Oregon Law Review : Vol. 93, No. 1 (2014)
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Item Open Access Goodwin on Judging(University of Oregon School of Law, 2014-12-03) Wasby, Stephen L.More needs to be known about judges’ thinking about judging, particularly from comments the judges do not make for publication, as in remarks to friends or in within-court comments to colleagues situations in which they are less likely to be guarded and their language may be more direct.Item Open Access Combating Bullying by Amending the Individuals with Disabilities Education Act(University of Oregon School of Law, 2014-11-20) Burris, Erin MichelleItem Open Access Shielding the Media: In an Age of Bloggers, Tweeters, and Leakers, Will Congress Succeed in Defining the Term “Journalist” and in Passing a Long-Sought Federal Shield Act?(University of Oregon School of Law, 2014-11-20) Russell, Lauren J.Item Open Access Solving Charity Failures(University of Oregon School of Law, 2014-11-20) Frye, Brian L.Item Open Access The Farmer in Chief: Obama’s Local Food Legacy(University of Oregon School of Law, 2014-11-20) Morath, Sarah J.As criticism over America’s food policy has grown, many scholars have offered suggestions for reform. Complementing this body of scholarship, this Article identifies and assesses recent changes to federal laws and policies as they affect “local food” and describes local farmers’ awareness of and reaction to these changes. These changes and the farmers’ responses show greater recognition of local food by President Barack Obama and the federal government in three ways: increased inclusion of local food in legislation and policy discussions; increased awareness of the benefits of local food production and consumption; and increased consumer access to local food. But the farmers’ responses also highlight areas where improvements can be made. Specifically, farmers need to be better informed about funding opportunities, and funding opportunities need to be available to a greater number of farmers.Item Open Access This Book Is a Movie: The “Faithful Adaptation” as a Benchmark for Analyzing the Substantial Similarity of Works in Different Media(University of Oregon School of Law, 2014-11-20) Rennie, Douglas CampbellIn this Article, drawing on the nature of the statutory derivative work right as clarified by the theoretical research and related case law, I argue that courts should translate the expressive elements of the plaintiff’s original work into equivalent modes of expression in the new medium to create a hypothetical “faithful adaptation.” The faithful adaptation would then serve as the benchmark for comparison to the defendant’s work. The author’s right to create transformations (or derivatives) of the original work must serve as the basis for comparison because it is the right that has allegedly been infringed.Item Open Access Herd Immunity and Compulsory Childhood Vaccination: Does the Theory Justify the Law?(University of Oregon School of Law, 2014-11-20) Holland, Mary; Zachary, Chase E.This Article explores both the theory and practice of herd immunity. The authors evaluate the scientific assumptions underlying the theory, how the theory applies in law, a game theory approach to herd immunity, and a possible framework for rational policymaking. The Article argues that herd immunity is unattainable for most diseases and is therefore an irrational goal. Instead, the authors conclude that herd effect is attainable and that a voluntary vaccination marketplace, not command-and-control compulsion, would most efficiently achieve that goal.