Oregon Law Review : Vol. 93, No. 2 (2014)
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Item Open Access Open Wide the Gates of Legal Access(University of Oregon School of Law, 2015-02-17) Ford, BethThis Comment will explore the problem of copyrighting various aspects of state statutes, explain the precedent of this copyrighting conundrum, and analyze its detrimental effects. Part I summarizes relevant case law and statutory history that provide the authority (or lack thereof) for copyrighting the law; Part II explains the codification process; Parts III and IV describe how impediments to access have manifested across the country; Part V analyzes how limiting public access to the law can be problematic and why citizens should not tolerate it; and Part VI offers a workable solution providing access to the law so that more may understand it.Item Open Access The Thirteenth Amendment and the Hate Crimes Prevention Act: Is There Room for Religion?(University of Oregon School of Law, 2015-02-17) Mintz, David R.This Comment explores the extent to which federal hate crime legislation such as the Hate Crimes Prevention Act (HCPA) protects people from bias-motivated violence on account of their religion. In doing so, it examines racial and religious protection in the context of Thirteenth Amendment jurisprudence and federal hate crime legislation. This Comment seeks to explain and clarify the relationship between the Thirteenth Amendment, religion, and federal hate crime statutes like the HCPA.Item Open Access Urban Growth Management in Portland, Oregon(University of Oregon School of Law, 2015-02-17) Sullivan, Edward J.Oregon’s urban growth management experience sets it apart from other land use planning and regulatory programs in the United States. The Oregon land use program has endured for more than forty years, suffering the vicissitudes of multiple constitutional attacks and legislative adjustments. Oregon’s policy protects most rural lands suitable for farm or forest use. It also seeks to be efficient in spending limited public funds to expand public facilities and services when lands are urbanized. This Article examines one aspect of Oregon’s program in one area of the state—growth management in the Portland Metropolitan Area, the state’s most populous region.Item Open Access The United States’ Maternal Care Crisis: A Human Rights Solution(University of Oregon School of Law, 2015-02-17) Duncan, Erin K.In the United States, unnecessarily high rates of cesarean sections, artificial labor inductions performed without medical indication, and other medical interventions that can cause preventable injury during childbirth are just some of the indicators of a system that is failing to protect the rights of pregnant women. Other deficiencies in maternal care in the United States include healthcare providers’ failure to obtain informed consent reflecting the risks and benefits of medical interventions, enactment of fetal rights laws that infringe on the rights of pregnant women, the lack of a comprehensive reporting system for maternal mortality, and racial and socioeconomic disparities in maternal mortality and morbidity (serious injury).Item Open Access The Drug Shortage Crisis: When Generic Manufacturers “Just Say No”(University of Oregon School of Law, 2015-02-17) Lee, Stacey B.Part I of this Article provides an overview of current drug shortages and their impact on patient care and healthcare providers. Part II offers an economic analysis of the root causes of the drug shortages.Item Open Access Religious Freedom and Closely Held Corporations: The Hobby Lobby Case and Its Ethical Implications(University of Oregon School of Law, 2015-02-17) Ciocchetti, Corey A.Hobby Lobby and its quest for religious freedom captured the attention of a nation for a few moments in late June 2014. The country honed in on the Supreme Court as the Justices weighed the rights of an incorporated, profit-making entity run by devout individuals that objected to particular entitlements granted to women under the Affordable Care Act (ACA), particularly cost-free contraceptives.