Law Commons^™

Once Upon A Transaction: Narrative Techniques And Drafting, Susan M. Chesler, Karen J. Sneddon

Oklahoma Law Review

No abstract provided.

Lies, Damned Lies, And Statistics: The Case To Require “Practical Significance” To Establish A Prima Facie Case Of Disparate Impact Discrimination, Katie Eissenstat

Oklahoma Law Review

No abstract provided.

A Report From The Proportionality Roadshow, Steven Gensler, Lee Rosenthal

Other Faculty Publications

No abstract provided.

Bargain Shopping: Free And Low-Cost Legal Research Options, Kenton S. Brice

Other Faculty Publications

No abstract provided.

The Role Of U.S. Technology Companies As Enforcers Of Europe's New Internet Hate Speech Ban, Evelyn Aswad

Faculty Articles

No abstract provided.

Lawyers, Power, And Strategic Expertise, Colleen Shanahan, Anna Carpenter, Alyx Mark

Faculty Articles

This empirical study analyzes the experience of the parties described above, specifically the power, representation, and strategic expertise they bring to a dispute. Our analysis of these factors clarifies how representation may be a solution to the access to justice crisis. We find that a representative helps most parties most of the time. We also find that the other party’s representation and the representative’s strategic expertise are significant factors for understanding representation for civil litigants. This study analyzes a database of 1,700 unemployment insurance appeals in the District of Columbia over a two-year period, the broadest and deepest collection of …

Transferred Justice: An Empirical Account Of Federal Transfers In The Wake Of Atlantic Marine, Roger Michalski

Faculty Articles

This Article presents empirical findings on motions to transfer in the wake of the Supreme Court's decision in Atlantic Marine Construction Co. Inc. v. United States District Court for the Western District of Texas. Based on an original dataset of roughly 15,500 federal transfers over three years, it traces the evolving patterns of interdistrict transfers and how doctrinal changes affect the flow of cases between districts. These patterns suggest both beneficial and troubling aspects of the federal transfer system. On the beneficial side, transfers do important work in regulating and directing the massive flow of prisoners' rights and habeas corpus …

Dependent Disclaimers, Katheleen Guzman

Faculty Articles

No abstract provided.

Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), Stephen E. Henderson

Faculty Articles

When it comes to criminal investigation, time travel is increasingly possible. Despite longstanding roots in traditional investigation, science is today providing something fundamentally different in the form of remarkably complete digital records. And those big data records not only store our past, but thanks to data mining they are in many circumstances eerily good at predicting our future. So, now that we stand on the threshold of investigatory time travel, how should the Fourth Amendment and legislation respond? How should we approach bulk government capture, such as by a solar-powered drone employing wide-area persistent stare technology? Is it meaningfully different …

Agencies And Science-Experiment Risk, Eric E. Johnson

Faculty Articles

There is a curious absence of legal constraints on U.S. govern­ment agencies undertaking potentially risky scientific research. Some of these activities may present a risk of killing millions or even destroying the planet. Current law leaves it to agencies to decide for themselves whether their activities fall within the bounds of acceptable risk. This Article explores to what extent and under what circumstances the law ought to allow private actions against such non­ regulatory agency endeavors. Engaging with this issue is not only interesting in its own right, it allows us to test fundamental concepts of agency competence and the …

Why Is It Good To Stop At A Red Light_ The Basis Of Authority And Obligation, Brian Mccall

Faculty Articles

Throughout history, some have questioned whether the authority exercised by some over others is consistent with human nature. Is it possible for a law made by one human being to bind the conscience of another, or is such a claim merely tyranny? If such a power to bind to laws made by humans is justified, what is its scope? The answers to these related questions explored in this Article are both descriptive and normative. This Article explains the nature of authority and the extent of the obligation to obey the law as well as explains how the architecture of natural …

I Don’T Believe That Answers Our Question: The Story Of White V. Woodall And How The Supreme Court’S Silence Is Adversely Affecting The Fifth Amendment Privilege, Nathan B. Hall

Oklahoma Law Review

No abstract provided.

The "Director Preference" In Stockholder Litigation, Megan Wischmeier Shaner

Faculty Articles

Stockholders are widely viewed as the owners of and residual claimants to the assets of a corporation. Management of a corporation, by contrast, is entrusted to paid managers – the board of directors and executive officers. To prevent both directors and officers from managing the corporation for their personal benefit without regard to the interests of stockholders, stockholders have the ability to sue for such behavior as a breach of fiduciary duty. But in practice, directors are the primary focus of this type of stockholder litigation while officers are largely ignored – a phenomenon this paper labels the “director preference.” …

Officer Accountability, Megan Wischmeier Shaner

Faculty Articles

The officer is at the center of modern corporate governance. Wielding immense power and influence, officers’ conduct and decision-making can determine the success or failure of their companies and impact the economy more broadly. Fiduciary duties under state law serve as a vital check on officer power. This article is the third piece in a study of the role of fiduciary duties in regulating officer behavior. It examines an underlying premise in prior scholarship – that officers are rarely being held accountable for their conduct in the traditional fiduciary duty litigation context of state court. This article reviews opinions of …

Saving The Farm Or Giving Away The Farm: A Critical Analysis Of The Capital Gains Tax Preferences, Phyllis C. Taite

