South Dakota Law Review
- DETAINING PEOPLE WHO ARE MENTALLY ILL IN JAIL: AN ANALYSIS OF SOUTH DAKOTA'S STATUTORY PROVISIONS AUTHORIZING INVOLUNTARY MENTAL ILLNESS HOLDS.
- Say what? South Dakota's unsettling indifference to linguistic minorities in the courtroom.
- South Dakota evidence: comments on a "Giant step".
- History of the 1889 South Dakota Constitution.
- Restoring American Antitrust's moral arc.
- NATIVE YOUTH & JUVENILE INJUSTICE IN SOUTH DAKOTA.
- Back to the future: How the holding of Shelby County v. Holder has been a reality for South Dakota Native Americans since 1975.
- DigForCE: DIGITAL FORENSICS FOR CYBER ENFORCEMENT AT DAKOTA STATE UNIVERSITY WORKING TOWARDS PUBLIC-PRIVATE CYBERCRIME INVESTIGATIONS.
- 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.
- The federal courts and marriage equality: who decides?
- RAP TRAPS.(rule against perpetuities)
- After marriage equality, what's next for relationship recognition?
- ADVISING THE HOUSE OF REPRESENTATIVES THROUGH IMPEACHMENT.
- "X" MARKS THE SPOT, OR DOES IT? AN ANALYSIS OF VOTER INTENT LAWS AND THEIR IMPLICATIONS FOR COUNTING PAPER BALLOTS.
- The University of South Dakota School of Law.
- PHARMACY BENEFIT MANAGERS AND GENERIC PHARMACEUTICALS PRICING CONSPIRACY:UNVEILING LOCK-IN MECHANISMS, STRUCTURAL SHORTCOMINGS AND ANTITRUST EVIDENCE.
- THE ACADEMIC LAW LIBRARY'S ROLE IN CULTIVATING THE RURAL LAWYER.
- ALERT PRIORITIZATION AND STRENGTHENING: TOWARDS AN INDUSTRY STANDARD PRIORITY SCORING SYSTEM FOR IDS ANALYSTS USING OPEN SOURCE TOOLS AND MODELS OF MACHINE LEARNING.
- Dedication to Bob Morris.
- 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'.
- Arizona v. Gant: heightening a person's expectation of privacy in a motor vehicle following searches incident to arrest.
- Dedication to Dean and Professor Emeritus Barry Vickrey.
- The law and philosophy of personhood: where should South Dakota abortion law go from here?
- THE WAITING GAME: HOW PREINDICTMENT DELAY THREATENS DUE PROCESS AND FAIR TRIALS.
- Cruz v. Groth: the exceptional collateral source rule remains exception-free in South Dakota.
- RISKING SUFFERING: HOW BUCKLEW V. PRECYTHE WEAKENED EIGHTH AMENDMENT PROTECTIONS.
- Buddha visits a neighborhood farmers market.
- The denial of IRS access to its adversary's playbook.
- "WHETHER OR NOT SPECIAL EXPERTISE IS NEEDED": ANTI-INTELLECTUALISM, THE SUPREME COURT, AND THE LEGITIMACY OF LAW.
- Testamentary incapacity, undue influence, and insane delusions.
- 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.
- Presumed dead: laying to rest the whereabouts unknown.
- Hunting down the meaning of the Second Amendment: an American right to pursue game.
- Should the Eighth Circuit recognize procedural misjoinder?
- BARED: STRUCTURED ANALYSIS OF DISASSEMBLY THROUGH A RELATIONAL DATABASE.
- FEDERALISM, CANNABIS, AND PUBLIC HEALTH: PROHIBITION IS WRONG, BUT RAICH IS STILL RIGHT.
- Misinformed by "fictional jurisdiction": how the court aligned with overturned authority in State v. Medicine Eagle and why the state's information error should be viewed as harmless.
- E-discovery practice, theory, and precedent: finding the right pond, lure, and lines without going on a fishing expedition.
