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Articles 181 - 210 of 11866
Full-Text Articles in Law
Here's The Kind Of Justice Trump, Hunter Biden Receive, Stephen Henderson
Here's The Kind Of Justice Trump, Hunter Biden Receive, Stephen Henderson
Other Faculty Publications
Donald Trump. Guilty. Hunter Biden. Underway. This summer, we can’t avoid high-profile criminal prosecutions, nor talking heads telling us every which way to think about them. Among that cacophony, it is hard to be heard, or even to hear oneself think. So I write to a particular group of Americans, those whose reaction is this: “Enough.” ...
Remarks At The Eugene Kuntz Award Reception, Eric King
Remarks At The Eugene Kuntz Award Reception, Eric King
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Balancing On The Knife’S Edge: Subject Matter Jurisdiction In Climate Tort Litigation, Alli Niemiec
Balancing On The Knife’S Edge: Subject Matter Jurisdiction In Climate Tort Litigation, Alli Niemiec
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Risky Business: Shining A Light With Corporate Climate-Related Disclosures In An Age Of Agency Skepticism, Brie Strickland Miller
Risky Business: Shining A Light With Corporate Climate-Related Disclosures In An Age Of Agency Skepticism, Brie Strickland Miller
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
It’S Not Easy Going Green: An Analysis Of The Greenwashing Phenomenon And Its Place In Federal Court Through The Case Of Mass. V. Exxonmobil Corp., Kelsey Lauerman
It’S Not Easy Going Green: An Analysis Of The Greenwashing Phenomenon And Its Place In Federal Court Through The Case Of Mass. V. Exxonmobil Corp., Kelsey Lauerman
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
East Asian Energy Transition: Opportunities, Challenge, And The Paris Agreement, Kody Hicks
East Asian Energy Transition: Opportunities, Challenge, And The Paris Agreement, Kody Hicks
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Public Or Private? It Doesn’T Matter: An Analysis Of The Court/Agency Relationship As To The Issue Of Operator Designation, Kyle Garza
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction & Front Pages, Kelsey Lauerman
Editor's Introduction & Front Pages, Kelsey Lauerman
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Recent Case Decisions
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Smart Grids As Regulators: A Critical Assessment, Jesse Valente
Smart Grids As Regulators: A Critical Assessment, Jesse Valente
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Crisis In The Oil And Gas Industry: Custody Of Orphan Wells, Katie Plas
Crisis In The Oil And Gas Industry: Custody Of Orphan Wells, Katie Plas
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Brazil’S Local Content Requirements: Evolution, Lessons Learned & International Trade Limitations, Eduardo G. Pereira, Aaron Koenck, William A. Clavijo Vitto, Fernanda Delgado, João Victor Correia Lopes, Ana Carolina Marins De Carvalho
Brazil’S Local Content Requirements: Evolution, Lessons Learned & International Trade Limitations, Eduardo G. Pereira, Aaron Koenck, William A. Clavijo Vitto, Fernanda Delgado, João Victor Correia Lopes, Ana Carolina Marins De Carvalho
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Fountains Of Living Waters: How Early Mormon Irrigation Innovated The Legal Landscape Of The West, Ellen (Melton) Carr
Fountains Of Living Waters: How Early Mormon Irrigation Innovated The Legal Landscape Of The West, Ellen (Melton) Carr
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction & Front Pages, Kelsey Lauerman
Editor's Introduction & Front Pages, Kelsey Lauerman
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
A Radical Assertion, Melissa D. Mortazavi
A Radical Assertion, Melissa D. Mortazavi
Other Faculty Publications
No abstract provided.
Curing Terry’S Colorblindness, Ilan Friedmann-Grunstein
Curing Terry’S Colorblindness, Ilan Friedmann-Grunstein
Oklahoma Law Review
No abstract provided.
On The Basis Of Pink: Finding A Balanced Approach To Addressing Gender-Based Price Discrimination On A National Level, Emily L. Brown
On The Basis Of Pink: Finding A Balanced Approach To Addressing Gender-Based Price Discrimination On A National Level, Emily L. Brown
Oklahoma Law Review
No abstract provided.
Intimate Relationships And Supported Decision Making, Leslie Francis
Intimate Relationships And Supported Decision Making, Leslie Francis
Oklahoma Law Review
No abstract provided.
