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Articles 691 - 720 of 11866
Full-Text Articles in Law
Join With Me, Won't You? Civic Engagement, Covid-19, And The Millennial Generation Of Law Professors, Joseph Schremmer
Join With Me, Won't You? Civic Engagement, Covid-19, And The Millennial Generation Of Law Professors, Joseph Schremmer
Faculty Articles
My goals in this essay are to place legal education’s COVID-19 crisis into this broader context and illuminate the unique opportunity that millennial law professors have to create the conditions for more robust community participation within and outside of our law schools. Part I summarizes the decline of civic engagement and social capital in preceding decades and its consequences for law, public discourse, and quality of life. Part II outlines how this deficit of social capital exacerbates the challenges facing law schools and professors in delivering legal education and constructing community during the coronavirus pandemic. Part III explores the unique …
Covid, Crisis, And Courts, Colleen Shanahan, Alyx Mark, Jessica Steinberg, Anna Carpenter
Covid, Crisis, And Courts, Colleen Shanahan, Alyx Mark, Jessica Steinberg, Anna Carpenter
Faculty Articles
Our country is in crisis. The inequality and oppression that lies deep in the roots and is woven in the branches of our lives has been laid bare by a virus. Relentless state violence against Black people has pushed protestors to the streets. We hope that the legislative and executive branches will respond with policy change for those who struggle the most among us: rental assistance, affordable housing, quality public education, comprehensive health and mental health care. We fear that the crisis will fade, and we will return to more of the same. Whatever lies on the other side of …
Legal Lessons From A Very Fast Problem: Covid-19, Eric E. Johnson, Theodore Bailey
Legal Lessons From A Very Fast Problem: Covid-19, Eric E. Johnson, Theodore Bailey
Faculty Articles
The course of a pandemic is as much a function of social structures as protein structures. Law is among the most important of these social structures, and it is among those most capable of the kind of rapid adaptation that is needed against an exponentially replicating virus. Thus, there is an urgent need to scrutinize the role of the law in impeding or supporting timely and effective measures to combat the great pandemic caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) and its associated malady, coronavirus disease 2019, better known as COVID-19. This Essay offers a look back on …
Hands Off The Wheel: The Role Of Law In The Coming Extinction Of Human-Driven Cars, Tracy Hresko Pearl
Hands Off The Wheel: The Role Of Law In The Coming Extinction Of Human-Driven Cars, Tracy Hresko Pearl
Faculty Articles
Law and technology scholars have been writing about the coming release of fully autonomous vehicles for quite some time, and yet there is a significant gap in that literature. The United States has experienced a technology-driven upheaval in transportation once already, and it did so almost exactly 100 years ago when society transitioned (surprisingly rapidly) from horses to automobiles. No legal scholar has, as of yet, explored that transition at any length and asked what it can teach us about the role law and lawmaking should play in the coming transition between human-driven and fully autonomous vehicles. This is a …
Wills Speak, Katheleen Guzman
Rising Up Without Pushing Down: Lessons Learned From The Suffragettes' Anti-Immigrant Rhetoric, Kit Johnson
Rising Up Without Pushing Down: Lessons Learned From The Suffragettes' Anti-Immigrant Rhetoric, Kit Johnson
Faculty Articles
American suffragist Elizabeth Cady Stanton famously wrote: “We hold these truths to be self-evident; that all men and women are created equal.” Yet when suffragettes spoke of “all” men and women, they were clear about exceptions. Immigrants did not qualify. Indeed, in her own address at the First Women’s Rights Convention, held in Seneca Falls, New York, in July 1848, Stanton said that “to have . . . ignorant foreigners . . . fully recognized, while we ourselves are thrust out from all the rights that belong to citizens, it is too grossly insulting to the dignity of woman to …
Incivility As Identity, Melissa Mortazavi
Incivility As Identity, Melissa Mortazavi
Faculty Articles
Incivility can undermine the legal profession’s work and effectiveness. However, existing scholarship, focused on explaining lawyer incivility as an overextension of zealous advocacy, poor training, or a business-driven model of lawyering, has misconceived a key facet of incivility. Prevailing wisdom largely neglects that lawyers use incivility to react and position themselves within the sociopolitical norms of society in which they live. Civility (or the lack thereof) in the legal profession, may be less about clients and economic pressures than about lawyers affirming their political, class, and gender identities. Once the legal profession recognizes that civility is significantly about lawyers affirming …
Is Barrios The Death Knell Of Bosh Claims? The Sovereign Immunity Battle Between The Oklahoma Supreme Court And Legislature Over Constitutional Torts, Hayley Stillwell
Is Barrios The Death Knell Of Bosh Claims? The Sovereign Immunity Battle Between The Oklahoma Supreme Court And Legislature Over Constitutional Torts, Hayley Stillwell
Faculty Articles
