Oregon Law Review : Vol. 98, No. 1 (2020)
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Item Open Access Applying Oregon's Abuse of a Vulnerable Person Statute to Date Rape Cases: Defendants Are in Treble(University of Oregon School of Law, 2020-01-18) Cumming, ScottThe common-law “apparent consent” standard has been criticized for allowing offenders to escape liability for sexual assault when the victim was too intoxicated or scared to say “no.” This Comment analyzes how Oregon’s “abuse of a vulnerable person” statute could apply to such cases—namely, civil cases in which the plaintiff was sexually assaulted by an acquaintance, and she was unable to express her nonconsent or consciously perceive the assault, due to intoxication or underlying trauma (i.e., “date rape” cases).Item Open Access Exposing the Middlemen in Rising Drug Costs: Modifying Safe Harbor Protections for Pharmacy Benefit Manager Rebates Under Federal Anti-Kickback Statues(University of Oregon School of Law, 2020-01-18) Gore, AbigailPharmacy Benefit Managers (PBMs) have, until very recently, largely escaped public scrutiny or possibly even public consciousness. Although relatively unknown to the average American healthcare consumer, specialized healthcare companies known as PBMs play a direct role in negotiatinegotiating pharmaceutical drug prices for more than 266 million Americans. Rising pharmaceutical costs, on the other hand, invaded the public consciousness in 2016 when a dramatic increase in the price of pharmaceutical company Mylan’s EpiPen sparked outrage across the country.Item Open Access Increasing Safety, Decreasing Liability: Campus Safety at Oregon's Community Colleges(University of Oregon School of Law, 2020-01-18) Briggs, GeoffreyAll of Oregon’s public community colleges and universities have established some form of public safety regime. But interestingly, whereas Oregon’s universities are statutorily empowered to create and operate campus police departments, the state’s community colleges have not been similarly empowered. Although it is clear enough that Oregon law does not grant the power to create campus police departments at the state’s community colleges, it is anything but clear precisely what sort of campus safety powers the law does grant to its colleges.Item Open Access Girls Just Wanna Have Funds: Creating Access to Equity Capital for Women-Owned Businesses Through the Tax Code(University of Oregon School of Law, 2020-01-18) Gelband, CateUndercapitalization jeopardizes a business’s likelihood of survival. Sufficient capital at start-up and throughout operation is critical to a business’s success. Therefore, creating greater access to capital generates greater economic prosperity. Despite the importance of women-owned businesses to the economy, women-owned businesses are more likely than men-owned businesses to be undercapitalized. As such, women-owned businesses are less likely to realize the economic success of their male counterparts.Item Open Access Revenge Porn: The Name Doesn’t Do Nonconsensual Pornography Justice and the Remedies Don’t Offer the Victims Justice(University of Oregon School of Law, 2020-01-18) Magaldi, Jessica A.; Sales, Jonathan S.; Paul, JohnThis Article analyzes the efficacy of the legal environment relevant to the developing phenomenon of nonconsensual pornography. The overarching issue is that technology and changing mores have developed more quickly than the ability of the legal environment to address the harm caused by nonconsensual pornography.Item Open Access Institutional Indifference(University of Oregon School of Law, 2020-01-18) Godfrey, Nicole B.Prisoners seeking judicial intervention to stop subjugation to cruel conditions must meet an exacting Eighth Amendment test. The prisoner must prove that the condition is “sufficiently serious” and that prison officials exhibit “deliberate indifference” in exposing the prisoner to that condition. For prisoners seeking injunctive relief, the proof necessary to meet the second prong of this analysis—the deliberate indifference prong—is hopelessly unclear. This Article proposes three specific types of proof courts should accept as evidence of institutional indifference in Eighth Amendment cases for injunctive relief.Item Open Access Fall of Last Safeguard in Global Dejudicialization: The Problem of Protecting Public Policy in Private Business Disputes(University of Oregon School of Law, 2020-01-18) Ghodoosi, FarshadThe importance of courts is shrinking. This is largely due to global dejudicialization: the process of outsourcing disputes to private dispute resolution. In the last several decades, along with the triumph of neoliberalism, privatization of the resolution of disputes has become the gospel of modern judiciaries. Courts have been pushed to the tail end of the private adjudication process and are used only as the last resort. The courts’ warm embrace of this structure along with practitioners’ push has led to a staggering expansion of private dispute resolution. The world therefore has witnessed an unprecedented growth of arbitration—the primary mode of private dispute resolution.Item Open Access The Modern Law of Class Actions and Due Process(University of Oregon School of Law, 2020-01-18) Grossi, Simona; Ides, AllanThis Article begins with an examination of the fundamental principles of due process and shows how those principles have permeated our system of justice and, more particularly, the Federal Rules of Civil Procedure. We then proceed to examine the text of Rule 23 from its original form to its most current iteration, using the idea of due process as our interpretive guide. Finally, we will examine several Supreme Court decisions interpreting Rule 23. Our goal here is to study those decisions from the perspective of due process.Item Open Access Treating Professionals Professionally: Requiring Security of Position for All Skills-Focused Faculty Under ABA Accreditation Standard 405(C) and Eliminating 405(D)(University of Oregon School of Law, 2020-01-18) Entrikin, J. Lyn; Jewel, Lucy; Salmon, Susie; Smith, Craig T.; Tiscione, Kristen K.; Weresh, Melissa H.In 2014, the American Bar Association (ABA) decided to retain Accreditation Standard 405 in its current form to preserve tenure for law faculty as well as the status, security of position, governance rights, and academic freedom that tenure provides. In doing so, the ABA also preserved the long-standing hierarchy that elevates doctrine-focused faculty over skills-focused faculty. That hierarchy discriminates against skills-focused faculty, particularly those who specialize in legal writing—most of whom are women.