Oregon Law Review : Vol. 97, No. 1 (2018)
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Item Open Access Buying into Criminal Liability: Resolving the Circuit Split over the Buyer-Seller Rule in Federal Drug Conspiracy Jurisprudence(University of Oregon School of Law, 2019-02-14) Murphy, KeeganImagine two similar-sounding stories. In the first, a methamphetamine dealer purchases a half ounce of product, which she gives to her husband to resell to his customers. In the second, a different methamphetamine dealer regularly purchases two ounces of product at a time from his supplier to resell to his customers. Both dealers are ultimately prosecuted for conspiring to distribute a controlled substance under the Controlled Substances Act and are convicted, but the results on appeal are dramatically different. In the first scenario, the defendant’s conviction is affirmed, and she is sentenced to twelve years in prison. In the second, the defendant’s conviction is overturned because the court determines that the evidence is insufficient to convict for conspiracy, and he gets off completely scot-free. As it turns out, these scenarios and the disparity in their outcomes are more than just hypothetical—each comes from a real federal case decided during the past three years. The reason for such a dramatic difference in these cases’ outcomes is a circuit split in the interpretation of an obscure rule of federal drug conspiracy law: the buyer-seller rule.Item Open Access Dethroning the Hierarchy of Authority(University of Oregon School of Law, 2019-02-14) Griffin, Amy J.Authority is the foundation of legal analysis. Our legal system is based on the rule of law ideal, and law is well understood to be “an authority-soaked practice.” In contrast to many other fields, or everyday decision-making and reasoning processes, law places greater reliance “on the source rather than the content (or even the correctness) of ideas, arguments, and conclusions.” Legal analysis without the explicit support of appropriate authority is perceived as illegitimate, as evidenced by the profession’s emphasis on the value of abundant citations. Use of legal authority is one of the very first concepts introduced to every first-year law student and one of a lawyer’s most essential responsibilities.Item Open Access The Litigation Privilege as a Shelter for Miscreant Legal Counsel(University of Oregon School of Law, 2019-02-14) Steinberg, Marc I.; Weissler, Logan J.Public disdain for lawyers is a time-honored tradition. Whether a consequence of not understanding the role of legal counsel, high legal fees, unscrupulous practices, or the perception that lawyers are “hired guns,” the less-than-stellar reputation of lawyers overshadows the important function they play in maintaining the rule of law in democratic societies. Enhancing public faith in the legal profession must successfully address personal attorney conduct. This Article focuses on the overzealous embracement by courts of a doctrine that provides broad protection to shield attorney misconduct—the Litigation Privilege (or the “Privilege”).Item Open Access Oregon’s Bill of Rights for Children of Incarcerated Parents: A Step in the Right Direction(University of Oregon School of Law, 2019-02-14) Bardol, SarahThere is a largely unaddressed problem in Oregon: Currently, there are more than 70,000 children in Oregon who have an incarcerated parent. Of these 70,000 children, approximately half are age ten and under. This Comment is organized into four parts. Part I gives an overview of the issues arising in both childhood and adulthood for these children. Part II discusses the history of the bill, focusing on the text of the original bill and the transformations to the bill during the amendment process. Additionally, this section discusses how, while the Bill of Rights sounds good in theory, it does not work as intended in the real world. Part III discusses the current best practices that Oregon should model. Finally, this Comment addresses how Oregon can implement these practices.Item Open Access Serving Up Allergy Labeling: Mitigating Food Allergen Risks in Restaurants(University of Oregon School of Law, 2019-02-14) Boyd, MarieAllergens in restaurant food cause many allergic reactions and deaths. Yet no federal, state, or local law adequately protects people from these harms. Although federal law requires the labeling of “major food allergens” in packaged food, there are no allergen labeling requirements for restaurant-type food. In addition, existing food safety requirements for restaurants are inadequate to prevent allergen cross contact. This Article explores how, as a first step, menu labeling regulation can inform the development of food allergen regulation to reduce the risks that allergens pose in restaurants and similar retail establishments. It also discusses how menu labeling can help anticipate and respond to potential opposition and challenges to allergen requirements.Item Open Access A Work in Progress: The “Mirandization” of Article I, Section 12(University of Oregon School of Law, 2019-02-14) Crippen, KelsieThis Comment focuses primarily on one aspect of Miranda rights, namely, what happens if a suspect tries to invoke his right to counsel but fails to clearly articulate his desire to do so?