South Dakota Law Review
- THE HELMET LAW IN NEVADA: HOW TO HASSLE HARLEY RIDERS.
- SPOILING FOR A FIGHT: HACKING BACK WITH THE ACTIVE CYBER DEFENSE CERTAINTY ACT.
- Restoring American Antitrust's moral arc.
- Kirksey v. Grohmann: LLC dissolution is proper when member deadlock leaves no meaningful way to move forward.
- NATIVE YOUTH & JUVENILE INJUSTICE IN SOUTH DAKOTA.
- Appellate practice in the South Dakota Supreme Court.
- After marriage equality, what's next for relationship recognition?
- IDENTIFYING A PSYCHOMETRIC PROFILE FOR VULNERABILITY ASSESSMENT PROFESSIONALS: TALENT IDENTIFICATION TO SUPPORT CAREER ASSESSMENT.
- TRAVELING FOR ABORTION SERVICES AND THE RURAL WOMEN 'WE MUST NOT FORGET'.
- Testamentary incapacity, undue influence, and insane delusions.
- PHARMACY BENEFIT MANAGERS AND GENERIC PHARMACEUTICALS PRICING CONSPIRACY:UNVEILING LOCK-IN MECHANISMS, STRUCTURAL SHORTCOMINGS AND ANTITRUST EVIDENCE.
- BEST PRACTICES, CHALLENGES AND OPPORTUNITIES FOR BODY WORN CAMERA PROGRAMS.
- Morse v. Frederick: a dubious decision shows a need for judicial restraint by the Supreme Court.
- CONCEPTUAL COPYRIGHT.
- ADVISING THE HOUSE OF REPRESENTATIVES THROUGH IMPEACHMENT.
- HEALTHCARE DATA BREACHES IN SOUTH DAKOTA: POST-BREACH LEGISLATION IS NOT ENOUGH.
- South Dakota State Medical Holding Company, Inc. v. Hofer: a deferential standard of review permits ERISA administrators to contravene their fiduciary obligations.
- FORCED CATHETERIZATION: A METHOD OF SUBSTANCE TESTING THAT 'SHOCKS THE CONSCIENCE' SHOULD BE DISALLOWED IN ITS ENTIRETY.
- BARED: STRUCTURED ANALYSIS OF DISASSEMBLY THROUGH A RELATIONAL DATABASE.
- Katz-ing up and (not) losing place: tracking the Fourth Amendment implications of United States v. Jones and prolonged GPS monitoring.
- South Dakota special spousal property trusts: South Dakota "steps-up" to the plate and hits a home run for surviving spouses.
- Alternative energy policy in a season of political acrimony: a survey of the Montana 2007 Legislature's approach to biofuels legislation.
- Cruz v. Groth: the exceptional collateral source rule remains exception-free in South Dakota.
- INCONCEIVABILITY, HORROR, AND THE MERCY SEAT.
- Rebooting Indian law in the Supreme Court.
- What is "EET"? A proposal to add a series of referent-inclusive third person singular pronouns and possessive adjectives to the English language for use in legal drafting.
- Antitrust and competition in America's heartland.
- REFLECTIONS ON TEACHING CONSTITUTIONAL LAW IN THE MIDST OF CONSTITUTIONAL CRISIS.
- "I don't understand anything": an analysis of why State v. Diaz was misguided and may lead to an erosion of Miranda and its progeny's protections for juveniles in South Dakota.
- ILLUMINATING PATTERNS: PREDICTING FAIR USE OUTCOMES IN COPYRIGHT LAW.
- GROUPS, GANGS, AND ASSOCIATES: UNDERSTANDING OUTLAW MOTORCYCLE GANGS.
- MAKING MARIJUANA LESS ILLEGAL: CHALLENGES FOR NATIVE AMERICAN TRIBES ENTERING THE MARIJUANA MARKET.
- Enforcing ERISA.
- PROFESSOR EMERITUS JONATHAN VAN PATTEN.
- The Crazy Horse malt liquor case: from tradition to modernity and halfway back.
- CONFLICT-OF-INTEREST-INFECTED VIRTUAL REPRESENTATIVES AND A CURE.
- Those calves are mine: toward a Uniform Commercial Code definition of "rights in the collateral".
- BETTER LATE THAN NEVER: ELECTRONIC CIGARETTES AND A FAILED FEDERAL REGULATORY RESPONSE.
