Law Commons^™

Sanctioning Lawyer-Criminals, John J. Lee

Faculty Articles

Until now there has been relatively little consideration given to disciplinary agencies’ sanctioning of lawyers who commit or are convicted of crimes, so called “lawyer-criminals.” This is likely because most assume that these offenders make up a tiny percentage of disciplinary cases. It also may explain why jurisdictions continue to employ disparate approaches regarding what types of criminal conduct warrant professional intervention, the appropriate sanctions to impose on lawyer-criminals, and whether lawyers convicted of certain offenses should be automatically excluded from practice.

This Article makes three primary contributions to the discourse on reforming professional lawyer regulation to protect the public …

Marital Status And Human Rights, Jessica Tueller

Faculty Articles

Although human rights law has established a clear prohibition on discrimination based on marital status, this prohibition is vastly underutilized. This Article argues that increased attention to human rights law's prohibition on marital status discrimination, accompanied by clearer, more consistent, and more robust analysis of this phenomenon, is needed to ensure that everyone whether they choose to remain unmarried or to marry, whether they file for divorce or are widowed-continues to have and enjoy the same human rights and fundamental freedoms as any other person throughout their lifetime. This Article specifically recommends a focus on harmful marital status stereotypes that …

Generative Ai And The Purpose Of Legal Scholarship, Michael L. Smith

Faculty Articles

What does generative artificial intelligence mean for the future of legal scholarship? The topic has been the talk of the town around academic watercoolers. Some legal scholars have tried their hand at producing legal scholarship using generative Al. The accompanying commentary is varied, but advocates for the technology suggest that generative Al may become a common tool for legal scholars, leaving those who refuse to adapt at a severe disadvantage.

In this article, I contemplate a world in which legal scholars routinely use generative Al to produce academic writing. I argue that an instrumental view of legal scholarship's value-a view …

Certiorari Transparency, Alexandra L. Klein, Michael L. Smith

Faculty Articles

Amid increasing controversy over the Supreme Court’s amassing of power, rejection of precedent, reliance on the shadow docket, and Justices’ undisclosed acceptance of lavish gifts, legal scholars, commentators, and politicians have called for bold and far-reaching reforms to the Court, including term limits for Justices, stripping the Court of jurisdiction in certain cases, and adding Justices to the Court. This Article proposes a more subtle reform to the Court’s proceedings: the Court should make its certiorari de-terminations, in which it decides which cases to take up and review, public. Currently, the Court exercises near-complete discretion over the cases it decides …

The Rhetoric Of Law In Executive Order No. 12,333, Noah C. Chauvin

Faculty Articles

Scholars have long disputed the extent to which Congress may permissibly regulate the nation's foreign intelligence apparatus. Positions in this debate range from the view that Congress and the President share power over intelligence to the opinion that intelligence matters fall within the President's exclusive Article II authority. This Article examines the extent to which the text of Executive Order No. 12,333-the intelligence community's governing charter-supports the most expansive conceptions of presidential authority over intelligence matters. It concludes that the Order is best understood as recognizing Congress's power to pass laws governing the conduct of intelligence-laws that preclude executive refinement …

Michael Scott Is Not A Juror: The Limits Of Ai In Simulating Human Judgment, Sean Harrington, Hayley Stillwell

Faculty Articles

Can AI replace human jurors? More specifically, can large language models predict how jurors interpret evidence and reach decisions based on legally salient facts and demographic characteristics? As legal scholars and practitioners increasingly explore AI-generated jury simulations, this Article offers the first empirical test of whether models like GPT-4, Claude, and Gemini can faithfully replicate juror reasoning. The answer, for now, is no. Across a series of mock trial scenarios involving redacted confessions, GPT- 4, Claude, and Gemini repeatedly failed to replicate how real jurors interpret evidence or exercise judgment. Their errors were not random, but systematic. Hidden prompts, built-in …

Meat Is Dead, Melissa D. Mortazavi

Faculty Articles

The legal and cultural landscape surrounding meat in the United States is evolving as plant-based alternatives, GMO farm animals, and cell-cultivated meat move from test tube to table. While global demand for meat rises amid environmental, ethical, and resource challenges, cell-cultivated meat emerges as a scientifically viable alternative, offering identical nutritional value without the drawbacks of conventional livestock production. Despite federal regulatory approval from USDA and FDA, multiple states have enacted unusually restrictive laws—including bans— targeting cell-cultivated meat. These are motivated largely by economic protectionism, but also deeper cultural anxieties tied to tradition and identity. This Article argues that food …

Species Of State Constitutional Lockstepping, Michael L. Smith

Faculty Articles

When interpreting state constitutional provisions, state courts frequently take a "lockstep" approach by adopting the United States Supreme Court's interpretation of analogous federal constitutional provisions. Critics often portray lockstep interpretation as misguided and have identified varieties of lockstepping, including unreflective, reflective, prospective, and methodological lockstep interpretation. This Article contributes to these discussions by identifying several additional forms of lockstep interpretation that have thus far gone undiscussed: lazy, mandatory, atextual, and sticky lockstepping.

