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Articles 1441 - 1470 of 11890
Full-Text Articles in Law
Posnerian Hearsay: Slaying The Discretion Dragon, Liesa L. Richter
Posnerian Hearsay: Slaying The Discretion Dragon, Liesa L. Richter
Faculty Articles
Distinguished jurist and scholar, Judge Richard Posner of the U.S. Court of Appeals for the Seventh Circuit penned a concurrence in United States v. Boyce, 742 F.3d 792 (7th Cir. 2014), in which he launched a scathing attack on the scheme of categorical hearsay exceptions embodied in the Federal Rules of Evidence. After characterizing the existing hearsay regime as bad “folk psychology,” Judge Posner called for the repeal of categorical hearsay exceptions in favor of case-by-case determinations about the “reliability” of particular hearsay statements by trial judges. Prior to adoption of the Federal Rules, evidence experts debated whether a …
Regulating Drones Under The First And Fourth Amendments, Marc Blitz, James Grimsley, Stephen E. Henderson, Joseph Thai
Regulating Drones Under The First And Fourth Amendments, Marc Blitz, James Grimsley, Stephen E. Henderson, Joseph Thai
Faculty Articles
The FAA Modernization and Reform Act of 2012 requires the Federal Aviation Administration to integrate unmanned aerial vehicles (UAVs), or drones, into the national airspace system by September of this year. Yet perhaps because of their chilling accuracy in targeted killings abroad, perhaps because of an increasing consciousness of diminishing privacy more generally, and perhaps simply because of a fear of the unknown, divergent UAV-restrictive legislation has been proposed in Congress and enacted in a number of states. Ultimately, given UAV utility and cost effectiveness over a vast range of tasks, widespread commercial use seems certain. So it is imperative …
Chae Chan Ping At 125: An Introduction, Kit Johnson
Chae Chan Ping At 125: An Introduction, Kit Johnson
Faculty Articles
In 2014, the University of Oklahoma College of Law held a symposium to mark the 125th anniversary of the U.S. Supreme Court opinion in Chae Chan Ping v. United States, 130 U.S. 581 (1889), also known as the Chinese Exclusion Case. Chae Chan Ping was a Chinese migrant who had lived in the United States for 12 years before he left the country, which he did only after obtaining legal permission to return. While Chae Chan Ping was at sea on his way back to the United States, Congress passed a law revoking reentry certificates for Chinese migrants, and Chae …
Welcome To The Village: An Analysis Of How St. Louis County Occupancy Permit Schemes Perpetuate Segregation And Violate The Constitution, Zachary Schmook, Lauren Verseman
Welcome To The Village: An Analysis Of How St. Louis County Occupancy Permit Schemes Perpetuate Segregation And Violate The Constitution, Zachary Schmook, Lauren Verseman
Faculty Articles
In the wake of the shooting of Michael Brown in August 2014 and the events that followed in Ferguson, national attention turned to the several ways St. Louis County’s balkanized municipal governments create policies and conditions that target poor residents and perpetuate racial segregation in the region. One such set of municipal policies involves occupancy permits: many municipalities in St. Louis County require both tenants and owners of residential properties to obtain new occupancy permits upon each change in the individuals occupying the residence. Even as the State of Missouri takes action to address some of the abuses by limiting …
Will Neuroscience Redefine Mental Injury?: Disability Benefit Law, Mental Health Parity Law, And Disability Discrimination Law, Stacey A. Tovino
Will Neuroscience Redefine Mental Injury?: Disability Benefit Law, Mental Health Parity Law, And Disability Discrimination Law, Stacey A. Tovino
Faculty Articles
No abstract provided.
The Role Of Religion In Constitutions Emerging From Arab Spring Revolutions, Evelyn Aswad
The Role Of Religion In Constitutions Emerging From Arab Spring Revolutions, Evelyn Aswad
Faculty Articles
No abstract provided.
Panel 4: Translational Expectations And Issues: Making It Work In Practice, Stacey A. Tovino
Panel 4: Translational Expectations And Issues: Making It Work In Practice, Stacey A. Tovino
Other Faculty Publications
No abstract provided.
“Play Or Pay”: Interpreting The Employer Mandate Of The Patient Protection And Affordable Care Act As It Relates To Tribal Employers, Rachel Sibila
“Play Or Pay”: Interpreting The Employer Mandate Of The Patient Protection And Affordable Care Act As It Relates To Tribal Employers, Rachel Sibila
American Indian Law Review
No abstract provided.
Falling Off Balance: How The Tenth Circuit’S Stance On The Implementation Of A Balancing Test Undermines Congressional Intent In Regard To Extending Sovereign Immunity To Economic Entities Of A Tribe, Robert Thomas Redwine
Falling Off Balance: How The Tenth Circuit’S Stance On The Implementation Of A Balancing Test Undermines Congressional Intent In Regard To Extending Sovereign Immunity To Economic Entities Of A Tribe, Robert Thomas Redwine
American Indian Law Review
No abstract provided.