- Does filtering stop the flow of valuable information? A case study of the Children's Internet Protection Act (CIPA) in South Dakota.
- THE IMPEACHMENT OF ATTORNEY GENERAL JASON RAVNSBORG.(South Dakota)
- THE LIFE AND LEGAL LEGACY OF JUSTICE STEVEN L. ZINTER.
- Delving into Rapanos v. United States, United States v. Bailey, and regulatory guidance: the importance of science in determining federal jurisdiction over wetlands.
- The law and philosophy of personhood: where should South Dakota abortion law go from here?
- Ex parte contacts revisited.
- FIXING THE GLITCH: THE SMART ROLLOUT OF 5G SMALL CELL WIRELESS NETWORKS BALANCING PRIVATE AND PUBLIC INTERESTS.
- Defenseless children: achieving competent representation for children in abuse and neglect proceedings through statutory reform in South Dakota.
- The test results said what? The post-Crawford admissibility of hearsay forensic evidence.
- The productivity problem: an analysis of conservation easement taxation issues following South Dakota's implementation of a productivity-based land valuation system.
- But-for sex: equal protection and the individual right to marry a specific person without regard to sex.
- THE ACADEMIC LAW LIBRARY'S ROLE IN CULTIVATING THE RURAL LAWYER.
- The changing practice of law and law schools: why would anyone go to law school today?
- Legislating love: ancillary issues arising from South Dakota's refusal to recognize same-sex marriage.
- HOW TO MAKE SOUTH DAKOTA SURFACE WATER DRAINAGE LAW HOLD WATER.
- South Dakota's aggravating circumstances on trial.
- THE MOVEMENT TO STOP YOUTH SOLITARY CONFINEMENT: DRIVERS OF SUCCESS & REMAINING CHALLENGES.
- Hunting down the meaning of the Second Amendment: an American right to pursue game.
- STATE V. FISCHER: UNKNOWN POSSESSION TRANSFORMS INTO A STRICT LIABILITY CRIME.
- PROMOTING CIVILITY BY ADDRESSING DISCRIMINATION AND HARASSMENT: THE CASE FOR RULE 8.4(g) IN SOUTH DAKOTA.
- Negotiating meaningful concessions from states in gaming compacts to further tribal economic development: satisfying the "economic benefits" test.
- The First Amendment and eagle feathers: an analysis of RFRA, BGEPA, and the regulation of Indian religious practices.
- Reconciling a split of authority: a South Dakota response to recent developments in drunk driving law.
- Remarks.
- Incorporation of outcome-based learning approaches into the design of (incentive) trusts.
- Paws off my porch: sniffing out Florida v. Jardines' effect on drug dogs and homes.
- OF PUPPETS AND TERRORISM.
- AT THE STURGIS RALLY: A STORY.
- THE TRIAL OF JOHN SCOPES.
- The University of South Dakota School of Law: the university.
- FACTS, LAW, AND POLITICS: MY ACCOUNT OF THE HOUSE SELECT COMMITTEE TO INVESTIGATE THE IMPEACHMENT OF ATTORNEY GENERAL JASON RAVNSBORG.(South Dakota)
- Buddha Writes a Short Poem on What the Constitution Meant To Breonna Taylor.
- Fox-hunting the conscience of the king into a shallow grave: sovereign immunity and discovery as applied to Indian tribes in Alltel Communications, L.L.C. v. DeJordy and its implications for discovery practice.
- The series LLC: further limiting liability within the LLC or creating liability in the business organization arena? Only time will tell.
- AGUILAR V. AGUILAR AND THIRD-PARTY CUSTODY DETERMINATIONS: EXAMINING THE DEFINITION OF "PARENT" FROM THE EYES OF THE CHILD.
- REAFFIRMING THE ROLE OF THE JURY: THE PROBLEM OF SUMMARY JUDGMENT, DUTY, AND ROADKILL IN ZERFAS V. AMCO INSURANCE COMPANY.
- EXCESSIVE FORCE CASES AND INCIDENTS OF DEADLY POLICE FORCE IGNITE POSSIBILITIES FOR CHANGE IN EIGHTH CIRCUIT [section] 1983 LAW.
- Mixed motives speak in different tongues: doctrine, discourse, and judicial function in class-of-one equal protection theory.
- SOUTH DAKOTA EVIDENCE: SIGNIFICANT DEVELOPMENTS.
- An examination of Crawford v. Marion County Election Board: photo identification requirements make the fundamental right to vote far from 'picture perfect'.
