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Articles 1201 - 1230 of 11890
Full-Text Articles in Law
Tribal Sovereignty And The Recognition Power, Lance F. Sorenson
Tribal Sovereignty And The Recognition Power, Lance F. Sorenson
American Indian Law Review
No abstract provided.
Twenty-Five Years Later: The Amendments To The National Historic Preservation Act And Tribal Consultation, Brody Hinds
Twenty-Five Years Later: The Amendments To The National Historic Preservation Act And Tribal Consultation, Brody Hinds
American Indian Law Review
No abstract provided.
Foreign-Trade Zones In Indian County: Is A Foreign-Trade Zone Right For Your Tribe?, Jacob Laughlin
Foreign-Trade Zones In Indian County: Is A Foreign-Trade Zone Right For Your Tribe?, Jacob Laughlin
American Indian Law Review
No abstract provided.
A License To Infringe: The Tenth Circuit’S Reliance On The Reasonable Observer Test To Determine Symbolic Speech Protection Of License Plates, Hayley Ray Scott
A License To Infringe: The Tenth Circuit’S Reliance On The Reasonable Observer Test To Determine Symbolic Speech Protection Of License Plates, Hayley Ray Scott
Oklahoma Law Review
No abstract provided.
Corporate Transparency And The First Amendment: Compelled Disclosures In The Wake Of National Association Of Manufacturers V. Sec, Emma Land
Oklahoma Law Review
No abstract provided.
Comity, Finality, And Oklahoma’S Lethal Injection Protocol, Jon Yorke
Comity, Finality, And Oklahoma’S Lethal Injection Protocol, Jon Yorke
Oklahoma Law Review
No abstract provided.
Whose Phone Line Is It Anyway: A Prosecutor’S Guide To Navigating The Evidentiary Gold Mine Of Prison Phone Calls, Laura M. Cochran
Whose Phone Line Is It Anyway: A Prosecutor’S Guide To Navigating The Evidentiary Gold Mine Of Prison Phone Calls, Laura M. Cochran
Oklahoma Law Review
No abstract provided.
Objections To Disclosure Settlements: A How-To Guide, Sean J. Griffith, Anthony A. Rickey
Objections To Disclosure Settlements: A How-To Guide, Sean J. Griffith, Anthony A. Rickey
Oklahoma Law Review
No abstract provided.
That's A Wrap! Examining The Enforceability Of Electronic Agreements, Emilie Blanchard Wedman, Timila S. Rother
That's A Wrap! Examining The Enforceability Of Electronic Agreements, Emilie Blanchard Wedman, Timila S. Rother
Other Faculty Publications
No abstract provided.
Assessing The Viability Of Race-Neutral Alternatives In Law School Admissions, Eboni Nelson, Ronald Pitner, Carla Pratt
Assessing The Viability Of Race-Neutral Alternatives In Law School Admissions, Eboni Nelson, Ronald Pitner, Carla Pratt
Faculty Articles
The past several years have been challenging times for law schools. Many have experienced declines in student enrollment due to a shrinking applicant pool. The declining number of applicants presents increased challenges for law schools, particularly concerning their efforts to educate students in racially diverse learning environments. In light of recent challenges to the constitutionality of race-conscious affirmative action, it is imperative to engage in a project, such as this, that examines the relationship between racial categories and race-neutral identity factors in law school admissions. Understanding the relationship between racial groups and certain race-neutral identity factors will help law schools …
Trial And Error: Lawyers And Nonlawyer Advocates, Anna Carpenter, Alyx Mark, Colleen Shanahan
Trial And Error: Lawyers And Nonlawyer Advocates, Anna Carpenter, Alyx Mark, Colleen Shanahan
Faculty Articles
Nonlawyer advocates are one proposed solution to the access to justice crisis and are currently permitted to practice in some civil justice settings. Theory and research suggest nonlawyers might be effective in some civil justice settings, yet we know very little, empirically, about nonlawyer practice in the United States. Using data from more than 5,000 unemployment insurance appeal hearings and interviews with lawyers and nonlawyers, this article explores how both types of representatives learn to do their work and what this means for their effectiveness. Building on recent research regarding the importance of procedural knowledge and relational expertise as elements …
Active Judging And Access To Justice, Anna Carpenter
Active Judging And Access To Justice, Anna Carpenter
Faculty Articles
"Being a good judge in this environment means unlearning what you learned in law school about what a judge is supposed to do. Fairness is doing things a federal judge would never do.” Active judging, where judges step away from the traditional, passive role to assist those without counsel, is a central feature of recent proposals aimed at solving the pro se crisis in America’s state civil courts. Despite growing support for active judging as an access to justice intervention, we know little, empirically, about how judges interact with pro se parties as a general matter, and even less about …
Qualitative Diversity: Affirmative Action's New Reframe, Eang Ngov
Qualitative Diversity: Affirmative Action's New Reframe, Eang Ngov
Faculty Articles
No abstract provided.