- Melendez-Diaz v. Massachusetts: testing the adaptation of the Confrontation Clause to neutral analysts and developing technology.
- A "rogues' paradise"? A review of South Dakota's property exemptions and a call for change.
- MAKING THE RALLY ROAR WHILE PROVIDING A RETURN TO THE LOCAL COMMUNITY: TRADEMARK PROTECTION AND THE STURGIS MOTORCYCLE RALLY.
- Incorporation of outcome-based learning approaches into the design of (incentive) trusts.
- SEX TRAFFICKING IN SOUTH DAKOTA AND THE IMPACT OF UNITED STATES V. JUNGERS.
- Rebooting Indian law in the Supreme Court.
- The deregulation of usury ceilings, rise of easy credit, and increasing consumer debt.
- 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.
- Curb appeal: municipal special assessments after Hubbard v. City of Pierre.
- THE TRIAL OF CINQUE--STEVEN SPIELBERG'S AMISTAD.
- THE TRIAL OF JESUS.
- HOW TO MAKE SOUTH DAKOTA SURFACE WATER DRAINAGE LAW HOLD WATER.
- Free exercise of religion: a pragmatic and comparative perspective.
- Gaming goldmines grow green: limited gaming, good faith negotiations, and the economic impact of the Indian Gaming Regulatory Act in South Dakota.
- GRAVE AND EXCEPTIONAL: INITIATING THE IMPEACHMENT OF THE ATTORNEY GENERAL.(South Dakota)
- IF IT WALKS LIKE A DUCK: THE CREATURE OF A MUNICIPAL ORDINANCE VIOLATION IN SOUTH DAKOTA.
- MONSTER UNDER THE BED: THE NIGHTMARE OF LEAVING JUVENILE LIFE SENTENCES UP TO THE PAROLE BOARD.
- SOMETHING OLD, SOMETHING NEW: DEVISING LEGAL SOLUTIONS FOR COMBATING CYBERSECURITY RISKS IN THE AGRIBUSINESS SECTOR.
- "CHILDREN ARE SACRED": APPLYING NAVAJO (DINE) FUNDAMENTAL LAW TO STRENGTHEN JUVENILE JUSTICE.
- 'I WAS SO MUCH OLDER THEN/I'M YOUNGER THAN THAT NOW': VALEDICTORY NOTES AND COLLAGE.
- The disappearing railroad easement blues: riding the rails of Marvin M. Brandt Revocable Trust v. United States.
- Competition, intellectual property rights, and transgenic seed.
- "CHARGING BY AMBUSH": AN ANALYSIS OF THE LESSER INCLUDED OFFENSE DOCTRINE IN STATE V. MCCAHREN.
- ANSWERING THE CALL: SOUTH DAKOTA V. WAYFAIR, INC. AND A CHALLENGE TO THE PHYSICAL PRESENCE RULE.
- Dedication.
- Antitrust and competition in America's heartland.
- South Dakota's solutions to soppy soil: changes to water management.
- The Crazy Horse malt liquor case: from tradition to modernity and halfway back.
- Prohibiting the death penalty for the rape of a child while overlooking wrongful execution: Kennedy v. Louisiana.
- Public health law and equal access to justice in rural America.
- BETTER LATE THAN NEVER: ELECTRONIC CIGARETTES AND A FAILED FEDERAL REGULATORY RESPONSE.
- THE LEGAL LEVIATHAN THAT TOWERED OVER MCKENNAN PARK: HISTORIC PRESERVATION LAW IN MCDOWELL V. SAPIENZA.
- Remarks.
- REAFFIRMING THE ROLE OF THE JURY: THE PROBLEM OF SUMMARY JUDGMENT, DUTY, AND ROADKILL IN ZERFAS V. AMCO INSURANCE COMPANY.
- Wind energy in Indian country: a study of the challenges and opportunities facing South Dakota tribes.
- Legislating love: ancillary issues arising from South Dakota's refusal to recognize same-sex marriage.
- Dealing with the whip end of someone else's crazy: individual-based approaches to Indian land fractionation.