- "The organic law of a great commonwealth": the framing of the South Dakota Constitution.
- Economic power, Henry Simons, and a lost antitrust vision of economic conservatism.
- THE LEGAL LEVIATHAN THAT TOWERED OVER MCKENNAN PARK: HISTORIC PRESERVATION LAW IN MCDOWELL V. SAPIENZA.
- Fixing merger litigation "fixes": reforming the litigation of proposed merger remedies under section 7 of the Clayton Act.
- WAITING FOR THE SMOKE TO CLEAR: THE COMPLICATED BEGINNINGS AND PROMISING FUTURE OF TRIBAL CANNABIS.
- Be neurotic and evolve into your special calling.
- CHIEF JUSTICE DAVID GILBERTSON.
- Doors to remain open during business hours: maintaining the media's (and public's) First Amendment right of access in the face of changing technology.
- LESSONS LEARNED: THE PEA RIDGE SCHOOL DISTRICT'S DISCRIMINATION AGAINST STUDENTS WITH HIV/AIDS HAS REKINDLED DIFFICULT ISSUES.
- A "rogues' paradise"? A review of South Dakota's property exemptions and a call for change.
- Tribal incorporation of First Amendment norms: a case study of the Indian tribes of South Dakota.
- Indexing the South Dakota constitutional conventions: a 21st century solution to a 125 year old problem.
- Ethanol policy: past, present, and future.
- Public health law and equal access to justice in rural America.
- Plains Commerce Bank v. Long Family Land and Cattle Company, Inc.: an introduction with questions.
- Prohibiting the death penalty for the rape of a child while overlooking wrongful execution: Kennedy v. Louisiana.
- NATIVE YOUTH & JUVENILE INJUSTICE IN SOUTH DAKOTA.
- Specific performance as a seller remedy for buyer's breach of a sales contract--the availability of judicial purchase orders.
- The denial of IRS access to its adversary's playbook.
- Interpreting Hobby Lobby to not harm LGBT civil rights.
- Dedication.
- State v. Klager: the slippery slope of warrantless administrative inspections in South Dakota.
- Are South Dakota employees afraid to whistle their tune?: an argument for expanded whistleblower protections in South Dakota.
- Legal issues involving ethanol production in South Dakota.
- SAINT PAUL'S TRIAL NARRATIVE IN ACTS: IMPERIUM ROMANUM VS. VASILEIA TOU THEOU.
- Smoking out forest fire management: lifting the haze of an unaccountable Congress and lighting up a new law of fire.
- Garcetti v. Ceballos: judicially muzzling the voices of public sector employees.
- SEARCHING FOR TRUTH IN A HALF-TOLD STORY: BALANCING PARENTAL RIGHTS AGAINST CHILDREN'S INTERESTS IN PURCELL V. BEGNAUD.
- Catching the wind: a legal and economic comparison between South Dakota's Renewable, Recycled and Conserved Energy Objective and a Renewable Portfolio Standard.
- The trial of Tom Robinson.
- Tribal self-determination in the age of scarcity.
- At the crossroads: a new and unfortunate paradigm of tribal sovereignty.
- Slightly-gross: South Dakota's addiction to a bad comparative negligence law and the need for change.
- Modern trust governance.
- Joint dedication: Justice John K. Konenkamp & Professor Jo Pasqualucci.
- TWENTY-FIVE WAYS TO SAY NO.
- State v. Buchhold: the South Dakota Supreme Court fails to recognize a de facto life sentence as the functional equivalent of a life sentence when determining gross disproportionality.
- Dedication to Dean and Professor Emeritus Barry Vickrey.
- Reflections on the rural practice of law in South Dakota: past, present, and future.
- HAS THE "LAST PETAL" FALLEN? BEAUTY OF THE MODERN JURY TRIAL AND THE BEAST KNOWN AS THE PEREMPTORY CHALLENGE.
- Indian Country and rural South Dakota.
- SOUTH DAKOTA'S DATA-DRIVEN, EVIDENCE-BASED JUVENILE JUSTICE REFORM.
- JURIDOGENIC HARM AND ADVERSE CHILDHOOD EXPERIENCES.
- THE TYRANNY OF MERIT: WHAT'S BECOME OF THE COMMON GOOD? MICHAEL J. SANDEL. ALLEN LANE, 2020. 288 PP.
- Should the Eighth Circuit recognize procedural misjoinder?
