Oregon Law Review : Vol. 96, No. 1 (2017)
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Item Open Access Beyond Male or Female: Using Nonbinary Gender Identity to Confront Outdated Notions of Sex and Gender in the Law(University of Oregon School of Law, 2017-12-21) Hanssen, ShelbyThis Note begins in Part I by discussing concepts of contemporary gender theory necessary to contextualize the Oregon nonbinary ruling. Part II offers a brief history of legal determinations of sex and gender in the United States. Part III provides a thorough explanation of the Oregon and California rulings authenticating nonbinary gender status, as well as pending federal litigation on a similar issue. Part IV explores four major approaches to gender documentation in the United States. Part V suggests two concrete steps for the modernization of gender documentation policies and practices.Item Open Access Full Court Press: Drawing in Media Defenses for Libel and Privacy Cases(University of Oregon School of Law, 2017-12-21) Abramson, JeffreyRecent jury verdicts against Rolling Stone Magazine and Gawker Media raise fundamental issues in defamation and privacy lawsuits, including who is a public figure, what counts as newsworthiness, and whether truth is always a defense under the First Amendment. Using those verdicts as a starting point, I reexamine the democratic arguments the Supreme Court relied on to protect free speech and the press in New York Times v. Sullivan.Item Open Access James M. O’Fallon 1944-2017 In Memoriam(University of Oregon School of Law, 2017-12-21) Schuman, DavidItem Open Access Jim O’Fallon(University of Oregon School of Law, 2017-12-21) Mullens, RobItem Open Access Moro v. Oregon: Overturning Legislative Changes to the Public Employee Retirement System (PERS) Leaves Limited Options for a Cash Strapped State(University of Oregon School of Law, 2017-12-21) Griffin, Thomas S.This Comment helps to frame the history and public policy issues surrounding PERS in Oregon. To be explicit, this is not a political or advocacy piece focused on any specific future changes. Instead, this piece aims to identify how Oregon reached this point with PERS and analyze the Oregon Supreme Court’s rationale in deciding the most recent PERS case: Moro v. State.Item Open Access Pac-12 Commissioner’s Tribute to Jim O’Fallon(University of Oregon School of Law, 2017-12-21) Scott, LarryItem Open Access Reflections on Being a Lawyer(University of Oregon School of Law, 2017-12-21) Robart, James LouisCommencement remarksItem Open Access Reimagining a Lifetime of Punishment: Moving the Sex Offender Registry to a Risk of Re-offense Model(University of Oregon School of Law, 2017-12-21) Olson, SamanthaThis Note argues that the federal government should classify sex offenders based on their risk of re-offending. Part I begins with a discussion of the federal government’s role in creating sex offender registry legislation. The current federal standard for sex offender classification is based solely on the offender’s underlying conviction and determines registration requirements based on this classification. While this federal standard was intended for all states to adopt, only about a third of states have implemented it to a satisfactory standard.Item Open Access Secession and Federalism in the United States: Tools for Managing Regional Conflict in a Pluralist Society(University of Oregon School of Law, 2017-12-21) Ryan, ErinThis Article explores the use of federalism and secession as tools for managing regional conflict within pluralist governance, drawing on underappreciated features of the American experience. Epic struggles to balance autonomy with interdependence have taken on new urgency as dissatisfaction with globalization inspires political cataclysms unimaginable just a few years ago—including ‘Brexit’ from the European Union and American threats to leave NATO. The same impetus toward devolution also surfaces in heated intranational conflicts. Recent calls for secession in Catalonia, Iraqi Kurdistan, Scotland, Québec, South Sudan, and even from within the United States reveal multiple political contexts in which questions have been raised about how best to balance competing claims for autonomy, interdependence, political voice, and exit.Item Open Access Surveillance Remedies: Stingrays and the Exclusionary Rule(University of Oregon School of Law, 2017-12-21) Powers, ClairePart I of this Note discusses the technology: What are stingrays and how are they used by law enforcement. Part II discusses the current state of the law regulating the warrantless use of stingrays. Part III discusses current Fourth Amendment remedies for illegal acts of surveillance, specifically, the exclusionary rule for illegally obtained evidence. Finally, Part IV discusses alternative remedies that might fare better in this context.Item Open Access Tribute to Professor Emeritus James M. O’Fallon(University of Oregon School of Law, 2017-12-21) Oregon Law Review Editorial BoardItem Open Access Trump University and Presidential Impeachment(University of Oregon School of Law, 2017-12-21) Peterson, Christopher L.During the 2016 presidential election, President Donald J. Trump faced three lawsuits accusing him of fraud, racketeering, and violation of a variety of other consumer protection laws. These cases focused on a series of wealth seminars President Trump called “Trump University,” which collected over $40 million from consumers seeking to learn President Trump’s real estate investing strategies. Although these consumer protection cases were civil proceedings, the underlying legal elements in several counts the plaintiff sought to prove run parallel to the legal elements of serious crimes under both state and federal law. Somehow lost in the election’s cacophony was the question of whether President Trump’s alleged fraudulent behavior rises to the level of an impeachable offense under the impeachment clause of the Constitution of the United States.Item Open Access When Can You Shoot the Messenger? Understanding the Legal Protections for Entities Providing Information on Business Products and Services in the Digital Age(University of Oregon School of Law, 2017-12-21) Walters, Ryan M.Part I of this Article will discuss the changing face of the news media in the digital age and the resulting financial pressure on traditional media organizations, particularly local news organizations. Part II of this Article will cover the common law defamation system that still largely governs the liability system for defendants in this area. Part III of this Article will examine the constitutional protections in place for entities commenting on business products and services, including several unresolved issues affecting this liability system. Part IV of this Article will explore the history of BBB organizations in their consumer-protection function and the corresponding legal privilege courts have recognized for BBB entities, a privilege largely unaddressed by legal scholarship. Part V of this Article will address the Communications Decency Act, a critical protection in the digital age for defamation and related claims, that applies to websites that host statements from third parties, most notably consumers. Part VI will emphasize the continued importance of enforcing and expanding these protections for entities that comment on business products and services.