- DODD-FRANK ACT AND ITS IMPACT ON THE MUNICIPAL ISSUERS, UNDERWRITERS, AND ADVISORS.
- THE GOVERNMENT MISCONDUCT EXCEPTION TO THE DELIBERATIVE PROCESS PRIVILEGE: BRINGING CLARITY TO THE MOST IMPORTANT EXCEPTION TO THE MOST FREQUENTLY INVOKED GOVERNMENT EVIDENTIARY PRIVILEGE.
- A SOUTH DAKOTA FIRST: THE IMPEACHMENT CONVICTION OF ATTORNEY GENERAL JASON RAVNSBORG.
- A dynamic duo: South Dakota's trust laws & business entity statutes.
- The series LLC: further limiting liability within the LLC or creating liability in the business organization arena? Only time will tell.
- Does filtering stop the flow of valuable information? A case study of the Children's Internet Protection Act (CIPA) in South Dakota.
- Katz-ing up and (not) losing place: tracking the Fourth Amendment implications of United States v. Jones and prolonged GPS monitoring.
- DESERTS, DETERMINACY, AND ADOLESCENT DEVELOPMENT IN THE JUVENILE COURT.
- The First Amendment and eagle feathers: an analysis of RFRA, BGEPA, and the regulation of Indian religious practices.
- 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.
- "The organic law of a great commonwealth": the framing of the South Dakota Constitution.
- "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.
- Ex parte contacts revisited.
- FIXING THE GLITCH: THE SMART ROLLOUT OF 5G SMALL CELL WIRELESS NETWORKS BALANCING PRIVATE AND PUBLIC INTERESTS.
- A STATE IN SHACKLES: THE EFFECT OF A DYSFUNCTIONAL CHILDHOOD ON CRIME AND IMPRISONMENT.
- United States v. Windsor and interstate marriage recognition.
- Interpreting Hobby Lobby to not harm LGBT civil rights.
- REFLECTIONS ON FIVE YEARS OF TEAM-BASED LEARNING IN FIRST-YEAR PROPERTY.
- 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.
- Law stretched thin: access to justice in rural America.
- Reverse piercing: a single member LLC paradox.
- Dedication.
- "To An Athlete Dying Young": For Tom Horton (May 9, 1955-November 15, 2022).
- Decanting: a practical roadmap for modernizing trusts in South Dakota.
- Are South Dakota employees afraid to whistle their tune?: an argument for expanded whistleblower protections in South Dakota.
- Charging orders: the peculiar mechanism.
- A "rogues' paradise"? A review of South Dakota's property exemptions and a call for change.
- "THIS WEARISOME ANALYSIS": THE CLEAR AND PRESENT DANGER TEST FROM SCHENCK TO BRANDENBURG.
- Providing a dynamic classroom experience.
- Be neurotic and evolve into your special calling.
- PROFESSOR EMERITUS JONATHAN VAN PATTEN.
- Why all or nothing? A middle ground to subrogation law will protect South Dakota's insureds.
- Defenseless children: achieving competent representation for children in abuse and neglect proceedings through statutory reform in South Dakota.
- FORCED CATHETERIZATION: A METHOD OF SUBSTANCE TESTING THAT 'SHOCKS THE CONSCIENCE' SHOULD BE DISALLOWED IN ITS ENTIRETY.
- But-for sex: equal protection and the individual right to marry a specific person without regard to sex.
- 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.
- Privacy in the workplace, fact or fiction, and the value of an authorized use policy (AUP).
- STATE V. FISCHER: UNKNOWN POSSESSION TRANSFORMS INTO A STRICT LIABILITY CRIME.
- THE MOVEMENT TO STOP YOUTH SOLITARY CONFINEMENT: DRIVERS OF SUCCESS & REMAINING CHALLENGES.
- THE TRIAL OF BREAKER MORANT.
- The South Dakota public records dispute resolution procedure and Public Records Act: a fundamental change in South Dakota law.
