while increasing percentages of Americans view tattoos as acceptable (indeed, even as art), tattoos still carry a persistent stigma …

Confirming Circuit Judges In A Presidential Election Year, Carl W. Tobias

Law Faculty Publications

Over 2016, President Barack Obama tapped accomplished, mainstream candidates for seven of twelve federal appeals court vacancies. Nevertheless, the Senate Judiciary Committee has furnished a public hearing and vote for merely three nominees and did not conduct a hearing for any other prospect this year. 2016 concomitantly is a presidential election year in which appointments can be delayed and stopped—a conundrum that Justice Antonin Scalia’s Supreme Court vacancy exacerbates. Because appellate courts comprise tribunals of last resort for practically all cases and critically need each of their members to deliver justice, the appointments process merits scrutiny. The Essay first evaluates …

Confirming Judges In The 2016 Senate Lame Duck Session, Carl W. Tobias

Law Faculty Publications

In this piece, Professor Carl Tobias descriptively scrutinizes the nomination and confirmation regimes throughout the administration of President Barack Obama. The article critically evaluates selection finding that persistent Republican Senate obstruction resulted in the greatest number of unoccupied posts for the longest duration, briefly moderated by the 2013 detonation of the “nuclear option,” which constricted filibusters. Nevertheless, the article contends when the Grand Old Party (GOP) attained a chamber majority, Republicans dramatically slowed the nomination and confirmation processes after January 2015. Therefore, openings surpassed ninety before Congress is scheduled to reassemble. Because this dilemma erodes rapid, inexpensive, and equitable disposition, …

Honoring Rick Mckinney And Llsdc’S Legislative Source Book, Roger V. Skalbeck, Joyce Manna Janto, Kathleen Klepfer

Law Faculty Publications

In this essay, through three vignettes inspired by the Legislative Source Book, we honor Rick McKinney for his role as the collection’s guiding light and leading author. We also provide a list of permanent links suitable for scholarly citation, where major parts of the collection are now archived online.

Virginia Practice Series: Jury Instructions, Ronald J. Bacigal, Margaret Ivey Bacigal

Law Faculty Publications

Virginia Practice Series-Jury Instructions is a continuation and update of previous editions, which won widespread approval among the bench and bar for almost 40 years.

As in the past, this book is primarily confined to the most common areas of jury trial work, torts and criminal law. Where possible, the language of the instructions is taken directly from reported cases or case records. Where this is not possible, we have set out instructions that should meet both the general rules regarding the form of instructions and the specific substantive legal rules. In the latter cases, close attention has been paid …

Human Capital Discrimination, Law Firm Inequality, And The Limits Of Title Vii, Kevin Woodson

Law Faculty Publications

This Article advances the legal scholarship on workplace inequality through use of evidence derived from interviews of a sample of black attorneys who have worked in large, predominantly white law firms. It does so by calling attention to the manner in which these firms operate as sites of human capital discrimination — patterns of mistreatment that deprive many black associates of access to the substantive work opportunities crucial to their professional development and career advancement. This Article identifies the specific arrangements and practices within these firms that facilitate human capital discrimination and describes the varied, often subtle harms and burdens …

Derivative Racial Discrimination, Kevin Woodson

Law Faculty Publications

This Article introduces the concept of derivative racial discrimination, a process of institutional discrimination in which certain social and cultural dynamics impede the careers of minority workers in predominantly white firms even in the absence of racial biases and stereotypes. Derivative racial discrimination is a manifestation of cultural homophily, the universal tendency of people to gravitate toward others with similar cultural interests and backgrounds. Although not intrinsically racial, cultural homophily disadvantages minority workers in predominantly white work settings due to various race-related social and cultural differences. Seemingly inconsequential in isolation, these differences produce racial disparities in the accrual of valuable …

Constitutional Economics, Luke P. Norris

Law Faculty Publications

This Article argues that the conventional narrative about the decline of Lochnerism and the rise of mid-century substantive due process jurisprudence is incomplete. That narrative focuses initially on how the premises underlying Lochner’s conception of economic freedom were rejected. The Article instead focuses on how the labor movement articulated an alternative conception of freedom that was adopted by Congress, the Executive, and the Supreme Court. While Lochnerism was premised on a negative view of freedom, the labor movement articulated a positive view of freedom and analogized it to republican freedom of association in the political sphere. By reframing the terms …

A Meaningful Floor For "Meaningful Human Control", Rebecca Crootof

Law Faculty Publications

To the extent there is any consensus among States, ban advocates, and ban skeptics regarding the regulation of autonomous weapon systems (AWS), it is grounded in the idea that all weaponry should be subject to "meaningful human control." This "intuitively appealing" principle is immensely popular, and numerous States have explicitly declared their support for it or questioned the lawfulness of weapons that operate without such control. Lack of opposition has led some to conclude that it is either a newly developed customary norm or a preexisting, recently exposed rule of customary international law, already binding on all States.

But this …

War Torts: Accountability For Autonomous Weapons, Rebecca Crootof

Law Faculty Publications

Unlike conventional weapons or remotely operated drones, autonomous weapon systems can independently select and engage targets. As a result, they may take actions that look like war crimes—the sinking of a cruise ship, the destruction of a village, the downing of a passenger jet—without any individual acting intentionally or recklessly. Absent such willful action, no one can be held criminally liable under existing international law.

Criminal law aims to prohibit certain actions, and individual criminal liability allows for the evaluation of whether someone is guilty of a moral wrong. Given that a successful ban on autonomous weapon systems is unlikely …

We Are What We Tax, Mary Louise Fellows, Grace Heinecke, Linda Sugin

Articles

No abstract provided.

A Consequential Justice, Robert Stein

Articles

No abstract provided.

Introduction : Translingual Work., Min-Zhan Lu, Bruce Horner

Faculty and Staff Scholarship

This issue both reflects and builds on the efforts prompted by the 2011 College English essay “Language Difference in Writing: Toward a Translingual Approach,” by Bruce Horner, Min-Zhan Lu, Jacqueline Jones Royster, and John Trimbur. Contributions to this symposium contextualize the emergence of a translingual approach, explore the tension and interconnections between a translingual approach and a variety of fields, and explore the viability of a translingual approach in light of existing academic structures.