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University of Oklahoma College of Law Digital Commons

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    Content Posted in 2017

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    2016 Eugene Kuntz Award for Leadership in Natural Resources Law and Policy: Larry Nichols, R. Clark Musser

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    Abner Stelson.

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    Access to Energy in Indian Country: The Difficulties of Self-Determination in Renewable Energy Development, Nicholas M. Ravotti

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    Access to Genetics Resources in Indonesia: Need Further Legislation?, Emmy Latifa

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    Access to Government Information is a Foundation of American Democracy--But the Courts Don't Get It, Frederick A. O. Schwarz Jr.

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    Accommodating the UCCJEA and the 1996 Hague Convention, Robert G. Spector

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    Achieving Fundamental Fairness for Oklahoma's Juveniles: The Role for Competency in Juvenile Proceedings, Mary Sue Backus

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    Acting for the Left Behind: How the Native CLASS Act Could Close the Gaps in American Indian Education, Aaron J. Stewart

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    Ada Lois Sipuel Fisher: How a “Skinny Little Girl” Took on the University of Oklahoma and Helped Pave the Road to Brown v. Board of Education, Cheryl B. Wattley

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    Adaptation Nation: Three Pivotal Transitions in American Law & Society Since 1886, Mariano-Florentino Cuéllar

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    A Dedication to Andrew E. Taslitz: "It's All About the Egyptians," and Maybe Tinderbell Too, Stephen E. Henderson

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    A Device Designed to Manipulate Diversity Jurisdiction: Why Courts Should Refuse to Recognize Post-Removal Damage Stipulations, Benjamin T. Clark

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    Admissions Online: Statements of a Party Opponent in the Internet Age, Dylan Charles Edwards

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    Adverse to Reason: The Texas Supreme Court’s Disconcerting Approach to Adverse Possession of Mineral Leases in the Pool Case and Its Progeny, Ivan Laurence London

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    A Failure of Substance and a Failure of Process: The Circular Odyssey of Oklahoma's Corporate Law Amendments in 2010, 2012, and 2013, Steven J. Cleveland

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    A Framework for Untangling Intents in Posthumous Sperm Extraction, Lark Zink

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    A Great Writ Reduced: Why the Tenth Circuit’s Interpretation of Congressional Intent and Supreme Court Precedent Portends Defeat for State Prisoners Seeking Federal Habeas Corpus Relief, Elizabeth J. Barnett

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    Agricultural Biogechnology: United States Statutory Law, Jo Lynn Jeter

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    Agricultural Biotechnology: United States Case Law, Jo Lynn Jeter

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    Agricultural Biotechnology: U.S. Policy Regarding Patent Applications, Jo Lynn Jeter

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    Agriculture and the Polluter Pays Principle: An Introduction, Margaret R. Grossman PhD, JD

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    A Guide to the Model Tribal Secured Transactions Act for Those Familiar with the Uniform Commercial Code, Elaine A. Welle

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    A Jurisprudence of Doubt: Missouri v. Seibert, United States v. Patane, and the Supreme Court's Continued Confusion About the Constitutional Status of Miranda, Johnathan L. Rogers

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    Alaska, Steven A. Rhodes and Zachary H. Barrett

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    A License to Infringe: The Tenth Circuit’s Reliance on the Reasonable Observer Test to Determine Symbolic Speech Protection of License Plates, Hayley Ray Scott

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    A Misguided Reversal: Why the Oklahoma Supreme Court Should Not Have Interpreted Saint v. Data Exchange, Inc. to Provide a Burk Tort Cause of Action to Plaintiffs Alleging Age Discrimination in Employment, Katherine R. Morelli

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    A Modern Look at Implied Covenants to Explore, Develop, and Market Under Mineral Leases [reprint, first published 1976], Patrick H. Martin

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    Anadarko Petroleum Corp. v. Thompson: Interpretation of Oil and Gas Lease Habendum Clauses in Texas and Why Oklahoma Should Maintain Its Divergent Approach to Keep Leases Alive, Ashleigh L. Boggs

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    Analyzing Oil and Gas Farmout Agreements [reprint, first published 1987], John S. Lowe

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    Anonymous Tips Alleging Drunk Driving: Why "One Free Swerve" is One Too Many, James Michael Scears

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    Another Blow to Tribal Sovereignty: A Look at Cross-Jurisdictional Law-Enforcement Agreements Between Indian Tribes and Local Communities, Andrew G. Hill

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    Applying Familiar Concepts to New Technology: Under the Traditional Oil and Gas Lease, a Lessee Does Not Need Pooling Authority to Drill a Horizontal Well That Crosses Lease Lines [reprint, first published 2017], Ernest E. Smith

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    Applying the Patents Act to Living Materials in India, Robyn Ott

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    A Prescription for Drug Liability and Regulation, Victor E. Schwartz and Phil Goldberg

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    A Primer on the Doctrine of Federal Sovereign Immunity, Gregory C. Sisk

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    Arbitration of Nursing Home Claims: Oklahoma Goes Its Own Way, Stanley A. Leasure

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    A Reasonable Doubt About "Reasonable Doubt", Miller W. Shealy Jr.

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    A Reason to Revisit Maine's Indian Claims Settlement Acts: The United Nations Declaration on the Rights of Indigenous Peoples, Nicole Friederichs

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    A Reexamination and Reformulation of the Habendum Clause Paying Quantities Standard Under Oil and Gas Leases, Alex Ritchie

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    Are Patents Really Limited to 20 Years?, Melody Wriz

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    A Review of the Department of Defense’s Energy Conservation Investment Program, Donald Cantrell

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    Arkansas, Kelli D. Smith

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    Article III and Removal Jurisdiction: The Demise of the Complete Diversity Rule and a Proposed Return to Minimal Diversity, Rodney K. Miller

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    A Shift in the Winds: What the Outer Continental Shelf Renewable Energy Program and the Dismantling of the Minerals Management Service Mean for Offshore Energy, Jeffrey C. Cartmell

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    A Square Peg in a Round Hole: Whether Traditional Trust Law "Make-Whole" Relief is Available Under ERISA Section 502(a)(3), Susan Harthill

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    A Tarnished Golden Rule — Why Badillo v. Mid Century Insurance Co. Demands Further Clarification from the Oklahoma Supreme Court Regarding the Tort of Bad Faith, Andrew Kernan

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    A Troubled House of Cards: Examining How the Housing and Economic Recovery Act of 2008 Fails to Resolve the Foreclosure Crisis, Chad Emerson

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    Attorney-Client Privilege in Patent Litigation: In Re Spalding Sports Worldwide, Matt Rodgers

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    Balancing the Crucible: The Revolving Conflict Between Fair Use and Corporate Use in the Battle to Control Domain Names, Stacey Knapp

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    Basil Brown

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    Be Aggressive with Wind Energy: Blow Away the Decommissioning Fears, Joshua Conaway

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    Beneficial Use in Oklahoma Water Law: Opportunity for Better Management or More Mischief?, Dean A. Couch and C. Lou Klaver

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    Benjamin F. Stickney

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    Big Brother is Watching: The Reality Show You Didn't Audition For, Amy Dillard

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    Big Data Distortions: Exploring the Limits of the ABA LEATPR Standards, Andrew G. Ferguson

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    Blackstone's Ninth Amendment: A Historical Common Law Baseline for the Interpretation of Unenumerated Rights, Jeffrey D. Jackson

     

    Break

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    Bridgemen Art Library, Ltd. v. Corel Corporation Revisited: Authors Guild v. Hathitrust and the New Frontier of Fair Use, Caitlin A. Buxton

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    Building Law, Not Libraries: The Value of Unpublished Opinions and Their Effects on Precedent, Anika C. Stucky

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    Calling a Spade a Spade: Understanding Sex Offender Registration as Punishment and Implications Post-Starkey, Alex Duncan

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    Can Schools Use Nanotechnology to Prevent Cell Phones from Ringing, Sarah C. Boyer

