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Articles 121 - 150 of 11866
Full-Text Articles in Law
Remediating Public Health Crises Through Litigation: Lessons From Oklahoma In The Tobacco And Opioid Epidemic Litigations, Caroline Beckworth
Remediating Public Health Crises Through Litigation: Lessons From Oklahoma In The Tobacco And Opioid Epidemic Litigations, Caroline Beckworth
Oklahoma Law Review
No abstract provided.
Understanding Free Speech Values At The Supreme Court, Noah C. Chauvin
Understanding Free Speech Values At The Supreme Court, Noah C. Chauvin
Faculty Articles
This essay is a book review of The Supreme Court and the Philosopher: How John Stuart Mill Shaped US Free Speech Protections, by Professors Eric Kasper and Troy Kozma. The book argues that John Stuart Mill had an indelible impact on the Supreme Court's free speech jurisprudence, and that through the power of precedent, we have come to have a "Millian "First Amendment. As I explain in the review, Kasper and Kozma have made a compelling case. However, because Mill offered an expansive defense of freedom of expression, it is not enough to say that the Court's free speech jurisprudence …
The Warrant Exception That Isn't: Fisa Section 702, "Defensive" Searches, And The Fourth Amendment, Noah C. Chauvin
The Warrant Exception That Isn't: Fisa Section 702, "Defensive" Searches, And The Fourth Amendment, Noah C. Chauvin
Faculty Articles
Section 702 of the Foreign Intelligence Surveillance Act allows the government to conduct warrantless electronic surveillance of non-Americans who are located overseas. Although the surveillance targets foreigners, Americans' communications are "incidentally" collected, too. Once the government has acquired Americans' communications, court-approved rules allow it to conduct warrantless searches for and through them in its Section 702 databases. Intelligence agencies have used these rules to turn this foreign intelligence program into a domestic spying tool, conducting tens of thousands of warrantless "backdoor" searches for Americans' private communications obtained under Section 702 every year.
Section 702 periodically sunsets; Congress most recently reauthorized …
Dialing In Or Dialing Out? The Relationships Between State Telemedicine Law And Access To Buprenorphine, Stacey A. Tovino
Dialing In Or Dialing Out? The Relationships Between State Telemedicine Law And Access To Buprenorphine, Stacey A. Tovino
Faculty Articles
This Article begins by reporting the results of a comprehensive 50-state survey assessing state laws and other state sources governing the telemedicine induction (“tele-induction”) and subsequent telemedicine prescription (“tele-prescription”) of buprenorphine for the treatment of opioid use disorder (“OUD”) following the expiration of the COVID-19 public health emergency (“PHE”). Original, concrete findings include: (1) the glaring patchwork of state law governing the tele-induction and subsequent tele-prescription of buprenorphine for the treatment of OUD in the United States; (2) the variety of primary authorities and secondary sources that house relevant permissions, prohibitions, and affiliated requirements; (3) the number of primary authorities …
Corporeal Property And The Limits Of Nagpra, M. Alexander Pearl
Corporeal Property And The Limits Of Nagpra, M. Alexander Pearl
Faculty Articles
No abstract provided.
Shareholder Activism & Unconstitutionally Compelled Speech, Steven J. Cleveland
Shareholder Activism & Unconstitutionally Compelled Speech, Steven J. Cleveland
Faculty Articles
No abstract provided.
Subsurface Trespass In The Restatement (Fourth) Of Property: An Appraisal And Alternative Account, Joseph A. Schremmer
Subsurface Trespass In The Restatement (Fourth) Of Property: An Appraisal And Alternative Account, Joseph A. Schremmer
Faculty Articles
Building on the scholarly work of leading property theorists Henry Smith and Thomas Merrill, the recently approved Fourth Tentative Draft of the Restatement (Fourth) of Property prescribes treating all entries below ground as ordinary trespasses. That includes entries in the shallow subsurface by building foundations and utility lines, as well as invasions in the deep subsurface by mining shafts, oil and gas wells, and substances injected for disposal and storage. The Restatement comes at an important time in the development of subsurface trespass law, as developers, courts, and policymakers grapple with the growing use of subsurface technologies for horizontal drilling, …
Editing Legal Scholarship, Michael L. Smith
Editing Legal Scholarship, Michael L. Smith
Faculty Articles
A consistent byproduct of American legal scholarship is legal scholars' relentless complaints about the system. Most critics overreact to the existence of student editors and the occasional rough edit, demanding that we burn the whole thing down. I suggest a less dramatic response by identifying several editorial tendencies that are consistently more trouble than they're worth and suggesting that reforms begin there. I begin with the text of the Bluebook, which supports a turn away from explanatory parenthetical overuse and the automatic et al.-ing of multi-author sources. I then turn to editors' overreliance on their journal style guides, urging the …
The 340b Drug Pricing Program: Administration, Litigation, And Reform, Ryan P. Knox, Ameet Sarpatwari
The 340b Drug Pricing Program: Administration, Litigation, And Reform, Ryan P. Knox, Ameet Sarpatwari
Oklahoma Law Review
No abstract provided.
First Amendment Rights On Trial: A Critique Of The Time, Place, And Manner Doctrine, Alec Greven
First Amendment Rights On Trial: A Critique Of The Time, Place, And Manner Doctrine, Alec Greven
Oklahoma Law Review
No abstract provided.
