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Articles 961 - 990 of 11880
Full-Text Articles in Law
“Dramatically Altered The Legal Landscape”? City Of Sherrill V. Oneida Indian Nation In The Lower Courts, Samuel Pokross
“Dramatically Altered The Legal Landscape”? City Of Sherrill V. Oneida Indian Nation In The Lower Courts, Samuel Pokross
American Indian Law Review
No abstract provided.
Brief Of Amici Curiae Criminal Procedure Professors In Gamble V. United States, No. 17-646, Stephen Henderson, George Thomas, Michael Mannheimer, Kiel Brennan-Marquez
Brief Of Amici Curiae Criminal Procedure Professors In Gamble V. United States, No. 17-646, Stephen Henderson, George Thomas, Michael Mannheimer, Kiel Brennan-Marquez
Other Faculty Publications
The Fifth Amendment guarantees that, “No person shall be ... subject for the same offence to be twice put in jeopardy of life or limb.” Yet that is precisely what happened to Terance Martez Gamble. The State of Alabama prosecuted and convicted him for being a felon in possession of a firearm. Subsequently, the United States initiated a second prosecution for what all parties have assumed is definitionally the same offense, yielding a second conviction. That second, duplicative prosecution and conviction violated the letter and spirit of the Double Jeopardy Clause.As a matter of the Framer’s understanding, as a matter …
The Future Of Freedom Of Expression Online, Evelyn Aswad
The Future Of Freedom Of Expression Online, Evelyn Aswad
Faculty Articles
Should social media companies ban Holocaust denial from their platforms? What about conspiracy theorists that spew hate? Does good corporate citizenship mean platforms should remove offensive speech or tolerate it? The content moderation rules that companies develop to govern speech on their platforms will have significant implications for the future of freedom of expression. Given that the prospects for compelling platforms to respect users’ free speech rights are bleak within the U.S. system, what can be done to protect this important right? In June 2018, the United Nations’ top expert for freedom of expression called on companies to align their …
Studying The "New" Civil Judges, Anna Carpenter, Jessica Steinberg, Colleen Shanahan, Alyx Mark
Studying The "New" Civil Judges, Anna Carpenter, Jessica Steinberg, Colleen Shanahan, Alyx Mark
Faculty Articles
We know very little about the people and institutions that make up the bulk of the United States civil justice system: state judges and state courts. Our understanding of civil justice is based primarily on federal litigation and the decisions of appellate judges. Staggeringly little legal scholarship focuses on state courts and judges. We simply do not know what most judges are doing in their day-to-day courtroom roles or in their roles as institutional actors and managers of civil justice infrastructure. We know little about the factors that shape and influence judicial practices, let alone the consequences of those practices …
How To Sue A Robot, Roger Michalski
How To Sue A Robot, Roger Michalski
Faculty Articles
We are entering the age of robots where autonomous robots will drive our cars, milk cows, drill for oil, invest in stock, mine coal, build houses, pick strawberries, and work as surgeons. Robots, in mimicking the work of humans, will also mimic their legal liability. But how do you sue a robot? The current answer is that you cannot. Robots are property. They are not entities with a legal status that would make them amendable to sue or be sued. If a robot causes harm, you have to sue its owner. Corporations used to be like this for many procedural …
Carpenter V. United States And The Fourth Amendment: The Best Way Forward, Stephen E. Henderson
Carpenter V. United States And The Fourth Amendment: The Best Way Forward, Stephen E. Henderson
Faculty Articles
We finally have a federal ‘test case.’ In Carpenter v. United States, the Supreme Court is poised to set the direction of the Fourth Amendment in the digital age. The case squarely presents how the twentieth-century third party doctrine will fare in contemporary times, and the stakes could not be higher. This Article reviews the Carpenter case and how it fits within the greater discussion of the Fourth Amendment third party doctrine and location surveillance, and I express a hope that the Court will be both a bit ambitious and a good measure cautious. As for ambition, the Court …