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    Can the Undue-Burden Standard add Clarity and Rigor to Intermediate Scrutiny in First Amendment Jurisprudence? A Proposal Cutting Across Constitutional Domains for Time, Place & Manner Regulations, Clay Calvert and Minch Minchin

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    Capital, Inequality, and Self-Determination: Creating a Sovereign Financial System for Native American Nations, W. Gregory Guedel, Ph.D and J. D. Colbert

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    Catalyzing More Adequate Federal Habeas Review of Summation Misconduct: Persuasion Theory and the Sixth Amendment Right to an Unbiased Jury, Ryan P. Alford

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    Cat’s in the Cradle: Tenth Circuit Provides Silver Spoon of Subordinate Bias Liability in EEOC v. BCI Coca-Cola Bottling Co. of Los Angeles, Curtis J. Thomas

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    Cause to Believe What? The Importance of Defining a Search's Object - Or, How the ABA Would Analyze the NSA Metadata Surveillance Program, Christopher Slobogin

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    Censorship on the Internet: Who Should Make the Rules, Joe Zopolsky

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    Changed Embraces, Changes Embraced? Renouncing the Heterosexist Majority in Favor of a Return to Traditional Two-Spirit Culture, Trista Wilson

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    Changing Currents: Climate Change and Stakeholder Involvement in the Colorado River Basin, Kristen M. Dikeman

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    Charting the Contours of a Copyright Regime Optimized for Engineered Genetic Code, Christopher M. Holman

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    Choice of Law: Defining the Place of Performance for General Contract Disputes in Oklahoma, Patrick L. Stein

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    Christman v. Confederated Tribes of Grand Ronde: A Chapter in the Disenrollment Epidemic, Tabitha Minke

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    Clear as Mud: How Heldermon v. Wright Missed an Opportunity to Clarify Oklahoma's Murky Water Law, H. Cole Marshall

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    Clerks in public offices -- Increase pay of

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    Closing Loopholes or Creating More? Why a Narrow Application of SORNA Threatens to Defeat the Statute’s Purpose, Terra R. Lord

     

    Closing Remarks

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    Closing Time: Removing the State of Oklahoma from Alcohol Regulation in Indian Country, Ryan Wilson

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    CLS Band International v. Alice Corp. Pty. Ltd.: Determining a Standard for Abstract Idea Patent Eligibility, Zachary Lee

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    Cobell Settlement Finalized After Years of Litigation: Victory at Last?, Brooke Campbell

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    Collaborative Regulation: Cooperation Between State and Federal Governments is Key to Successful Immigration Reform, Brett Merritt

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    Colorado, Diana S. Prulhiere, David R. Little, and Casey C. Breese

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    Comity, Finality, and Oklahoma’s Lethal Injection Protocol, Jon Yorke

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    Conference Transcript: Heeding Frickey's Call: Doing Justice in Indian Country

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    Confusion Abounds Regarding Patent Eligibility Within the Biotechnology Community, Foster Dobry

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    Constitutionally Excluded Confessions: Applying America's Lessons to a Democratic Iraq, Joseph T. Thai

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    Continuing to Work for Indian Country in the 115th Congress, T. Michael Andrews

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    Contractor Beware—Increased Damages Ahead: The Tenth Circuit Predicts That Oklahoma Would Allow New Businesses to Recover Lost Profits in Specialty Beverages, L.L.C. v. Pabst Brewing Co.*, Brandon M. Watson

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    Corporate Transparency and the First Amendment: Compelled Disclosures in the Wake of National Association of Manufacturers v. SEC, Emma Land

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    Courthouses, Bookshelves, and Portals: The Implications of U.S. v. American Library Association on First Amendment Forum Analysis and Future Internet-Based Litigation Strategies, Alexandra R. Harrington

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    Creating Bright-Line Rules for Tribal Court Jurisdiction Over Non-Indians: The Case of Trespass to Real Property, Grant Christensen

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    Credit Rating Immunity? How the Hands-Off Approach Toward Credit Rating Agencies Led to the Subprime Credit Crisis and the Need for Greater Accountability, A. Brooke Murphy

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    Curing a Monumental Error: The Presumptive Unconstitutionality of Ten Commandment Displays, Peter Irons

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    Current and Emerging Issues in Oil and Gas Title Examination, Timothy C. Dowd

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    Cutting the Fat Out of Health-Care Costs: Why Medicare and Medicaid Write-Offs Should Not Be Recoverable Under Oklahoma’s Collateral Source Rule, Michael W. Cromwell

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    Cyberspace…The Final Frontier: How the Communications Decency Act Allows Entrepreneurs to Boldly Go Where No Blog Has Gone Before, Aaron Jackson

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    Danforth, Retroactivity, and Federalism, J. Thomas Sullivan

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    Dastar v. Twentieth Century Fox--One Can't Get Back by Trademark What One Gave Up Under Copyright, Sue Mota

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    Decrypting the Code of Ethics: The Relationship Between an Attorney's Ethical Duties and Network Security, Ash Mayfield

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    Deep Pocket Jurisprudence: Where Tort Law Should Draw the Line, Victor E. Schwartz, Phil Goldberg, and Christopher E. Appel

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    Defending the Cobell Buy-Back Program, Rebekah Martin

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    Defending the "Indefensible": Replacing Ethnocentrism with a Native American Cultural Defense, Megan H. Dearth

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    Defending the Polygon: The Emerging Human Right to Communal Property, Thomas T. Ankersen and Thomas K. Ruppert

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    Defending the Public Domain—The First Amendment, the Copyright Power, and the Potential of Golan v. Gonzales, J. Blake Pinard

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    Defining Indian Status for the Purpose of Federal Criminal Jurisdiction, Katharine C. Oakley

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    Democracy's Paradox: Popular Rule as a Constitutional Limit on Foreign Policy Promoting Popular Rule, Harry F. Tepker Jr.

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    Developing Disaster: How Developers Are Using a Covenant to Steal from Homeowners and Why the States Should Stop Them, Amy Kathleen Lewis

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    Differences Without Distinctions: Boyle's Government Contractor Defense Fails to Recognize the Critical Differences Between Civilian and Military Plaintiffs and Between Military and Non-Military Procurement, John L. Watts

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    Digital Effects: The Fourth Amendment and Computer Searches Warrants, Ash Moore

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    Displacing the Judiciary: Customary Law and the Threat of a Defensive Tribal Council: A Book Review of Raymond D. Austin, Navajo Courts and Navajo Common Law: A Tradition of Tribal Self-Governance (2009), Ezra Rosser

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    Distinguishing True Persecution from Legitimate Prosecution in American Asylum Law, Michael English

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    Does Due Process Have an Original Meaning? On Originalism, Due Process, Procedural Innovation...and Parking Tickets, Lawrence Rosenthal

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    Domestic Well Exemption in Oklahoma Groundwater Law - Impact and Implications, Drew L. Kershen

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    Don Juan Madrazo

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    Don't Tell Your Boss? Blowing the Whistle on the Fifth Circuit's Elimination of Anti-Retaliation Protection for Internal Whistleblowers Under Dodd-Frank, Jeff Vogt

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    Don't Throw the Baby Out With the Bath Water: The Merits of the Intermediate Approach to the Securities Litigation Uniform Standards Act, Selby P. Brown

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    Dormancy Versus Innovation: A Next Generation Dormant Commerce Clause, Sam Kalen

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    Do the Evolution: The Effect of KSR v. Teleflex on Biotechnology, Josh Harrison

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    E-Commerce All at Sea: China Welcomes Digital Bills of Lading Under the Electronic Signature Law 2005, Felix W.H. Chan

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    E-Commerce and the Americans with Disabilities Act: Failing to Extend the ADA to the Internet in Access Now v. Southwest Airlines, Emily Short

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    Editor's Introduction, Micah L. Adkison

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    Editor's Introduction, Micah L. Adkison

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    Editor's Introduction, Mason W. Smith

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    Editor's Introduction, Mason W. Smith

