Oregon Law Review : Vol.103, No.1 (2024)
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Item Open Access Improving Oregon’s Natural Resource Estate Tax Exemption to Better Support Local Stewardship and Rural Minorities(University of Oregon School of Law, 2024-12-12) Dustin R. MessnerThis Comment examines a recent change to Oregon’s estate tax exemption for natural resource properties, Senate Bill 498. Part I examines the new exemption in light of Oregon and federal tax law. Part II assesses the new exemption under traditional tax policy criteria, such as practicality and equity. Part III analyzes how well S.B. 498 preserves family ownership of farms, forests, and fisheries and incentivizes environmental stewardship. Part IV depicts the exemption’s mixed implications for minority groups. Part V argues that the federal government should adopt a similar exemption. Lastly, Part VI offers a brief conclusion.Item Open Access Locked Out: The Oregon Rules of Civil Procedure Increasing Access to Justice in Oregon’s Eviction Courts(University of Oregon School of Law, 2024-12-12) Molly Byrne QuillinEviction is a predatory practice that primarily targets low-income and marginalized populations. For some tenants, obtaining a lawyer and going to court for a civil justice issue requires subjecting themselves to an institution that they do not understand. Past experience with and connotation of the criminal justice system leaves tenants, particularly tenants from marginalized backgrounds, hesitant to pursue legal assistance and remedies in civil court. The Oregon Rules of Civil Procedure are an underutilized tool to improve access to justice in eviction court proceedings.Item Open Access College for Free, But at What Cost?(University of Oregon School of Law, 2024-12-12) Lucy Johnston-WalshA growing number of states offer tuition waiver programs for youth involved in the foster care system who wish to attend higher education programs. However, many tuition waiver programs fall short of their goal by not providing adequate support for students to complete their college degree. Foster youth not only face numerous challenges before they enroll in an undergraduate degree program, but they also face many obstacles after enrollment which impact their ability to graduate from college. Much more needs to be done to increase post-secondary education graduation rates to best support these youth. This Article will examine the legal obstacles facing foster youth with college enrollment, review state-sponsored tuition waiver programs, and address the challenges for foster youth in completing their college education.Item Open Access Bridging the Immigration Detention Justice Gap(University of Oregon School of Law, 2024-12-12) Jaclyn Kelley-Widmer and Alisa WhitfieldThis Article examines how immigrant detention contributes to the access to justice gap and argues for an end to detention, alongside mobilization of law students in the interim. Throughout this piece, examples from clinic work in detention, especially in Louisiana, illustrate the arguments.Item Open Access The General Jurisdiction Two-Step(University of Oregon School of Law, 2024-12-12) Haley Palfreyman JankowskiThe Supreme Court’s watershed case on general personal jurisdiction, Daimler AG v. Bauman, celebrated its tenth birthday this year, yet it continues to be misunderstood. Daimler was the second of two decisions on general jurisdiction handed down by the Court following several decades of near-total silence on this doctrine. Daimler, together with its immediate predecessor Goodyear Dunlop Tires Operations, S.A. v. Brown, held that corporate defendants could be subject to general jurisdiction only in states where they are deemed “at home” or “essentially at home” and gave two paradigm examples of places that would constitute a corporation’s “home”: place of incorporation and principal place of business. Before these cases, general jurisdiction was commonly understood to have a much broader reach.Item Open Access DEI Hard: The Future of DEI After Students for Fair Admissions v. Harvard College(University of Oregon School of Law, 2024-12-16) Kenneth R. DavisIn Students for Fair Admissions v. Harvard College (SFFA), the Supreme Court effectively overruled Bakke, Grutter, and Fisher by declaring that racial diversity in higher education is no longer a compelling state interest. This ruling led the Court to hold that the affirmative action programs of Harvard College (Harvard) and University of North Carolina (UNC) violated the Equal Protection Clause. SFFA raises concerns about the future of affirmative action and other Diversity, Equity, and Inclusion (DEI) initiatives under the Equal Protection Clause, Title VII of the Civil Rights Law of 1964, and § 1981 of the Civil Rights Act of 1866.