Resources

Issue Archive

Volume 41

Number 5 — Symposium 2005

Laboratories of Democracy: Federalism and State Law Independency
Speech

Articles

Number 4 — Fall 2005

Articles

Comments

Number 3 — Survey 2005

Ninth Circuit Survey

Case-notes

Number 2 — Spring 2005

Articles

Comment

Number 1 — Winter 2005

Articles

Comment

Volume 40

Number 4 — Fall 2004

Articles

Number 3 — Summer 2004

Articles

Comment

Number 2 — Spring 2004

Article

Comment

Note

Number 1 — Winter 2004

Articles

Volume 39

Number 4 — Fall 2003

Symposium: Selection of State Appellate Judges
Keynote Address

Current State Appellate Judicial Elections

Judicial Campaigns and Voters' Experience

Lunch Speaker

Political Party Affiliation in Partisan and Nonpartisan Judicial Elections

Reform Proposals

Comment

Appendix

Number 3 — Summer 2003

Articles

Comments

Number 2 — Spring 2003

Articles

Notes

Volume 38

Number 4 — Fall 2002

Speech

  • Seven Myths about Affirmative Action in Universities by Lee Bollinger

Articles

  • The Illusionary Aspect of "Private Choice" for Constitutional Analysis by Steven K. Green
  • Student Drug Testing Since Vernonia: "Guidance Down the Slippery Slope" by Paul Goodwin

Comments

  • Higher Education Admissions and Diversity: The Continuing Vitality of Bakke v. Regents of the University of California and An Attempt to Reconcile Powell's and Brennan's Opinions by Steven M. Kirkelie
  • Oregon's "Bully Bill": Are We Needlessly Repressing Student Speech in the Name of School Safety by Carmen M. Snook

Number 3 — Summer 2002

Articles

  • Politicizing State Judicial Elections: A Threat to Judicial Independence by Paul J. De Muniz

Comment

  • Revisiting Article I, Section 5 of the Oregon Constitution: The Application of Priest v. Pearce and an Evaluation of the Oregon School Tax Credit by Paul J. De Muniz

Note

  • The Constitution of Oregon's Split-Recovery Punitive Damages Statue by Junping Han

Number 2 — Spring 2002

Articles

  • Of Prisoners and Plaintiffs' Lawyers: A Tale of Two Litigation Reform Efforts by Roger Roots
  • Public Policy Challenges to Labor Arbitration Awards: Still a Safe Harbor for Silly Fact Finding? by Paula A. Barran & Todd A. Hanchett

Comments

  • The Perils of the Capper-Volstead Act and Its Judicial Treatment: Agricultural Cooperation and Integrated Farming Operations by David P. Claiborne
  • Pleading Versus Proving Scienter Under the Private Securities Litigation Reform Act of 1995 in the Ninth Circuit After in Re-Silicon Graphics and Howard v. EVEREX: Meet The Pleading Standard and the Fat Lady has Already Sung by Brent Wilson

Number 1 — Winter 2002

Articles

  • Grand Illusion? The Brandenburg Test and Speech That Encourages or Facilitates Criminal Acts by Marc Rohr
  • Navigability and Public use: Charting a Course Up the Sandy River by Jennie L. Bricker
  • Cracking Down on Soccer Moms and Other Urban Legends on the Frontier of the Fourth Amendment: Is it Finally Time to Redefine Searches and Seizures? by Gregory S. Fisher

Comments

  • Visages of Janus: The Heavy Burden of Other Constituency Anti-Takeover Statutes on Shareholders and the Efficient Market for Corporate Control by Ryan J. York

Volume 37

Number 4 — Fall 2001

Articles

  • Gene Patent Policy: Does Issuing Gene Patents Accord with the Purposes of the U.S. Patent System? by Ryan J. York by James Bradshaw
  • A Blank Check: The Ninth Circuit's Preclusion of Substantive Due Process Inquiry in Takings Cases by Jeffrey R. Jones
  • Pain Relief, Death With Dignity, and Commerce: The Constitutionality of Congressional Attempts to Regulate Physician-Assisted Suicide in Oregon Via the Commerce Clause After Lopez and Morrison by Stephanie Hendricks
  • AT&T V. City of Portland-A Decision Without A Resolution: The Ongoing Debate over Open Access to Broadband Internet Technology by Nicole M. Payne