- More questions than answers: Plains Commerce Bank v. Long Family Land and Cattle Company, Inc. and the U.S. Supreme Court's failure to define the extent of tribal civil authority over nonmembers on non-Indian land.
- CHILDHOOD TRAUMA'S LURKING PRESENCE IN THE JUVENILE INTERROGATION ROOM AND THE NEED FOR A TRAUMA-INFORMED VOLUNTARINESS TEST FOR JUVENILE CONFESSIONS.
- Introduction to the South Dakota Law Review's 2010 symposium issue.
- BIG BROTHER ISN'T WATCHING: HOW STATE V. JONES TRANSFORMED WHAT ONE CAN SEE WITH A NAKED EYE INTO A FOURTH AMENDMENT SEARCH.
- Legal issues involving ethanol production in South Dakota.
- SAINT PAUL'S TRIAL NARRATIVE IN ACTS: IMPERIUM ROMANUM VS. VASILEIA TOU THEOU.
- Haiku for Tom Horton (1955-2022).
- Suing the prosecutor.
- CIVIL RICO SUITS AGAINST HARM-CAUSING MARIJUANA OPERATIONS: MOMTAZ1 FAMILY, LLC V. WAGNER AS A CASE STUDY.
- Answering the call: drug courts in South Dakota.
- THE LEGAL LANDSCAPE IS ROUGH COUNTRY FOR SOUTH DAKOTA RANCHERS WHO OPERATE ON FEDERAL LANDS.
- Testamentary incapacity, undue influence, and insane delusions.
- A call to farms: diversify the fuel supply.
- Burley v. Kytec Innovative Sports Equipment, Inc.: expert testimony in strict products liability cases in South Dakota.
- Buddha's Law Review Article on Originalism.
- POST-SCRIPT MOTORCYCLE THEFT IN THE UNITED STATES: A BRIEF GUIDE FOR RIDERS.
- HAS THE "LAST PETAL" FALLEN? BEAUTY OF THE MODERN JURY TRIAL AND THE BEAST KNOWN AS THE PEREMPTORY CHALLENGE.
- SOUTH DAKOTA'S DATA-DRIVEN, EVIDENCE-BASED JUVENILE JUSTICE REFORM.
- 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'.
- Indexing the South Dakota constitutional conventions: a 21st century solution to a 125 year old problem.
- Tribal incorporation of First Amendment norms: a case study of the Indian tribes of South Dakota.
- LESSONS LEARNED: THE PEA RIDGE SCHOOL DISTRICT'S DISCRIMINATION AGAINST STUDENTS WITH HIV/AIDS HAS REKINDLED DIFFICULT ISSUES.
- 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.
- CHIEF JUSTICE DAVID GILBERTSON.
- SEARCHING FOR TRUTH IN A HALF-TOLD STORY: BALANCING PARENTAL RIGHTS AGAINST CHILDREN'S INTERESTS IN PURCELL V. BEGNAUD.
- Winners and losers: the EPA's unfair implementation of renewable fuel standards.
- Negotiating meaningful concessions from states in gaming compacts to further tribal economic development: satisfying the "economic benefits" test.
- The 1885 and 1889 Constitutional Convention debates.
- Dedication to Judge Kathleen F. Trandahl.
- Dedication.
- 21ST CENTURY VOTER INITIATIVES IN SOUTH DAKOTA: THE GUN BEHIND THE DOOR.
- OVER-PRIVILEGED: LEGAL CANNABIS, DRUG OFFENDING & THE RIGHT TO FAMILY INTEGRITY.
- Project rural practice: its people and its purpose.
- "Breaking up is hard to do": proposing legislative action in order to address the problems surrounding alimony and related divorce matters in South Dakota.
- A OR Z? AN ANALYSIS OF THOM V. BARNETT.
- A BELLWETHER OF MODERN TRUST CONCEPTS: A HISTORICAL REVIEW OF SOUTH DAKOTA'S POWERFUL TRUST LAWS.
- Called to the principal's office: How principal would have been held accountable in Mccaffree v. Principal under the new ERISA fiduciary standard.
