Oregon Law Review : Vol. 99, No. 2 (2021)
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Item Open Access Outed by Advertisements: How LGBTQ Internet Users Present a Case for Federal Data Privacy Legislation(University of Oregon School of Law, 2021-05-06) Ashman, NoahThis Comment addresses the phenomenon of “outing” for the LGBTQ community through the lens of online data storage and argues that a more uniform data privacy scheme is necessary to mitigate the problem.Item Open Access Mitigating Housing Instability During a Pandemic(University of Oregon School of Law, 2021-05-06) Layser, Michelle D.; De Barbieri, Edward W.; Greenlee, Andrew J.; Kaye, Tracy A.; Saito, Blaine G.One evening in April 2020, as the COVID-19 pandemic swept through the United States and businesses closed their doors, Margarita Lopez received a knock on hers. When she opened it, a man handed her a note and said “Good luck.” She was being evicted from her Staten Island apartment; New York’s emergency eviction freeze was set to expire, leaving Lopez with little time or recourse. Reflecting on the experience, Lopez told a reporter, “Every time I walk out of this door, I’m scared for my life. I feel like I have no power. . . . I feel stuck. If I end up homeless, a shelter is not an option because eventually I’ll get sick. It’s a lot of questions about what comes next.”Item Open Access Give Me Your Tired, Your Poor, Your Huddled Masses: An Overview of the Immigration System and Chevron Deference(University of Oregon School of Law, 2021-05-06) Cotto-Lazo, Gilbert AlexanderThis Article will make three arguments: (1) that structural administrative flaws—namely, the interview of each person seeking asylum and agency review of that interview—result in deprivation of due process rights of migrants; (2) that these same structural flaws are compounded when the judiciary grants agency deference to administrative decisions; and (3) that where political accountability severely undermines a particular agency’s expertise, such as in the immigration context, deference should either be amended from its current form or not afforded at all. Part I examines the history and current structure of immigration, asylum, and refugee laws in the United States as they pertain to modern-day immigration issues. Part II provides a historical overview of agency deference and its current role in the immigration context. Part III highlights the structural issues resulting from both the administrative state and agency deference and proposes potential solutions. Lastly, the Article concludes by reviewing the argument.Item Open Access No Time to Waste: Payment for Urban Environmental Services as a Tool to Support Invisible Recyclers in Brazil(University of Oregon School of Law, 2021-05-06) Rengel-Gonçalves, Ana Paula; Aydos, ElenaPart I of this Article examines the environmental issues related to waste, with a focus on the current state of recycling and the important role that waste pickers play in Brazil. Part II unfolds the social aspects of the waste management crisis in Brazil, exposing the neglect and vulnerability of waste pickers. Part III provides an overview of the Brazilian legal system and analyzes the framework for regulating waste management at the municipal, state, and federal levels—identifying the structural reasons for the mismatch between the statutory context and the reality of neglect and vulnerability facing waste pickers. Part IV performs a literature survey on Payments for Environmental Services (PES) and demonstrates that these schemes have the potential to integrate social justice in waste management models in the Global South. Part V analyzes a bill before the Florianópolis legislative body that aims to integrate waste pickers into the waste management system through the implementation of PES.Item Open Access Self-Incrimination and the Dispute over the Meaning of “Criminal Case”(University of Oregon School of Law, 2021-05-06) Hills, Blake R.Consider a scenario in which a suspect is arrested and is interviewed by police officers who fail to give him his Miranda warnings. Charges are subsequently filed, and the interview is introduced against the suspect in a preliminary hearing. The court then binds the case over for trial based largely on incriminatory information in the suspect’s interview. However, the case is eventually dismissed before a trial can take place. The suspect subsequently files suit against the police officers, arguing that they violated his Fifth Amendment right against self-incrimination and that he is entitled to damages for the time he spent incarcerated for the charge that was dismissed. Is the suspect (now plaintiff) correct that his right against self incrimination was violated? Would this right have been violated if charges had never been filed? Would it have made a difference if the interview had been introduced in a jury trial?Item Open Access #Audited: Social Media and Tax Enforcement(University of Oregon School of Law, 2021-05-06) Drumbl, Michelle LyonThis Article articulates a concern that the use of social media mining may pose a greater harm to low-income taxpayers relative to other types of taxpayers, in part because it is easier for the IRS to direct automated resources at the types of issues involved in examining those returns.