Number 3 — Fall 2001

Articles

  • There's Something About LUBA (Land Use Board of Appeals) by Mary J. Deits & Martin B. Vidgoff
  • Reviewing the Reviewer: The Impact of the Land Use Board of Appeals on the Oregon Land Use Problem, 1979-1999 by Edward J. Sullivan
  • Marriage and Democracy in Oregon: The Meaning and Implications of Tanner v. Oregon Health Sciences University by William C. Duncan & David Organ Coolidge
  • Constitutional and Family Law Implications of the Sleeper and TroxelL Cases: A Denouement for Oregon's Psychological Parent Statute? by Philip F. Schuster II
  • Forum Over Substance: The Empty Ritual of Balancing in Regulatory Takings Jurisprudence by Basil H. Mattingly
  • "What Part of 'Zero' Don't you Understand?" The Arbitration of Sexual Harassment Discipline and "Zero Tolerance" Policies by Robert Perkovich & Anita M. Rowe

Number 2 — Spring 2001

Articles

  • Confronting Your Abuser in Oregon: A New Domestic Violence Hearsay Exception by Peter R. Dworkin
  • They Toil Not, Neither Do They Spin: Civil Liability Under the Oregon Securities Law by Peter R. Dworkin
  • A Window For Change: Conflicting Ideologies and Legal Reforms in Late Nineteenth-Century Oregon by Inara K. Scott

Number 1 — Winter 2001

Articles

  • American Choice of Law at the Dawn of the 21st Century by Symeon C. Symeonides

Panel Presentations

  • How Do You Rate a Century? by Friedrich K. Juenger
  • Currie's Interest Analysis in the 21st Century: Losing the Battle, but Winning the War by Herma Hill Kay
  • American Conflicts at the Dawn of the 21st Century by Arthur T. von Mehren
  • Mass Tort Jurisdiction and Choice of Law in a Multinational World Communicating by Extraterrestrial Satellites by Jack B. Weinstein
  • Getting the Conflicts of Laws Y2K-Ready by Russell J. Weintraub

Commentaries

  • Substantive, Multilateral, and Unilateral Choice-of-Law Approaches by Stanley E. Cox
  • Making Choices of Law Together by James A.R. Nafziger
  • Interest Analysis, "Multistate Policies," and Considerations of Fairness in Conflicts Torts Cases by Robert A. Sedler
  • Conflicts Empiricism by Gene R. Shreve
  • During the Deficiencies of the Conflicts Revolution: A Proposal for National Legislation on Choice of Law, Jurisdiction, and Judgments by Ralph U. Whitten

Volume 36

Number 4 — Fall 2000

Articles

  • Public Sanctions, Private Liability, and Judicial Responsibility by Michael Traynor
  • Thoughts on the Role of Legislation in Tort Cases by Harvey S. Perlman
  • Statues and Torts: Comparing the United States to Australia, Canada, and England by Caroline Forell
  • Why We Do (or Don't): A Legislator's Perspective on Private Right of Action by Lane Shetterly
  • Public Sanctions, Public Liability in Oregon-The Case for Legislative Action and Judicial Restraint by Stephen K. Bushong
  • Private Remedies for Public Purposes by Jeffrey Standen
  • The Dance of Statutes and the Common Law: Employment, Alcohol, and Other Torts by Henry H. Drummonds

Number 3 — Summer 2000

Articles

  • A Legislative History of the Oregon Constitution of 1857 - Part I (Articles I and II)by Claudia Burton & Andrew Grade

Number 2 — Spring 2000

Articles

  • How an Idea Really Becomes Law: What Only Jacques Cousteau Can Known by Gregory Chaimov
  • Finding Middle Ground: Oregon Experiments With a Central Hearing Panel for Contested Case Proceedings by David W. Heynderickz
  • Senate Bill 100: Creating Public School Choice Through Charter Schools by Cindy Hunt
  • Confronting Capital Punishment: A Fresh Perspective on the Constitutionality of the Death Penalty Statutes in Oregon by Stephen Kanter

