Oregon Law Review : Vol. 86, No. 1 (2007)

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    Oregon Law Review : Vol. 86 No. 1, p.065-098 : Anticonsultative Trends in Nonprofit Governance
    (University of Oregon School of Law, 2007) Silber, Norman I.
    Prompted by economic, political, and cultural changes buffeting the nonprofit sector, public demand for greater financial accountability on the part of nonprofit organizations has intensified in recent decades. Increasingly, this demand is reflected by the imposition of new legal standards on directors and managers, and also on the employees and consultants on which they rely. These newer impositions include additional federal and state disclosure rules, changes to state corporation laws and federal tax laws, and stringent court interpretations of existing common-law fiduciary duties.
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    Oregon Law Review : Vol. 86 No. 1, p. 161-218 : Imagining a Progressive and Comprehensive Consumption Tax
    (University of Oregon School of Law, 2007) Raft, Sean
    This Article proposes the graduated consumption tax model as a practical alternative to remove the tax-filing burden from the individual taxpayer while progressively generating comparable revenue amounts. The graduated consumption tax model imposes differential tax rates on the consumption of all goods and services, both at the production and retail levels. The rate attached to each good or service would depend on the item’s character–whether it is a “necessity” or a “luxury.” The items characterized as most necessary would be assessed at the lowest tax rates while those characterized as most luxurious would be assessed at the highest. All other consumables would be taxed at a rate somewhere in between.
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    Oregon Law Review : Vol. 86 No. 1, p. 219-248 : How to Stop a Predator: The Rush to Enact Mandatory Sex Offender Residency Requirements and Why States Should Abstain
    (University of Oregon School of Law, 2007) Boyd, Justin H.
    A new trend in state legislation emerged as twenty-two states entered legally unsettled waters by enacting various residency restrictions for convicted sex offenders. Legislators tout the need for such residency restrictions to reduce child sex offenders’ opportunities for contact with potential victims. However, courts disagree whether these new laws are constitutional, and research increasingly questions their utility. This Comment will first look at the primary legal questions facing the courts, examining various legal challenges to state residency restrictions and the limited research surrounding the efficacy of such restrictions. Next, this Comment will address the 2006 California ballot measure Proposition 83, which serves as a practical case study of these new restrictions and their unsettled legal ramifications. Finally, this Comment will examine Oregon’s nonmandatory residency restriction and explain why it serves as the best model for achieving the goals of protecting our children, monitoring the sex offender population, and withstanding judicial review. Ultimately, this Comment will attempt to show that research on mandatory residency restrictions may affect the way future courts rule on these restrictions. This Comment will also attempt to persuade those presently in favor of mandatory residency restrictions that more flexible, nonmandatory restrictions will increase the likelihood of achieving their stated objectives.
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    Oregon Law Review : Vol. 86 No. 1, p. 001-064 : Defense Access to a Prosecution Witness's Psychotherapy or Counseling Records
    (University of Oregon School of Law, 2007) Fishman, Clifford S.
    While preparing for trial, defense counsel learns that a key prosecution witness has undergone psychotherapy or other counseling. Under what circumstances, if any, should counsel be allowed to examine or use records of that therapy or counseling to impeach the witness’s testimony?
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    Oregon Law Review : Vol. 86 No. 1, p.249-294 : Cages, Clinics, and Consequences: The Chilling Problems of Controlling Special-Interest Extremism
    (University of Oregon School of Law, 2007) Johnson, Dane E.
    Part I of this Comment provides a background on AETA from its origins in the bioresearch industry to its adoption as law. Part II compares the crimes of militant animal protectionists with those of militant abortion opponents. Part III then compares AETA and FACE, analyzing AETA’s constitutionality using as a model decisions upholding FACE. Part III concludes that AETA does not violate the First Amendment. Part IV argues that since AETA is likely to withstand First Amendment scrutiny, the law legitimizes an inconsistent use of the terrorism label that will hinder protected protest activity. Finally, Part V suggests reasons that this chilling effect is not benign, including societal consequences of constraining protest and economic consequences for protested enterprises.
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    Oregon Law Review : Vol. 86 No. 1, p. 099-160 : Reconciliation and Nonrepetition: A New Paradigm for African-American Reparations
    (University of Oregon School of Law, 2007) Burkett, Maxine
    The contemporary paradigm for African-American reparations fundamentally fails to address what should be its most vital component. Of the three essential elements of a successful reparations campaign–apology, award, and nonrepetition through reconciliation–the most vital is nonrepetition. In past “successful” reparations campaigns, the offending parties have issued apologies and awards, but have neither challenged nor dismantled the attitudes or infrastructures from which wrongful acts emerged, leaving open the likelihood of wrongful acts occurring again. Any campaign that neglects the nonrepetition element runs the risk of strengthening the status quo. In this Article, Professor Burkett argues that in order for a reparations campaign to be a true success for African-Americans, it must include a nonrepetition element. To do so, the reparations movement must embrace a reconciliation model that is forward looking, and concerned with the methods of deterring future bad acts for ultimate, complete, and successful repair. In the current discourse on African-American reparations, Professor Burkett argues, nonrepetition through reconciliation is woefully underemphasized. The incorporation of the nonrepetition element is particularly important in the American context. From the nation’s earliest days, the American political and economic landscape has evolved in a particularly pernicious manner, creating and entrenching a racial and economic hierarchy that persistently subjugates African-Americans and other of-color and lowincome communities. Professor Burkett argues that in this context, a multiracial, multiethnic, and cross-class reconciliation model is vital to the success of the African-American campaign. This broad-based approach, the author maintains, is the only way to ensure nonrepetition.