Works by the Law Students
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Recent Submissions
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Oregon Law Review : Vol. 86 No. 4, p.1201-1240 : MySpace, Your Space, or Our Space? New Frontiers in Electronic Evidence
(University of Oregon School of Law, 2008)This Comment argues that traditional legal rules are generally ineffective in addressing the new challenges that electronic evidence poses and that such challenges require new solutions. Many of the lessons learned from ... -
Oregon Law Review : Vol. 86 No. 4, p.1151-1200 : A Healthy Food Tax Credit: Moving Away from the Fat Tax and Its Fault-Based Paradigm
(University of Oregon School of Law, 2008) -
Marine Protected Areas off the Coast of Oregon: Legal Framework, Initial Recommendations, and Proposed Oregon Legislation Establishing a Heceta-Stonewall Banks Marine Protected Area
(2008-10-10)This paper addresses some current federal and state legal authorities that may serve as a framework for establishing transboundary MPAs (MPAs across both federal and state waters) off the Oregon coast, makes some initial ... -
Journal of Environmental Law & Litigation : Vol. 23, No. 1, p.191-222 : Climate Change 101: Urgency and Response
(University of Oregon School of Law, 2008) -
Journal of Environmental Law & Litigation : Vol. 23, No. 1, p. 241-274 : Watering Down Federal Court Jurisdiction: What Role Do Federal Courts Play in Deciding Water Rights?
(University of Oregon School of Law, 2008)Within the context of water rights issues, this Note discusses how federal courts have analyzed Colorado River in deciding whether to exercise jurisdiction or abstain because of “exceptional circumstances.”8 Part I ... -
Journal of Environmental Law & Litigation : Vol. 23, No. 1, p. 035-072 : Massachusetts v. EPA: Rescuing Icarus with Environmental Federalism
(University of Oregon School of Law, 2008)This Article first addresses the ultimate impact of Massachusetts [v. EPA] in the context of the law of climate change in the United States. We analyze the immediate implications of probable regulatory actions at the ... -
Oregon Law Review : Vol. 86 No. 3, p. 865-894 : Redefining What It Means to Be Charitable: Raising the Bar with a Public Benefit Requirement
(University of Oregon School of Law, 2007)This Comment seeks to explain how a public benefit requirement will improve the charitable sector in America. Part I explains what it means to be “charitable” in American tax law, and provides a general idea of what an ... -
Oregon Law Review : Vol. 86 No. 1, p.249-294 : Cages, Clinics, and Consequences: The Chilling Problems of Controlling Special-Interest Extremism
(University of Oregon School of Law, 2007)Part I of this Comment provides a background on AETA from its origins in the bioresearch industry to its adoption as law. Part II compares the crimes of militant animal protectionists with those of militant abortion ... -
Oregon Law Review : Vol. 86 No. 1, p. 219-248 : How to Stop a Predator: The Rush to Enact Mandatory Sex Offender Residency Requirements and Why States Should Abstain
(University of Oregon School of Law, 2007)A new trend in state legislation emerged as twenty-two states entered legally unsettled waters by enacting various residency restrictions for convicted sex offenders. Legislators tout the need for such residency restrictions ... -
Journal of Environmental Law & Litigation : Vol. 22, No. 2, p. 383-414 : Assimilation, Enclaves, and Take: How States Might Protect Wildlife on Federal Reservations
(University of Oregon Law School, 2007)Part I of this Note briefly discusses the interrelationship between state and federal regulation of wildlife and the constitutional constraints. Part II provides a primer on federal enclave law. Part III discusses the ... -
Journal of Environmental Law & Litigation : Vol. 22, No. 1, p. 153-196 : The Pacific Salmon Treaty: A Historical Prescription for the Future
(University of Oregon School of Law, 2007)While the Pacific Salmon Treaty was reauthorized in 1999 (1999 Agreement), management of Pacific salmon under the Treaty has remained contentious and many salmon populations have continued to decrease in abundance. ... -
Journal of Environmental Law & Litigation : Vol. 21, No. 1, p. 207-250 : Shaping Oregon Climate Policy in Light of the Kyoto Protocol
(University of Oregon School of Law, 2006)This Comment focuses on the frontier of climate policy in the State of Oregon. Specifically, in light of the implementation of a global cap-and-trade system for greenhouse-gas (GHG) emissions under the Kyoto Protocol ... -
Journal of Environmental Law & Litigation : Vol. 21, No. 1, p.157-206 : Putting the €Sustainable€ Back in Sustainable Development: Recognizing and Enforcing Indigenous Property Rights as a Pathway to Global Environmental Sustainability
(University of Oregon School of Law, 2006)This Comment proceeds in four parts. Part I traces the historical development of the colonialist conception of indigenous property rights, and describes how that conception continues to facilitate the developed world’s ... -
Oregon Law Review : Vol. 85 No. 4, p. 1063-1094 : Missing from Oregon’s Takings Clause: The Right to a Jury Trial of Compensation in Eminent Domain Proceedings
(University of Oregon School of Law, 2007)Although it may be surprising to some, no federal constitutional right to a jury trial exists for eminent domain actions, since, prior to the adoption of the U.S. Constitution, these actions were not tried to a common ... -
Oregon Law Review : Vol. 85 No. 4, p. 1027-1062 : Fairness or Fiction: Striking a Balance Between the Goals of § 1983 and the Policy Concerns Motivating Qualified Immunity
(University of Oregon School of Law, 2007)Part I provides a brief overview of the background of qualified immunity, including its development and the motivations behind its creation. Part II examines the narrowest approach taken by any of the circuits in regard ... -
Oregon Law Review : Vol. 85, No. 3, p. 853-894: Black and White: What Law and Literature Can Tell Us About the Disparate Opinions in Griswold v. Connecticut
(University of Oregon School of Law, 2006) -
Oregon Law Review : Vol. 85, No. 3, p. 815-852 : Charming the Eight-Hundred-Pound Gorilla: How Reconsideration of Home Rule in Oregon Can Help Metro Tame Measure 37
(University of Oregon School of Law, 2006) -
Oregon Law Review : Vol. 83, No. 4, p. 1349-1388 : Users and Abusers: Has the Distinction Been Legislated out of Copyright?
(University of Oregon School of Law, 2004)