Volume 92 · Issue 2


The Future of Taxpayer Standing in Establishment Clause Tax Credit Cases.

by Bryan Dearinger

92 OR. L. REV. 263


Many important terms in our Constitution elude definition. Article III, Section 2 is a perfect example. It provides that the “judicial Power” of federal courts “shall extend to . . . Cases [and] Controversies,”1 but says little more about these words. Neither the [...]

The Top Ten NLRB Cases on Facebook Firings and Employer Social Media Policies

by Christine Neylon O’Brien

92 OR. L. REV. 337


Social media has profoundly changed communications for our personal and professional lives, from social networking to job searching, to social movements and more. Facebook, Twitter, LinkedIn, Pinterest, Tumblr, Instagram, blogs, and other emerging social media platforms have redefined our methods and means for speech, interaction, and connection. Computers, e-readers, and smartphones are the means for this intense multi-platform engagement in social media. This engagement results in the blurring of work and personal time, on work and personal equipment, and accounts. The already complex employment relationship is further complicated as companies seek to protect their brand, trade secrets, and employee communications by publishing social media policies. In the context of unfair labor practice cases, the National Labor Relations Board has reviewed social media policies and other [...]

Tort Law as an Environmental Policy Instrument

by Adam D.K. Abelkop

92 OR. L. REV. 381


Policymakers have a diverse tool chest of policy instruments at their disposal when tackling environmental problems. These tools include taxes, subsidies, marketable allowances, quotas, “commandand-control” regulations such as technology and performance standards, deposit-refund programs, licensing schemes, information and labeling requirements, insurance mandates, and the entitlement of property and liability rights [...]

“The Reports of My Death Are Greatly Exaggerated”: Reading and Writing Objective Legal Memoranda in a Mobile Computing Age

by Kirsten K. Davis

92 OR. L. REV. 471


Seventy years ago, carefully written objective legal memos—internal memoranda written by one lawyer to another for the purpose of communicating law and legal analysis and meant to serve as the basis for legal advice—were viewed as a critical part of [...]

The Rhetoric of Email in Law Practice

by Kristen K. Tiscione

92 OR. L. REV. 525


We have known for some time that e-mail messages are often used in lieu of traditional memoranda to convey objective legal analysis both to attorneys and clients. As a result, many legal writing professors have incorporated professional e-mail into their first-year courses [...]


The “Not Me Too” Evidence Doctrine in Employment Law: Courts’ Disparate Treatment of “Me Too” Versus “Not Me Too” Evidence in Employment Discrimination Cases

by Emma Pelkey

92 OR. L. REV. 545


Employment discrimination claims can present challenging problems of proof. Indeed, it is a rare occurrence when a plaintiff can produce direct evidence of an employer’s intent to discriminate. As a result, a plaintiff must rely on circumstantial evidence to show that an employer’s [...]

New Ways to Fulfill Old Promises: Native American Hunting and Fishing Rights as Intangible Cultural Property

by Sarah A. Garrott

92 OR. L. REV. 571


Pursuing wildlife resources through hunting and fishing has always been vitally important to many Native American tribes. Many tribes still depend on hunting and fishing as a source of food, income, and employment. Yet, for many tribal members [...]