Oregon Law Review : Vol.100, No.1 (2021)
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Item Open Access Stacked Injustice and an Avenue for Relief: The Interplay of “Stacked” 18 U.S.C. § 924(c) Convictions and Expanded Compassionate Release Under the First Step Act(University of Oregon School of Law, 2021-12-15) Costello, RyanIn Part I, this Comment sets forth the historical context of § 924(c) in terms of legislative background, Supreme Court interpretation, and subsequent congressional adjustment. This explanation of § 924(c) illustrates how we have arrived at the current iteration of the law and the extensive dialogue Congress and the courts have had regarding its meaning and purpose. Part II explores controversial sentences imposed under § 924(c) and judicial pleas for presidential, prosecutorial, or legislative action to redress the wrongs imposed.Part III addresses congressional changes made to both § 924(c) and compassionate release via the First Step Act, and it articulates that, despite Congress mandating that changes to § 924(c) be nonretroactive, relief is appropriate on a case-by-case basis for those incarcerated under stacked § 924(c) charges through compassionate release. Part IV addresses, then dispels, concerns that such relief may be an end around of legislative intent with regard to stacked § 924(c) charges, explaining that foreclosing blanket retroactivity does not preclude relief on a case-by-case basis. Part V provides additional support for case-by-case relief on the basis of two particularly germane sentencing factors, which are relevant when considering a reduction in sentence via compassionate release.Item Open Access Defining Damage: The “Damage to Commercial Agricultural Products” Exception to Oregon’s Right-to-Farm Law(University of Oregon School of Law, 2021-12-15) Habekost, ZoëIn Part I, this Comment will examine the history of Oregon’s right to-farm law, noting that the Oregon Legislature was concerned about unreasonable lawsuits brought by urbanites moving into Oregon’s agricultural lands against the farmer engaged in reasonable farming practices—not lawsuits brought by farmers against one another. Part II explores three vignettes from Oregon’s farmlands to demonstrate how ambiguity in the “damage” exception creates legal disputes between two farmers who are both engaged in reasonable farming practices.Item Open Access You’ve Got Mail: USPS and the Fundamental Right to Postal Service(University of Oregon School of Law, 2021-12-15) Fisher, Natalie M.This Comment proceeds in five parts to outline the necessity and practicality of recognizing the fundamental right to postal service. Part I details the importance of equal access to prompt, reliable, and efficient postal services. Part II examines the Supreme Court’s current doctrinal process for recognizing a fundamental right. Part III applies the recognition process to the right to postal service. Part IV examines the scope and original purpose of the right to postal service, offering a substantive standard for the right.Item Open Access Fighting an Upstream Battle: Fish Recovery in the Federal Columbia River Power System(University of Oregon School of Law, 2021-12-15) Mikell, NoahPart I of this Comment addresses the legal obligations of the major actors in the Federal Columbia River Power System (FCRPS) and explores how these participating federal agencies play their own unique roles in the regional efforts for fish recovery. This section also compares and contrasts key goals and obligations of federal actors with those of the Columbia River Basin Fish and Wildlife Program. This section concludes with a discussion of the various legal obligations that have led fish recovery efforts to where they are today. Part II analyzes systemic deficiencies in fish recovery efforts within the FCRPS, focusing on the most threatening challenges within the physical infrastructure of the hydropower system. This section also analyzes the systemic mismatch in law and policy that results from the differing obligations of the action agencies. Part III discusses flexible spill operations, cooperative developments following litigation, and ways in which these solutions have fallen short to date. Finally, Part IV turns to the most aspirational solution capable of addressing climate change, fish recovery, and economic stimulus: removal of the four lower Snake River dams.Item Open Access Are We Still Not Saved? Race, Democracy, and Educational Inequality (Derrick Bell Lecture, University of Oregon, February 12, 2021)(University of Oregon School of Law, 2021-12-15) Epperson, LiaThirty-four years ago, in his seminal book, "And We Are Not Saved: The Elusive Quest for Racial Justice," Derrick Bell provided a critical view of American history and constitutional jurisprudence to illustrate the challenges the United States faces in reaching true equality. In his enlightened observations about the structure of our republic, Bell refers to “the American contradiction.” To see true progress toward meaningful equality, he contends, we must reckon with the challenging truth of our history—that we are a nation founded on this “constitutional contradiction”... In his work, Professor Bell argued that this American contradiction, “shrouded by myth,” serves as a perpetual impediment to addressing historic and persistent forms of racial injustice. This, he says, is “the root reason for the inability of black people to gain legitimacy.” This reality of racial inequality is part of our culture and common history. It is the contradiction embedded in the ideology that formed our republic.Item Open Access The Committee on Infractions Sets the Standard of Care for College Athletics Administrators Regarding Potential NCAA Rules Violations(University of Oregon School of Law, 2021-12-15) Lens, JoshThe NCAA describes itself as a member-led organization that consists of over a thousand colleges and universities. Through the NCAA’s legislative process, its member universities propose and adopt rules regarding college athletics and implement them on campus. The NCAA notoriously does not lack for rules. Part I of this Article describes the NCAA’s infractions process. Part II provides further analysis of, and takeaways from, the Creighton University case. Part III briefly concludes.Item Open Access Intimate Partner Violence Through the Eyes of the Military “Dependent” Spouse(University of Oregon School of Law, 2021-12-15) Franklin, Xander; Kuennen, TamaraThroughout this Article, we will examine the extraordinary challenges faced by partners of military members when their relationships become abusive. Few legal scholars have written about the phenomenon; of them, most focus on the servicemember’s—not the partner’s—experience. This Article seeks to fill that gap by providing a contextual analysis of abuse as a continuing process, rather than a discrete incident, and by using the military setting to throw into sharp relief the structural facilitators that too often fade into the background. By constructing this analytical framework, we seek to create analytical applications beyond the confines of a military installation to globally inform law and policy in the area of intimate partner violence.