South Dakota Law Review
- THE HELMET LAW IN NEVADA: HOW TO HASSLE HARLEY RIDERS.
- COUNTING THE COST OF CALIFORNIA'S PROPOSITION 12 POST-ROSS.
- Haiku for Tom Horton (1955-2022).
- SPOILING FOR A FIGHT: HACKING BACK WITH THE ACTIVE CYBER DEFENSE CERTAINTY ACT.
- MAKING MARIJUANA LESS ILLEGAL: CHALLENGES FOR NATIVE AMERICAN TRIBES ENTERING THE MARIJUANA MARKET.
- A STATE IN SHACKLES: THE EFFECT OF A DYSFUNCTIONAL CHILDHOOD ON CRIME AND IMPRISONMENT.
- PROTECTING A CORNERSTONE CONSTITUTIONAL RIGHT IN THE AGE OF ZOOM: THE HISTORY AND CASE LAW SURROUNDING THE CONFRONTATION CLAUSE.
- Ask and you shall receive: ERISA's remedies for non-disclosure.
- Dedication.
- NATIVE YOUTH & JUVENILE INJUSTICE IN SOUTH DAKOTA.
- A case for the adoption of the Revised Uniform Limited Liability Company Act in South Dakota.
- THE TRIAL OF BREAKER MORANT.
- RETHINKING THE RIGHT-TO-COUNSEL-OF-CHOICE BALANCING TEST: AN ORIGINALIST APPROACH.
- KICKING THE CAN DOWN THE ROAD: WHY FULTON V. CITY OF PHILADELPHIA "MIGHT AS WELL BE WRITTEN ON THE DISSOLVING PAPER SOLD IN MAGIC SHOPS".
- A right but wrong place: righting and rewriting Citizens United.
- IN THE MATTER OF THE IMPEACHMENT OF JASON RAVNSBORG.(South Dakota)
- DigForCE: DIGITAL FORENSICS FOR CYBER ENFORCEMENT AT DAKOTA STATE UNIVERSITY WORKING TOWARDS PUBLIC-PRIVATE CYBERCRIME INVESTIGATIONS.
- IT IS NOT NECESSARY FOR EAGLES TO BE CROWS.(Winter Counts)
- Enforcing ERISA.
- SHINN V. RAMIREZ: CREATING A CATCH-22 TO HABEAS CORPUS RELIEF.
- The debate over deference in the ERISA setting - judicial review of decisions by conflicted fiduciaries.
- Project rural practice: its people and its purpose.(Project Rural Practice symposium)(South Dakota)
- A BELLWETHER OF MODERN TRUST CONCEPTS: A HISTORICAL REVIEW OF SOUTH DAKOTA'S POWERFUL TRUST LAWS.
- The changing practice of law and law schools: why would anyone go to law school today?
- 21ST CENTURY VOTER INITIATIVES IN SOUTH DAKOTA: THE GUN BEHIND THE DOOR.
- The series LLC: further limiting liability within the LLC or creating liability in the business organization arena? Only time will tell.
- Government may not speak out-of-turn.
- IDENTIFYING A PSYCHOMETRIC PROFILE FOR VULNERABILITY ASSESSMENT PROFESSIONALS: TALENT IDENTIFICATION TO SUPPORT CAREER ASSESSMENT.
- Planting the seeds and getting into the field: the role of law schools in ensuring access to justice in rural communities.
- TRAPPED BETWEEN SOVEREIGNS: WHAT'S AN ETHICAL LAWYER TO DO WHEN FEDERAL, STATE, OR LOCAL CRIMINAL LAWS CONFLICT?
- SHARING ELECTED PROSECUTORS.(Symposium on Rural Lawyers)
- CRETACEOUS CALAMITY: ARE DINOSAUR FOSSILS PART OF THE SURFACE OR MINERAL ESTATE, AND WHY SOUTH DAKOTA COURTS SHOULD ADOPT THE MURRAY TEST?
- "CHILDREN ARE SACRED": APPLYING NAVAJO (DINE) FUNDAMENTAL LAW TO STRENGTHEN JUVENILE JUSTICE.
- R.I.P. RAP.(rest in peace Rule Against Perpetuities)
- ASSESSING THE PAST AND FUTURE OF ARTICLE III, SECTION 12 OF THE SOUTH DAKOTA CONSTITUTION.
- Testamentary incapacity, undue influence, and insane delusions.