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    Editor's Introduction, Mason W. Smith

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    Editor's Introduction, Mason W. Smith

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    Emailer Beware: The Fourth Amendment and Electronic Mail, E. Parker Lowe

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    EME Homer City Generation, L.P. v. E.P.A.: Restraining the Federal Government's Leadership Role in Stopping Interstate Air Pollution, Matt Jones

     

    Emerging Issues in Oil and Gas Law & Policy, Keith Hall, Chris Kulander, Tara Righetti, and Alex Ritchie

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    Emerging Issues: New Uses, Whether Threat or Chance, What is the Current and Appropriate Legal Treatment?, Qadir Qeidary

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    Energy Litigation Update 2016, Mark D. Christiansen

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    Enfeebling the ADA: The ADA Amendments Act of 2008, Jeffrey D. Jones

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    Enough Rope: Why United States v. White Plume was Wrong on Hemp and Treaty Rights, and What it Could Cost the Federal Government, Lori Murphy

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    ERISA: No Further Inquiry into Conflicted Plan Administrator Claim Denials, Don Bogan and Benjamin Fu

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    Escaping Victor's Justice by the Use of Truth and Reconcilliation Commissions, Randall T. Coyne

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    E-Sports: More Than Just a Fad, Michael McTee

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    European Energy Security, American LNG, and the Global Natural Gas Marketplace, Dr. Christopher S. Kulander

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    Exit Costs -- A New Paradign for the Treatment of International Conflicts Over Matrimonial Property Regimes?, David S. Rosettenstein

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    Exploring the Limits of Executive Civil Rights Policymaking, Stephen Plass

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    FBI's Carnivore: Under the Fourth Amendment and the USA Patriot Act, Scott Griner

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    Federal Labor Law and the Mashantucket Pequot: Union Organizing at Foxwoods Casino, Derek Ghan

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    Federal Preemption: A Roadmap for the Application of Tribal Law in State Courts, Jackie Gardina

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    Fifth Annual Henry Lecture: The Promise and Perils of Hybrid Democracy, Elizabeth Garrett

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    Five Answers and Three Questions After United States v. Jones (2012), the Fourth Amendment "GPS case", Benjamin J. Priester

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    Five Tribes' Water Rights: Examining the Aamodt Adjudications' Mechem Doctrine to Predict Tribal Water Rights Litigation Outcomes in Oklahoma, Taylor Henderson

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    Flouting Faretta: The Supreme Court’s Failure to Adopt a Coherent Communication Standard of Competency and the Threat to Self-Representation After Indiana v. Edwards, Conor P. Cleary

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    Food Choice: Should the Government Be at the Head of the Table?, Emily Semands

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    Foreign Law in American Courts, Eugene Volokh

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    Foreword, Andrew M. Coats

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    Fourth Annual Henry Lecture: Families Alone: The Changing Economics of Rearing Children, Elizabeth Warren

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    Fracturing Misconceptions: A History of Effective State Regulation, Groundwater Protection, and the Ill-Conceived FRAC Act, Wes Deweese

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    Frances Gardiner

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    Free, Prior, Informed Consent: The Key to Self-Determination: An Analysis of the Kichwa People of Sarayaku v. Ecuador, Carol Y. Verbeek

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    From the World Court to Oklahoma Court: The Significance of Torres v. State for International Court of Justice Authority, Individual Rights, and the Availability of Remedy in Vienna Convention Disputes, Heather L. Finstuen

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    Game Over? Why Recent State Supreme Court Decisions Should End the Attempted Expansion of Public Nuisance Law, Victor E. Schwartz, Phil Goldberg, and Corey Schaecher

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    Gas Marketing by the Operator Under a JOA - Unrecognized Regulatory Risks and Practical Solutions, William F. Demarest Jr.

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    Geopolitics, Oil Law Reform, and Commodity Market Expectations, Robert Bejesky

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    Get Off My Porch: United States v. Carloss and the Escalating Dangers of “Knock and Talks”, Skyler K. Sikes

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    Getting Under Fido's Skin: Analyzing the Objections to Mandatory Pet Microchipping Laws, Stephen D. Lott

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    Global Child Welfare: The Challenges for Family Law, Ann Laquer Estin

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    Going Online With Telemedicine: What Barriers Exist and How Might They Be Resolved, Pierron Tackes

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    Groundwater: A Comparative Analysis of the Regulation of Groundwater Encountered in Surface Mining, Jason Aamodt, Krystina Phillips, and Rene Annesley

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    Habeas Corpus: Expired Conviction, Expired Relief: Can the Writ of Habeas Corpus Be Used to Test the Constitutionality of a Deportation Based on an Expired Conviction?, Joshua D. Smith

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    Health Information Technology and HIPAA: Can We Satisfy Security and Privacy Standards in the Digital Age, Robert Malone

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    Health Information Technology, E-Prescribing and Hurricane Katrina: Could Electronic Health Records Have Made a Difference, Robert Malone

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    Health Information Technology: Transforming the Healthcare Industry for the 21st Century, Robert Malone

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    High Hopes Hamstrung: How the “Trial De Novo” for Termination of Tenured Teachers’ Contracts Undermines School Reform in Oklahoma, N. Georgeann Roye

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    Hostile Indians in Florida

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    How America's Newest Consumer Credit Statute Fails to Protect Its Oldest Consumers: A Critique of the Credit CARD Act of 2009, Michael A. Furlong

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    How Exclusive is the Workers' Compensation Exclusive Remedy? 2010 Amendments to Oklahoma Workers' Compensation Statute Shoot Down Parret, Matthew K. Brown

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    How the Fifth Circuit Freed Willy and Harpooned Corporate Ability to Shield Retaliation Suits: A Critique Twenty Years in the Making, Matthew Beery

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    How Tribal Water Rights are Won in the West: Three Case Studies from the Northwest, Rebecca Cruz Guiao

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    Human Capital and Transfer Taxation, Kerry A. Ryan

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    Humble Beginnings: A History of the OU College of Law, Bob Burke and Steven W. Taylor

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    I Don’t Believe That Answers Our Question: The Story of White v. Woodall and How the Supreme Court’s Silence Is Adversely Affecting the Fifth Amendment Privilege, Nathan B. Hall

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    Illinois, Justin Fisher

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    Illinois frontier settlers

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    Improving Microfinance Through International Agreements and Tailoring the System to Assist Indigenous Populations, Jacob Krysiak

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    Improving Tax Rules by Means-Testing: Bridging Wealth Inequality and “Ability To Pay”, James M. Puckett

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    Incoming: Regulating Drones in Oklahoma, Jane Dunagin

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    Indigenous and Tribal Peoples' Rights Over Their Ancestral Lands and Natural Resources: Norms and Jurisprudence of the Inter-American Human Rights System, Inter-American Commission on Human Rights

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    Indigenous People, Human Rights, and Consultation: The Dakota Access Pipeline, Walter H. Mengden IV

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    Inhabitants of La Salle County, Illinois

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    In Memoriam: Tributes to Professor Frank Elkouri, Joseph Harroz Jr., Theodore J. St. Antoine, Randall T. Coyne, Drew L. Kershen, and Judith L. Maute

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    Inquiry Notice: Merck & Co. v. Reynolds and the Need for Requiring Private Investors to Investigate Potential Securities Fraud, Joel Alan Borkenhagen

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    Intellectual Property Rights and Informed Consent in American Indian Communities: Legal and Ethical Issues, Naomi Palosaari

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    Intending to Confuse: Why Preponderance is the Proper Burden of Proof for Intentional Trademark Infringements Under the Lanham Act, Kelly Collins

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    Interlocutory Appeals Under the Federal Arbitration Act and the Effect on the District Court’s Proceedings, Michael P. Winkler

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    International Law: The Compatibility of the Rome Statute of the International Criminal Court with the U.S. Bilateral Immunity Agreements Included in the American Servicemembers Protection Act, Eric M. Meyer

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    International Patent Treaties: An Attempt to Make Intellectual Property Rights in Living Matter More User-Friendly, Steven M. Ruby

