Oregon Law Review : Vol. 86, No. 2 (2007)
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Item Open Access Oregon Law Review : Vol. 86 No. 4, p. 1017-1097 : Truth, Deterrence, and the Impeachment Exception(University of Oregon School of Law, 2008) Kainen, James L.Item Open Access Oregon Law Review : Vol. 86 No. 4, p. 973-1016 : The Path of Corporate Law: Of Options Backdating, Derivative Suits, and the Business Judgment Rule(University of Oregon School of Law, 2008) Morrissey, Daniel J.[W]ith the record of corporate executive wrongdoing at dramatic levels, the government is concerned about giving corporate executives more leeway and making litigation against them more difficult. With Wall Street bonuses in the $40 billion range, Mr. Paulson is worried that Wall Streeters are not treated well enough. With executive's pay in the stratosphere, not even counting what they steal in options, the government is worried that things are too tough for them.Item Open Access Oregon Law Review : Vol. 86 No. 2, p. 329-321 : The NCAA in Its Second Century: Defender of Amateurism or Antitrust Recidivist?(University of Oregon School of Law, 2007) Lazaroff, Daniel E.This Article begins with a brief description of the development of the NCAA and its emergence as the preeminent regulator of intercollegiate athletics. Part II discusses the antitrust litigation challenging various NCAA rules and regulations and the creation of a dichotomous antitrust analysis that separates restraints on athletes from other commercial trade restrictions in the context of amateur sports. Part III then deconstructs and criticizes this bifurcated approach, arguing that the conventional analysis is flawed and archaic given the economic realities of contemporary NCAA competition. Part IV offers some alternative approaches to the issues, including a somewhat different application of antitrust principles as well as possible legislative considerations.Item Open Access Oregon Law Review : Vol. 86 No. 2, p. 295-327 : The Year of Truman Capote: Legal Ethics and In Cold Blood(University of Oregon School of Law, 2007) Caudill, DavidThe purpose of this study is to use Capote’s In Cold Blood as a point of reflection on several ethical obligations of lawyers. In Part I, I focus on Capote’s accounts of the prosecution’s use of expert witnesses, and his suggestion that defense counsel were (i) unable or unwilling to deal with their personal conflicts of interest and (ii) incompetent, the latter of which became the subject of disciplinary investigations and federal court review. In terms of the duties of an advocate, Capote sees the prosecution as going too far, and the defense as failing to go far enough. In Part II, I turn to the ethical limitations on lawyers as storytellers, focusing on opening and closing arguments at trial. While it would seem to be unethical to fail to tell a client’s story as dramatically as possible, there is always a risk of turning fact into fiction. I conclude in Part III that Capote’s nonfiction novel, and the circumstances surrounding its writing, provide valuable ethical insights for students and practitioners concerning the goals and limits of trial advocacy.