Oregon Law Review : Vol.101, No.2 (2023)
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Browsing Oregon Law Review : Vol.101, No.2 (2023) by Subject "Constitutional law"
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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.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 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.”