- GRAVE AND EXCEPTIONAL: INITIATING THE IMPEACHMENT OF THE ATTORNEY GENERAL.(South Dakota)
- Defining the Brunner test's three parts: time to set a national standard for all three parts to determine when to allow the discharge of federal student loans.
- MONSTER UNDER THE BED: THE NIGHTMARE OF LEAVING JUVENILE LIFE SENTENCES UP TO THE PAROLE BOARD.
- Decanting and its alternatives: remodeling and revamping irrevocable trusts.
- DESERTS, DETERMINACY, AND ADOLESCENT DEVELOPMENT IN THE JUVENILE COURT.
- The disappearing railroad easement blues: riding the rails of Marvin M. Brandt Revocable Trust v. United States.
- Competition, intellectual property rights, and transgenic seed.
- "CHILDREN ARE SACRED": APPLYING NAVAJO (DINE) FUNDAMENTAL LAW TO STRENGTHEN JUVENILE JUSTICE.
- In re D.F.: the South Dakota Supreme Court misses an opportunity to establish an appropriate due diligence standard when serving notice by publication in parental rights termination proceedings.
- Arizona v. Gant: heightening a person's expectation of privacy in a motor vehicle following searches incident to arrest.
- 'I WAS SO MUCH OLDER THEN/I'M YOUNGER THAN THAT NOW': VALEDICTORY NOTES AND COLLAGE.
- IF IT WALKS LIKE A DUCK: THE CREATURE OF A MUNICIPAL ORDINANCE VIOLATION IN SOUTH DAKOTA.
- Gaming goldmines grow green: limited gaming, good faith negotiations, and the economic impact of the Indian Gaming Regulatory Act in South Dakota.
- STRAINING STATUTORY INTERPRETATION IN ARGUS LEADER V. HOGSTAD: WHY POORLY DRAFTED STATUTES SHOULD BE FIXED BY THE LEGISLATURE.
- Criminal justice and the 2014-2015 United States Supreme Court term.
- Dedication.
- PUNISHMENT THAT DOES NOT FIT THE CRIME: THE UNCONSTITUTIONAL PRACTICE OF PLACING YOUTH ON SEX OFFENDER REGISTRIES.
- A CRITICAL ANALYSIS OF FEDERAL AND STATE ATTACKS ON THE UNITED STATES REFUGEE ADMISSIONS PROGRAM.
- Government speech: an introduction to a constitutional dialogue.
- A OR Z? AN ANALYSIS OF THOM V. BARNETT.
- OVER-PRIVILEGED: LEGAL CANNABIS, DRUG OFFENDING & THE RIGHT TO FAMILY INTEGRITY.
- Dedication to Judge Kathleen F. Trandahl.
- THE GOVERNMENT MISCONDUCT EXCEPTION TO THE DELIBERATIVE PROCESS PRIVILEGE: BRINGING CLARITY TO THE MOST IMPORTANT EXCEPTION TO THE MOST FREQUENTLY INVOKED GOVERNMENT EVIDENTIARY PRIVILEGE.
- Under siege: the U.S. live cattle industry.
- Wind energy in Indian country: a study of the challenges and opportunities facing South Dakota tribes.
- THE UNITED STATES SUPREME COURT MAKING UNNECESSARY FIXES IN FRANCHISE TAX BOARD OF CALIFORNIA V. HYATT.
- A bone to pick: Applying a "Best Interest Of The Family" standard in pet custody disputes.
- Winners and losers: the EPA's unfair implementation of renewable fuel standards.
- The cohabitation aggravation: third-party consent and the Fourth Amendment following Fernandez v. California.
- TAX ISSUES AFFECTING MARIJUANA BUSINESSES.
- A case for the adoption of the Revised Uniform Limited Liability Company Act in South Dakota.
- ALERT PRIORITIZATION AND STRENGTHENING: TOWARDS AN INDUSTRY STANDARD PRIORITY SCORING SYSTEM FOR IDS ANALYSTS USING OPEN SOURCE TOOLS AND MODELS OF MACHINE LEARNING.
- E-discovery practice, theory, and precedent: finding the right pond, lure, and lines without going on a fishing expedition.
- THE TRIAL OF CINQUE--STEVEN SPIELBERG'S AMISTAD.
- THE CASE AGAINST THE "CASE-WITHIN-A-CASE": HOW TO DISARM THE MANY TRAPS THAT LIE IN WAIT FOR LEGAL MALPRACTICE PLAINTIFFS.
