Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 27 of 27

Full-Text Articles in Law

Necessary Necessity: Courts’ Historical Assessment Of The Condition Precedent For Martial Law, Eric Merriam Jan 2023

Necessary Necessity: Courts’ Historical Assessment Of The Condition Precedent For Martial Law, Eric Merriam

Oklahoma Law Review

No abstract provided.


Pleadings In A Pandemic: The Role, Regulation, And Redesign Of Eviction Court Documents, Daniel W. Bernal Jan 2021

Pleadings In A Pandemic: The Role, Regulation, And Redesign Of Eviction Court Documents, Daniel W. Bernal

Oklahoma Law Review

No abstract provided.


“Importing” Restrictions From One Federal Rule Of Evidence Provision To Another: The Limits Of Legitimate Contextual Interpretation In The Age Of Statutes, Edward J. Imwinkelried Jan 2020

“Importing” Restrictions From One Federal Rule Of Evidence Provision To Another: The Limits Of Legitimate Contextual Interpretation In The Age Of Statutes, Edward J. Imwinkelried

Oklahoma Law Review

No abstract provided.


New Prime Inc. V. Oliveira: Putting The Wheels Back On The Faa’S Section 1 Exemption For Transportation Workers, Reed C. Trechter Jan 2020

New Prime Inc. V. Oliveira: Putting The Wheels Back On The Faa’S Section 1 Exemption For Transportation Workers, Reed C. Trechter

Oklahoma Law Review

No abstract provided.


Citing Sisters: A Study Of The Oklahoma Appellate Courts, Lee F. Peoples Jan 2020

Citing Sisters: A Study Of The Oklahoma Appellate Courts, Lee F. Peoples

Oklahoma Law Review

No abstract provided.


Trust The Process: Understanding Procedural Standing Under Spokeo, Jon Romberg Jan 2020

Trust The Process: Understanding Procedural Standing Under Spokeo, Jon Romberg

Oklahoma Law Review

No abstract provided.


Inefficient Litigation Over Forum: The Unintended Consequence Of The Jvca’S “Bad Faith” Exception To The Bar On Removal Of Diversity Cases After One Year, E. Farish Percy Jan 2019

Inefficient Litigation Over Forum: The Unintended Consequence Of The Jvca’S “Bad Faith” Exception To The Bar On Removal Of Diversity Cases After One Year, E. Farish Percy

Oklahoma Law Review

No abstract provided.


The Disappointing History Of Science In The Courtroom: Frye, Daubert, And The Ongoing Crisis Of “Junk Science” In Criminal Trials, Jim Hilbert Jan 2019

The Disappointing History Of Science In The Courtroom: Frye, Daubert, And The Ongoing Crisis Of “Junk Science” In Criminal Trials, Jim Hilbert

Oklahoma Law Review

No abstract provided.


Combating Prosecutorial Misconduct In Closing Arguments, Michael D. Cicchini Jan 2018

Combating Prosecutorial Misconduct In Closing Arguments, Michael D. Cicchini

Oklahoma Law Review

No abstract provided.


Adaptation Nation: Three Pivotal Transitions In American Law & Society Since 1886, Mariano-Florentino Cuéllar Jan 2018

Adaptation Nation: Three Pivotal Transitions In American Law & Society Since 1886, Mariano-Florentino Cuéllar

Oklahoma Law Review

No abstract provided.


Waiver, Work Product, And Worry: A Case For Clarifying The Waiver Doctrine In Oklahoma, Mitchell B. Bryant Jan 2018

Waiver, Work Product, And Worry: A Case For Clarifying The Waiver Doctrine In Oklahoma, Mitchell B. Bryant

Oklahoma Law Review

No abstract provided.


Religious Law (Especially Islamic Law) In American Courts, Eugene Volokh Jan 2014

Religious Law (Especially Islamic Law) In American Courts, Eugene Volokh

Oklahoma Law Review

No abstract provided.