Comment

  • The Reasonable Expectation Doctrine and Senate Bill 546: Toward a Bright-Line Rule for Corporate Oppression in Close Corporations by Jeff Garrett
  • Note "Hey, that's my Tree!"-An Analysis of the Good-Faith Contract Logger Exemption from the Double and Trebel Damage Provisions of Oregon's Timber Trespass Action by David H. Bowser

Number 1 — Winter 2000

Articles

  • Dialing for Discourse: The Search for the "Ever After" by Michael A. Mogill
  • Y2K: A "Fortuitous" Loss? by Douglas G. Houser & Linda M. Bolduan
  • We're Listening! Electronic Eavesdropping, FISA, An the Secret Court Gerald by H. Robinson

Comment

  • Cleaning Up the Oregon Revised Statues: A Modest Proposal on Public Bodies by William R. Long

Notes

  • Staking A Claim in Cyberspace: An Overview of Domain Name Disputes by Sung Yang
  • Employer Liability for Workplace Sexual Harassment Perpetrated by Supervisors: The Vicarious Liability Standard of Burlington Industries, INC. v. Ellerth and Faragher v. City of Boca Raton by Kristin Piepmeier

Volume 35

Number 4 — Fall 1999

Family Law Symposium: Children and Divorce: Custody and Support Issues Part 2
Articles

  • Domestic Violence and Custody: Importing the American Law Institute's Principles of the Law of Family Dissolution by Merle H. Weiner
  • The Proposed Ali Child Support Principles by Leslie Joan Harris

Essay

  • De Facto Parents and the Unfulfilled Promise of the New Ali Principles by Julie Shapiro
  • The Constitutional Implications of the Federalization of Child Support Law by Maureen Callahan VanderMay

Notes

  • Parental Substance Abuse: Oregon's Progressive Approach to Treatment and Child Protection can Support Children, Women and Families by Katheryn T. Jones

Number 3 — Summer 1999

Family Law Symposium: Children and Divorce: Custody and Support Issues Part 1
Articles

  • Child Custody in the 21st Century: How the American Law Institute Proposes to Achieve Predictability and Still Protect the Individual Child's Best Interests by Katherine T. Bartlett
  • Mandating Mediation of Money: The Implications of Enlarging the Scope of Domestic Relations Mediation from Custody to Full Service by Richard Birke
  • Child Custody in the New Millennium: The Ali's Proposed Model Contrasted with Oregon's Law by Kathy T. Graham
  • Programs for High-Conflict Families by Hugh McIsaac
  • Relocation of Parents in Modification of Parenting Plans in Oregon by Mitzi M. Naucler

Comment

  • Strengthening the Father-Child Relationship Through a Joint Custody Presumption by Stephanie N. Barnes

Note

  • The Constitutional Shaping of Oregon's Trade Secret Law: State ex Rel. Sports Management News V. Nachtigal by Nicole M. Rhoades

Number 2 — Spring 1999

Articles

  • Eyeing the Circle: Finding a Place for Spirituality in a Law School Clinic by Calvin G.C. Pang
  • Nascent Modernity in the Case of Sherwood v. Walker-An Intertextual Proposition by Alani Golanski
  • The U.N. Convention on International Sales and the Seller's Ineffective Right of Reclamation under the U.S. Bankruptcy Code by Michael A. Tessitore

Essays

  • Letter to a Law School Graduate by Ann K. Chapman

Number 1 — Winter 1999

Articles

  • Minimalism, Desuetude, and Fornication by Robert Misne
  • The Prosecution of Billy Budd (Ultra Vires of Positive Law) by Jami K. Elison
  • Singled Out: Oregon's Punitively Under Inclusive Sex Offender Registration and Notification Provisions by Sean D. Schrock
  • Recovering Attorney Fees in Oregon Under a Unique Tort: Misrepresentation in the Real Estate Sale Transaction by Eric A. Faas

