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University of Oklahoma College of Law

2014

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Articles 1 - 30 of 32

Full-Text Articles in Law

Dangerous Diagnoses, Risky Assumptions, And The Failed Experiment Of “Sexually Violent Predator” Commitment, Deirdre M. Smith Dec 2014

Dangerous Diagnoses, Risky Assumptions, And The Failed Experiment Of “Sexually Violent Predator” Commitment, Deirdre M. Smith

Oklahoma Law Review

In its 1997 opinion, Kansas v. Hendricks, the U.S. Supreme Court upheld a law that reflected a new model of civil commitment. The targets of this new commitment law were dubbed “Sexually Violent Predators” (SVPs), and the Court upheld indefinite detention of these individuals on the assumption that there is a psychiatrically distinct class of individuals who, unlike typical recidivists, have a mental condition that impairs their ability to refrain from violent sexual behavior. And, more specifically, the Court assumed that the justice system could reliably identify the true “predators,” those for whom this unusual and extraordinary deprivation of liberty …


States Versus Tribes: The Problem Of Multiple Taxation Of Non-Indian Oil And Gas Leases On Indian Reservations, Erin Marie Erhardt Jan 2014

States Versus Tribes: The Problem Of Multiple Taxation Of Non-Indian Oil And Gas Leases On Indian Reservations, Erin Marie Erhardt

American Indian Law Review

No abstract provided.


Agricultural Biotechnology-An Opportunity To Feed A World Of Ten Billion, Drew Kershen, Nina Fedoroff Jan 2014

Agricultural Biotechnology-An Opportunity To Feed A World Of Ten Billion, Drew Kershen, Nina Fedoroff

Drew L. Kershen

No abstract provided.


Knight V. Thompson: The Eleventh Circuit's Perpetuation Of Historical Practices Of Colonization, Randi Dawn Gardner Hardin Jan 2014

Knight V. Thompson: The Eleventh Circuit's Perpetuation Of Historical Practices Of Colonization, Randi Dawn Gardner Hardin

American Indian Law Review

No abstract provided.


Busted Pipes: A Review Of Tarrant Regional Water District V. Herrmann And The Lack Of Direction For Oklahoma And Texas Moving Forward In A Dry Environment, Jordan Lepage Jan 2014

Busted Pipes: A Review Of Tarrant Regional Water District V. Herrmann And The Lack Of Direction For Oklahoma And Texas Moving Forward In A Dry Environment, Jordan Lepage

American Indian Law Review

No abstract provided.


Room For A (Sacred) View? American Indian Tribes Confront Visual Desecration Caused By Wind Energy Projects, Allison M. Dussias Jan 2014

Room For A (Sacred) View? American Indian Tribes Confront Visual Desecration Caused By Wind Energy Projects, Allison M. Dussias

American Indian Law Review

No abstract provided.


Sacred Rain Arrow: Honoring The Native American Heritage Of The States While Balancing The Citizens' Constitutional Rights, Amelia Coates Jan 2014

Sacred Rain Arrow: Honoring The Native American Heritage Of The States While Balancing The Citizens' Constitutional Rights, Amelia Coates

American Indian Law Review

Many states’ histories and traditions are steeped heavily in Native American culture, which explains why tribal imagery and symbolism are prevalent in official state paraphernalia such as license plates, flags, and state seals. Problems arise for states using Native American artwork when a citizen takes offense to the religious implications of Native American depictions, and objects to having it displayed on any number of items. This Comment will examine the likely outcome of cases involving Establishment Clause and compelled speech claims arising from Native American images and propose a solution for balancing the constitutional rights of the citizens while still …


What Is The Gist Of The Mail Fraud Statute?, C.J. Williams Jan 2014

What Is The Gist Of The Mail Fraud Statute?, C.J. Williams

Oklahoma Law Review

No abstract provided.


Big Data Distortions: Exploring The Limits Of The Aba Leatpr Standards, Andrew G. Ferguson Jan 2014

Big Data Distortions: Exploring The Limits Of The Aba Leatpr Standards, Andrew G. Ferguson

Oklahoma Law Review

Before moving on to my contribution about how the growing reliance on big data analytics may necessitate a slight modification to the ABA Standards on Law Enforcement Access to Third Party Records (LEATPR Standards), I would like first to pay a few compliments to the drafters of the LEATPR Standards for producing such a systematic, thoughtful, and elegant framework for considering Fourth Amendment freedoms. As anyone who writes about or teaches the Fourth Amendment knows, the doctrine remains a theoretical muddle. Yet, despite a minefield of conflicting precedent, the drafters of the LEATPR Standards have managed to construct a defensible …


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.