Twombly And Iqbal At The State Level, Roger Michalski, Abby Wood
Twombly And Iqbal At The State Level, Roger Michalski, Abby Wood
Faculty Articles
This article contributes to the empirical literature on pleading standards by studying the effect of Twombly and Iqbal at the state level. States account for the majority of civil litigation, yet they are understudied doctrinally and empirically. When we consider pleading at the state level, we can leverage differences across space and time in a way that is impossible with studies of federal courts. Using an array of principled empirical approaches on the best available data, we find no evidence that raising pleading standards affected plaintiff behavior. We observe no decrease in filings and no significant change in complaint length, …
Breaking The Boilerplate Habit In Civil Discovery, Steven S. Gensler, Lee Rosenthal
Breaking The Boilerplate Habit In Civil Discovery, Steven S. Gensler, Lee Rosenthal
Faculty Articles
No abstract provided.
Daredevil: Legal (And Moral?) Vigilante, Stephen E. Henderson
Daredevil: Legal (And Moral?) Vigilante, Stephen E. Henderson
Faculty Articles
In 1964, the comic world was introduced to its first physically disabled practicing attorney: Matt Murdock. Initially a proud graduate of "State College" and later more impressively pedigreed as a graduate of either Columbia or Harvard Law, Murdock supplemented his day job as attorney with a side of vigilante justice as Daredevil. In 2003, Murdock became the only attorney superhero to appear as the title character in a movie. A truly awful movie, yes, but a movie all the same. And then in 2015, thanks to the talents of Drew Goddard, Murdock became the star of a terrific television series. …
Disentangling The Right Of Publicity, Eric E. Johnson
Disentangling The Right Of Publicity, Eric E. Johnson
Faculty Articles
Despite the increasing importance attached to the right of publicity, its doctrinal scope has yet to be clearly articulated. The right of publicity supposedly allows a cause of action for the commercial exploitation of a person's name, voice, or image. The inconvenient reality, however, is that only a tiny fraction of such instances are truly actionable. This Article tackles the mismatch between the blackletter doctrine and the shape of the case law, and it aims to elucidate, in straightforward terms, what the right of publicity actually is. This Article explains how, in the absence of a clear enunciation of its …
Rulemaking Ex Machina, Melissa Mortazavi
Rulemaking Ex Machina, Melissa Mortazavi
Faculty Articles
Emerging technologies promise to expedite administrative rulemaking by analyzing public input through computerized natural language rather than clunky, old human brains. Moving far beyond software that keyword searches and deduplicates content, natural language processing (as a type of predictive coding) employs artificial intelligence that adapts and modulates depending on inputs, rendering it fluid and dynamic. With the current concerted push to streamline agencies, the question of how and when to use automation in rulemaking will likely be decided in the next year. Considering that recently, a single proposed rule garnered over 3.7 million public comments, mechanisms that can make comprehending …
Closing Time: Removing The State Of Oklahoma From Alcohol Regulation In Indian Country, Ryan Wilson
Closing Time: Removing The State Of Oklahoma From Alcohol Regulation In Indian Country, Ryan Wilson
Oklahoma Law Review
No abstract provided.
Reevaluating Shareholder Voting Rights In M&A Transactions, Afra Afsharipour
Reevaluating Shareholder Voting Rights In M&A Transactions, Afra Afsharipour
Oklahoma Law Review
No abstract provided.
The Limits Of The Right To Sell And The Rise Of Federal Corporate Law, James J. Park
The Limits Of The Right To Sell And The Rise Of Federal Corporate Law, James J. Park
Oklahoma Law Review
No abstract provided.