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    Internet Gambling: A Road to Strengthening Tribal Self-Government and Increasing Tribal Self-Sufficiency While Protecting American Consumers, Chris J. Thompson

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    Interstate Compacts Establishing State Entitlements to Water: An Essential Part of the Water Planning Process, Charles T. DuMars and Stephen Curtice

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    Introduction, Megan Wischmeier Shaner

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    Introduction to the IACHR Report on Indigenous and Tribal Peoples' Rights Over their Ancestral Lands and Natural Resources: Norms and Jurisprudence of the Inter-American Human Rights System, Taiawagi Helton

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    iRight: There's No App for That, Justin Hinderliter

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    Irreconcilable Similarities: The Inconsistent Analysis of 212(c) and 212(h) Waivers, Kate Aschenbrenner Rodriguez

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    "It's a Trap": cDNA is Patent Eligible? But is it Patentable?, Jeremy McKinney

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    James Collier

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    John and James Brown

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    John B. Perkins

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    Joseph Cooper

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    Judicial Iron Triangles: The Roadless Rule to Nowhere--And What Can Be Done to Free the Forest Service's Rulemaking Process, Christopher Cumings

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    Just a Miner Threat? The Fourth Circuit Refuses to Review Temporary Reinstatement Orders Through the Collateral Order Doctrine, Lindsay N. Kistler

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    Justness! Speed! Inexpense! An Introduction to The Revolution of 1938 Revisited: The Role and Future of the Federal Rules, Steven S. Gensler

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    Just Say No (To American Capitalism): Why American Indians Should Reject the Model Tribal Secured Transactions Act and Other Attempts to Promote Economic Assimilation, Aaron Drue Johnson

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    Kansas, Sarah Trainer and Steven A. Rhodes

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    Kentucky, Sarah M. Lange

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    Kiobel and Extraterritoriality: Here, (Not) There, (Not Even) Everywhere, Edward T. Swaine

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    Kiss the Ring, but Never Touch the Crown: How U.S. Policy Denies Indian Women Bodily Autonomy and The SAVE Native Women Act's Attempt to Reverse that Policy, Hossein Dabiri

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    Land Claims, &c., under 14th article Choctaw Treaty

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    Lands to organized militia men, &c

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    Legislating New Federalism: The Call for Grand Jury Reform in the States, John F. Decker

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    Lessons from the NBA Lockout: Union Democracy, Public Support, and the Folly of the National Basketball Players Association, Matthew Parlow

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    Letting One Fly Over the Cuckoo's Nest: Why Automatic Reversal is the Only Effective Remedy for Denial of Counsel at a Mental Competency Hearing, Jenny Fehring

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    Light in the Darkness: How the LEATPR Standards Guide Legislators in Regulating Law Enforcement Access to Cell Site Location Records, Susan Freiwald

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    Lincoln at 200: On Lincoln's Statemanship, Dred Scott and Constitutional Evil, Harry F. Tepker Jr.

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    Looking for Lagniappe: Publicity as a Culprit to Social Networking Websites, Kristin Decker

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    Looking for Love in All the Wrong Places: A Call to Reform State Law on Sex Trafficking, Kristian Bryant Rose

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    Losing Control: Regulating Situational Crime Prevention in Mass Private Property, Robert E. Pfeffer

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    Losing Ground: Seminole and the Annexation Power of Municipalities in Oklahoma, Kristen M. O'Connor

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    Louboutin's Trademark Suit Against Yves Saint Laurent: Creating a Color War in the Fashion Industry, Nicollette Brandt

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    Louisiana, Rachel Cummings

     

    Lunch

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    Making a Mark in the Internet Economy: A Trademark Analysis of Search Engine Advertising, Mark Bartholomew

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    Making America Work: Alfred P. Murrah Professorship Inaugural Lecture, Jonathan B. Forman

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    Making Effective Rules: The Need for Procedure Theory, Robert G. Bone

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    Making Plaintiffs Whole: A Tax Problem of Interest, William E. Foster

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    Maryland, Davin L. Seamon

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    Mashed Up Videos and Broken Down Copyright: Changing Copyright to Promote the First Amendment Values of Transformative Video, Andrew S. Long

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    May I See Your ID? How Voter Identification Laws Disenfranchise Native Americans' Fundamental Right to Vote, Sally Harrison

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    Meet the New Test, Same as the Old Test: In re Spearing Tool’s Rejection of the Revised Article 9 Rules Means Secured Creditors Will Get Fooled Again, Joshua L. Edwards

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    Mega Sporting Events Procedures and Human Rights: Developing an Inclusive Framework, Abby Meaders Henderson

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    Memorial of the Legislative Council of the Territory of Michigan, praying that a territorial government be established for the western part of said territory, or Wisconsin, &c

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    Michigan, M. Vafa Barissi

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    Miller v. Department of Corrections: The Application of Title VII to Consensual, Indirect Employer Conduct, Stephen Dacus

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    Mind the Gap: Issues with and Solutions to Oklahoma’s Appellate Jurisdiction as Exposed by Lockett v. Evans, Jonathan Bryant

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    Minimizing Antitrust Risks in Joint Ventures, Joint Bidding, and AMIs: A Review of Recent Enforcement Activities, William M. Katz, Jr.; Catherine Clemons; and Alexander T. Dimock

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    Missouri, Heather Gale Graham

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    Montana, Jessica E. McDonald

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    More Money, More Problems: How Oklahoma’s Novel Approach to Ponzi Scheme Clawbacks in Oklahoma Department of Securities ex rel. Faught v. Blair Means More Uncertainty for Investors, Elizabeth Blair Wozobski

     

    More Than an Assertion: How United States v. Pulungan Nudged the Directorate of Defense Trade Controls Toward Increased Transparency, Cody Jones

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    Mutual Fund Advisory Fees: New Evidence and a Fair Fiduciary Duty Test, John P. Freeman, Stewart L. Brown, and Steve Pomerantz

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    Native American Graves Protection and Repatriation Act: Requiring Federal Recognition Digs its Own Grave, Laura Ruth Talbert

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    Native Hawaiians and the Ceded Lands Trust: Applying Self-Determination as an Alternative to the Equal Protection Analysis, R. Hōkūlei Lindsey

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    Nebraska, Ashley Howie Tallichet

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    Nevada, Kacie M. Bevers

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    New Mexico, Zach Gaver

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    New York, Nathaniel I. Holland and Benedict J. Kirchner

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    North Dakota, William J. Black

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    Not All "Units" are Created Equal: How Hebble v. Shell Western E&P, Inc. Missed an Opportunity to Curb the Expansion of Fiduciary Obligations in Oklahoma Oil and Gas Law, Brad Secrist

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    Not Dead Yet, Richard L. Marcus

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    Not So Fast: Quon v. Arch Wireless Is Not Employees' License to Text the Workday Away, Amanda R. Higgins

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    Objections to Disclosure Settlements: A How-To Guide, Sean J. Griffith and Anthony A. Rickey

    PDF

    Of Principle and Prudence: Analyzing the F.B.I.'s Reluctance to Electronically Record Interrogations, Kristian Bryant Rose

    PDF

    Ohio, Melissa Grimes, Eli Humphries, Tim McKeen, and Andreah Frenn

    PDF

    Oklahoma, Matt Schlensker and Justin Fisher

    PDF

    Oklahoma Advance Directive Act: Denying Choice to Those Who Cannot Choose--A Proposal for Legislative and Practical Alternatives, Matthew B. Hickey

    PDF

    Oklahoma Landlords Beware: Miller v. David Grace, Inc. Abandons Caveat Emptor in Residential Leases, Jamie M. Powers

    PDF

    Oklahoma's Indigency Determination Scheme: A Call for Uniformity, Carrie Savage Phillips

    PDF

    Oklahoma's Parentless Child: Determining the Best Interests of the Child by Making Multilateral Adoption Decisions, Cara Rodriguez