The Aba Standards For Criminal Justice: Law Enforcement Access To Third Party Records: Critical Perspectives From A Technology-Centered Approach To Quantitative Privacy, David C. Gray Jan 2014

The Aba Standards For Criminal Justice: Law Enforcement Access To Third Party Records: Critical Perspectives From A Technology-Centered Approach To Quantitative Privacy, David C. Gray

Oklahoma Law Review

No abstract provided.


The Background Of The Theory Of Discovery, Dieter Dörr Jan 2014

The Background Of The Theory Of Discovery, Dieter Dörr

American Indian Law Review

No abstract provided.


A Dedication To Andrew E. Taslitz: "It's All About The Egyptians," And Maybe Tinkerbell Too, Stephen E. Henderson Jan 2014

A Dedication To Andrew E. Taslitz: "It's All About The Egyptians," And Maybe Tinkerbell Too, Stephen E. Henderson

Oklahoma Law Review

No abstract provided.


Tethered To The Statute: How The Third Circuit’S Narrow Interpretation Of 28 U.S.C. § 1920(4) Will Shape The Future Of Cost-Shifting And E-Discovery For The Better, Jason L. Callaway Jan 2014

Tethered To The Statute: How The Third Circuit’S Narrow Interpretation Of 28 U.S.C. § 1920(4) Will Shape The Future Of Cost-Shifting And E-Discovery For The Better, Jason L. Callaway

Oklahoma Law Review

No abstract provided.


Cause To Believe What? The Importance Of Defining A Search's Object—Or, How The Aba Would Analyze The Nsa Metadata Surveillance Program, Christopher Slobogin Jan 2014

Cause To Believe What? The Importance Of Defining A Search's Object—Or, How The Aba Would Analyze The Nsa Metadata Surveillance Program, Christopher Slobogin

Oklahoma Law Review

Courts and scholars have devoted considerable attention to the definition of probable cause and reasonable suspicion. Since the demise of the “mere evidence rule” in the 1960s, however, they have rarely examined how these central Fourth Amendment concepts interact with the “object” of the search. That is unfortunate, because this interaction can have significant consequences. For instance, probable cause to believe that a search “might lead to evidence of wrongdoing” triggers a very different inquiry than probable cause to believe that a search “will produce evidence of criminal activity.” The failure to address the constraints that should be imposed on …


Ubiquitous Privacy, Thomas P. Crocker Jan 2014

Ubiquitous Privacy, Thomas P. Crocker

Oklahoma Law Review

No abstract provided.


Intending To Confuse: Why Preponderance Is The Proper Burden Of Proof For Intentional Trademark Infringements Under The Lanham Act, Kelly Collins Jan 2014

Intending To Confuse: Why Preponderance Is The Proper Burden Of Proof For Intentional Trademark Infringements Under The Lanham Act, Kelly Collins

Oklahoma Law Review

No abstract provided.


Oklahoma's Indigency Determination Scheme: A Call For Uniformity, Carrie Savage Phillips Jan 2014

Oklahoma's Indigency Determination Scheme: A Call For Uniformity, Carrie Savage Phillips

Oklahoma Law Review

No abstract provided.


Third Party Records Protection On The Model Of Heightened Scrutiny, Marc J. Blitz Jan 2014

Third Party Records Protection On The Model Of Heightened Scrutiny, Marc J. Blitz

Oklahoma Law Review

No abstract provided.


Don't Throw The Baby Out With The Bath Water: The Merits Of The Intermediate Approach To The Securities Litigation Uniform Standards Act, Selby P. Brown Jan 2014

Don't Throw The Baby Out With The Bath Water: The Merits Of The Intermediate Approach To The Securities Litigation Uniform Standards Act, Selby P. Brown

Oklahoma Law Review

No abstract provided.


Foreign Law In American Courts, Eugene Volokh Jan 2014

Foreign Law In American Courts, Eugene Volokh

Oklahoma Law Review

No abstract provided.


Federal Indian Law And Tribal Criminal Justice In The Self-Determination Era, Samuel E. Ennis, Caroline P. Mayhew Jan 2014

Federal Indian Law And Tribal Criminal Justice In The Self-Determination Era, Samuel E. Ennis, Caroline P. Mayhew

American Indian Law Review

No abstract provided.


