Oregon Law Review : Vol. 94, No. 2 (2016)
Permanent URI for this collection
Browse
Recent Submissions
Now showing 1 - 4 of 4
Item Open Access Tilting at Windmills: National Security, Foreign Investment, and Executive Authority in Light of Ralls Corp. v. CFIUS(University of Oregon School of Law, 2016-05-09) Gent, WillThis Note explores the implications that the D.C. Circuit’s opinion in Ralls II will have on (1) traditional conceptions of due process, (2) judicial deference to the executive branch on issues of national security, (3) national security as it relates to future disclosure of sensitive information, and (4) the attractiveness of the United States to foreign investors.Item Open Access Aligning the Criminal Justice System with the Mental Health Profession in Response to Hall v. Florida(University of Oregon School of Law, 2016-05-09) Wong, Ashley SachikoThis Note outlines the legal, moral, and social implications of the Hall decision. Additionally, it provides possible responses to the questions left unanswered by Hall regarding the need to remedy the relationship between the intellectually disabled community and the criminal justice system.Item Open Access When Our Reach Exceeds Our Grasp: Remedial Realism in Antidiscrimination Law(University of Oregon School of Law, 2016-05-09) Girvan, Erik J.This Article reviews major developments in anti-discrimination doctrine related to discretionary decisions in two different domains—the death penalty and employment decisions—and highlights the role that judicial concerns about remedies plays in the opinions supporting those developments. In order to more effectively impact the doctrinal development in that area, this Article discusses concrete ways that the remedies understanding of the law-science gap can help guide social scientists, legal scholars, and advocates for expanded anti-discrimination rights.Item Open Access “Ah Yes, I Remember It Well”: Why the Inherent Unreliability of Human Memory Makes Brain Imaging Technology a Poor Measure of Truth-Telling in the Courtroom(University of Oregon School of Law, 2016-05-09) Bard, Jennifer S.This Article demonstrates why efforts to develop brain imaging technology that will enhance the human ability to detect deliberate deception are doomed to failure because they are based on false assumptions about how our brains perceive and store information.