Faculty Articles

Over the years the topic of capital gain preferences has been thoroughly debated. Discussions range between whether the tax rates on capital gains should be raised, reduced, or repealed. Other discussions have centered on whether capital gains has an effect on the economy, and if so, how the research supports those assertions. It would be difficult to cover all aspects of the issues associated with capital gains taxes in one article; therefore this discussion will focus on capital gains as applied to individual income taxes. The capital gains tax has been criticized for the questionable effect it has on the …

Complying With The Hipaa Privacy Rule: Problems And Perspectives, Stacey A. Tovino

Faculty Articles

Twenty years ago, President Clinton signed the Health Insurance Portability and Accountability Act of 1996 (HIPAA) into law. Over the past two decades, the federal Department of Health and Human Services (HHS) has published several sets of rules implementing the Administrative Simplification provisions within HIPAA as well as the Health Information Technology for Economic and Clinical (HITECH) Act within the American Recovery and Reinvestment Act (ARRA). These rules include a final rule governing the use and disclosure of protected health information by covered entities and their business associates (Privacy Rule). This Article addresses the question of what it means for …

Of Mice And Men: On The Seclusion Of Immigration Detainees And Hospital Patients, Stacey A. Tovino

Faculty Articles

With a special focus on federal provisions strictly regulating Medicare-participating hospitals' use of seclusion, this Article uses developments in health law as a lens through which the uses and abuses of seclusion in immigration detention centers might be assessed and through which the standards governing detention centers might be improved. In particular, this Article argues that the unenforceable standards governing seclusion in immigration detention, including the most recent version of ICE's Performance-Based National Detention Standards, were incorrectly modeled on correctional standards developed for use in jails and prisons with respect to convicted criminals. This Article asserts that correctional standards are …

Same-Sex Marriage Came To Oklahoma: Now What Happens?, Robert G. Spector

Faculty Articles

No abstract provided.

George Zimmerman, Jerry Sandusky, And The Ethics Of Counsel’S Use Of The Media, Wesley M. Oliver, Rebecca L. Silinski

Oklahoma Law Review

The media is both a tool and a temptress for the modern lawyer. With interest in trials increasing, particularly criminal trials, lawyers are frequently invited to become part of the media’s coverage. The media provides lawyers an opportunity to tell their clients’ stories, but it also brings a type of fame to the attorney, which may bias the lawyer’s view of the wisdom of the coverage. The American Bar Association’s (ABA) Model Rules of Professional Conduct (Model Rules) have long recognized that a lawyer’s interest in the literary and media rights to the client’s story potentially compromises the client’s representation. …

Merchant Restraints: Credit-Card-Transaction Surcharging And Interchange-Fee Regulation In The Wake Of Landmark Industry Changes, Samuel J. Merchant

Oklahoma Law Review

No abstract provided.

Rocked By Rocket: Applying Oklahoma’S Mrta To Severed Mineral Interests After Rocket V. Donabar, Jason Hubbert

Oklahoma Law Review

No abstract provided.

Are Intellectually Disabled Individuals Still At Risk Of Capital Punishment After Hall V. Florida? The Need For A Totality-Of-The-Evidence Test To Protect Human Rights In Determining Intellectual Disability, Ruthie Stevens

Oklahoma Law Review

No abstract provided.

What Are Constitutional Rights For? The Case Of The Second Amendment, Christopher J. Peters

Oklahoma Law Review

District of Columbia v. Heller—the Supreme Court’s 2008 Second Amendment decision—was the occasion for a momentous national conversation that never happened. Heller sparked heated debates about the Court’s originalist interpretive methodology, but virtually nobody asked what should have been an obvious question: Even if the Court got the meaning of the Second Amendment right, why should we obey that amendment?

This is the curiously underexplored question of the authority of constitutional rights: Why, indeed whether, we have some obligation to respect those rights even when we disagree with them. The Second Amendment brings that question front and center in …

Belief States In Criminal Law, James A. Macleod

Oklahoma Law Review

Belief-state ascription—determining what someone “knew,” “believed,” was “aware of,” etc.—is central to many areas of law. In criminal law, the distinction between knowledge and recklessness, and the use of broad jury instructions concerning other belief states, presupposes a common and stable understanding of what those belief-state terms mean. But a wealth of empirical work at the intersection of philosophy and psychology—falling under the banner of “Experimental Epistemology”—reveals how laypeople’s understandings of mens rea concepts differ systematically from what scholars, courts, and perhaps legislators, have assumed.

As implemented, mens rea concepts are much more context-dependent and normatively evaluative than the conventional …

“Big Data” And The Risk Of Employment Discrimination, Allan G. King, Marko Mrkonich

Oklahoma Law Review

No abstract provided.

Live And Let Die: The Consequences Of Oklahoma’S Nondiscrimination In Treatment Act, Kendra Norman

Oklahoma Law Review

No abstract provided.

Bosh And The Constitutional Cause Of Action: The Corridor To Civil Liberties, Nick Coffey

Oklahoma Law Review

No abstract provided.

Essay: The Inter Vivos Branch Of The Worthier Title Doctrine, Joseph W. Morris

Oklahoma Law Review

No abstract provided.

Blackhawk Down Or Blackhorse Down? The Lanham Act’S Prohibition Of Trademarks That “May Disparage” & The First Amendment, Russ Versteeg

Oklahoma Law Review

No abstract provided.

Response: Worthier For Whom?, Katheleen Guzman

Oklahoma Law Review

No abstract provided.