- EVALUATING THE POTENTIAL CONFLICTS OF INTEREST OF MUNICIPAL ELECTED OFFICIALS: A STATUTORY AND CONSTITUTIONAL ANALYSIS.
- On editing.
- OBJECTION! PSYCHOLOGICAL PERSPECTIVES ON JURORS' PERCEPTIONS OF IN-COURT ATTORNEY OBJECTIONS.
- "Profession, a lawyer": recent scholarship sheds light on Abraham Lincoln's law practice.
- The 1885 and 1889 Constitutional Convention debates.
- Professor Emeritus Frank Pommersheim & Justice Steven L. Zinter.
- Overcoming challenges in the Multilateral Investment Guarantee Agency's risk insurance coverage to private water investors: corruption and consumer risks.
- Liberty of Conscience: In Defense of America's Tradition of Religious Equality.
- Reading between the lines: the South Dakota Supreme Court's interpretation of S.D.C.L. section 20-9-4.1 in Gronseth v. Chester Rural Fire Protection District & Chester Fire Department.
- Suing the prosecutor.
- Charging orders: the peculiar mechanism.
- CIVIL RICO SUITS AGAINST HARM-CAUSING MARIJUANA OPERATIONS: MOMTAZ1 FAMILY, LLC V. WAGNER AS A CASE STUDY.
- Decanting: a practical roadmap for modernizing trusts in South Dakota.
- A bigger and better market-participant exception? Examining Justice Souter's revison of the market-participant exception to the dormant commerce clause in Department of Revenue of Kentucky v. Davis.
- Reverse piercing: a single member LLC paradox.
- Law stretched thin: access to justice in rural America.
- The corporation's new lethal weapon: mandatory binding arbitration clauses.
- REFLECTIONS ON FIVE YEARS OF TEAM-BASED LEARNING IN FIRST-YEAR PROPERTY.
- VOTING RIGHTS AND THE UNCONSTITUTIONALITY OF THE ELECTORAL COLLEGE WINNER-TAKE-ALL ALLOCATION.
- DODD-FRANK ACT AND ITS IMPACT ON THE MUNICIPAL ISSUERS, UNDERWRITERS, AND ADVISORS.
- Haiku for Tom Horton (1955-2022).
- Flawless execution: examining ways to reduce South Dakota's lethal injection risks.
- Cattle on a thousand hills: reflections on the beef checkoff litigation.
- Advancing the best interests of the child: why South Dakota should strengthen its rebuttable presumption against awarding custody to abusive parents.
- WHERE DREAMS COLLIDE: WILSON V. MAYNARD AND THE SOUTH DAKOTA SUPREME COURT'S INTERPRETATION OF RESTRICTIVE RESIDENTIAL COVENANTS.
- The University of South Dakota School of Law.
- A collection of interesting South Dakota cases.
- "WHETHER OR NOT SPECIAL EXPERTISE IS NEEDED": ANTI-INTELLECTUALISM, THE SUPREME COURT, AND THE LEGITIMACY OF LAW.
- HOMESTEAD: A (NEW) HOPE.
- Agricultural cooperatives and the law: obsolete statutes in a dynamic economy.
- MAKING SOUTH DAKOTA HISTORY: AN INTRODUCTION TO THE SPECIAL IMPEACHMENT ISSUE.
- Why all or nothing? A middle ground to subrogation law will protect South Dakota's insureds.
- PROFESSOR EMERITUS DAVID S. DAY.
- PREGNANCY DISCRIMINATION: PREGNANT WOMEN NEED MORE PROTECTION IN THE WORKPLACE.
- Plugging the drain: using Northwest Environmental Defense Center v. Brown to reach other point source discharges under the Clean Water Act.
- Stalking and cyberstalking in the United States and rural South Dakota: twenty-four years after the first legislation.
- Some problems of free exercise doctrine - social good, social harm, and undue burdens: an essay.
- Providing a dynamic classroom experience.
- Hardt v. Reliance Standard Life Insurance Co.: breathing new life into claimants' ability to obtain attorney's fees under ERISA's civil enforcement provision.
- Introduction to the South Dakota Law Review's 2010 symposium issue.
- ANSWERING THE CALL: SOUTH DAKOTA V. WAYFAIR, INC. AND A CHALLENGE TO THE PHYSICAL PRESENCE RULE.
- THE TRIAL OF BREAKER MORANT.