Achieving Fundamental Fairness For Oklahoma's Juveniles: The Role For Competency In Juvenile Proceedings, Mary Sue Backus Jan 2012

Achieving Fundamental Fairness For Oklahoma's Juveniles: The Role For Competency In Juvenile Proceedings, Mary Sue Backus

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 Jan 2012

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 …


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 Jan 2012

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.


The Admissibility Of Eyewitness-Identification Expert Testimony In Oklahoma, Sean S. Hunt Jan 2011

The Admissibility Of Eyewitness-Identification Expert Testimony In Oklahoma, Sean S. Hunt

Oklahoma Law Review

No abstract provided.


Statutory Standing And The Tyranny Of Labels, Radha A. Pathak Jan 2009

Statutory Standing And The Tyranny Of Labels, Radha A. Pathak

Oklahoma Law Review

Constitutional and prudential standing doctrines have received an abundance of scholarly consideration. Statutory standing, in contrast, has remained largely unexplored. The Supreme Court’s use of the term is relatively consistent and unobjectionable, but the meaning that many lower courts ascribe to it is anything but innocuous. This article develops a conceptual framework for understanding the different ways in which different courts conceive of statutory standing. Using the Employee Retirement Income Security Act of 1974 (“ERISA”) as a paradigmatic example, it attempts to illustrate the pernicious effects that often result from common misconceptions of statutory standing in disputes involving purely private …


Toward A Theory Of Persuasive Authority, Chad W. Flanders Jan 2009

Toward A Theory Of Persuasive Authority, Chad W. Flanders

Oklahoma Law Review

No abstract provided.


The Revolution Of 1938 And Its Discontents, Rex R. Perschbacher, Deborah Bassett Jan 2008

The Revolution Of 1938 And Its Discontents, Rex R. Perschbacher, Deborah Bassett

Oklahoma Law Review

No abstract provided.


Danforth, Retroactivity, And Federalism, J. Thomas Sullivan Jan 2008

Danforth, Retroactivity, And Federalism, J. Thomas Sullivan

Oklahoma Law Review

No abstract provided.


Justness! Speed! Inexpense! An Introduction To The Revolution Of 1938 Revisited: The Role And Future Of The Federal Rules, Steven S. Gensler Jan 2008

Justness! Speed! Inexpense! An Introduction To The Revolution Of 1938 Revisited: The Role And Future Of The Federal Rules, Steven S. Gensler

Oklahoma Law Review

No abstract provided.


Making Effective Rules: The Need For Procedure Theory, Robert G. Bone Jan 2008

Making Effective Rules: The Need For Procedure Theory, Robert G. Bone

Oklahoma Law Review

No abstract provided.


Not Dead Yet, Richard L. Marcus Jan 2008

Not Dead Yet, Richard L. Marcus

Oklahoma Law Review

No abstract provided.


A Primer On The Doctrine Of Federal Sovereign Immunity, Gregory C. Sisk Jan 2005

A Primer On The Doctrine Of Federal Sovereign Immunity, Gregory C. Sisk

Oklahoma Law Review

No abstract provided.


A Great Writ Reduced: Why The Tenth Circuit’S Interpretation Of Congressional Intent And Supreme Court Precedent Portends Defeat For State Prisoners Seeking Federal Habeas Corpus Relief, Elizabeth J. Barnett Jan 2005

A Great Writ Reduced: Why The Tenth Circuit’S Interpretation Of Congressional Intent And Supreme Court Precedent Portends Defeat For State Prisoners Seeking Federal Habeas Corpus Relief, Elizabeth J. Barnett

Oklahoma Law Review

No abstract provided.


Legislating New Federalism: The Call For Grand Jury Reform In The States, John F. Decker Jan 2005

Legislating New Federalism: The Call For Grand Jury Reform In The States, John F. Decker

Oklahoma Law Review

No abstract provided.


Original Jurisdiction Actions As A Remedy For Oklahoma's Decision Deficit, Bradley W. Welsh Jan 2004

Original Jurisdiction Actions As A Remedy For Oklahoma's Decision Deficit, Bradley W. Welsh

Oklahoma Law Review

No abstract provided.