    PDF

    Oklahoma's Save Our State Amendment and the Conflict of Laws, John T. Parry

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    Oklahoma's Save Our State Amendment: Two Issues for the Appeal, John T. Parry

    PDF

    Oklahoma Water Rights: What Good Are They?, Gary Allison

    PDF

    Osage Nation v. Irby: The Tenth Circuit Disregards Legal Precedent to Strip Osage County of its Reservation Status, Barbara Moschovidis

    PDF

    OU Law: Cultivating Character, Brad Henry

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    Our Records Panopticon and the American Bar Association Standards for Criminal Justice, Stephen E. Henderson

    PDF

    Overlapping Remedies and the Unexpected Termination of Oil and Gas Leases [reprint, first published 2011], David R. Percy, QC and David McGillivray

    PDF

    Pain in the Ash? EPA's Proposed Regulation of Fly Ash and the Impending Economic Threat to Sustainable Concrete, Briana Novian

    PDF

    Panel Discussion at "Signs of the Times: The First Amendment and Religious Symbolism"

    PDF

    Patentability of Living Matter Related to Biofuel Production in the U.S., Nathan K. Shrewsbury

    PDF

    Patentability of Plants, Animals and Microorganisms in India, Robyn Ott

    PDF

    Patent Reform Act of 2010: The Time for Change is Now, Shivan Mehta

    PDF

    P = E(2) and Other Thoughts on What is the Value of Participation?, Michael J. Pitts

    PDF

    Peace on Earth, Goodwill in Divorce: Revisiting Travis in Light of Oklahoma’s Revised Ethical Rule Allowing the Sale of Law Practice Goodwill, Jennifer D. Ary-Hogue

    PDF

    Pennsylvania, Nathaniel I. Holland, Jon C. Beckman, Benedict J. Kirchner, and Sarah Quinn

    PDF

    Perfect 10 v. Visa: The Future of Contributory Copyright Infringement, James M. Tilly

    PDF

    Picking Up Where Katcoff Left Off: Developing a Framework for a Constitutional Military Chaplaincy, Malcolm H. Wilkerson

    PDF

    Piped In: The Tenth Circuit Weighs In on Extending American Pipe Tolling in State Farm Mutual Automobile Insurance Co. v. Boellstorff, Caleb Brown

    PDF

    Pitfalls in Developing Lands Burdened by Non-Participating Royalty: Calculating the Royalty Share and Coexisting with the Duty Owed to the Non-Participating Royalty Owner by the Executive Interest [reprint, first published 1995], Phillip E. Norvell

    PDF

    Planning Ahead: Consistency with a Comprehensive Land Use Plan Yields Consistent Results for Municipalities, Nathan Blackburn

    PDF

    Plant Variety in the Republic of Korea: Seed Industry Law, Yoonjin Buyn

    PDF

    Playing Telephone: The Federal Circuit Misinterprets Precedent By Ignoring Context in Sky Technologies, LLC v. SAP AG, Christopher M. Crouch

    PDF

    Plea Bargaining's Survival: Financial Crimes Plea Bargaining, a Continued Triumph in a Post-Enron World, Lucian E. Dervan

    PDF

    Please Let Me Stay": Hearing the Voice of the Child in Hague Abduction Cases, Linda Elrod

    PDF

    Please Plead Me: Ashcroft v. Iqbal and Implications for Oklahoma Pleading, Paula M. Williams

    PDF

    Plunging into the Information Age: The Effect of Current Competition Policy on United States Science and Technology Policy, Michael Betts

    PDF

    Policies of Inequity--A World Apart: A Comparison of the Policies Toward Indigenous Peoples of a Post-Colonial Developing Nation to Those of a Post-Industrial Developed Nation, Caitlain Devereaux Lewis

    PDF

    Post-Myriad Genetics Copyright of Synthetic Biology and Living Media, Michael D. Murray

    PDF

    Pre-emption rights defeated by Indian reservations

    PDF

    Preserving Indian Preference for Native American Self-Governance, Freya Ray

    PDF

    Pro-Gun Property Regulation: How the State of Oklahoma Controls the Property Rights of Employers Through Firearm Legislation, J. Blake Patton

    PDF

    Protecting Pocahontas's World: The Mattaponi Tribe's Struggle Against Virginia's King William Reservoir Project, Allison M. Dussias

    PDF

    Protecting the Democratic Process in Indian Country Through Election Monitoring: A Solution to Tribal Election Disputes, Derek H. Ross

    PDF

    Protecting the Good-Faith Tenant: Enforcing Retaliatory Eviction Laws by Broadening the Residential Tenant's Options in Summary Eviction Courts, Lauren A. Lindsey

    PDF

    Protecting the Lydias, Linas, and Tinas from Sex Trafficking: A Call to Eliminate Ambiguities of 18 U.S.C. § 1591, Tiffanie N. Choate

    PDF

    Protection of Plant Varieties and the Farmer's Rights Act, Robyn Ott

    PDF

    Raising Capital in Indian Country, Evan Way

    PDF

    Real Property E-Conveyances and E-Recordings: The Solution or Cause of Mortgage Fraud, Spencer Hale

    PDF

    Recent Case Decisions

    PDF

    Recent Case Decisions

    PDF

    Recent Case Decisions

    PDF

    Recent Case Decisions

    PDF

    Recent Case Decisions

    PDF

    Recent Developments in Estoppel and Preclusion Doctrines in Consumer Bancruptcy Cases; Volume I of II: Estoppel, K.M. Lewis and Paul M. Lopez

    PDF

    Reevaluating Shareholder Voting Rights in M&A Transactions, Afra Afsharipour

    PDF

    Reforming the Patent System: A Closer Look at Proposed Legislation, D. Ward Hobson Jr.

    PDF

    Regaining Control Over the Children: Reversing the Legacy of Assimilative Policies in Education, Child Welfare, and Juvenile Justice that Targeted Native American Youth, Ryan Seelau

    PDF

    Regulatory Overview of Virtual Currency, Nicholas Godlove

    PDF

    Rehabilitating Concession Theory, Stefan Padfield

    PDF

    Relation Back of Amendments Adding Plaintiffs Under Rule 15(c), Michelle L. Nabors

    PDF

    Reliability, That Should be the Question: The Constitutionality of Using Uncounseled Tribal Court Convictions in Subsequent Federal Trials after Ant, Cavanaugh, and Shavanaux, Samuel D. Newton

    PDF

    Religious Displays and the Voluntary Approach to Church and State, Thomas Berg

    PDF

    Religious Law (Especially Islamic Law) in American Courts, Eugene Volokh

    PDF

    Reply to Elizabeth Warren, F. Stephen Knippenberg

    PDF

    Report of the Select Committee of the House of Representatives, to which were referred the messages of the President U.S. of the 5th and 8th February, and 2d March, 1827, with accompanying documents and a report and resolutions of the Legislature of Georgia

    PDF

    Rescuing Rule 3(c) from the 800-Pound Gorilla: The Case for a Non-Nonsense Approach to Defective Notices of Appeal, Philip A. Pucillo

    PDF

    Researching Across the Curriculum: The Road Must Continue Beyond the First Year, Brooke J. Bowman

    PDF

    Resolution of Senator Poindexter

    PDF

    Restorative Justice to Supplement Deterrence-Based Punishment: An Empirical Study and Theoretical Reconceptualization of the EPA's Power Plant Enforcement Initiative, 2000-2011, Michael L. Rustad, Thomas H. Koenig, and Erica R. Ferreira

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    Reversing Course on Reverse Payment Settlements in the Pharmaceutical Industry: Has Schering-Plough Created the Blueprint for Defensible Antitrust Violations?, Scott A. Backus

    PDF

    Revitalizing Informed Consent and Protecting Patient Autonomy: An Appeal to Abandon Objective Causation, Evelyn Tenenbaum

    PDF

    Right Feeling and Knowing Right: Insanity in Testators and Criminals in Nineteenth Century American Law, Robert Mensel

    PDF

    Samuel Cozad.

