Oregon Law Review : Vol. 92, No. 2 (2013)
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Item Open Access New Ways to Fulfill Old Promises: Native American Hunting and Fishing Rights as Intangible Cultural Property(University of Oregon School of Law, 2014-03-15) Garrott, Sarah A.Item Open Access The “Not Me Too” Evidence Doctrine in Employment Law: Courts’ Disparate Treatment of “Me Too” Versus “Not Me Too” Evidence in Employment Discrimination Cases(University of Oregon School of Law, 2014-03-15) Pelkey, EmmaEmployment discrimination claims can present challenging problems of proof. Indeed, it is a rare occurrence when a plaintiff can produce direct evidence of an employer’s intent to discriminate. As a result, a plaintiff must rely on circumstantial evidence to show that an employer’s proffered reason for an adverse employment action was either false or pretextual. Often, such circumstantial evidence is presented in the form of “me too” evidence. So-called “me too” evidence allows the plaintiff to present testimony of other employees to demonstrate that an employer discriminated against similarly situated individuals. “Me too” evidence has proven to be a powerful tactic for plaintiffs and, consequently, a serious threat to employers.Item Open Access The Rhetoric of E-mail in Law Practice(University of Oregon School of Law, 2014-03-15) Tiscione, Kristen K.Item Open Access “The Reports of My Death Are Greatly Exaggerated”: Reading and Writing Objective Legal Memoranda in a Mobile Computing Age(University of Oregon School of Law, 2014-03-15) Davis, Kirsten K.Seventy years ago, carefully written objective legal memos — internal memoranda written by one lawyer to another for the purpose of communicating law and legal analysis and meant to serve as the basis for legal advice — were viewed as a critical part of practice. In today’s legal practice culture of on-screen reading and writing, lawyers complain memos are expensive, time consuming, and perhaps even ill-suited for reading on screens and mobile devices.Item Open Access Tort Law as an Environmental Policy Instrument(University of Oregon School of Law, 2014-03-15) Abelkop, Adam D. K.Item Open Access The Top Ten NLRB Cases on Facebook Firings and Employer Social Media Policies(University of Oregon School of Law, 2014-03-15) O'Brien, Christine NeylonSocial media has profoundly changed communications for our personal and professional lives, from social networking to job searching, to social movements and more. Facebook, Twitter, LinkedIn, Pinterest, Tumblr, Instagram, blogs, and other emerging social media platforms have redefined our methods and means for speech, interaction, and connection. Computers, e-readers, and smartphones are the means for this intense multi-platform engagement in social media. This engagement results in the blurring of work and personal time, on work and personal equipment, and accounts. The already complex employment relationship is further complicated as companies seek to protect their brand, trade secrets, and employee communications by publishing social media policies. In the context of unfair labor practice cases, the National Labor Relations Board has reviewed social media policies and other employer actions that interfere with employees’ rights that apply whether employees are in a union or not. This article outlines the top ten cases in this area to instruct employers and employees on what policies and comments are lawful or protected. The cases encompass employer policies that employees would reasonably perceive to infringe upon their rights to engage in protected concerted activities, and instances where employees are disciplined or discharged for engaging in protected activity.Item Open Access The Future of Taxpayer Standing in Establishment Clause Tax Credit Cases(University of Oregon School of Law, 2014-03-15) Dearinger, Bryan