Essays

  • The Misunderstood Origins of the Plenary Power Doctrine by Maureen Callahan VanderMay
  • Buried Voices, Dominant Themes: Justice Hans Linde and the Move to Structural Constitutional Interpretation by Marci A. Hamilton

Comment

  • Achieving River Access in the Beach Access State by William A. Lund

Note

  • Ilota's Uncertain Future After Philips v. Washington Legal Foundation by Kymberlee Barrow-Stapleton

Volume 34

Number 3 and 4 — Winter 1998

Symposium Issue
Introduction

  • Taking Oregon's Initiative Toward a New Century by Hans A. Linde

Second Annual Paulus Lecture Series

  • The Communion of Strangers: Representative Government, Direct Democracy, and the Privatization of the Public Sphere by Philip P. Frickey

Articles

  • Is It Animus Or A Difference of Opinion? The Problems Caused by the Invidious Intent of Anti-Gay Ballot Measures by William E. Adams, Jr.
  • Interpreting Statues Enacted by Initiative: An Assessment of Proposals to Apply Specialized Interpretive Rules by Jack L. Landau

Essays

  • Deliberations about Democracy: Revolutions, Republicanism, and Reform by Robert Henry
  • Men Are Not Angels: The Realpolitik of Direct Democracy and What We Can Do about It by Eric Lane
  • Is Direct Democracy Anti-Democratic? by Clayton P. Gillette
  • The Ghost of Initiatives Yet to Come by Jennifer Friesen
  • The Guarantee Clause and Direct Democracy by Hardy Myers
  • Budgeting by Initiative: An Oxymoron by William M. Lunch
  • Direct Democracy in Oregon-Some Suggestions for Change by Leroy J. Tornquist
  • The Impact on Legislative Committees and Legislative Processes of the use of the Initiative in the American West by Stefan Kapsch &Peter Steinberger

Presentations

  • The Role of Partisans in the Initiative Debate by Phil Keisling
  • The Initiative Process in Oregon: Budgetary Impacts and Proposals for Change by Lynn Lundquist
  • Raiding the Initiative: Corporations vs. Citizens by Gregory Kafoury
  • The Paradoxes and Politics of Citizen Initiatives by Thomas E. Cronin
  • "Democracy Is Coming" Lloyd Marbet

Appendix

  • Initiating "Laws" in the Form of "Constitutional Amendments": An Amicus Curiae Brief by David B. Frohnmayer &Hans A. Linde

Number 2 — Spring 1998

Articles

  • Communicating Between the Planets: Law Reform for the Twenty-First Century by Dominick Vetri
  • What Does Ambiguous Mean? Making Sense of Statutory Analysis in Oregon by Steven J. Johansen
  • The Promise of a New Day: Senate Bill 880 and its Impact on Teacher and Administrator Employment and Accountability David W. Turner &Ronald E. Wilson
  • Vega V. S.B.645: Underinsured Motorist Coverage and the Exhaustion Clause by Joel S. DeVore
  • Vote-by-Mail in the State of Oregon by Priscilla L. Southwell &Justin Burchett

Comment

  • Why Vatical Settlements Constitute Investment Contracts Within the Meaning of the 1933 and 1934 Securities Acts by Dave Luxenberg

Number 1 — Winter 1998

Articles

  • International and Foreign Law Right Here in River City by James A.R. Nafziger

Comments

  • NSMIA and Oregon Securities Registration Laws: Is Oregon's Blue Sky Falling? by Heather J. Van Meter
  • Attorney Fees in State Constitutional Litigation: A Proposed Legislative Reform for Oregon by Sean D. Schrock
  • Sitting of Cellular Relay Teorws: Are Prohibitive Land Use Regulations Consistent With Oregon's Constitutional Guarantee of Free Expression? by Daniel J. Drazan

Notes

  • Requiem for Robertson: The Life and Death of a Free-Speech Framework in Oregon by William R. Long
  • What's in a Name? The Battle Over Ballet Titles in Oregon by William A. Lund