- ELIMINATING CONSTITUTIONAL LAW.
- Specific performance as a seller remedy for buyer's breach of a sales contract--the availability of judicial purchase orders.
- Medical privacy: the South Dakota Supreme Court adopts SDCL 19-2-13.
- JOINT DEDICATION.
- NO COURT OF LAST RESORT: THE FUTURE OF INVOLUNTARY COMMITMENT IN THE SOUTH DAKOTA COURTS IN LIGHT OF THE SLOW DEATH OF MATTER OF WOODRUFF.
- "No hands": reevaluating what control is necessary to establish actual physical control following State v. Nekolite.
- AGUILAR V. AGUILAR AND THIRD-PARTY CUSTODY DETERMINATIONS: EXAMINING THE DEFINITION OF "PARENT" FROM THE EYES OF THE CHILD.
- 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.
- ILLUMINATING PATTERNS: PREDICTING FAIR USE OUTCOMES IN COPYRIGHT LAW.
- Lincoln the 'dictator'.
- Liberty of Conscience: In Defense of America's Tradition of Religious Equality.
- A CAMPAIGN APPROACH TO CHALLENGING THE PROSECUTION OF YOUTH AS ADULTS.
- MAKING MARIJUANA LESS ILLEGAL: CHALLENGES FOR NATIVE AMERICAN TRIBES ENTERING THE MARIJUANA MARKET.
- On editing.
- Reconciling a split of authority: a South Dakota response to recent developments in drunk driving law.
- A case for the adoption of the Revised Uniform Limited Liability Company Act in South Dakota.
- THE CASE AGAINST THE "CASE-WITHIN-A-CASE": HOW TO DISARM THE MANY TRAPS THAT LIE IN WAIT FOR LEGAL MALPRACTICE PLAINTIFFS.
- 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.
- Garcetti v. Ceballos: judicially muzzling the voices of public sector employees.
- Presumed drunk until proven sober: the dangers and implications of anonymous tips following Navarette v. California.
- Catching the wind: a legal and economic comparison between South Dakota's Renewable, Recycled and Conserved Energy Objective and a Renewable Portfolio Standard.
- Journalistic coverage of the 1883, 1885 and 1889 constitutional conventions.
- The trial of Tom Robinson.
- Tribal self-determination in the age of scarcity.
- At the crossroads: a new and unfortunate paradigm of tribal sovereignty.
- Modern trust governance.
- Joint dedication: Justice John K. Konenkamp & Professor Jo Pasqualucci.
- 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.
- 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.
- WHERE DREAMS COLLIDE: WILSON V. MAYNARD AND THE SOUTH DAKOTA SUPREME COURT'S INTERPRETATION OF RESTRICTIVE RESIDENTIAL COVENANTS.
- Plugging the drain: using Northwest Environmental Defense Center v. Brown to reach other point source discharges under the Clean Water Act.
- A CRITICAL ANALYSIS OF FEDERAL AND STATE ATTACKS ON THE UNITED STATES REFUGEE ADMISSIONS PROGRAM.
- SOUTH DAKOTA'S PUBLIC TRUST DOCTRINE: CONSERVING NATURAL RESOURCES IN THE TWENTY-FIRST CENTURY.
- THE IMPEACHMENT OF ATTORNEY GENERAL JASON RAVNSBORG.(South Dakota)
- Government speech in transition.
- VOTING IN A PANDEMIC: THE EFFECTS OF COVID-19 ON AMERICA'S ELECTIONS.
- Dramatically narrowing RFRA's definition of 'substantial burden' in the Ninth Circuit - the vestiges of Lyng v. Northwest Indian Cemetery Protective Association in Navajo Nation et al. v. United States Forest Service et al.
- Criminal justice and the 2014-2015 United States Supreme Court term.
- THE CHRONIC EFFECT OF "KILL THE INDIAN SAVE THE MAN": AN ANALYSIS OF DREAMING BEAR V. FLEMING.