The State of Oklahoma has explicitly adopted sovereign immunity for a broad array of tort claims, including constitutional torts—legal wrongs by government actors in violation of duties imposed by the Oklahoma Constitution. In the years before and after this explicit invocation of sovereign immunity for constitutional torts, however, the question in Oklahoma was whether the Oklahoma Legislature had the authority to do this. Even though the Oklahoma Legislature enacted a statute that invoked sovereign immunity as to certain torts, utilizing a seemingly all-encompassing definition of “tort,” the Oklahoma Supreme Court nevertheless found that private rights of action—commonly referred to as …
Politicians As Fiduciaries: Public Law V. Private Law When Altering The Date Of An Election, Steven Cleveland
Politicians As Fiduciaries: Public Law V. Private Law When Altering The Date Of An Election, Steven Cleveland
Faculty Articles
In the 2019 decision Rucho v. Common Cause, the U.S. Supreme Court concluded that federal challenges to partisan gerrymandering-a practice yielding election results that "reasonably seem unjust"-were non-justiciable. If partisan gerrymandering claims are not federally justiciable, and if that conclusion emboldens politicians, how else might incumbents manipulate election mechanics to preserve their political advantage? This Article explores one possibility that was briefly mentioned by the Rucho majority: the strategic advancement or delay of the date of a federal election. The strategic shift of election day is not simply a theoretical problem. Foreign politicians have strategically altered their election days for …
The Court Of Indian Appeals: America’S Forgotten Federal Appellate Court, Chief Judge Gregory D. Smith, Bailee L. Plemmons
The Court Of Indian Appeals: America’S Forgotten Federal Appellate Court, Chief Judge Gregory D. Smith, Bailee L. Plemmons
American Indian Law Review
No abstract provided.
Tribal Remedies, Exhaustion, And State Courts, Pete Heidepriem
Tribal Remedies, Exhaustion, And State Courts, Pete Heidepriem
American Indian Law Review
No abstract provided.
“Thus In The Beginning All The World Was America”: The Effects Of Anti-Protest Legislation And An American Conquest Culture In Native Sacred Sites Cases, Elizabeth Hampton
“Thus In The Beginning All The World Was America”: The Effects Of Anti-Protest Legislation And An American Conquest Culture In Native Sacred Sites Cases, Elizabeth Hampton
American Indian Law Review
No abstract provided.
The Cultural Property Conundrum: The Case For A Nationalistic Approach And Repatriation Of The Moai To The Rapa Nui, Annie Rischard Davis
The Cultural Property Conundrum: The Case For A Nationalistic Approach And Repatriation Of The Moai To The Rapa Nui, Annie Rischard Davis
American Indian Law Review
No abstract provided.
Cooking Food Customs In The Pot Of Self-Governance: How Food Sovereignty Is A Necessary Ingredient Of Tribal Sovereignty, Kate Ricart
American Indian Law Review
No abstract provided.
Analyzing The Implications Of The Supreme Court’S Holding In Herrera V. Wyoming, Andrew Rader
Analyzing The Implications Of The Supreme Court’S Holding In Herrera V. Wyoming, Andrew Rader
American Indian Law Review
No abstract provided.
Winner, Best Appellate Brief In The 2020 Native American Law Student Association Moot Court Competition, Emily Dennan, Emily Mcevoy
Winner, Best Appellate Brief In The 2020 Native American Law Student Association Moot Court Competition, Emily Dennan, Emily Mcevoy
American Indian Law Review
No abstract provided.
Getting Past Possession: Subsurface Property Disputes As Nuisances, Joseph Schremmer
Getting Past Possession: Subsurface Property Disputes As Nuisances, Joseph Schremmer
Faculty Articles
Property rights in the subsurface of land are adapting to accommodate modern activities like massive hydraulic fracturing (fracing). Property rights will need to continue adapting if they are to accommodate other developing activities like large-scale carbon capture and storage (CCS). Courts and commentators rarely approach the nature of subsurface property directly. They tend instead to discuss appropriate standards for tort liability when disputes arise — for example when artificial fissures from a frac treatment extend into and drain oil or gas from a neighbor’s land. The case law and literature generally approach unauthorized subterranean invasions as trespasses. Because the tort …
Facebook's Speech Code And Policies: How They Suppress Speech And Distort Democratic Deliberation, Joseph Thai
Facebook's Speech Code And Policies: How They Suppress Speech And Distort Democratic Deliberation, Joseph Thai
Faculty Articles
With nearly two and a half billion users-a third of the world's population- Facebook far and away hosts the largest speech platform in the history of humanity. In the United States, seven out of ten adults use it, and nearly half get news from it. It is therefore no exaggeration to observe that Facebook's self-promulgated rules for "what is and is not allowed on Facebook," its content-based Community Standards, rival if not exceed the First Amendment's importance in shaping discourse in the United States. Yet, unlike the First Amendment, which only protects against government censorship, no scholarship has scrutinized the …
Oklahoma Indian Country: A Year In Review, Darla Jackson
Oklahoma Indian Country: A Year In Review, Darla Jackson
Other Faculty Publications
No abstract provided.