    PDF

    Save the Wealth! Trust Decanting and Oklahoma, Tara M. Niendorf

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    Securities Law and Antitrust Law: Two Legal Titans Clash Before the United States Supreme Court in Credit Suisse Securities v. Billing, Stacey Sheely Chubbuck

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    Security Interests in Deposit Accounts, Securities Accounts, and Commodity Accounts: Correcting Article 9’s Confusion of Contract and Property, Thomas E. Plank

    PDF

    Self Interested: Protecting the Cultural and Religious Privacy of Native Americans Through the Promotion of Property Rights in Biological Materials, Kimberly Self

    PDF

    Selling Crowdfunded Equity: A New Frontier, Joan MacLeod Heminway

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    Selling Stock and Selling Legal Claims: Alienability as a Constraint on Managerial Opportunism, Charles R. Korsmo

    PDF

    Sex-Cells: Evaluating Punishments for Teen "Sexting" in Oklahoma and Beyond, John M. Krattiger

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    Shale Gas Revolution or Evolution: Opportunities and Challenges for Europe [reprint, first published 2013], Owen L. Anderson

    PDF

    Shareholder Voting in Proxy Contests for Corporate Control, Uncontested Director Elections and Management Proposals: A Review of the Empirical Literature, Randall S. Thomas and Patrick C. Tricker

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    Shifting the Burden to Internet Service Providers: The Validity of Subpoena Power Under the Digital Millennium Copyright Act, Matt Sellers

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    Silence Should Be Golden: A Case Against the Use of a Defendant's Post-Arrest, Pre-Miranda Silence as Evidence of Guilt, Marty Skrapka

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    Siting Carbon Dioxide Pipelines, Tara K. Righetti

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    SLAPPing Around the First Amendment: An Analysis of Oklahoma’s Anti-SLAPP Statute and Its Implications on the Right to Petition, Laura Long

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    Sovereign Lands, Melissa Stewart

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    Spoiled Broth? Section 895 of the Oklahoma Economic Development Pooled Finances Act Bounces between Committees and Co-opts Terms to defend your New Back Yard, Brandon Davis Kemp

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    Sprint/United Management Co. v. Mendelsohn: Tenth Circuit Employment Law Remains in “Me Too” Limbo, Emily D. Wilson

    PDF

    Standardization in Information Technology Industries: Emerging Issues Under Section Two of the Sherman Antitrust Act, Michael Betts

    PDF

    State ex rel. Oklahoma Tax Commission v. Texaco Exploration & Production, Inc.: Favoring the Drafting Party?, Jonathan D. Morris

    PDF

    States and Their American Indian Citizens, Matthew L.M. Fletcher

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    States Take the Wheel—Green Mountain Chrysler Plymntouth Dodge Jeep v. Crombie Gives States a Chance to Choose the Direction of Their Automobile Emissions Regulation, Sarah E. Leatherwood

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    Statutory Standing and the Tyranny of Labels, Radha A. Pathak

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    Stonewalling the Oklahoman Clean Energy Movement: Oklahoma Gas and Electric's 2014 Integrated Resource Plan Update, Rustin Brent Khavari

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    Stop Online Piracy Act, Nicollette Brandt

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    Straying from the Written Path: How the Supreme Court Eviscerated the Plain Meaning of the MVRA’s Ninety-Day Deadline Provision and Legislated from the Bench in Dolan v. United States, Alexander J. Sisemore

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    Strict Liability and Tax Penalties, William A. Drennan

    PDF

    Subsidizing Advanced Nuclear Energy, Maxwell S. Bayman

    PDF

    Suing Islam: Tort, Terrorism, and the House of Saud, Don Garner and Robert L. McFarland

    PDF

    Surefoot LC v. Sure Foot Corp.: A New Standard for Tenth Circuit Declaratory Judgment Jurisdiction in Intellectual Property Disputes, or How Cardtoons Got the Boot, John M. Bunting

    PDF

    Sword or Submission? American Indian Natural Resource Claims Settlement Legislation, Benjamin A. Kahn

    PDF

    Symbolic Speech: A Message from Mind to Mind, James M. McGoldrick Jr.

    PDF

    Tennessee, Gary D. Holland and Westley A. Ketron

    PDF

    Terms of Service and the Computer Fraud and Abuse Act: A Trap for the Unwary?, David A. Puckett

    PDF

    Territory, Wilderness, Property, and Reservation: Land and Religion in Native American Supreme Court Cases, Kathleen Sands

    PDF

    Terrorism and Oil & Gas Pipeline Infrastructure: Vulnerability and Potential Liability for Cybersecurity Attacks, Joseph R. Dancy and Victoria A. Dancy

    PDF

    Tethered to the Statute: How the Third Circuit’s Narrow Interpretation of 28 U.S.C. § 1920(4) Will Shape the Future of Cost-Shifting and E-Discovery for the Better, Jason L. Callaway

    PDF

    Texas, Don Hueske and Melissa Munson

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    The ABA Standards for Criminal Justice: Law Enforcement Access to Third Party Records: Critical Perspectives from a Technology-Centered Approach to Quantitative Privacy, David C. Gray

    PDF

    The ADA Amendments Act of 2008: Why the Qualified Individual Analysis is the New Battleground for Employment Discrimination Suits, Andrew E. Henry

    PDF

    The Admissibility of Eyewitness-Identification Expert Testimony in Oklahoma, Sean S. Hunt

    PDF

    The Amended Attorney-Client Privilege in Oklahoma: A Misstep in the Right Direction, Robert A. Brown

    PDF

    The Ball is in Congress's Court: Contract Support Costs Following Ramah, James J. Linhardt

     

    The Case for Oral Argument in the Supreme Court of Oklahoma, Joseph T. Thai and Andrew M. Coats

    PDF

    The Centennial Shuffle: City of Enid v. Public Employees Relations Board: How the Oklahoma Supreme Court Upheld a Century of Population-Based Classifications While Foreshadowing Another Century of Confusion Concerning the Laws that Govern Them, Kristopher Dale Jarvis

    PDF

    The Clean Water Act and Evolving Due Process: The Emergence of Contemporary Enforcement Procedures, Alexandria A. Polk

    PDF

    The Conflict Between State Tests of Tribal Entity Immunity and the Congressional Policy of Indian Self-Determination, Aaron F.W. Meek

    PDF

    The Constitutional and Contractual Controversy of Suspicionless Drug Testing of Public School Teachers, Amanda H. Cooley, Marka B. Fleming, and Gwendolyn McFadden Wade

    PDF

    The Constitutionality of the Monkey Wrench: Exploring the Case for Intelligent Design, Johnny Buckles

    PDF

    The Costly Exercise of Religion: Issues on Diocesan Bankruptcy Estate Formation and First Amendment Implications, Simon W. Bright

    PDF

    The Curse of Black Gold: How Maritime Oil Reserves Can Sink International Negotiations, Douglas R. Brooking

    PDF

    The Dangers of E-Discovery and the New Federal Rules of Civil Procedure, Ryan J. Reeves

    PDF

    The Dean Takes His Stand: Julien Monnet’s 1912 Harvard Law Review Article Denouncing Oklahoma’s Discriminatory Grandfather Clause, Harry F. Tepker Jr.

