Oregon Law Review : Vol.101, No.2 (2023)
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Item Open Access A Mother’s Domicile in the Indian Child Welfare Act: In re Adoption of B.B.(University of Oregon School of Law, 2024-05-01) Kelly, MargaretDomicile is an essential part of Indian Child Welfare Act because it often determines which court—tribal or state—will decide the fate of an Indian child in an adoption proceeding. In cases involving newborn babies, for example, the determination of a child’s domicile focuses on the child’s parents, namely the mother. In recent years, some courts have used relaxed domicile standards that are inconsistent with congressional intent in order to give the state jurisdiction and deny tribes the power to adjudicate. This Note uses "In re Adoption of B.B." to examine an Indian mother’s domicile in relation to ICWA. It argues that Congress’s concern about the state-sanctioned removal of Native American children from their homes and tribes must remain part of the consciousness of judges who determine the fate of Native American children.Item Open Access Abortion Law as Protection Narrative(University of Oregon School of Law, 2024-05-01) Inniss, Lolita BucknerThis is Article explores the 1820 criminal case of Connecticut minister Ammi Rogers. It uses an analytical, legal, and historical approach to explore the story of Ammi Rogers and what his story offers to our understanding of contemporary considerations of abortion. This Article, however, goes well beyond the historic account conveyed in legal documents and incorporates an approach more often seen in literature—a narrative analysis of law. The combination of legal, historical, and narrative analysis reveals the history, culture, and politics that have played a part in how we understand abortion in the United States.Item Open Access Toward a More Comprehensive Plea Bargaining Regulatory Regime(University of Oregon School of Law, 2024-05-01) Covey, Russell D.This Article describes the lawless nature of the plea bargaining system. It argues that although there are bodies of law that deal with guilty pleas and aspects of procedure that are relevant to plea bargaining, there is very little law that regulates plea bargaining itself. This Article argues that these aspects of plea bargaining have contributed to some of the most dysfunctional aspects of modern criminal justice, including mass incarceration and an overindulgence in “assembly-line justice.”Item Open Access Private Delegations and Eminent Domain(University of Oregon School of Law, 2024-05-01) Asbridge, Jessica L.This Article is the first to explore why private delegations of the eminent domain power have received such different treatment from other private delegations of legislative power and to critically analyze these delegations under the Supreme Court’s modern due process, separation-of-powers, and takings jurisprudence. It ultimately concludes that these delegations generally should be viewed as presumptively invalid absent meaningful government oversight over the exercise of the power.Item Open Access Parents v. COVID: The Core and the Limits of the Parental Right to Direct Education(University of Oregon School of Law, 2024-05-01) Johansen, KellenItem Open Access Cow Methane-Reduction Wearable Technology and Animal Welfare: Humane Solutions to Lessen Livestock’s Environmental Impact(University of Oregon School of Law, 2024-05-01) Obek, AnnaThis Comment proceeds in five parts. Part I examines the importance and relationship between methane emissions and the agricultural livestock industry within the context of mitigating climate change. Part II provides an overview of livestock wearable technology and discusses ZELP’s methane-reduction mask for cattle, the company’s welfare considerations, and efficacy. Part III analyzes ZELP’s methane-reduction mask through the California and Wisconsin animal cruelty statutes. Part IV discusses the ZELP methane-reduction device’s potential psychological impact on cows, and Part V provides alternative methods for reducing livestock’s environmental impact.Item Open Access Navajo Statehood: From Domestic Dependent Nation to 51st State(University of Oregon School of Law, 2024-03-01) Mullenix, Philip S.; Rosser, EzraThe inability or unwillingness of the U.S. Supreme Court, and to some extent all other non-Indian governance institutions at the state and federal level, to take tribal sovereignty seriously forces a question: Should the Navajo Nation pursue statehood? Such a question may seem far-fetched or merely an academic thought experiment, but there is historical precedent for contemplating the idea that an Indian nation might form a state. Moreover, journalists, academics, and politicians have floated the possibility that the Navajo Nation already meets many of the attributes required to form a new state. So, although the idea of the Navajo Nation becoming the fifty-first state of the Union seems far fetched, considering the possibility provides a way to better understand both statehood and the hard choices Indian nations must make.