Beauty And The Beast: Disney's Use Of The Q And H-1b Visas, Kit Johnson
Beauty And The Beast: Disney's Use Of The Q And H-1b Visas, Kit Johnson
Faculty Articles
The Walt Disney Company made national headlines in 2015 when its former information-technology employees went public with the news that they had been fired and asked to train their replacements: foreign workers holding H-1B visas. Disney’s move was spotlighted during the 2016 presidential campaign as then-candidate Donald Trump railed against Disney’s use of H-1B visas to employ people, “imported from abroad, for the explicit purpose of substituting for American workers at lower pay.” What few appreciate is that Disney is not new to working the immigration laws to its advantage. Just at the Walt Disney World resort in Orlando, Florida, …
Food, Fracking, And Folly, Melissa Mortazavi
Food, Fracking, And Folly, Melissa Mortazavi
Faculty Articles
Few industries in the United States carry the clout and capital of the oil and gas and agricultural sectors. Economic behemoths, their booms and busts shape the destinies of states, define national policy, and secure the life or death of small towns across the United States. Like it or not, the agriculture and oil and gas industries have strong lobbies and vehement and mobilized constituencies. Recent years have seen both sectors facing public push-back on modern trends in extraction, growth, and methods of production. In response to these developments, these industries have used their considerable political capital to seek new …
Character Assassination: Amending Federal Rule Of Evidence 404(B) To Protect Criminal Defendants, Daniel J. Capra, Liesa L. Richter
Character Assassination: Amending Federal Rule Of Evidence 404(B) To Protect Criminal Defendants, Daniel J. Capra, Liesa L. Richter
Faculty Articles
There is a war raging over the admissibility of the prior bad acts of criminal defendants in federal trials. While many circuits treat Federal Rule of Evidence 404(b) as a rule of “inclusion” and liberally admit such prior bad-acts evidence with predictably explosive effects on criminal juries, a few circuits are developing rigorous standards designed to foreclose prosecutorial use of such bad-acts evidence. This Article chronicles the well-documented permissive admission of the prior bad acts of criminal defendants notwithstanding the prohibition on such evidence by Federal Rule of Evidence 404(b)(1), as well as recent efforts by some federal circuits to …
Deep Pocket Jurisprudence: Where Tort Law Should Draw The Line, Victor E. Schwartz, Phil Goldberg, Christopher E. Appel
Deep Pocket Jurisprudence: Where Tort Law Should Draw The Line, Victor E. Schwartz, Phil Goldberg, Christopher E. Appel
Oklahoma Law Review
No abstract provided.
Waiver, Work Product, And Worry: A Case For Clarifying The Waiver Doctrine In Oklahoma, Mitchell B. Bryant
Waiver, Work Product, And Worry: A Case For Clarifying The Waiver Doctrine In Oklahoma, Mitchell B. Bryant
Oklahoma Law Review
No abstract provided.
Adaptation Nation: Three Pivotal Transitions In American Law & Society Since 1886, Mariano-Florentino Cuéllar
Adaptation Nation: Three Pivotal Transitions In American Law & Society Since 1886, Mariano-Florentino Cuéllar
Oklahoma Law Review
No abstract provided.
United States V. Carloss: Should The Police Act Like Good Neighbors?, Cole Mclanahan
United States V. Carloss: Should The Police Act Like Good Neighbors?, Cole Mclanahan
Oklahoma Law Review
No abstract provided.
Taxation Of Gamblers: The House Always Wins, Christine Manolakas
Taxation Of Gamblers: The House Always Wins, Christine Manolakas
Oklahoma Law Review
No abstract provided.
Agriculture And Res Ipsa Loquitur, Chad G. Marzen
Agriculture And Res Ipsa Loquitur, Chad G. Marzen
Oklahoma Law Review
No abstract provided.
No Excuses For Charter Schools: How Disproportionate Discipline Of Students With Disabilities Violates Federal Law, Johanna F. Roberts
No Excuses For Charter Schools: How Disproportionate Discipline Of Students With Disabilities Violates Federal Law, Johanna F. Roberts
Oklahoma Law Review
No abstract provided.
