Oregon Law Review : Vol. 96, No. 2 (2018)
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Browsing Oregon Law Review : Vol. 96, No. 2 (2018) by Subject "Oregon Constitution"
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Item Open Access After Horton—Damages Caps and the Remedy Clause(University of Oregon School of Law, 2018-04-10) Hallman, W. EugeneThe cap on noneconomic damages of ORS 31.710(1) was declared unconstitutional in 1999 as a violation of the right to a jury trial under article I, section 17, of the Oregon Constitution. Lakin, in turn, was overruled by Horton v. Oregon Health & Science University. With the removal of the jury trial underpinnings of Lakin, the constitutionality of noneconomic damages caps is again in play.Item Open Access The Constitutional Authority of Oregon Juries: Drawing the Line on Legislative Encroachment(University of Oregon School of Law, 2018-04-10) Eiva, TravisThis Article questions the Oregon Supreme Court’s analysis and, ultimately, its holding in Horton. Specifically, the Article reviews the history of the civil jury trial, leading up to its inclusion in the Oregon Constitution. It compares that history to the historical conclusions emphasized by the Horton court to justify its decision. The comparison suggests that the court’s reasoning in Horton is flawed by the omission of important historical context and events. The Article concludes that Horton was wrongly decided and that the court should revisit the matter at the earliest opportunity to restore the protections afforded to Oregon’s citizens by the civil jury.Item Open Access Horton: The Remedy Clause and the Right to Jury Trial Provisions of the Oregon Constitution(University of Oregon School of Law, 2018-04-10) Marmaduke, SusanThe Horton decision, its meaning, and its significance for statutes that eliminate causes of action or curtail the recoverable damages for various torts have been the subject of much debate and litigation. The Oregon Court of Appeals recently issued several decisions applying Horton, at least some of which may be reviewed by the Oregon Supreme Court.Item Open Access The Jury Trial and Remedy Clauses(University of Oregon School of Law, 2018-04-10) Chemerinsky, ErwinTranscript of a symposium presentation.Item Open Access Oregon's History on Caps and the Outlook After Horton(University of Oregon School of Law, 2018-04-10) Dahab, NadiaThe point of this article is to examine how tort reform happened in Oregon.Item Open Access Setting the Stage(University of Oregon School of Law, 2018-04-10) Schuman, DavidHorton vs. Oregon Health & Science University.