Oregon Law Review : Vol. 98, No. 2 (2020)
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Item access-status.open.access.listelement.badge Unnecessary Incarceration(University of Oregon School of Law, 2020-07-01) Makar, ZinaEvery pretrial detainee is presumed innocent. Despite this presumption, an individual accused of a crime may be detained prior to trial. If the accused is subsequently acquitted or the charges against her are dropped during her pretrial detention, then she has no recourse against the government for the time and liberty of which she was deprived. Without any hard consequences for unnecessarily incarcerating the accused, our criminal legal system operates without any meaningful checks at the pretrial stage. One potentially powerful check would be monetary pretrial compensation. Unfortunately, pretrial compensation for unnecessary incarceration has not gained much traction in the United States for a number of deeply ingrained institutional reasons. This Article critically analyzes those reasons and sets forth a path forward to make pretrial compensation a reality.Item access-status.open.access.listelement.badge The Art and Science of Voir Dire: Empirical Research, Anecdotal Lessons from the Masters, and Illustrations Supporting the Ten Commandments of Voir Dire(University of Oregon School of Law, 2020-07-01) Caldwell, Harry MitchellThe least examined aspect of trial is voir dire. Although numerous law review articles and textbooks have studied and analyzed opening statements, direct examinations, cross-examinations, and closing arguments, voir dire has largely gone undiscussed. This is, in part, because, with few exceptions, voir dire is the product of local customs and idiosyncrasies that vary not just from state to state, or even from county to county, but oftentimes from courtroom to courtroom within the same courthouse. Another reason for the relative paucity of voir dire research and examination is the freewheeling nature of voir dire itself. As the only aspect of trial where advocates directly interact with persons from outside the justice system, prospective jurors bring an element of uncertainty and unpredictability to voir dire that can defy efforts to suggest generalized approaches let alone specific rules. Yet, despite the somewhat chaotic and even messy nature of voir dire, some truisms can and will assist counsel. This Article speaks to those truisms. The ten commandments set forth in this Article instruct counselors how to effectively conduct voir dire.Item access-status.open.access.listelement.badge Disqualifications in Horse Racing(University of Oregon School of Law, 2020-07-01) Marzen, Chad G.This Article makes a novel contribution to the law review literature on horse racing by comprehensively examining the various grounds for litigation in racehorse disqualifications.Item access-status.open.access.listelement.badge Targeted Taxes: Localities Take Aim at Large Employers to Solve Homelessness and Transportation Challenges(University of Oregon School of Law, 2020-07-01) Appleby, AndrewMany localities are facing unprecedented challenges—such as a dramatic rise in homelessness and insufficient transportation infrastructure—that have reached crisis levels. These localities are in a precarious position. If they do not solve these problems quickly, or if they impose overbearing and poorly designed taxes, there will be dire economic and social repercussions. In response to these challenges, several localities recently enacted or proposed taxes targeted directly at large businesses, with revenues allocated explicitly for a designated purpose. Localities are gravitating toward targeted taxes for several reasons. Some assert that the success of large employers within the locality contributed to, or even directly created, these challenges. Perhaps most importantly, targeted tax laws serve a clear expressive function. Depending on the locality’s primary objective, targeted taxes may be problematic and counterproductive.Item access-status.open.access.listelement.badge An Even Playing Field: The Goal of Gender Equity in World Cup Soccer(University of Oregon School of Law, 2020-07-01) Haile, Andrew J.This Article traces the history of strife between the Women’s National Team and the U.S. Soccer Federation. The troubled relationship is a result of the mismatch between the team’s superior results but lower pay compared to the Men’s National Team.Item access-status.open.access.listelement.badge The DOJ’s Defense of Deception: Antitrust Law’s Role in Protecting the Standard-Setting Process(University of Oregon School of Law, 2020-07-01) Leslie, Christopher R.Until recently, conventional wisdom held that antitrust law should help ensure that patentholders honor their commitments to standard-setting organizations (SSOs) to charge a reasonable royalty. Like many conventional wisdoms, this one has been turned on its head since Donald Trump’s ascent to power.