Oregon Law Review : Vol. 99, No. 1 (2020)
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Item Open Access TRIBUTE TO JUDGE DAVID SCHUMAN(University of Oregon School of Law, 2020-12-22) Walters, Hon. Martha LeeItem Open Access The Gift That Keeps on Taking: How the TCJA Undermines Societal Health(University of Oregon School of Law, 2020-12-22) Petrik, ReeceThis Comment will focus on how recent changes to the standard deduction under the TCJA have altered the charitable behaviors of U.S. citizens. Further, it argues these changes will likely cause greater income inequality and worse health outcomes for some of the most vulnerable portions of the U.S. population.Item Open Access TRIBUTE TO JUDGE DAVID SCHUMAN(University of Oregon School of Law, 2020-12-22) Sykora, Hon. Alycia N.Item Open Access TRIBUTE TO JUDGE DAVID SCHUMAN(University of Oregon School of Law, 2020-12-22) Landau, Hon. Jack L.Item Open Access TRIBUTE TO JUDGE DAVID SCHUMAN(University of Oregon School of Law, 2020-12-22) Oregon Law Review Editorial BoardItem Open Access Resolving the “Willfulness” Conundrum: Romag Fasteners, Inc. v. Fossil, Inc., a Case Note(University of Oregon School of Law, 2020-12-22) Mannis, JackPart I of this Note traces the history and purpose of the Lanham Act. Part II discusses the split among circuit courts, both before and after the addition of the 1999 amendment, regarding the willfulness requirement. Part III discusses Romag Fasteners, Inc. v. Fossil, Inc., the case’s history, as well as the parties’ arguments before the Supreme Court. Part IV discusses the Supreme Court’s recent decision to decline to adopt a bright-line rule requiring a finding of willfulness before awarding a defendant’s profits, and instead to adopt a factor-based approach, whereby willfulness is one of several important factors to consider. Finally, Part V unpacks the policy implications that resulted from the Supreme Court’s decision to adopt a factor-based approach and how such a decision ultimately serves the broader purposes of the Lanham Act.Item Open Access Storytelling and Relevancy(University of Oregon School of Law, 2020-12-22) Krieger, Stefan H.; Krieger, Jonathan D.While many scholars tout the significance of storytelling in presenting a persuasive case, they have not considered the roles that the relevancy rules play in inhibiting and facilitating the storytelling process. Nor have they addressed how procedural and evidentiary rules have affected the presentation of narratives in the modern trial system. Simply put, these scholars have failed to confront the theories underlying the probabilistic paradigm. In this context, we will address the relationship between the rules of relevancy and narrative theory.Item Open Access Taking (Animal-Based) Meat and Ethics off the Table: Food Labeling and the Role of Consumers as Agents of Food Systems Change(University of Oregon School of Law, 2020-12-22) Negowetti, Nicole E.This Article is the first legal scholarship to critically examine one market-based strategy to actualize the change—the production and widespread availability and acceptance of plant-based meat to shift consumers away from industrial animal-based meat—and to explore the role of labeling in effectuating the theory of change. In particular, this Article identifies and then applies the seemingly contrasting narratives of plant-based meat as both normal and transformative—that is, the same as, but critically different and better than animal-based meat.Item Open Access TRIBUTE TO JUDGE DAVID SCHUMAN(University of Oregon School of Law, 2020-12-22) Brown, Hon. KateItem Open Access TRIBUTE TO JUDGE DAVID SCHUMAN(University of Oregon School of Law, 2020-12-22) Epps, GarrettItem Open Access TRIBUTE TO JUDGE DAVID SCHUMAN(University of Oregon School of Law, 2020-12-22) Bell, KristenItem Open Access When the Friendly Skies Are Not So Friendly: The Proper Venue for Prosecuting In-Flight Crime(University of Oregon School of Law, 2020-12-22) Couey, JordanThis Comment argues that Congress should enact legislation to ensure that the landing district is a proper venue for in-flight crimes.Item Open Access Default Culpability Requirements: The Model Penal Code and Beyond(University of Oregon School of Law, 2020-12-22) England, ScottThis Article examines section 2.02(3) of the Model Penal Code, both as proposed by the ALI and as modified by MPC states, and recommends new default culpability rules to replace it.Item Open Access TRIBUTE TO JUDGE DAVID SCHUMAN(University of Oregon School of Law, 2020-12-22) Aubin, MelissaItem Open Access TRIBUTE TO JUDGE DAVID SCHUMAN(University of Oregon School of Law, 2020-12-22) Rocklin, Robert B.