Several of these variations highlight distinct failures of state courts to independently interpret state constitutions. This includes lazy lockstepping, where state courts tend to engage in repeated, thoughtless …

Blowing In The Wrong Direction? United States V. Osage Wind, Llc, Aubrey Thomas

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Ownership Rights To Produced Water In The New Age Of Energy, Timothy Naegele

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Fault Lines In Fossil Fuel Policy: The Ripple Effect On Mineral Rights And Regulatory Taking Implications, Myles Meyring

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Analyzing The Invocation Of The Force Majeure Clause Defense In Natural Gas Contract Dispute, Lindsay Kirkland

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Liability In The Pipeline: The Expanding Scope Of Pfas Litigation And Regulation, Rebecca Huckabay

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Walking On Sunshine: A Survey Of Oklahoma Concurrent Land Use Law And How Accommodation Can Fill In Gaps Revealed By Emerging Solar Energy, Nick Halbroeder

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

The Clash Between Oklahoma’S Oil Industry And Overriding Royalty Interests: Why Legislative Action Is Needed, Bryce Cormack

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Not All That Glitters Is Black Gold: Using Stranded Gas To Mine Cryptocurrencies And The Public Regulation Of Waste, Emily Burns

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Digital Gold: The Impact Of Bitcoin Mining On Texas Surface Owners’ Rights, Kenney Broadnax

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Editor's Introduction & Front Pages, Bryce Cormack

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Law Enforcement, Reproductive Health Information, And The Hipaa Privacy Rule, Stacey A. Tovino

Faculty Articles

On April 26, 2024, the federal Department of Health and Human Services (HHS) promulgated a final rule (Final Rule) amending the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. The Final Rule prohibits HIPAA covered entities and business associates from using and disclosing protected health information (PHI) to conduct criminal, civil, or administrative investigations into an individual for the mere act of seeking, obtaining, providing, or facilitating lawful reproductive health care. The Final Rule also prohibits HIPAA covered entities and business associates from using and disclosing PHI to impose criminal, civil, and administrative liability on any individual, or to …

Governance In The Absence Of Government, Tracy Hresko Pearl

Faculty Articles

Artificial intelligence (AI) is advancing at an unprecedented pace, with generative systems exerting growing influence over social, economic, and political life. While Al offers opportunities for innovation and efficiency, it also poses risks ranging from misinformation and job displacement to existential threats if highly autonomous systems evade human control. Across industry, government, and civil society, there is broad consensus that Al requires oversight.

Yet traditional U.S. regulatory approaches face six significant barriers: (1) technology outpacing legislation, (2) limited Al expertise among policymakers, (3) regulatory capture, (4) political gridlock, (5) outdated governance structures, and (6) the inherent complexity of Al. Combined …

Reflections On The “Pore Space Estate”, Joseph A. Schremmer

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Co₂ Pipelines As Common Carriers, Madeleine Lewis, Tara Righetti

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

The Meaning Of “Other Minerals” And Other Incidents Of Mineral Ownership, Monika U. Ehrman, Colton Franks

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.

Agricultural Biotechnology In The Courts: Judicial Opinions And Commentary, Drew L. Kershen

Faculty Articles

Seven jurisdictions from around the world have issued judicial opinions that address fundamental issues about the governance and regulatory systems of agricultural biotechnology. This article summarizes these legal proceedings and describes their impact upon agricultural biotechnology. The article then provides a commentary and critique of the legal proceedings and resulting judicial opinions.

Seeing The Unseen: Procedural Solutions In Plain Sight, Melissa Mortazavi

Other Faculty Publications

No abstract provided.

Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Sovereign Lands, Brent D. Chicken, Tanner M. Boyzuick

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

West Virginia, Andrew S. Graham

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Virginia, Zachary H. Barrett, Kizito Aidam

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.