Making Tax Policy Great Again: America, You've Been Trumped, Phyllis C. Taite
Making Tax Policy Great Again: America, You've Been Trumped, Phyllis C. Taite
Faculty Articles
No abstract provided.
Better By The Dozen: Bringing Back The Twelve-Person Civil Jury, Steven Gensler, Lee Rosenthal, Patrick Higginbotham
Better By The Dozen: Bringing Back The Twelve-Person Civil Jury, Steven Gensler, Lee Rosenthal, Patrick Higginbotham
Other Faculty Publications
A jury of 12 resonates through the centuries. Twelve-person juries were a fixture from at least the 14th century until the 1970s. Over 600 years of history is a powerful endorsement. So too are the many social-science studies consistently showing that a 12-person jury makes for a better deliberative process, with more predictable (and fewer outlier) results, by a more diverse group that is a more representative cross-section of the community. And yet, most federal judges today routinely seat civil juries without the full complement of 12 members. Why? Because in 1973 the United States Supreme Court said it was …
Is The Legal Profession Finally Ready For The Institutional Change Necessary To Yield Greater Diversity?, Carla D. Pratt
Is The Legal Profession Finally Ready For The Institutional Change Necessary To Yield Greater Diversity?, Carla D. Pratt
Other Faculty Publications
No abstract provided.
“Importing” Restrictions From One Federal Rule Of Evidence Provision To Another: The Limits Of Legitimate Contextual Interpretation In The Age Of Statutes, Edward J. Imwinkelried
“Importing” Restrictions From One Federal Rule Of Evidence Provision To Another: The Limits Of Legitimate Contextual Interpretation In The Age Of Statutes, Edward J. Imwinkelried
Oklahoma Law Review
No abstract provided.
Jury Trial Disparities Between Class Actions And Shareholder Derivative Actions In State Courts, Ann M. Scarlett
Jury Trial Disparities Between Class Actions And Shareholder Derivative Actions In State Courts, Ann M. Scarlett
Oklahoma Law Review
No abstract provided.
Is Barrios The Death Knell Of Bosh Claims? The Sovereign Immunity Battle Between The Oklahoma Supreme Court And Legislature Over Constitutional Torts, Hayley Stillwell
Is Barrios The Death Knell Of Bosh Claims? The Sovereign Immunity Battle Between The Oklahoma Supreme Court And Legislature Over Constitutional Torts, Hayley Stillwell
Oklahoma Law Review
No abstract provided.
Into The Weeds Of The Newest Field In Employment Law: The Oklahoma Medical Marijuana Act, Brennan T. Barger
Into The Weeds Of The Newest Field In Employment Law: The Oklahoma Medical Marijuana Act, Brennan T. Barger
Oklahoma Law Review
No abstract provided.
Winning The Waiting Game: How Oklahoma Can Rectify The Discrepancy Between Its No-Impeachment Rule And Peña-Rodriguez V. Colorado, Ryan D. Brown
Winning The Waiting Game: How Oklahoma Can Rectify The Discrepancy Between Its No-Impeachment Rule And Peña-Rodriguez V. Colorado, Ryan D. Brown
Oklahoma Law Review
No abstract provided.
Growing Pains: Using Racketeering Law To Protect Property Rights From State-Sanctioned Marijuana Operations, Marci J. Gracey
Growing Pains: Using Racketeering Law To Protect Property Rights From State-Sanctioned Marijuana Operations, Marci J. Gracey
Oklahoma Law Review
No abstract provided.
Title Vii’S Deficiencies Affect #Metoo: A Look At Three Ways Title Vii Continues To Fail America’S Workforce, Taylor J. Freeman Peshehonoff
Title Vii’S Deficiencies Affect #Metoo: A Look At Three Ways Title Vii Continues To Fail America’S Workforce, Taylor J. Freeman Peshehonoff
Oklahoma Law Review
No abstract provided.