Oregon Law Review : Vol.101, No.1 (2022)
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Item Open Access Where’s Robin Hood?(University of Oregon School of Law, 2023-01-18) Hailer, MadelineThe Oregon State Legislature should prioritize restructuring civil legal aid funding. In its current state, the system for delivering legal aid services to qualifying low-income Oregonians is vastly underfunded and dependent on unstable, inadequate sources. The current structure cuts off the most vulnerable members of a community from a justice system that operates to serve only well-funded clients.Item Open Access Taxing the Cyborg(University of Oregon School of Law, 2023-01-18) Davis, Tessa R.This Article considers how tax is poised to respond to CRISPR [Clustered Regularly Interspaced Short Palindromic Repeats] and similar emerging medical technologies with both therapeutic and so called enhancement applications. Doing so exposes gaps in current tax law as applied to the body and biotechnologies.Item Open Access What Is an Unreasonable Search?(University of Oregon School of Law, 2023-01-18) Kim, Janine YoungPerhaps the greatest puzzle of the Fourth Amendment—and indeed in all American law more broadly—is its definition of reasonableness. The Fourth Amendment guarantees our right to be secure “against unreasonable searches and seizures” without clearly elaborating on what such searches and seizures are. The laconic construction of this clause could simultaneously suggest a lack of interest among the Framers in adding this particular right to the Constitution,2 and their abiding belief that the right is so fundamental as to be already universally known.3 We moderns, on the other hand, find the Fourth Amendment to be both intensely compelling and confounding.Item Open Access Litigation Bias(University of Oregon School of Law, 2023-01-18) Eckart, Adam M.This Article argues that there is pervasive litigation bias in law schools, and that such bias negatively affects the work of lawyers, including how lawyers are regulated, how lawyers practice law, and how lawyers serve their communities through pro bono and advocacy work.Item Open Access The World’s Largest Dam Removal Project: The Klamath River Dams(University of Oregon School of Law, 2023-01-18) Blumm, Michael C.; Illowsky, DaraThe Klamath River, draining some twelve thousand square miles in southern Oregon and northern California, was once the third largest salmon stream on the West Coast, the life force of Native Americans. The river runs 263 miles from headwaters in Oregon and flows through the Cascades to the Pacific Ocean south of Crescent City, California. The river is unusual in that its origin is near the arid deserts of eastern Oregon and proceeds to run through temperate rainforests of California and through a considerable amount of federal and tribal lands. This Article explains the Klamath, its fish, its farms, and its dams and draws some lessons from what has long been a contentious fight over water, power, and fish. For the first time in recent memory, projections look bright for Klamath River fish and those who depend on them.