    PDF

    The Democratic Fatwa: Islam and Democracy in the Realm of Constitutional Politics, Noah Feldman

    PDF

    The Disaster After the Disaster: Insurance Companies’ Post- Catastrophe Claims Handling Practices, Kelsey D. Dulin

    PDF

    The Do-Not-Call List: Will It Survive?, Chris Kannady

    PDF

    The Dynamic Legal Environment of Daily Fantasy Sports, Elizabeth Lohah Homer

    PDF

    The Effect of the "Onco-Mouse" Decisions on the Exception to Patentability for "Animal Varieties" Under the European Patent Convention, Katrina McClatchey

    PDF

    The European Patent Office and the European Patent: An Open Avenue for Biotechnologists and "Living Inventions", Katrina McClatchey

    PDF

    The Evolution of the Applicability of ERISA to Indian Tribes: We May Finally Have Congressional Intent, but It's Still Flawed, Alicia K. Crawford

    PDF

    The Fairness of Tribal Court Juries and Non-Indian Defendants, Julia M. Bedell

    PDF

    The Foundational Importance of Participation: A Response to Professor Flanders, Joshua A. Douglas

     

    The Future of Domestic Oil and Gas Law & Policy, Bruce Kramer, Patrick Martin, Phillip Norvell, David Pierce, and Ernest Smith

     

    The Future of International Oil and Gas Law & Policy, Owen Anderson, John Lowe, David Percy, and Harry Sullivan

    PDF

    The Future of Patent Troll Legislation and Its Effects on the Energy Industry, John David Weidman

    PDF

    The Gap Created by E-Commerce: How States Can Preserve Their Sales and Use Tax Revenue in the Digital Age, Jessica Nicole Cory

    PDF

    The Gatekeepers of Shareholder Litigation, Jessica Erickson

    PDF

    The Growth of Cost-Shifting in Response to the Rising Cost and Importance of Computerized Data in Litigation, Ross Chaffin

    PDF

    The Hague Convention on Child Abduction and Unilateral Relocations by Custodial Parents: A Perspective from the United States and Europe -- Abbott, Neulinger, Zarraga, Linda J. Silberman

    PDF

    The Impact of Novartis on the European Patent Convention's Exception to Patentability for "Plant Varieties", Katrina McClatchey

    PDF

    The International Treaty on Plant Genetic Resources for Food and Agriculture: Friend of the International Farmer, Steven M. Ruby

    PDF

    The Jurisdictional Boundary Between the Oklahoma Supreme Court and the Court of Criminal Appeals: Blurred Lines, Greg Eddington

    PDF

    The Latest Phase of Negro Disfrenchisement, Julien C. Monnet

    PDF

    The Law of Attorney Fees in Family Law Cases, Robert G. Spector and Carolyn S. Thompson

    PDF

    The Legal Implications of Sony's Cyberhack, Alex Campbell

    PDF

    The legal representatives of Willie Blount

    PDF

    The Limits of the Right to Sell and the Rise of Federal Corporate Law, James J. Park

    PDF

    The Meaning of "Habitual Residence" Under the Hague Convention on the Civil Aspects of International Child Abduction and the Hague Convention on the Protection of Children, Jeff Atkinson

    PDF

    The Missing Piece: The Forgotten Role of Testator Intent in the Application of the Doctrine of Dependent Relative Revocation in Oklahoma, Julia E. Swenton

    PDF

    The Moment of Truth for fMRI: Will Deception Detection Pass Admissibility Hurdles in Oklahoma?, Julie Elizabeth Myers

    PDF

    The Myth of the "Full Ride": Cheating Our Collegiate Athletes and the Need for Additional NCAA Scholarship-Limit Reform, Christopher Davis Jr. and Dylan Oliver Malagrino

    PDF

    The New Calculus of Punitive Damages for Employment Discrimination Cases, Sandra Sperino

    PDF

    The New Red River Rivalry: Oklahoma's Unconstitutional Attempt to Calm the Waters by Restricting the Sale of Water Across State Lines, Scott M. Delaney

    PDF

    The Next Battleground? Personhood, Privacy, and Assisted Reproductive Technologies, Mark Strasser

    PDF

    The Ninth Circuit Court of Appeals' Enforcement of the Fair Labor Standards Act in Solis v. Matheson: A Discussion of Laws of General Applicability and their Impact on Tribal Sovereignty and Independence, Doug Nix

    PDF

    The On-Sale Bar After Pfaff, William E. Hickman and Michelle Saquet Temple

    PDF

    The Patent Office is Promoting Shocking New Tax Loopholes--Should the Empire Strike Back?, William A. Drennan

    PDF

    The Polluter Pays Principle in Canadian Agriculture, Marie-Ann Bowden

    PDF

    The Polluter Pays Principle in European Community and Its Impact on United Kingdom Farmers, Michael Cardwell

    PDF

    The Posterity Project: Developing a Method for Long-Term Political Reform, Edward B. Foley

    PDF

    The Quandary of Being Interactive: The Impact of Arista Records v. Launch Media on the Viability of Webcasting Services, Todd E. Saucedo

    PDF

    There is No Place Like Home: The Supreme Court's Refusal to Allow Searches of the Home Based on Disputed Consent in Georgia v. Randolph, Kyle Evans

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    The Renaissance of Law in the Law of Oil and Gas: The Contract Dimension [reprint, first published 2004], David E. Pierce

    PDF

    There's a New Act in Town: How the Oklahoma Oil and Gas Owners' Lien Act of 2010 Strengthens the Position of Oklahoma Interest Owners, Sahar Jooshani

    PDF

    The Revitalization of Ake: A Capital Defendant's Right to Expert Assistance, Cara H. Drinan

    PDF

    The Revolution of 1938 and Its Discontents, Rex R. Perschbacher and Deborah Bassett

    PDF

    The Safe Harbor Solution: Is It an Effective Mechanism for International Data Transfers Between the United States and the European Union, Alexander Zinser

    PDF

    The Sisyphean Task of Interpreting Mineral Deeds and Leases: An Encyclopedia of Canons of Construction [reprint, first published 1993], Bruce M. Kramer

    PDF

    The Sky is not Falling: An Analysis of the National Strategy for Trusted Identities in Cyberspace and the Proposed Identity Ecosystem, Aaron L. Jackson

    PDF

    The Sky is Not Falling: How the Anticlimactic Application of Melendez-Diaz v. Massachusetts to Oklahoma's Laboratory Report Procedures Allows Room for Improvement, Danae VanSickle Grace

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    The Slippery Slope of Ski Tort Reform: Will the Judiciary Uphold Legislative Intent? — Jagger v. Mohawk Mountain Ski Area, Inc., Joel Bulleigh

    PDF

    "The Stepford Justices": The Need for Experiential Diversity on the Roberts Court, Timothy P. O'Neill

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    The Struggle Over Webcasting--Where Is the Stream Carrying Us?, Susan A. Russell

    PDF

    The Texas Agritourism Act: Why the Texas Legislature Put Farmer Liability Out to Pasture, Mason W. Smith

    PDF

    The Tribal Labor Sovereignty Act: Do Indian Tribes Finally Hold a Trump Card?, Vicki J. Limas

    PDF

    The Uncertain Rights of the Unknown Child: Federal Uniformity to Social Security Survivors Benefits for the Posthumously Conceived Child after Astrue v. Capato, Nathan Rick Allred

    PDF

    The UPOV System of Protection: How to Bridge the Gap Between 1961 and 1991 in Regard to Breeders' Rights, Steven M. Ruby

    PDF

    The Use of the Alaskan Native Claims Settlement Act to Justify Disparate Treatment of Alaska's Tribes, Natalie Landreth and Erin Dougherty

    PDF

    The Value of Plea Bargaining, Scott W. Howe

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    Third Party Records Protection on the Model of Heightened Scrutiny, Marc J. Blitz

    PDF

    "[This] I Know from My Grandfather:" The Battle for Admissibility of Indigenous Oral History as Proof of Tribal Land Claims, Hope M. Babcock

    PDF

    This Land is Your Land, This Land is My Land? Why the Cobell Settlement Will Not Resolve Indian Land Fractionation, Jered T. Davidson

    PDF

    Thomas T. Triplet

    PDF

    Three Chords and the Truth: Analyzing Copyright Infringement Claims Against Guitar Tablature Websites, Krist Caldwell

    PDF

    'Til Death Do Us Part: Why Personal Jurisdiction Is Required to Issue Victim Protection Orders Against Nonresident Abusers, Bevan J. Graybill

    PDF

    Time to Bury the Tomahawk Chop: An Attempt to Reconcile the Differing Viewpoints of Native Americans and Sports Fans, Justin P. Grose

