Oregon Law Review : Vol. 88, No. 1 (2009)
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Oregon Law Review : Vol. 88 No. 1, p.311-340 : Dueling Scientific Experts: Is Australia’s Hot Tub Method a Viable Solution for the American Judiciary?
(University of Oregon Law School, 2009)Part I of this Comment examines the causes and challenges associated with conflicting scientific experts. Part II identifies and distinguishes common sources of bias that may further complicate the evaluation of dueling ... -
Oregon Law Review : Vol. 88 No. 1, p.225-310 : Marine Protected Areas as a Mechanism to Promote Marine Mammal Conservation: International and Comparative Law Lessons for the United States
(University of Oregon Law School, 2009)Part I of this Article discusses the role of Marine Protected Areas as a viable strategy to enhance protection of marine mammals in U.S. waters. It examines the synergy between marine mammal conservation goals and ... -
Oregon Law Review : Vol. 88 No. 1, p.195-254 : Employees on Guard: Employer Policies Restrict NLRA-Protected Concerted Activities on E-mail
(University of Oregon Law School, 2009)This Article explores the issues relating to policies that cover use of company equipment and systems, especially restrictions on e-mail, and how these policies may be legally problematic if they interfere with the ... -
Oregon Law Review : Vol. 88 No. 1, p.157-194 : Legal Education and the Ecology of Cultural Justice: How Affirmative Action Can Become Race-Neutral by 2028
(University of Oregon Law School, 2009)In this Article, I offer a provocative perspective on the future of affirmative action in higher education. Given the revolutionary opinions of the U.S. Supreme Court in Brown v. Board of Education and Hernandez v. ... -
Oregon Law Review : Vol. 88 No. 1, p.095-156 : James Buchanan as Savior? Judicial Power, Political Fragmentation, and the Failed 1831 Repeal of Section 25
(University of Oregon Law School, 2009)The following pages explore how judicial review survived the transition from the deferential politics of the National Republican/Federalist era to the partisan politics of Jacksonian America. Part I details the political ... -
Oregon Law Review : Vol. 88 No. 1, p.037-094 : The New Battleground of Museum Ethics and Holocaust-Era Claims: Technicalities Trumping Justice or Responsible Stewardship for the Public Trust?
(University of Oregon Law School, 2009)In contrast to the optimistic hopes in 1998 to settle all claims expressed, we have seen a new trend emerge whereby current possessors of art displaced during the Holocaust, including museums, have been the first to ... -
Oregon Law Review : Vol. 88 No. 1, p.001-036 : Tribute to Professor Dominick Vetri
(University of Oregon Law School, 2009)