Oregon Law Review : Vol. 91, No. 1 (2012)https://scholarsbank.uoregon.edu/xmlui/handle/1794/124902024-03-28T15:30:59Z2024-03-28T15:30:59ZThe Silent Sovereign: Tipping the Scales in Reverse-Erie Applications of Indian LawVan Wieren, Amandahttps://scholarsbank.uoregon.edu/xmlui/handle/1794/124982019-06-14T21:21:04Z2012-01-01T00:00:00ZThe Silent Sovereign: Tipping the Scales in Reverse-Erie Applications of Indian Law
Van Wieren, Amanda
Part I of this Comment describes the framework that the Supreme Court has supplied for deciding the applicability of state and federal rules in the contexts of Erie, preemption, and reverse-Erie. Part II explores the lopsided results achieved under the current reverse-Erie paradigm and proposes an explanation for the apparent bias towards the federal sovereign: premature considerations of preemption come into play when state courts decide whether the rule they are examining is substantive or procedural.
28 pages
2012-01-01T00:00:00ZA New Vehicle for Mission-Driven Work: Is the Low-Profit Limited Liability Company Right for Oregon?Flaherty, Maura K.https://scholarsbank.uoregon.edu/xmlui/handle/1794/124972015-06-17T14:25:55Z2012-01-01T00:00:00ZA New Vehicle for Mission-Driven Work: Is the Low-Profit Limited Liability Company Right for Oregon?
Flaherty, Maura K.
Part I provides an introduction to the L3C through a discussion of the form’s potential and “promises” in three contexts: tax and private foundation investment, other private investment, and the broader promise of a new approach to mission-driven work. Part II examines the shortfalls of the L3C in these three contexts. In particular, Part II demonstrates that the current approach to the L3C form lacks tools to hold L3Cs accountable to the priority of charitable purpose. Part III explores a few ideas toward a more comprehensive approach to oversight, including a mandatory information return and specific authority in an oversight figure or body. Ultimately, the viability of the L3C depends on the ability of scholars, practitioners, and legislators to see the form as a work in progress. Thorough analysis and bold creativity can contribute to the L3C’s impact as a form of business and as a vehicle for impactful, inspiring work.
24 pages
2012-01-01T00:00:00ZThe Dividing Line: Applying the Navigability-for-Title Test after PPL MontanaLipinski, Rachaelhttps://scholarsbank.uoregon.edu/xmlui/handle/1794/124962015-06-17T14:25:47Z2012-01-01T00:00:00ZThe Dividing Line: Applying the Navigability-for-Title Test after PPL Montana
Lipinski, Rachael
The confusion over navigability for title is understandable in light of the wide range of law needed to comprehend the deceptively simple-sounding navigability-for-title test; a chronological overview of the history of navigability for title thus follows.
26 pages
2012-01-01T00:00:00ZThe Mentally Disordered Criminal Defendant at the Supreme Court: A Decade in ReviewKlein, Dora W.https://scholarsbank.uoregon.edu/xmlui/handle/1794/124952015-06-17T14:25:43Z2012-01-01T00:00:00ZThe Mentally Disordered Criminal Defendant at the Supreme Court: A Decade in Review
Klein, Dora W.
The cases discussed in this Article concern three general topics: the
culpability of juvenile offenders; mental states and the criminal
process, including the presentation of mental disorder evidence,
competency to stand trial, and competency to be executed; and the
preventive detention of convicted sex offenders.
40 pages
2012-01-01T00:00:00Z