Law Commons^™

Tribal Authority To Issue Search Warrants To Non-Tribal Entities Or On Non-Indian Land Within Reservation Boundaries, Ivy K. Chase

American Indian Law Review

No abstract provided.

Into The Jurisdictionverse: How Tangled Jurisdictional Lines Around Indian Country Thwart Attempts To End The Crisis Of Missing And Murdered Indigenous Women, Evan Gamble

American Indian Law Review

No abstract provided.

The Native Fight For Hunting Rights: The Crow Tribe And Herrera V. Wyoming, Jacob Lewis

American Indian Law Review

No abstract provided.

The “Arm” That Saves You Might Also Strangle You: The Impact Of Sovereign Immunity On Economic Arms Of Tribes And How It Could Affect Others’ Willingness To Contract With Them, Josh Pumphrey

American Indian Law Review

No abstract provided.

The Need For Law In Federal Indian Law: A Response To Maggie Blackhawk In Light Of The Supreme Court’S Troubling Term For Tribal Sovereignty, Nicholas B. Mauer

American Indian Law Review

No abstract provided.

What Lawyers Could Learn From The Corporate Practice Of Medicine, Melissa D. Mortazavi

Faculty Articles

Proponents of the United States’ domestic experiments in non-lawyer ownership (NLO) of legal practice justify them in terms of increasing “access to justice.” But what if opening ownership of legal practice to investment capital only exacerbates market failures (leading to further consolidation and increased costs to clients), while also compromising professional autonomy and fiduciary duty? The legal profession must be clear-eyed about who are the real winners and losers of such a shift and avoid being blinded by wishful thinking. Prominent legal scholars have repeatedly touted NLO as a solution to the access to justice crisis. However, there is scant …

Artificial Intelligence And The Hipaa Privacy Rule: A Primer, Stacey A. Tovino

Faculty Articles

No abstract provided.

Homelands Not Graveyards, M. Alexander Pearl

Faculty Articles

Within the last five years, the U.S. Supreme Court has taken up several transformative cases affecting Native nations and federal Indian law jurisprudence. The Supreme Court’s decision in Arizona v. Navajo Nation is no different. This Article examines that decision and situates it within that legal history as well as the realities of present-day water resource availability. While recent decisions have shown the Court’s willingness to confirm fundamental components of federal Indian law, such as the legal tests for determining the persistence of reservation and the authority of Congress to enact the Indian Child Welfare Act, the Court’s examination of …

An Unreliable Reporter, Jon J. Lee

Faculty Articles

As part of the legal profession’s tradition of self-regulation, attorneys have an ethical obligation to ensure that those within it are fit to practice. Given the gravity associated with accusing another lawyer of misconduct, it is not surprising that many are reticent to speak up. But what would happen if attorneys were pressured to vigorously pursue sanctions against their opponents, even if those sanctions may be unwarranted? President Trump’s recently-issued memorandum arguably does just that, mandating the Attorney General to seek court and disciplinary sanctions for lawyers and law firms that appear to violate ethics rules. This Essay explains how …

The First Amendment, Global Corporate Responsibility Standards, & The Quest For Online "Speech Nirvana", Evelyn Aswad

Faculty Articles

With large and powerful social media companies operating as worldwide speech regulators, it is unsurprising that governments have attempted to not only regulate how these companies address platform speech but also pressure them to deliver preferred speech outcomes. In 2024, the Supreme Court decided two cases addressing both themes in the U.S. context. In Moody v. NetChoice, the Court explained how legislation regulating private platform curation of usergenerated content runs afoul of First Amendment protections. And, in Murthy v. Missouri, the Court appeared to erect significant hurdles to challenging alleged governmental coercion of such platforms. These cases have left many …

Increasing Congressional Oversight Of Fisa Section 702 After Risaa, Noah C. Chauvin

Faculty Articles

In April of 2024, Congress passed the Reforming Intelligence and Securing America Act ("RISAA"). This bill reauthorized Section 702 of the Foreign Intelligence Surveillance Act ("FISA'), an important counterterrorism authority that was intended to make it easier for the government to spy on foreign terrorists but which has been repeatedly abused to spy on Americans. While RISAA enacted modest surveillance reforms, it also included substantial expansions of the government's spying powers. Moreover, it largely left intact the existing oversight regime for Section 702, which is deficient as a matter of law, policy, and fact.

This article assesses the extent to …

Insider Trading & Unconstitutionally Complelled Speech, Steven J. Cleveland

Faculty Articles

The Supreme Court has recently weaponized the First Amendment to invalidate economic regulations. Consequently, the Court’s current analytical framework risks invalidating as unconstitutional certain speech compelled by Congress and the SEC to combat insider trading.

