Oregon Law Review : Vol. 89, No. 1 (2010)

Glassman, Ashley 2010-12-14T20:05:45Z 2010-12-14T20:05:45Z 2010 89 Or. L. Rev. 385 (2010) 0196-2043 http://hdl.handle.net/1794/10907 30 p. This Comment examines how the Uniform Law Commission can essentially eradicate the excess funds provision from state statutes simply by amending the uniform pet trust statutes (specifically section 408 of the Uniform Trust Code and section 2-907 of the Uniform Probate Code). Due to the influence the Commission’s codes have on state legislatures when drafting statutes, such a change will certainly trickle down throughout the states, whether or not each state has adopted the uniform code’s pet trust statute. Part I of this Comment discusses how pet trusts generally operate and describes the kinds of pet trusts that can be implemented in most states. Part II describes the Uniform Law Commission, the creation of the Uniform Trust Code and the Uniform Probate Code, and the effect those codes have on statutory pet trusts. Part III analyzes section 408 of the Uniform Trust Code and section 2-907 of the Uniform Probate Code—two uniform sections that have had the greatest effect on state pet trust statutes. Part III also describes a typical excess funds provision. Part IV analyzes the four main reasons the excess funds provision should be removed from uniform laws. en_US University of Oregon Law School Trusts and trustees Pets -- Law and legislation Pet trusts Oregon Law Review : Vol. 89, No. 1, p. 385-414 : Making Pet Trusts Instruments of Settlors and Not of Courts Making Pet Trusts Instruments of Settlors and Not of Courts Article

Ceder, Timothy C. 2010-12-14T17:42:55Z 2010-12-14T17:42:55Z 2010 89 Or. L. Rev. 351 (2010) 0196-2043 http://hdl.handle.net/1794/10904 34 p. This Note analyzes the Comprehensive Drug Testing(CDT) guidelines in five parts. Part I briefly reviews the facts of the case to provide context to the guidelines and their intended application. Part II explains the basic governing law and concedes the point that the government failed to comply with that law. Part III explores how the decision impacts magistrate judges and affects their ability to issue warrants. Part IV discusses the government’s ability to execute warrants after CDT and the guidelines’ impact on cases thus far. Part V discusses whether CDT should be vacated or limited to methods that are implementable and founded on established law. en_US University of Oregon Law School Drug testing -- Law and legislation Oregon Law Review : Vol. 89, No. 1, p. 351-384 : The Guidelines of Comprehensive Drug Testing, Inc.: A Measured Approach? The Guidelines of Comprehensive Drug Testing, Inc.: A Measured Approach? Article

Sonenshein, David A. Nilon, Robin 2010-12-08T21:36:43Z 2010-12-08T21:36:43Z 2010 89 Or. L. Rev. 263 (2010) 0196-2043 http://hdl.handle.net/1794/10885 42 p. It is time to change the law governing lineup eyewitness identification procedures and the admission at trial of eyewitness identifications. Over the last forty years, forensic science has developed considerably while the law governing lineups has remained largely calcified. The advent of DNA typing has underscored the unreliability of lineup identifications. The authors of one study estimate that the convictions of seventy-five percent of those defendants exonerated through the use of DNA evidence were based on erroneous eyewitness testimony. The unreliability of eyewitness identifications is revealed most dramatically in sexual assault cases, which often include both victim identification testimony and physical evidence from which the assailant’s DNA can be determined. DNA evidence has also exonerated many defendants whose convictions for other crimes (some carrying a capital sentence) were based on flawed eyewitness identifications. Improved lineup identification procedures and more stringent admissibility standards can help reduce the number of individuals wrongly convicted through erroneous eyewitness identification. en_US University of Oregon Law School Wrongful convictions Judicial error Eyewitness identification Oregon Law Review : Vol. 89, No. 1, p. 263-304 : Eyewitness Errors and Wrongful Convictions: Let’s Give Science a Chance Eyewitness Errors and Wrongful Convictions: Let’s Give Science a Chance Article