Mothers With Disabilities In The Workplace Post-Pandemic & Post-Dobbs, Nicole Buonocore Porter
Mothers With Disabilities In The Workplace Post-Pandemic & Post-Dobbs, Nicole Buonocore Porter
Oklahoma Law Review
No abstract provided.
Tele-Induction Of Buprenorphine For The Treatment Of Opioid Use Disorder: Regulatory Flux And Public Confusion, Stacey A. Tovino
Tele-Induction Of Buprenorphine For The Treatment Of Opioid Use Disorder: Regulatory Flux And Public Confusion, Stacey A. Tovino
Faculty Articles
Consider an individual named Taylor who has opioid use disorder (OUD). Taylor would like to try buprenorphine, a medication approved by the Food and Drug Administration (FDA) for maintenance and withdrawal management treatment (hereinafter treatment) of OUD. Assume Taylor lives in a rural community located a considerable distance from the closest practitioner who provides in-person treatment to individuals with OUD. Further assume that Taylor does not own a car and that public transportation is nonexistent in their rural area. Taylor does have a smart phone with audio as well as video capabilities, however. This article examines current developments in federal …
More Than Friends: A New Theory For The Third-Party Doctrine, Eang Ngov
More Than Friends: A New Theory For The Third-Party Doctrine, Eang Ngov
Faculty Articles
When a person gives information or something tangible to someone or a business, the Fourth Amendment’s third-party doctrine allows the government to obtain that evidence without a warrant or probable cause. The third-party doctrine is premised on the rationale that we hold no reasonable expectation of privacy when we voluntarily expose information to others, that we assume the risk that the third party would share the information, and that we must deal with the consequences of that misplaced trust. The doctrine originated from a series of cases where law enforcement obtained information revealed by criminals through their mistaken trust of …
Altered Stakes: Reimagining The Amount-In-Controversy Requirement, Steven Gensler, Roger Michalski
Altered Stakes: Reimagining The Amount-In-Controversy Requirement, Steven Gensler, Roger Michalski
Faculty Articles
Which state-law cases should Congress allow into federal court? Congress's answer has always been "only the big ones." This article revisits the choice to limit diversity jurisdiction to higher-value cases and critically examines how Congress has approached setting the amount threshold. It surveys alternate ways Congress could use case value to sort which cases make it into the diversity docket. We explore lotteries, auctioning access to the highest bidder, setting an amount in controversy maximum rather than the current minimum, pegging the jurisdictional amount to the minimum wage or the cost of a hamburger, employing relative measures that use multiples …
A New Approach To Attorney Regulation, Jon J. Lee
A New Approach To Attorney Regulation, Jon J. Lee
Faculty Articles
For more than half a century, jurisdictions have relied on threats of disciplinary sanctions—sticks—to try to coerce attorneys to act in an ethical manner. In doing so, they have focused their efforts on establishing minimum standards of practice and sanctioning only those attorneys who fall well short of them. By crafting general rules that apply to all attorneys, however, jurisdictions have ignored the considerable differences that attorneys face as a result of their practice settings, years of experience, or individual identities. Furthermore, jurisdictions have struggled to establish clear standards to guide attorneys regarding their obligations—precisely because the settings in which …
Civil Procedure For The Anthropocene, Roger Michalski, Emily S. Taylor Poppe
Civil Procedure For The Anthropocene, Roger Michalski, Emily S. Taylor Poppe
Faculty Articles
Climate considerations must become an element of procedural analysis. Scholars, rule makers, legislators, and judges have historically prioritized procedural values including cost, speed, and accuracy. More recent waves of scholarship—including critical perspectives—have emphasized participation as a further procedural goal. Yet this list has grown stale. Current environmental realities force all areas of law, including civil procedure, to reckon with climate change. In the future, proceduralists will be forced to integrate climate-aware thinking into their analyses, proposals, and discussions. Predictably, minds will disagree on how to accomplish this and the kinds of trade-offs that are warranted. Yet the fundamental point of …
Placebo Trials: A New Tool To Discourage Wrongful Convictions Caused By Jury Error, Hayley Stillwell
Placebo Trials: A New Tool To Discourage Wrongful Convictions Caused By Jury Error, Hayley Stillwell
Faculty Articles