- THE TRIAL OF CINQUE--STEVEN SPIELBERG'S AMISTAD.(Joseph Cinque)
- Presumed dead: laying to rest the whereabouts unknown.
- PROJECT RURAL PRACTICE: ITS PEOPLE & ITS PURPOSE - THE NEXT CHAPTER.(Symposium on Rural Lawyers)
- HOW SOUTH DAKOTA CAN CRIMINALIZE CHILD SEXUAL GROOMING.(proposed South Dakota Senate Bill 94)
- DISPUTING DEATH: MEDICAL FUTILITY LAWS AND PROCEDURES TO FACILITATE END OF LIFE DISCUSSIONS AMONG PATIENTS, FAMILY, AND PRACTITIONERS.
- OF PUPPETS AND TERRORISM.
- THEORIZING LEGAL VULNERABILITY TO ENHANCE RURAL ACCESS TO JUSTICE.(Symposium on Rural Lawyers)
- Reconciling a split of authority: a South Dakota response to recent developments in drunk driving law.
- Paws off my porch: sniffing out Florida v. Jardines' effect on drug dogs and homes.
- UNITED STATES V. SIOUX NATION OF INDIANS (1) REVISITED: JUSTICE, REPAIR, AND LAND RETURN.
- THE SCANDAL OF PARTICULARITY: A NEW APPROACH TO RURAL ATTORNEY SHORTAGES AND ACCESS TO JUSTICE.(Symposium on Rural Lawyers)
- LEVERAGING TECHNOLOGY AND LAW SCHOOL PRO SE CLINICS TO ENHANCE RURAL ACCESS TO THE COURTS.
- The University of South Dakota Knudson School of Law.
- AT THE STURGIS RALLY: A STORY.
- The University of South Dakota Knudson School of Law.
- THE TRIAL OF JESUS.
- "X" MARKS THE SPOT, OR DOES IT? AN ANALYSIS OF VOTER INTENT LAWS AND THEIR IMPLICATIONS FOR COUNTING PAPER BALLOTS.
- No lie about it, the perjury sentencing guidelines must change.
- The beef with big meat: meatpacking and antitrust in America's heartland.
- The law and philosophy of personhood: where should South Dakota abortion law go from here?
- PROFESSOR EMERITUS JONATHAN VAN PATTEN.(includes 6 testimonials)
- Dedication to Terry Westergaard.(includes 5 testimonials)
- Dedication.
- "To An Athlete Dying Young": For Tom Horton (May 9, 1955-November 15, 2022).
- Information About the Law School.
- A bone to pick: Applying a "Best Interest Of The Family" standard in pet custody disputes.
- Equitable estoppel as a remedy under ERISA.
- BETTER LATE THAN NEVER: ELECTRONIC CIGARETTES AND A FAILED FEDERAL REGULATORY RESPONSE.
- DISRUPTING INJUSTICE: FIFTY YEARS POST MIRANDA AND GAULT: A CALL TO ACTION TO RE-EXAMINE THE RIGHTS OF CHILDREN IN CONFLICT WITH THE LAW.
- SAINT PAUL'S TRIAL NARRATIVE IN ACTS: IMPERIUM ROMANUM VS. VASILEIA TOU THEOU.
- CRIMINAL PROSECUTION IN AMERICAN HISTORY: PRIVATE OR PUBLIC?
- THE FUTURE OF INDIGENT DEFENSE IN SOUTH DAKOTA.(Symposium on Rural Lawyers)
- Why all or nothing? A middle ground to subrogation law will protect South Dakota's insureds.
- Reflections on the Importance of Critical Theory to Teaching Environmental Law.
- History of the 1889 South Dakota Constitution.
- REINVIGORATING CONGRESS'S ROLE IN THE ADMINISTRATIVE STATE: WHAT THE MAJOR QUESTIONS DOCTRINE SUGGESTS ABOUT NONDELEGATION.
- Be neurotic and evolve into your special calling.
- THE TRIAL OF THOMAS MORE - ROBERT BOLT'S A MAN FOR ALL SEASONS.
- HOW TO MAKE SOUTH DAKOTA SURFACE WATER DRAINAGE LAW HOLD WATER.
- Are South Dakota employees afraid to whistle their tune?: an argument for expanded whistleblower protections in South Dakota.