Vindicating The Effective Vindication Exception: Protecting Federal Statutory Rights In The Employment Context, Colby J. Byrd
Vindicating The Effective Vindication Exception: Protecting Federal Statutory Rights In The Employment Context, Colby J. Byrd
Oklahoma Law Review
No abstract provided.
Drilling When The Well Goes Dry: The Oklahoma Corporation Commission & The Police Power Exception To The Automatic Stay, Connor R. Bourland
Drilling When The Well Goes Dry: The Oklahoma Corporation Commission & The Police Power Exception To The Automatic Stay, Connor R. Bourland
Oklahoma Law Review
No abstract provided.
Frontier Feudalism: Agrarian Populism Meets Future Interest Arcana In The Land Of Manifest Destiny, Gerard Michael D’Emilio
Frontier Feudalism: Agrarian Populism Meets Future Interest Arcana In The Land Of Manifest Destiny, Gerard Michael D’Emilio
Oklahoma Law Review
No abstract provided.
Rebuilding Trust? The Sand Creek Massacre And The Federal-Tribal Trust Relationship In Flute V. United States, Alexander Sokolosky
Rebuilding Trust? The Sand Creek Massacre And The Federal-Tribal Trust Relationship In Flute V. United States, Alexander Sokolosky
Oklahoma Law Review
No abstract provided.
Ferpa Close-Up: When Video Captures Violence And Injury, Kitty L. Cone, Richard J. Peltz-Steele
Ferpa Close-Up: When Video Captures Violence And Injury, Kitty L. Cone, Richard J. Peltz-Steele
Oklahoma Law Review
No abstract provided.
Combating Prosecutorial Misconduct In Closing Arguments, Michael D. Cicchini
Combating Prosecutorial Misconduct In Closing Arguments, Michael D. Cicchini
Oklahoma Law Review
No abstract provided.
Editor’S Introduction, Mitchell B. Bryant
(At Least) Thirteen Ways Of Looking At Election Lies, Helen Norton
(At Least) Thirteen Ways Of Looking At Election Lies, Helen Norton
Oklahoma Law Review
No abstract provided.
Truth, Courage, And Other Human Dispositions: Reflections On Falsehoods And The First Amendment, Jonathan D. Varat
Truth, Courage, And Other Human Dispositions: Reflections On Falsehoods And The First Amendment, Jonathan D. Varat
Oklahoma Law Review
No abstract provided.
Suing The President For First Amendment Violations, Sonja R. West
Suing The President For First Amendment Violations, Sonja R. West
Oklahoma Law Review
No abstract provided.
The Right To Receive Foreign Speech, Joseph Thai
The Right To Receive Foreign Speech, Joseph Thai
Oklahoma Law Review
No abstract provided.
A Right To Care, Stacey A. Tovino
A Right To Care, Stacey A. Tovino
Faculty Articles
In this Article, Professor Stacey Tovino examines the right to care through a personal and historical lens, then attempts to fill a scholarly gap in legal literature surrounding the right to skilled care and rehabilitation for patients with group or commercial insurance. Professor Tovino first recounts the history of Medicare coverage for skilled care and rehabilitation, then she examines the limitations of group and commercial insurance, finally concluding by asserting a right to care.
The Right To Counsel In Criminal Cases: Still A National Crisis, Mary Sue Backus, Paul Marcus
The Right To Counsel In Criminal Cases: Still A National Crisis, Mary Sue Backus, Paul Marcus
Faculty Articles
In 1963, Gideon v. Wainwright dramatically changed the landscape of criminal justice with its mandate that poor criminal defendants be entitled to legal representation funded by the government. As scholars and practitioners have noted repeatedly over more than fifty years, states have generally failed to provide the equal access Gideon promised. This Article revisits the questions raised by the authors over a decade ago when they asserted that a genuine national crisis exists regarding the right to counsel in criminal cases for poor people. Sadly, despite a few isolated instances where litigation has sparked some progress, the issues remain the …
An Introductory Essay: Old Principles For An (Allegedly) Brave New World, Harry F. Tepker
An Introductory Essay: Old Principles For An (Allegedly) Brave New World, Harry F. Tepker
Faculty Articles
No abstract provided.