Despite the foundational principle in the American criminal justice system that it is better to acquit the guilty than to convict the innocent, wrongful convictions remain a persistent issue. Wrongful convictions are sometimes caused by flawed evidence, such as eyewitness misidentifications and unreliable forensic techniques. Researchers and scholars have studied this problem of flawed evidence extensively, leading to many successful reform efforts to address this portion of the wrongful conviction problem. But there is another portion of the wrongful conviction problem that has yet to be the target of reform efforts—wrongful convictions caused by juror error. Implicit biases, forbidden assumptions, …
Painting A Clearer Picture: Introducing New Federal Rule Of Evidence 107 Regulating Illustrative Aids, Daniel J. Capra, Liesa L. Richter
Painting A Clearer Picture: Introducing New Federal Rule Of Evidence 107 Regulating Illustrative Aids, Daniel J. Capra, Liesa L. Richter
Faculty Articles
They say a picture is worth a thousand words-and charts, drawings, diagrams, computer animations, and even tangible items are utilized at trial in virtually every case tried in the federal and state court systems. Litigants have come to depend heavily upon such aids to engage visual learners in the jury box and to present a compelling narrative. And the creative use of trial aids has only increased with the rapid technological advancements of recent decades. The ubiquity of such aids notwithstanding, there is no written standard governing their use, no agreed-upon lexicon for describing them, and no set of uniform …
Long Live The Federal Rules Of Evidence!, Daniel J. Capra, Liesa L. Richter
Long Live The Federal Rules Of Evidence!, Daniel J. Capra, Liesa L. Richter
Faculty Articles
The Federal Rules of Evidence have been pronounced dead. Indeed, the Federal Rules of Evidence have recently been declared dormant, stagnant, frozen, lethargic, and yes, deceased. In The Living Rules of Evidence, 170 U. Pa. L. Rev. 937 (March 2022), Professor Alexander Nunn claims that the Rules are lifeless, incapable of any meaningful change, and littered with anachronistic and even dangerous standards and provisions. To blame for the moribund state of the Federal Rules of Evidence is the bureaucratic and complex federal rulemaking process that requires amendments to traverse multiple constituencies in a multi-year process before taking effect. As a …
Aborted Confidentiality, Stacey A. Tovino
Aborted Confidentiality, Stacey A. Tovino
Faculty Articles
As the number of abortion-restricting laws continues to grow in the wake of the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization, law enforcement officers are increasingly interested in obtaining and using reproductive health information for law enforcement purposes. Although physicians and other covered entities generally are required to keep protected health information (PHI) confidential under the Health Insurance Portability and Accountability Act Privacy Rule, a number of regulatory exceptions historically have permitted covered entities to disclose PHI for civil, criminal, and administrative investigations and proceedings. On April 26, 2024, the Department of Health and Human Services …
A Wolf In Sheep’S Attire: How Consent Enfeebles Our Fourth Amendment, Stephen E. Henderson, Guha Krishnamurthi
A Wolf In Sheep’S Attire: How Consent Enfeebles Our Fourth Amendment, Stephen E. Henderson, Guha Krishnamurthi
Faculty Articles
The Fourth Amendment is a mirage. On paper—in the rules studied by law students, analyzed by scholars, and proclaimed by jurists—its limitations are many and, oftentimes, significant. Yet the experience of large numbers of Americans is entirely to the contrary, thanks to the rights-annihilating, under-theorized exception of “consent.” Under its guise, law enforcement officers routinely conduct what would otherwise be constitutionally-restrained searches and seizures, and they do so without meaningful explanation or assent. Fortunately, change—whether legislative or (ideally) constitutional—could be straightforward. Thanks to other sufficient triggers, consent could be replaced by a narrow, rights-protective doctrine under which law enforcement could …
Sounds Marks, Deborah Gerhardt, Jon J. Lee
Sounds Marks, Deborah Gerhardt, Jon J. Lee
Faculty Articles
A lion roars just before a film rolls. A doughboy giggles. A giant green man laughs a hearty, “Ho, Ho, Ho.” These iconic sounds are all federally registered as trademarks. They identify specific brands and distinguish their products and services from the competition. Human brains treat sounds like these as categorization tools and cognitive shortcuts—ideal trademark symbols. But what about the sounds your favorite toys or electronic devices make? Or those made by a fictional character in the latest block- buster? This Article tackles these issues and others. We push back against the widely-held belief that all unconventional trade-marks—product designs, …