Oregon Law Review : Vol.102, No.2 (2024)
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Item Open Access An Interdisciplinary Economic, Legal, and Equity Analysis of, and Policy Recommendations for, United States Water Markets(University of Oregon School of Law, 2024-05-20) Dorsey, LaurenThis Comment harnesses an interdisciplinary legal, economic, and equity lens to attempt to holistically evaluate the opportunities and limitations facing United States water markets as a tool for efficient and equitable water use. This Article extends that analysis to articulate potential best practices for policymakers and stakeholders to consider when creating or modifying water markets.Item Open Access One Piece of the Puzzle: The Role of Tax Strategies in Addressing Oregon’s Housing Crisis(University of Oregon School of Law, 2024-05-20) Hayden, JulietThis Comment will begin by exploring the history and current status of the housing crisis on a national scale and the direct impacts of the housing crisis on the state of Oregon. The Comment will then describe the mechanics, challenges, and efficacy of both the federal Low-Income Housing Tax Credit (LIHTC) and the state-level Oregon Affordable Housing Tax Credit (OAHTC). Finally, the Comment will offer recommendations to improve the existing tax strategies as well as the supplemental programs that policymakers should implement to better address Oregon’s affordable housing crisis.Item Open Access #MeToo: Rethinking Law and Literature to Define Narrative Justice(University of Oregon School of Law, 2024-05-20) Tewari, GeetaThe law and literature movement is transforming into something new. This Article will discuss what that newness is, how it came about, and the different shapes it takes to provide the legal community with a platform to contribute to a working definition for a term I created in 2019, narrative justice. Creatively, technologically, and economically, public institutions and legal culture are rethinking the value of voice and story. With concrete examples of innovations and social movements, this Article will demonstrate how both action and inaction have propelled us as a society toward urgency in defining and claiming narrative justice.Item Open Access Fairness and Uncertainty in Torts: A Theoretical and Empirical Inquiry(University of Oregon School of Law, 2024-05-20) Bregant, Jessica; Dillof, Anthony M.Is torts ready for a revolution? Momentous changes in law are exceedingly rare. In torts, one such change was the advent of comparative fault. Originally codified in the early twentieth century, comparative fault represented a revolutionary shift away from all-or-nothing recovery. For the first time, a plaintiff’s recovery need not be either her full damages or zero—it might be somewhere in between. This Article presents a pair of large-scale public opinion surveys we conducted in 2022. These surveys polled over 1,300 persons and collected approximately 4,000 individual survey responses. The surveys illuminate people’s judgments about the relative fairness of Single Most Likely Scenario Recovery (SMSR) and Probabilistic-Proportional Recovery (PPR) and related topics.Item Open Access First Twelve in the Box: Implicit Bias Driving the Peremptory Challenge to the Point of Extinction(University of Oregon School of Law, 2024-05-20) Graffy, Colleen P.; Caldwell, Harry M.; Sood, Gautam K.Peremptory challenges in jury selection are being used in a biased and discriminatory manner. The Batson v. Kentucky safeguards are not working as intended and have not resolved the problem of jury bias. States now need to decide: will they follow Arizona’s bold lead in 2022 and abolish peremptory challenges, or will they follow Washington and try to improve on Batson? This Article presents a compelling argument for abolishing peremptory strikes in jury selections. The authors trace the historical development of peremptory challenges, highlighting their evolution from a mechanism to ensure impartiality to their current use in shaping a biased jury. After examining Washington’s “neutral observer” standard and Arizona’s complete elimination of peremptory challenges, the authors advocate for a shift to the English model—where “the first twelve in the box” become jurors. The Article includes a helpful chart showing the direction in which key states are leaning. It raises thought-provoking questions about implicit bias, the limitations of current methods, and the advantages of a simplified approach to jury selection.Item Open Access Outside the Ivory Tower: How Law Students Benefit When Their Professors Revisit Practice(University of Oregon School of Law, 2024-05-20) Vukadin, Katherine T.This Article posits that, to guide law students properly in their professional identity, law professors must connect with practice. Connection can consist of a sabbatical or other period of time spent fully immersed in practice or even an ongoing relationship with the local practicing bar or individual lawyers. Further, administrators should encourage these efforts. But all law professors should do something to ensure that their guidance is up to date and that they can provide the information and opportunities required for professional identity formation.Item Open Access Unleashing Rule 5.1 to Combat Prosecutorial Misconduct(University of Oregon School of Law, 2024-05-20) Cassidy, R. MichaelThe topic of this Article is the little understood and seldom invoked Rule of Professional Conduct 5.1, and how that disciplinary rule can be more aggressively enforced to detect and deter prosecutorial misconduct. The notion that supervisory attorneys must be more actively involved in their colleagues’ ethical decisions and conduct has been recognized by the bar since the adoption of Rule 5.1 in 1983, but the rule remains undertheorized by scholars and underutilized by disciplinary authorities.