The government may compel speech to combat fraud, and many courts and commentators view insider trading as a fraud against the counterparty to the insider’s trade. Today, the government primarily resorts to Section 10(b) of the Securities Exchange Act of 1934 and its implementing regulations, including Rule 10b-5, to combat insider trading. Those regulations prohibit deceptive conduct and do not directly compel speech. Interestingly, in …

An Empirical Exploration Of A Jury Veto, Stephen E. Henderson, Vanessa A. Edkins, Matthew L. Jensen

Faculty Articles

Among the many contemporary dissatisfactions with American criminal justice are longstanding concerns relating to the scarcity of jury trials and the resulting lack of democratic oversight and control in the adjudicative process. A novel solution has recently been proposed in the form of a ‘jury veto’: perhaps a jury could be empaneled, prototypically if not exclusively by defense request, that would be empowered to select between the judicially-imposed sentence and a prosecutorial and defense alternative. We conduct the first empirical exploration of such a structure and find reason to believe it could lessen the disconnect between the American framing vision …

Confessions Of A National Security Lawyer, Noah C. Chauvin

Faculty Articles

In part one of this paper, an unidentified national security lawyer tells all. In part two, I explain why the overclassification issues part one satirizes have important implications for the democratic accountability of intelligence agencies, using examples of classification abuses related to Section 702 of the Foreign Intelligence Surveillance Act.

The Economic Cost Of Exclusion: How Trump's Second-Term Immigration Policies Threaten California's Economy, Kit Johnson

Faculty Articles

The second Trump administration has pursued an array of immigration enforcement initiatives—from denaturalization and visa scrutiny to termination of humanitarian programs and aggressive workplace raids. Legal scholars have sharply debated these measures, but almost entirely through constitutional, statutory, and rights-based frames. This Article exposes a critical omission in immigration law scholarship: the economics of large-scale noncitizen removal. Drawing on major empirical studies of historic enforcement episodes—including Mexican repatriation between 1929-1934, Japanese internment during World War II, Arizona’s immigration restrictionism from 2007-2012, and federal immigration enforcement efforts of 2008-2015—this Article demonstrates that broad noncitizen removals may reduce the employment and wages …

Can States Force Ice To Take Off The Masks?, Noah C. Chauvin

Faculty Articles

No. But that does not mean they are entirely powerless to combat the practice.

In Defense Of Pardons, Stephen E. Henderson

Faculty Articles

Pardons by the past two U.S. presidents—one Democratic and one Republican—have caused some to question the wisdom of executive clemency. American criminal justice is imperfect, such critics of course recognize, but here the cure might be worse than the disease. If pardons have become the playthings of would-be monarchs and tyrants, perhaps it is time to let them go. As a strong proponent of role-reversible criminal justice, I am sympathetic to this view—even in mercy, why is the decision of the single elite supplanting the will of the people? Still, I write in pardons’ defense. Not only are pardons an …

Undocumented Eldercare, Llc, Kit Johnson

Faculty Articles

Americans are aging. Within five years, 20% of the U.S. population will be over the age of 65. In the next 25 years, the number ofcitizens over the age of 80 is expected to triple.

Many older Americans, particularly the oldest, need help with daily lifeeverything from dressing and showering to cooking and cleaning. Assistance, however, is hard to come by. At-home caregivers are expensive. Institutional settings, also expensive, are routinely understaffed.

Thousands of noncitizens provide eldercare in home and institutional settings. Many of these noncitizens have work authorization pursuant to Temporary Protected Status (TPS), an immigration program that President …

Learning From Mistakes: A Quantitative Comparative Study Of Court Decisions Involving The Excuse Of Contractual Mistake, Brian Mccall

Faculty Articles

In almost two decades of teaching Contracts law to first year law students, I have found one of the hardest doctrines to teach to be the excuse of mistake, both mutual and unilateral Students typically express the frustration that they cannot articulate a clear standard to determine when a party’s claim of an excusing mistake will succeed or fail. This frustration with the doctrine seems to be thousands of years old. After years of struggling to teach this topic, I resolved to dig deeper into the caselaw to see if any trends could be observed that would help dispel some …

The Difference A Year Makes: The Admissibility Of Expert Opinion Testimony Under The 2023 Amendment To Federal Rule Of Evidence 702, Daniel J. Capra, Liesa L. Richter

Other Faculty Publications

No abstract provided.

Contested Sovereignty And Jurisdictional Flux In Oklahoma Indian Country 2025, Darla Jackson

Other Faculty Publications

No abstract provided.

A Tres C Approach: Three Steps To Oil And Gas Lease Termination, Lucia Kezele

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Navigating The Skies: Addressing The Regulatory Shortcomings Of Corsia And The Carbon Market While Proposing A Revised Framework For Accountability And Enforcement, Karim Yehia

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Lying By Emission: Why Agencies Should Be Required To Disclose The Upstream And Downstream Environmental Impacts Of Their Projects, Reese Charles

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Preventing Poor Pore Policy: A Call For Interstate Cooperation, Madison Taylor

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

No Girls Allowed: How Sexual Harassment And Gender Discrimination Keep Women Out Of Oil Fields, Alyssa Biasatti

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

If It Ain’T Broke: Considering Legislatively Mandated Formula Rate Plans For Oklahoma’S Electric Utilities, Meredith Gunner

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Nuclear In My Backyard: Was The 5th Circuit Correct In Splitting The Circuits Over The Storage Of Spent Nuclear Waste?, Kohl Lester

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

(Re-)Drill, Baby, Drill! Why Congress And Blm Should Encourage Geothermal Via Old Oil Wells, Jason W. Kersey

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Editor's Introduction & Front Pages, Alexandra Jury

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.