Modularity, Licensing, And The Nrc, Tara Righetti, Madeleine Lewis
Modularity, Licensing, And The Nrc, Tara Righetti, Madeleine Lewis
Oklahoma Law Review
No abstract provided.
A Spoonful Of Sugar Won’T Help This Medicine Go Down: The Inflation Reduction Act’S Failure To Address Pharmaceutical Evergreening, Megan E.A. Davis
A Spoonful Of Sugar Won’T Help This Medicine Go Down: The Inflation Reduction Act’S Failure To Address Pharmaceutical Evergreening, Megan E.A. Davis
Oklahoma Law Review
No abstract provided.
A Legal Black Hole: Private Entities Mining Extraterrestrial Resources, Devin Lynn Doutaz
A Legal Black Hole: Private Entities Mining Extraterrestrial Resources, Devin Lynn Doutaz
Oklahoma Law Review
No abstract provided.
The Kids Aren’T Alright: Creating Greater Protections For The Children Of Family Vloggers, Annie Dunn
The Kids Aren’T Alright: Creating Greater Protections For The Children Of Family Vloggers, Annie Dunn
Oklahoma Law Review
No abstract provided.
Baseball And Age Discrimination: Experience Matters, Chad Marzen, Michael Conklin
Baseball And Age Discrimination: Experience Matters, Chad Marzen, Michael Conklin
Oklahoma Law Review
No abstract provided.
Only Mostly Dead: How The Irreparable Injury Rule Can Protect The Jury Trial Right For Claims In Restitution, Layne Keele
Only Mostly Dead: How The Irreparable Injury Rule Can Protect The Jury Trial Right For Claims In Restitution, Layne Keele
Oklahoma Law Review
No abstract provided.
A Clash Of The Clauses: The Constitutionality Of The Nation’S First Public, Religious Charter School, Alisha Camacho Clegg
A Clash Of The Clauses: The Constitutionality Of The Nation’S First Public, Religious Charter School, Alisha Camacho Clegg
Oklahoma Law Review
No abstract provided.
Byte By Byte: Breaking Down The Third-Party Doctrine And Reproductive Health Apps After Dobbs, Travis Handler
Byte By Byte: Breaking Down The Third-Party Doctrine And Reproductive Health Apps After Dobbs, Travis Handler
Oklahoma Law Review
No abstract provided.
Innocent Until Proven Newsworthy: Reviving The Tort Of Publication Of Private Facts In The Media Ride-Along Era, Hanna Doudican
Innocent Until Proven Newsworthy: Reviving The Tort Of Publication Of Private Facts In The Media Ride-Along Era, Hanna Doudican
Oklahoma Law Review
No abstract provided.
When Should Training An Ai Model Prevail Against Copyright Infringement?, Jeffrey Greenbaum
When Should Training An Ai Model Prevail Against Copyright Infringement?, Jeffrey Greenbaum
Oklahoma Law Review
No abstract provided.
Charter Schools And State Action: An Analysis Through The Lens Of Agency Law, S. Ernie Walton
Charter Schools And State Action: An Analysis Through The Lens Of Agency Law, S. Ernie Walton
Oklahoma Law Review
No abstract provided.
If Memory Serves: Navigating Cognitive Impairment Within Congress, Gracemary R. Zizzo
If Memory Serves: Navigating Cognitive Impairment Within Congress, Gracemary R. Zizzo
Oklahoma Law Review
No abstract provided.
Strategies For Unsecured Creditors To Mitigate The Pro-Debtor Policies Of Subchapter V And Suggestions For Changes To The Bankruptcy Code, Micah Mays
Oklahoma Law Review
No abstract provided.
Pro And Con Choice? Moral Equality, Neutrality, And Abortion Pill "Reversal", Melissa Ballengee Alexander
Pro And Con Choice? Moral Equality, Neutrality, And Abortion Pill "Reversal", Melissa Ballengee Alexander
Oklahoma Law Review
No abstract provided.
Bridging The Rural Telehealth Divide, Deborah R. Farringer
Bridging The Rural Telehealth Divide, Deborah R. Farringer
Oklahoma Law Review
No abstract provided.
Putting The “Social” Into Social Determinants Of Health: Why Policymaking For Improving Health Must Tackle Social Isolation And Loneliness, Laura C. Hoffman
Putting The “Social” Into Social Determinants Of Health: Why Policymaking For Improving Health Must Tackle Social Isolation And Loneliness, Laura C. Hoffman
Oklahoma Law Review
No abstract provided.
Should Clients Have A Right To Know What Their Lawyer Believes?, Melissa D. Mortazavi
Should Clients Have A Right To Know What Their Lawyer Believes?, Melissa D. Mortazavi
Oklahoma Law Review
No abstract provided.
Evaluating The Evaluators: The Role Of Benchmarks In Legal Ai, Jonathan A. Franklin, Sean Harrington, Christine Hye Won Park
Evaluating The Evaluators: The Role Of Benchmarks In Legal Ai, Jonathan A. Franklin, Sean Harrington, Christine Hye Won Park
Other Faculty Publications
No abstract provided.
Institutions And Economic Development, Ezra Rosser
Institutions And Economic Development, Ezra Rosser
American Indian Law Review
No abstract provided.