- CIVIL RICO SUITS AGAINST HARM-CAUSING MARIJUANA OPERATIONS: MOMTAZ1 FAMILY, LLC V. WAGNER AS A CASE STUDY.
- Free exercise of religion: a pragmatic and comparative perspective.
- Hunting down the meaning of the Second Amendment: an American right to pursue game.
- Gaming goldmines grow green: limited gaming, good faith negotiations, and the economic impact of the Indian Gaming Regulatory Act in South Dakota.
- TRAVELING FOR ABORTION SERVICES AND THE RURAL WOMEN 'WE MUST NOT FORGET'.
- IF IT WALKS LIKE A DUCK: THE CREATURE OF A MUNICIPAL ORDINANCE VIOLATION IN SOUTH DAKOTA.
- Competition, intellectual property rights, and transgenic seed.
- The disappearing railroad easement blues: riding the rails of Marvin M. Brandt Revocable Trust v. United States.
- A NEW ENTRY INTO THE ANTICANON OF INDIAN LAW: OKLAHOMA V. CASTRO-HUERTA AND THE ACTUAL STATE OF THINGS.
- 'I WAS SO MUCH OLDER THEN/I'M YOUNGER THAN THAT NOW': VALEDICTORY NOTES AND COLLAGE.
- MONSTER UNDER THE BED: THE NIGHTMARE OF LEAVING JUVENILE LIFE SENTENCES UP TO THE PAROLE BOARD.
- Should the Eighth Circuit recognize procedural misjoinder?
- The Office of the South Dakota Senate President Pro Tempore.
- Missing the mark: Alienation of affections as an attempt to address parental alienation in South Dakota.
- 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.
- INDIAN COUNTRY LAWYERS: A SOUTH DAKOTA SURVEY.(Symposium on Rural Lawyers)
- 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.
- The 1885 and 1889 Constitutional Convention debates.
- TOWARDS A MORE MEANINGFUL FUTURE: AN INDIAN CHILD WELFARE LAW FOR SOUTH DAKOTA.
- THE GOVERNMENT MISCONDUCT EXCEPTION TO THE DELIBERATIVE PROCESS PRIVILEGE: BRINGING CLARITY TO THE MOST IMPORTANT EXCEPTION TO THE MOST FREQUENTLY INVOKED GOVERNMENT EVIDENTIARY PRIVILEGE.
- Tribal self-determination in the age of scarcity.
- Modern trust governance.
- Journalistic coverage of the 1883, 1885 and 1889 constitutional conventions.
- 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.
- But-for sex: equal protection and the individual right to marry a specific person without regard to sex.
- An assessment of new appeals and external review processes - ERISA claimants get 'some kind of a hearing'.
- Buddha visits a neighborhood farmers market.
- Dedication to David E. Lust.(includes 4 testimonials)
- "Breaking up is hard to do": proposing legislative action in order to address the problems surrounding alimony and related divorce matters in South Dakota.
- 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.
- Dedication to Bob Morris.
- Alternative energy policy in a season of political acrimony: a survey of the Montana 2007 Legislature's approach to biofuels legislation.
- The deregulation of usury ceilings, rise of easy credit, and increasing consumer debt.
- THE TRIAL OF THE JURORS - A COMMENTARY ON 12 ANGRY MEN.
- Defenseless children: achieving competent representation for children in abuse and neglect proceedings through statutory reform in South Dakota.
- Called to the principal's office: How principal would have been held accountable in Mccaffree v. Principal under the new ERISA fiduciary standard.
- SOUTH DAKOTA'S DATA-DRIVEN, EVIDENCE-BASED JUVENILE JUSTICE REFORM.
- FORCED CATHETERIZATION: A METHOD OF SUBSTANCE TESTING THAT 'SHOCKS THE CONSCIENCE' SHOULD BE DISALLOWED IN ITS ENTIRETY.
- Introduction to the South Dakota Law Review's 2010 symposium issue.
- The test results said what? The post-Crawford admissibility of hearsay forensic evidence.
- STATE V. FISCHER: UNKNOWN POSSESSION TRANSFORMS INTO A STRICT LIABILITY CRIME.
- ASSESSING A POTENTIAL DEVIATION IN THE LEGISLATIVE PROCESS: THE USE OF VEHICLE BILLS IN SOUTH DAKOTA.