Research Analysis And Planning: The Undervalued Skill In Legal Research Instruction, Robert Linz
Research Analysis And Planning: The Undervalued Skill In Legal Research Instruction, Robert Linz
Faculty Articles
This article describes a method of research analysis and planning for legal problems. It introduces the framework of research plan, log, and product and provides a detailed research plan and log that students can use as a template for learning research. The article suggests how to teach the method in legal research classes, shares some of the author's experiences in teaching the method, and addresses some possible criticisms of this approach.
Thinking About Technology - Cybersecurity: Breaches And Heartbleed To Byod—Are Bankers, Entertainment Company Executives, Celebrities, Postal Workers, Ice Cream Lovers, Home Builders, And Cios The Only Ones Who Should Be Concerned?, Darla Jackson
Other Faculty Publications
In 2013 and 2014, we have continually heard about data security breaches and cybersecurity has become a major concern for the legal community. Reports of information leakage and security breach concerns at legal information vendors, firms, universities, and even courts continued to increase. Ms. Jackson addresses the increasing cybersecurity concerns and suggests some considerations for law librarian, legal information professionals, and the organizations they serve in determining the measures to address security threats.
Letting One Fly Over The Cuckoo's Nest: Why Automatic Reversal Is The Only Effective Remedy For Denial Of Counsel At A Mental Competency Hearing, Jenny Fehring
Oklahoma Law Review
No abstract provided.
Let's Reinvent The Wheel: The Internet As A Means Of Interstate Commerce In United States V. Kieffer, Valeria G. Luster
Let's Reinvent The Wheel: The Internet As A Means Of Interstate Commerce In United States V. Kieffer, Valeria G. Luster
Oklahoma Law Review
No abstract provided.
Recent Developments In Estoppel And Preclusion Doctrines In Consumer Bankruptcy Cases; Volume Ii Of Ii: Preclusion, Kevin M. Lewis, Paul M. Lopez, Scott Lawrence, Tim Springer
Recent Developments In Estoppel And Preclusion Doctrines In Consumer Bankruptcy Cases; Volume Ii Of Ii: Preclusion, Kevin M. Lewis, Paul M. Lopez, Scott Lawrence, Tim Springer
Oklahoma Law Review
No abstract provided.
Windustry And The Accommodation Doctrine: Should Oklahoma Follow In The Steps Of The Lone Star State?, Chantel P. James
Windustry And The Accommodation Doctrine: Should Oklahoma Follow In The Steps Of The Lone Star State?, Chantel P. James
Oklahoma Law Review
No abstract provided.
The Case: Chae Chan Ping V. United States, 130 U.S. 151 (1889)
The Case: Chae Chan Ping V. United States, 130 U.S. 151 (1889)
Oklahoma Law Review
No abstract provided.
Why Immigration’S Plenary Power Doctrine Endures, David A. Martin
Why Immigration’S Plenary Power Doctrine Endures, David A. Martin
Oklahoma Law Review
The plenary power doctrine, traditionally traced to the Supreme Court’s decision in Chae Chan Ping, has persisted despite a steady and vigorous stream of scholarly criticism. This essay undertakes to explain why. First, the Court’s strong deference to the political branches does not derive from the concept of sovereignty. Justice Field’s opinion for the Court invoked sovereignty not to trump rights claims but to solve a federalism problem — structural reasoning that locates the immigration control power squarely in the federal government, though not explicitly enumerated in the Constitution. The Chae Chan Ping Court’s deference to the political branches instead …
Elusive Equality: Reflections On Justice Field’S Opinions In Chae Chan Ping And Fong Yue Ting, Victor C. Romero
Elusive Equality: Reflections On Justice Field’S Opinions In Chae Chan Ping And Fong Yue Ting, Victor C. Romero
Oklahoma Law Review
No abstract provided.
From Rule Text To Reality: Achieving Proportionality In Practice, Steven Gensler, Lee Rosenthal
From Rule Text To Reality: Achieving Proportionality In Practice, Steven Gensler, Lee Rosenthal
Other Faculty Publications
No abstract provided.
Under Containment: Preempting State Ebola Quarantine Regulations, Eang Ngov
Under Containment: Preempting State Ebola Quarantine Regulations, Eang Ngov
Faculty Articles
The outbreak of Ebola in Africa and its recent emergence in America has brought to light that the ambit of state sovereignty in the face of federal policy is unsettled in the public health field. Quarantine laws have historically been recognized as an exercise of state police powers and, absent discriminatory uses, courts have afforded much deference to states when the federal government is dormant. This article explores federalism implications when federal and state sovereigns contest the purview of regulating Ebola, other epidemics, and quarantine. This article examines how the federal government can assert supremacy to regulate treatment of epidemics …
A Failure Of Substance And A Failure Of Process: The Circular Odyssey Of Oklahoma's Corporate Law Amendments In 2010, 2012, And 2013, Steven Cleveland
A Failure Of Substance And A Failure Of Process: The Circular Odyssey Of Oklahoma's Corporate Law Amendments In 2010, 2012, And 2013, Steven Cleveland
Faculty Articles
No abstract provided.
