Now showing items 1-8 of 8

    • Llewellyn Slept Here: A Short History of Sticky Contracts and Feudalism 

      Preston, Cheryl B.; McCann, Eli (University of Oregon School of Law, 2012)
      Part I of this article discusses the dangers of adhesion contracts, particularly in the online context, where they are most susceptible to abuse. In Part II, we discuss foundational contract principles, specifically the ...
    • Adversarial No More: How Sua Sponte Assertion of Affirmative Defenses to Habeas Wreaks Havoc on the Rules of Civil Procedure 

      Macfarlane, Katherine A. (University of Oregon School of Law, 2012)
      In every federal civil case, a defendant must raise its affirmative defenses in the pleading that responds to a plaintiff’s complaint. According to Federal Rule of Civil Procedure 8(c), failure to properly plead, for ...
    • The Mentally Disordered Criminal Defendant at the Supreme Court: A Decade in Review 

      Klein, Dora W. (University of Oregon School of Law, 2012)
      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 ...
    • A New Vehicle for Mission-Driven Work: Is the Low-Profit Limited Liability Company Right for Oregon? 

      Flaherty, Maura K. (University of Oregon School of Law, 2012)
      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 ...
    • The Dividing Line: Applying the Navigability-for-Title Test after PPL Montana 

      Lipinski, Rachael (University of Oregon School of Law, 2012)
      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 ...
    • The Silent Sovereign: Tipping the Scales in Reverse-Erie Applications of Indian Law 

      Van Wieren, Amanda (University of Oregon School of Law, 2012)
      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 ...
    • Why Delaware LLCs? 

      Gevurtz, Franklin A. (University of Oregon School of Law, 2012)
      For years, scholars have debated why parties choose to incorporate under Delaware law companies that operate businesses in other states—since different answers to this question lead to different normative assessments of ...
    • Copyright Law and Pornography 

      Bartow, Ann (University of Oregon School of Law, 2012)
      Sex-for-hire is usually illegal, unless it is being filmed. Debates about pornography tread uneasily into legal terrain that implicates freedom of expression under the First Amendment, the specter of censorship, and genuine ...