- REIMAGINING THE SUCCESSFUL ATTORNEY ARCHETYPE.(Symposium on Rural Lawyers)
- THE SHOT HEARD AROUND THE OUTBACK: WHY ADOPTING AUSTRALIA'S FIREARM LAWS WOULD FLOUT AMERICAN CONSTITUTIONALISM AND JUS COGENS NORMS.
- The federal courts and marriage equality: who decides?
- TEN IS TOO YOUNG: SOUTH DAKOTA'S NEED FOR A LEGISLATIVE AMENDMENT RAISING THE MINIMUM AGE OF CRIMINAL RESPONSIBILITY TO FOURTEEN.
- SOUTH DAKOTA LEGISPRUDENCE: A CATALOG AND ANALYSIS.
- THE TRIAL OF JOHN SCOPES.
- FRIENDS IN LAW PLACES: THE ROLE FOR MEDICAL-LEGAL PARTNERSHIPS IN RESHAPING THE RURAL BAR AND BEDSIDE.(Symposium on Rural Lawyers)
- REAFFIRMING THE ROLE OF THE JURY: THE PROBLEM OF SUMMARY JUDGMENT, DUTY, AND ROADKILL IN ZERFAS V. AMCO INSURANCE COMPANY.
- THE MOVEMENT TO STOP YOUTH SOLITARY CONFINEMENT: DRIVERS OF SUCCESS & REMAINING CHALLENGES.
- THE RURAL LAWYER SHORTAGE AS (SURPRISING) SCHOLARLY IMPETUS.(Symposium on Rural Lawyers)
- 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.
- QUANTIFYING THE RURAL LEGAL DESERT PROBLEM: ASSESSING ACCESS TO JUSTICE AND LEGAL SERVICES IN MARGINALIZED COMMUNITIES.(Symposium on Rural Lawyers)
- ADVISING THE HOUSE OF REPRESENTATIVES THROUGH IMPEACHMENT.
- "THIS WEARISOME ANALYSIS": THE CLEAR AND PRESENT DANGER TEST FROM SCHENCK TO BRANDENBURG.
- Reflections on the rural practice of law in South Dakota: past, present, and future.
- Legal issues involving ethanol production in South Dakota.
- Interpreting Hobby Lobby to not harm LGBT civil rights.
- IMPEACHMENT TRIAL OF ATTORNEY GENERAL JASON RAVNSBORG: CRAFTING AN OPENING STATEMENT.(South Dakota)
- Decanting: a practical roadmap for modernizing trusts in South Dakota.
- Reverse piercing: a single member LLC paradox.
- Tribute to Professor Horton.
- Negotiating meaningful concessions from states in gaming compacts to further tribal economic development: satisfying the "economic benefits" test.
- Winners and losers: the EPA's unfair implementation of renewable fuel standards.
- Dedication to Dean and Professor Emeritus Barry Vickrey.
- 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.(Introduction through II. Living Under Nineteenth Century Standards in the Twenty-First Century C. Review of South Dakota Bankruptcy Court Decisions 7. Exemptions - Head of Household f. In re Schmidt, p. 257-284)
- MAKING THE RALLY ROAR WHILE PROVIDING A RETURN TO THE LOCAL COMMUNITY: TRADEMARK PROTECTION AND THE STURGIS MOTORCYCLE RALLY.
- Law stretched thin: access to justice in rural America.
- Delving into Rapanos v. United States, United States v. Bailey, and regulatory guidance: the importance of science in determining federal jurisdiction over wetlands.
- GUIDED INTO JEOPARDY: HOW SOUTH DAKOTA'S FAILURE TO REGULATE THE ACTS OF HUNTING OUTFITTERS CAN INFLICT CRIMINAL LIABILITY AND BODILY HARM ON CLIENT-HUNTERS.
- A JOP GADGET DISCOVERY AND ANALYSIS TOOL.
- A OR Z? AN ANALYSIS OF THOM V. BARNETT.
- Answering the call: drug courts in South Dakota.
- BEST PRACTICES, CHALLENGES AND OPPORTUNITIES FOR BODY WORN CAMERA PROGRAMS.
- Buddha's Law Review Article on Originalism.
- CONCEPTUAL COPYRIGHT.
- THE LEGAL LANDSCAPE IS ROUGH COUNTRY FOR SOUTH DAKOTA RANCHERS WHO OPERATE ON FEDERAL LANDS.
- United States v. Windsor and interstate marriage recognition.