    PDF

    Tinkering with Tinker: Applying a New Test to Peer on Peer Bullying in Social Media, January Turner

    PDF

    Tinker Takes on Tatro: The Minnesota Supreme Court's Missed Opportunity, Tracey Wirmani

    PDF

    Title 60, Section 74 of the Oklahoma Statutes: A Unique Form of Tenancy by the Entirety, Tom R. Russell

    PDF

    To Agree or Not to Agree: Treatment of Postnuptial Agreements Under Oklahoma Law, Stephen T. Gary

    PDF

    To Bootleg or Not to Bootleg? Confusion Surrounding the Constitutionality of the Anti-Bootlegging Act Continues, Andrew B. Peterson

    PDF

    Too Narrow of a Holding? How - and Perhaps Why - Chief Justice John Roberts turned Snyder v. Phelps into an Easy Case, Clay Calvert

    PDF

    Toward a Balanced Equation: Advocating Consistency in the Sentencing of Serial Killers, Talitha Ebrite

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    Toward a Direct Functional Relationship Requirement for Claims to Software Encoded on a Computer-Readable Storage Medium: Rethinking In re Beauregard in Response to the USPTO's Interim Guidelines Regarding the Patentability of Data Signal Claims, Elizabeth A. Richardson

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    Toward a Theory of Persuasive Authority, Chad W. Flanders

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    Tradition & the Abolition of Capital Punishment for Juvenile Crime, Harry F. Tepker Jr.

    PDF

    Transcript: Globalisation of the Hague Children's Conventions with Emphasis on the Child Abduction Convention, William Duncan

    PDF

    Trentadue v. Integrity Committee: An Attempt to Reign in the Expansion of the Freedom of Information Act’s 5th Exemption, Amanda Marie Swain

    PDF

    Trespass to Culture: The Bioethics of Indigenous Populations’ Informed Consent in Mainstream Genetic Research Paradigms, Alexandra Winters

    PDF

    Tribal Membership and Indian Nationhood, Matthew L.M. Fletcher

    PDF

    Trust, We Have a Problem: Chawla ex rel. Geisinger v. Transamerica Occidental Life Insurance Company, Its Revelation of a Problem in Insurable Interest Statutes and the Subsequent Effect on Irrevocable Life Insurance Trusts, Mary Mahala Gardner

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    Ubiquitous Privacy, Thomas P. Crocker

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    Uncharted Waters: The Supreme Court Plots the Course to a Constitutional Bright-Line Restriction on Punitive Awards in Exxon Shipping Co. v. Baker, Michael L. Brooks

    PDF

    Unchecked: How Frazier v. CitiFinancial Eliminated Judicially Created Grounds for Vacatur Under the Federal Arbitration Act, Sean C. Wagner

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    Undermining Kulko at Home and Abroad, John J. Sampson

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    Understanding the Value of Judicial Diversity Through the Native American Lens, Paige E. Hoster

    PDF

    United States v. Carloss: Should the Police Act like Good Neighbors?, Cole McLanahan

    PDF

    United States versus Microsoft: A Case Study, Michael Betts

    PDF

    United States v. Jicarilla Apache Nation: Why the Supreme Court's Refusal to Apply the Fiduciary Exception to Attorney-Client Privilege Stands to Diminish the Federal-Tribal Trust Relationship, Daniel W. Hart

    PDF

    United States v. Nacchio: The Tenth Circuit’s Civil Approach to Sentencing for Insider Trading, Amy Dominick Padgett

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    Unlikely to Succeed: How the Second Circuit's Adherence to the Serious Questions Standard for the Granting of Preliminary Injunctions Contradicts Supreme Court Precedent and Turns and Extraordinary Remedy into an Ordinary One, Jacob S. Crawford

    PDF

    Unmasking Tonto: Can Title VII "Make It" in Hollywood, Megan Basham

    PDF

    Use of the Special Warranty in Oklahoma and Texas Oil and Gas Transactions, James R. Strawn

    PDF

    Us-se-yoholo

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    Utah, Jim Tartaglia

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    Values in Transition: The Chiricahua Apache from 1886-1914, John W. Ragsdale Jr.

    PDF

    Variations in the Marketable-Product Rule from State to State, Rachel M. Kirk

    PDF

    Videoconferencing: Not a Foreign Language to International Courts, Riley A. Williams

    PDF

    Virginia, Zachary H. Barrett

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    Voter ID: Who Has Them? Who Shows Them?, Charles Stewart III

    PDF

    Waiver, Work Product, and Worry: A Case for Clarifying the Waiver Doctrine in Oklahoma, Mitchell B. Bryant

    PDF

    Walking the Executive Speech Tightrope: From Starbucks to Chick-Fil-A, Loren F. Selznick

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    Warning, This Decision Will Increase the Cost of Prescription Drugs: How the Supreme Court’s Misapplication of Preemption Doctrine in Wyeth V. Levine Portends Devastating Consequences for Oklahoma, Tyler R. Barrett

    PDF

    Water Planning: An Opportunity for Managing Uncertainties at the Tribal-State Interface?, Stephen H. Greetham

    PDF

    Weapon of Mass Coercion: How eBay Inc. v. MercExchange, L.L.C. Eliminated the Threat of Coercive Automatic Permanent Injunctive Relief and Restored Balance to the American Patent System, Jean Carlos Lopez

     

    Welcome and Introduction

    PDF

    West Virginia, Andrew Graham

    PDF

    What is in GINA's genes? The curious case of the mutant-hybrid employment law, William Corbett

    PDF

    What is the Gist of the Mail Fraud Statute?, C.J. Williams

    PDF

    What is the Value of Participation?, Chad W. Flanders

    PDF

    When Canons Go to War in Indian Country, Guess Who Wins? Barrett v. United States: Tax Canons and Canons of Construction in the Federal Taxation of American Indians, John Lentz

    PDF

    When Does Restitution Become Retribution?, Melanie M. Reid and Curtis L. Collier

    PDF

    When the Feds Have Taken the Field: Federal Field Preemption of Claims Against Manufacturers Whose Medical Devices Have Received Premarket Approval by the FDA, Charles Warren

    PDF

    Where Strict Meets Substantial: Oklahoma Standards for the Execution of a Will, Katheleen R. Guzman

    PDF

    Where the Windfall Falls Short: “Appropriate Equitable Relief” after Sereboff v. Mid Atlantic Medical Services, Inc., Kristin L. Huffaker

    PDF

    Whose Phone Line Is It Anyway: A Prosecutor’s Guide to Navigating the Evidentiary Gold Mine of Prison Phone Calls, Laura M. Cochran

    PDF

    Who's Watching the Kids?--The Use of Peer-to-Peer Programs to Cyberstalk Children, Jessica Herndon

    PDF

    Why Indigenous Peoples’ Property Rights Matter: Why the United Nations Declaration on the Rights of Indigenous Peoples May Be Used to Condemn Isis and the State of Iraq for Their Failure to Protect the Property Rights of Indigenous Peoples in the Nineveh Plains, Brooke E. Hamilton

    PDF

    Wind-Energy Ventures in Indian Country: Fashioning a Functional Problem, Crystal D. Masterson

    PDF

    Winner, Best Appellate Brief in the 2012 Native American Law Student Association Moot Court Competition, Jocelyn Jenks and Jacquelyn Amour Jampolsky

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    Winner, Best Appellate Brief in the 2017 Native American Law Student Association Moot Court Competition, Devon Suarez and Simon Goldenberg

    PDF

    Worcester v. Georgia: A Breakdown in the Separation of Powers, Matthew L. Sundquist

    PDF

    Wyoming, John R. Chadd

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    Yellowbear v. Lampert— Putting Teeth into the Religious Land Use and Institutionalized Person Act of 2000, Nathan Lobaugh

    PDF

    Yours, Mine, Ours? Renovating the Antiquated Apartheid in the Law of Property Division in Native American Divorce, Vickie Enis

    PDF

    Zacheus Copeland

 
 
 

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