Shareholder Voting In Proxy Contests For Corporate Control, Uncontested Director Elections And Management Proposals: A Review Of The Empirical Literature, Randall S. Thomas, Patrick C. Tricker
Shareholder Voting In Proxy Contests For Corporate Control, Uncontested Director Elections And Management Proposals: A Review Of The Empirical Literature, Randall S. Thomas, Patrick C. Tricker
Oklahoma Law Review
No abstract provided.
Law School Clinic And Community Legal Services Providers Collaborate To Advance The Remedy Of Implied Warranty Of Habitability In Missouri, Karen Tokarz, Zachary Schmook
Law School Clinic And Community Legal Services Providers Collaborate To Advance The Remedy Of Implied Warranty Of Habitability In Missouri, Karen Tokarz, Zachary Schmook
Faculty Articles
Missouri tenants have few defenses to uninhabitable housing conditions. In a statistical study conducted by the Washington University Civil Rights & Community Justice Clinic and the Metropolitan Saint Louis Equal Housing & Opportunity Council, which encompassed 6,369 landlord-tenant cases from the 2012 calendar year, only two cases (0.03%) resulted in a judgment in favor of the tenant, while 4,934 cases (77.5%) resulted in judgments in favor of the landlord, with the remaining cases being dismissed without a judgment. These findings suggest that unrepresented low-income tenants seeking to raise defenses in rent and possession and eviction cases in the Missouri state …
Disparities In Private Health Insurance Coverage Of Skilled Care, Stacey A. Tovino
Disparities In Private Health Insurance Coverage Of Skilled Care, Stacey A. Tovino
Faculty Articles
This article compares and contrasts public and private health insurance coverage of skilled medical rehabilitation, including cognitive rehabilitation, physical therapy, occupational therapy, speech-language pathology, and skilled nursing services (collectively, skilled care). As background, prior scholars writing in this area have focused on Medicare coverage of skilled care and have challenged coverage determinations limiting Medicare coverage to beneficiaries who are able to demonstrate improvement in their conditions within a specific period of time (the Improvement Standard). By and large, these scholars have applauded the settlement agreement approved on 24 January 2013, by the U.S. District Court for the District of Vermont …
The Hipaa Privacy Rule And The Eu Gdpr: Illustrative Comparisons, Stacey A. Tovino
The Hipaa Privacy Rule And The Eu Gdpr: Illustrative Comparisons, Stacey A. Tovino
Faculty Articles
In this Article, Professor Tovino compares and contrasts three illustrative concepts and rights in the Privacy Rule and/or the GDPR, including the concepts of authorization and consent, the rights of amendment and rectification, and the right to erasure. Identified similarities reflect the core values of HHS and the EU with respect to maintaining the confidentiality and privacy of personal data and protected health information, respectively. Identified differences reflect the Privacy Rule's original, narrow focus on health industry participants and individually identifiable health information compared to the GDPR's broad focus on data controllers and personal data. Other differences reflect, perhaps, the …
The Fairness Of Tribal Court Juries And Non-Indian Defendants, Julia M. Bedell
The Fairness Of Tribal Court Juries And Non-Indian Defendants, Julia M. Bedell
American Indian Law Review
No abstract provided.
Access To Energy In Indian Country: The Difficulties Of Self-Determination In Renewable Energy Development, Nicholas M. Ravotti
Access To Energy In Indian Country: The Difficulties Of Self-Determination In Renewable Energy Development, Nicholas M. Ravotti
American Indian Law Review
No abstract provided.
States And Their American Indian Citizens, Matthew L.M. Fletcher
States And Their American Indian Citizens, Matthew L.M. Fletcher
American Indian Law Review
No abstract provided.
The Tribal Labor Sovereignty Act: Do Indian Tribes Finally Hold A Trump Card?, Vicki J. Limas
The Tribal Labor Sovereignty Act: Do Indian Tribes Finally Hold A Trump Card?, Vicki J. Limas
American Indian Law Review
No abstract provided.
Continuing To Work For Indian Country In The 115th Congress, T. Michael Andrews
Continuing To Work For Indian Country In The 115th Congress, T. Michael Andrews
American Indian Law Review
No abstract provided.