Picking Up Where Katcoff Left Off: Developing A Framework For A Constitutional Military Chaplaincy, Malcolm H. Wilkerson Jan 2014

Picking Up Where Katcoff Left Off: Developing A Framework For A Constitutional Military Chaplaincy, Malcolm H. Wilkerson

Oklahoma Law Review

Under existing precedent, portions of the military chaplaincy program are unconstitutional. Although presenting at least the appearance of the “establishment” of religion, the military chaplaincy program has never been successfully challenged on constitutional grounds—despite its history of more than two centuries. The only court that has directly confronted the issue upheld the military chaplaincy based on what appears to be a counter-intuitive application of the Free Exercise Clause. Namely, the military chaplaincy program ensures the free exercise rights of service members who, because of their military service, would otherwise be deprived of access to religious services. And indeed, when a …


Rehabilitating Concession Theory, Stefan Padfield Jan 2014

Rehabilitating Concession Theory, Stefan Padfield

Oklahoma Law Review

In Citizens United v. FEC, a 5-4 majority of the Supreme Court ruled that “the Government cannot restrict political speech based on the speaker's corporate identity.” The decision remains controversial, with many arguing that the Court effectively overturned more than 100 years of precedent. I have previously argued that this decision turned on competing conceptions of the corporation, with the majority adopting a contractarian view while the dissent advanced a state concession view. However, the majority opinion was silent on the issue of corporate theory, and the dissent went so far as to expressly disavow any role for corporate …


Recent Developments In Estoppel And Preclusion Doctrines In Consumer Bancruptcy Cases; Volume I Of Ii: Estoppel, K.M. Lewis, Paul M. Lopez Jan 2014

Recent Developments In Estoppel And Preclusion Doctrines In Consumer Bancruptcy Cases; Volume I Of Ii: Estoppel, K.M. Lewis, Paul M. Lopez

Oklahoma Law Review

No abstract provided.


Where Strict Meets Substantial: Oklahoma Standards For The Execution Of A Will, Katheleen R. Guzman Jan 2014

Where Strict Meets Substantial: Oklahoma Standards For The Execution Of A Will, Katheleen R. Guzman

Oklahoma Law Review

No abstract provided.


Save The Wealth! Trust Decanting And Oklahoma, Tara M. Niendorf Jan 2014

Save The Wealth! Trust Decanting And Oklahoma, Tara M. Niendorf

Oklahoma Law Review

No abstract provided.


Our Records Panopticon And The American Bar Association Standards For Criminal Justice, Stephen E. Henderson Jan 2014

Our Records Panopticon And The American Bar Association Standards For Criminal Justice, Stephen E. Henderson

Oklahoma Law Review

“Secrets are lies. Sharing is caring. Privacy is theft.” So concludes the main character in Dave Egger’s novel, The Circle, in which a single company that unites Google, Facebook, and Twitter—and on steroids—has the ambition not only to know, but also to share, all of the world’s information. It is telling that a current dystopian novel features not the government in the first instance, but instead a private third party that, through no act of overt coercion, knows so much about us. This is indeed the greatest risk to privacy in our day, both the unprecedented, massive collection and retention …


Lessons From The Nba Lockout: Union Democracy, Public Support, And The Folly Of The National Basketball Players Association, Matthew Parlow Jan 2014

Lessons From The Nba Lockout: Union Democracy, Public Support, And The Folly Of The National Basketball Players Association, Matthew Parlow

Oklahoma Law Review

By most accounts, the National Basketball Players Association (NBPA)—the union representing the players in the NBA—conceded a significant amount of money and other contractual terms in the new ten year collective bargaining agreement (2011 Agreement) that ended the 2011 NBA lockout. Player concessions were predictable because the NBA’s economic structure desperately needed an overhaul. The magnitude of such concessions, however, was startling. The substantial changes in the division of basketball-related income, contract lengths and amounts, salary cap provisions, and revenue sharing rendered the NBA lockout—and the resulting 2011 Agreement—a near-complete victory for the owners. Several interpretations have been offered to …


The Ada Amendments Act Of 2008: Why The Qualified Individual Analysis Is The New Battleground For Employment Discrimination Suits, Andrew E. Henry Jan 2014

The Ada Amendments Act Of 2008: Why The Qualified Individual Analysis Is The New Battleground For Employment Discrimination Suits, Andrew E. Henry

Oklahoma Law Review

No abstract provided.