Oregon Law Review : Vol. 95, No. 2 (2017)
Permanent URI for this collection
Browse
Recent Submissions
Now showing 1 - 8 of 8
Item Open Access “Due” the Process: The Sufficiency of Due Process Protections Afforded by University Procedures in Handling Sexual Assault Allegations(University of Oregon School of Law, 2017-05-10) Iannucci, SamanthaThis Comment will first explore the goals, interest, and laws that govern sexual assault in two institutions: higher education and the criminal justice system. Then, this Comment will discuss the rights of the victim and the perpetrator in the context of each of those institutions. Finally, this Comment will discuss potential legislation and policy changes made at the University of Oregon, which will illustrate why the institution of higher education and the criminal justice system must each maintain their autonomy.Item Open Access A Modest Proposal: Review of the National Consumer Law Center’s Model State Consumer and Employee Justice Enforcement Act(University of Oregon School of Law, 2017-05-10) Brunino, AlexThe foremost law controlling arbitration is the Federal Arbitration Act (FAA), which has been in effect for nearly a century. Though originally intended to ensure judicial recognition of arbitration, the FAA has since become a particularly contentious topic, splitting the opinions of pundits, legal scholars, and the Supreme Court. This Comment summarizes the FAA’s long and divisive jurisprudence, culminating in a critical review of the National Consumer Law Center's (NCLC) Model Act.Item Open Access Implications of Abenomics on Gender Equality in Japan and Its Conformity with CEDAW(University of Oregon School of Law, 2017-05-10) Tucker, RickyAbenomics refers to the economic reform policies advocated by Japanese Prime Minister Abe. Abenomics involves three “arrows” designed to jump-start the Japanese economy: fiscal stimulus, monetary easing, and structural reform. The focus of this Comment is on the fourth goal of the third arrow. Specifically, this Comment will examine the goal of increasing female workforce participation and its implications for gender equality in Japan, as well as its conformity with the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), to which Japan is a signatory country.Item Open Access Why Has the Bail Reform Act Not Been Adopted by the State Systems?(University of Oregon School of Law, 2017-05-10) Rohrer, KylePart I of this Comment provides an overview of pretrial detention and its relationship to the presumption of innocence and wrongful convictions. Part II discusses international and domestic law governing pretrial detention and compares the federal and state systems of pretrial detention in the United States.Item Open Access Food for Thought: The Neuroscience of Nutrition to Fuel Cognitive Performance(University of Oregon School of Law, 2017-05-10) Austin, DebraAlmost nothing is more personal than the decision lawyers make about what to eat for breakfast, lunch, and dinner. In a two-year study examining the health of lawyers, Sharon McDowell-Larsen, Ph.D., discovered that while ninety-two percent of the participants understood that eating habits have health impacts, half reported they consumed unhealthy diets. Additionally, none of these lawyers were vegetarians or vegans, fifty-eight percent consumed meat on a daily basis, and sixty-four percent wanted more health and wellness support from their law firms. Some law firms and law schools are cultivating wellness cultures, but little work has been done in the area of improving lawyer and law student nutrition.Item Open Access Beyond Best Practices: Lessons from Tina Stark About the First Day of Class(University of Oregon School of Law, 2017-05-10) Grant, EmilyThis Article reviews and expands the literature on best practices in a narrow subset—the first day of class. At the same time, it seeks to convey words of wisdom from one of the most well-known and highly regarded legal educators: Tina Stark, a giant in transactional drafting. The first day of any law school class can be fraught with tension and nerves, even for professors. This Article presents advice from Professor Stark, supplemented with guidance from best practices research, so that professors can take advantage of the opportunities that the first day of class offers to set the tone for a successful semester.Item Open Access Wills Act Compliance and the Harmless Error Approach: Flawed Narrative Equals Flawed Analysis?(University of Oregon School of Law, 2017-05-10) Wendel, Peter T.What degree of compliance with the Wills Act formalities should the courts require when analyzing whether a will has been properly executed? The conventional wisdom is that historically courts have insisted on absolute strict compliance, favoring formalities over testamentary intent. In 1975, Professor John Langbein argued that substantial compliance with the Wills Act formalities should suffice. A little over a decade later, he modified his proposal, arguing for a harmless error approach. Professor Langbein’s proposals have been well received. Many academics have endorsed them. The Uniform Probate Code and the Restatement (Third) of Property have adopted his harmless error approach. Yet relatively few states have adopted either proposal. If Professor Langbein’s substantial compliance/harmless error proposals are so much better than strict compliance, what explains the failure of most jurisdictions to adopt either of them?Item Open Access The Gender Gap in Startup Catalyst Organizations: Bridging the Divide Between Narrative and Reality(University of Oregon School of Law, 2017-05-10) Feldman, Robin; Armitage, Alice; Wang, ConnieThe startup industry has matured rapidly over the past decade, becoming a subject of substantial interest to the business community, academics, and the general public alike. Yet, the organizations that have sprouted up around the startup industry— dedicated to supporting the growth of fledgling ventures—have received less attention. Divided roughly into the three categories: coworking spaces, incubators, and accelerators. These support organizations all aim to “catalyze” the success of new startups. Thus, the authors have coined the term “Catalyst” to refer to them collectively. The present study used a qualitative interview method to obtain a more comprehensive picture of how Catalysts have impacted the entrepreneurial ecosystem.