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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
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
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
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
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
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
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
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
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
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
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
Oklahoma Law Review
No abstract provided.
The Background Of The Theory Of Discovery, Dieter Dörr
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
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
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
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
Intending To Confuse: Why Preponderance Is The Proper Burden Of Proof For Intentional Trademark Infringements Under The Lanham Act, Kelly Collins
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
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
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
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
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
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
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
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
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
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
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
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
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
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.