- Understanding Rural Legal Deserts to Inform Public Policy: Identifying and Describing Lawyer Gaps in Non-Metropolitan Counties.
- THE ACADEMIC LAW LIBRARY'S ROLE IN CULTIVATING THE RURAL LAWYER.
- Lincoln the 'dictator'.
- Burley v. Kytec Innovative Sports Equipment, Inc.: expert testimony in strict products liability cases in South Dakota.
- Testamentary incapacity, undue influence, and insane delusions.
- POST-SCRIPT MOTORCYCLE THEFT IN THE UNITED STATES: A BRIEF GUIDE FOR RIDERS.
- Morse v. Frederick: a dubious decision shows a need for judicial restraint by the Supreme Court.
- "CHICKENIZATION," DATA-HARVESTING, AND ANTITRUST.
- STATE RECALCITRANCE STRATEGIES FOR RESISTING THE FEDERAL GOVERNMENT.
- OVER-PRIVILEGED: LEGAL CANNABIS, DRUG OFFENDING & THE RIGHT TO FAMILY INTEGRITY.
- The productivity problem: an analysis of conservation easement taxation issues following South Dakota's implementation of a productivity-based land valuation system.
- HAS THE "LAST PETAL" FALLEN? BEAUTY OF THE MODERN JURY TRIAL AND THE BEAST KNOWN AS THE PEREMPTORY CHALLENGE.
- SEARCHING FOR TRUTH IN A HALF-TOLD STORY: BALANCING PARENTAL RIGHTS AGAINST CHILDREN'S INTERESTS IN PURCELL V. BEGNAUD.
- "DO NOT READ".(legal citations and pubications rules)
- Dedication to Dean & Professor Emeritus Thomas Earl Geu.(includes 7 testimonials)
- WAITING FOR THE SMOKE TO CLEAR: THE COMPLICATED BEGINNINGS AND PROMISING FUTURE OF TRIBAL CANNABIS.
- South Dakota's aggravating circumstances on trial.
- NATIVE YOUTH & JUVENILE INJUSTICE IN SOUTH DAKOTA.
- Religious liberty after Gonzales: a look at state RFRAS.
- The cohabitation aggravation: third-party consent and the Fourth Amendment following Fernandez v. California.
- Dedication to Judge Kathleen F. Trandahl.
- The Supreme Court During COVID-19: Keeping Its Head When Those About it Were Losing Theirs.
- Prohibiting the death penalty for the rape of a child while overlooking wrongful execution: Kennedy v. Louisiana.
- TRIBES IN THE TEXT: HOW STATE CONSTITUTIONS STRUCTURE GOVERNMENTAL RELATIONSHIPS WITH NATIVE TRIBES.
- CHIEF JUSTICE DAVID GILBERTSON.(includes 5 testimonials)
- Tribal incorporation of First Amendment norms: a case study of the Indian tribes of South Dakota.
- An examination of Crawford v. Marion County Election Board: photo identification requirements make the fundamental right to vote far from 'picture perfect'.
- Public health law and equal access to justice in rural America.
- LESSONS LEARNED: THE PEA RIDGE SCHOOL DISTRICT'S DISCRIMINATION AGAINST STUDENTS WITH HIV/AIDS HAS REKINDLED DIFFICULT ISSUES.
- The Crazy Horse malt liquor case: from tradition to modernity and halfway back.
- 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.
- Specific performance as a seller remedy for buyer's breach of a sales contract--the availability of judicial purchase orders.
- Discretionary clause bans & ERISA preemption.
- The University of South Dakota School of Law.
- ILLUMINATING PATTERNS: PREDICTING FAIR USE OUTCOMES IN COPYRIGHT LAW.
- AGUILAR V. AGUILAR AND THIRD-PARTY CUSTODY DETERMINATIONS: EXAMINING THE DEFINITION OF "PARENT" FROM THE EYES OF THE CHILD.
- Medical privacy: the South Dakota Supreme Court adopts SDCL 19-2-13.
- 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.
- Liberty of Conscience: In Defense of America's Tradition of Religious Equality.
- YES, IT IS THAT BIG A DEAL.(impeachment of South Dakota Attorney General Jason Ravnsborg)
- Grantor trusts in South Dakota: preserving a planning tool to maintain the state's trust friendly status.
- THE IMPEACHMENT OF ATTORNEY GENERAL JASON RAVNSBORG.(South Dakota)