A Cost-Benefit Analysis Of The Federal Prosecution Of Immigration Crimes, Kit Johnson
A Cost-Benefit Analysis Of The Federal Prosecution Of Immigration Crimes, Kit Johnson
Faculty Articles
Immigration crimes are the most prosecuted federal crimes in America. This Article examines the benefits of the federal prosecution of immigration crimes (training, deterrence, and signaling/expression) and balances those benefits against the costs of such prosecutions (court- house costs, alternative prosecution, and incarceration). I conclude that deportation immediately following a conviction for an immigration crime appears to capture the key benefit of this system (signaling/expression) while alleviating its greatest expense (incarceration).
Vast Hordes...Crowding In Upon Us: The Executive Branch's Response To Mass Migration And The Legacy Of Chae Chan Ping, Kit Johnson
Vast Hordes...Crowding In Upon Us: The Executive Branch's Response To Mass Migration And The Legacy Of Chae Chan Ping, Kit Johnson
Faculty Articles
In this essay, we consider how Chae Chan Ping v. United States influences the Executive Branch’s policy response to mass migration, even today. The fear of mass migration reflected in the opinion, and the Court’s articulation that our government must protect its citizenry from “vast hordes...crowding in upon us,” is a message that still resonates. When it comes to policy, the Chinese Exclusion case is more modern than one might expect. In fact, we see the fingerprints of Chae Chan Ping in the Obama Administration’s current practice regarding the detention and processing of family migrants from Central America, and in …
A No-Fault Remedy For Legal Malpractice?, Melissa Mortazavi
A No-Fault Remedy For Legal Malpractice?, Melissa Mortazavi
Faculty Articles
No abstract provided.
Tort As Democracy: Lessons From The Food Wars, Melissa Mortazavi
Tort As Democracy: Lessons From The Food Wars, Melissa Mortazavi
Faculty Articles
This Article develops alternative emerging theories regarding the function of tort in American civil society. Often, scholars and policymakers evaluate the tort system in terms of compensation, loss allocation, and risk management. This focus overlooks an important modern function of tort; in the context of the modern administrative state, tort is a vital player in the democratic deliberative process. Tort suits bring forth new ideas, force fact-finding, and increase communication amongst public and private institutional actors to develop sound and legitimate law and policy. Perhaps nowhere is this more obvious today than with the current boom of food litigation. Lawsuits …
Giving Thanks: The Ethics Of Grateful Patient Fundraising, Stacey A. Tovino
Giving Thanks: The Ethics Of Grateful Patient Fundraising, Stacey A. Tovino
Faculty Articles
Grateful patient fundraising, defined as the solicitation of philanthropic donations by health care providers from current and former patients, raises a number of legal and ethical issues. Elsewhere, I detailed the confidentiality issues raised by the use and disclosure of patient identifiable information by hospital development officers, major gifts officers, institutionally-related foundations, and commercial fundraisers, and proposed corrections to federal health information confidentiality regulations to better balance the competing aims of health care philanthropy and health information confidentiality. In this Article, I analyze several outstanding issues raised by physician involvement in grateful patient fundraising. That is, physicians who solicit philanthropic …
The Dsm-5: Implications For Health Law, Stacey A. Tovino
The Dsm-5: Implications For Health Law, Stacey A. Tovino
Faculty Articles
In May 2013, the American Psychiatric Association released the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders ("DSM-5"). Among other changes, the DSM-5 includes new entries for hoarding disorder and premenstrual dysphoric disorder as well as a reclassified entry for gambling disorder. Using these changes as examples, this Article examines the implications of the DSM-5 for key issues in health law, including health insurance coverage, public and private disability benefit eligibility, and disability discrimination protection. As a descriptive matter, this Article illustrates how the addition of new disorders and the reclassification of existing disorders in the DSM-5 …
The Silliness Of Erisa: The Plan Is Not The Only Proper Party Defendant In An Erisa Benefits Claim, Don T. Bogan
The Silliness Of Erisa: The Plan Is Not The Only Proper Party Defendant In An Erisa Benefits Claim, Don T. Bogan
Faculty Articles
No abstract provided.
A Failure Of Substance And A Failure Of Process: The Circular Odyssey Of Oklahoma's Corporate Law Amendments In 2010, 2012, And 2013, Steven J. Cleveland
A Failure Of Substance And A Failure Of Process: The Circular Odyssey Of Oklahoma's Corporate Law Amendments In 2010, 2012, And 2013, Steven J. Cleveland
Oklahoma Law Review
No abstract provided.
Calling A Spade A Spade: Understanding Sex Offender Registration As Punishment And Implications Post-Starkey, Alex Duncan
Calling A Spade A Spade: Understanding Sex Offender Registration As Punishment And Implications Post-Starkey, Alex Duncan
Oklahoma Law Review
No abstract provided.