This series contains articles, book chapters, and other publications authored or co-authored by current and emeritus faculty of the University of South Dakota Knudson School of Law. To browse content by author, use the links below:
Roger Baron | Gregory Brazeal | David Day | Neil Fulton | Patrick M. Garry | Thomas Geu | Randall Gingiss | Alex Hagen | Hannah Haksgaard | Wendy Hess | Thomas J. Horton | Christine Hutton | Sarah Kammer | Sean Kammer | George Mader | Allen Madison | Shirley Mays | Michael McKey | Robert Miller | Tyler Moore | Tamara Nash | Jo Pasqualucci | Frank Pommersheim | Laura Rose | Chris Schmidt | Thomas Simmons | Charles Thatcher | Marilyn Trefz | Jonathan Van Patten | Barry Vickrey
Submissions from 2019
‘I was so much older then/I’m younger than that now’: Valedictory Notes and Collage, Frank Pommersheim
United States v. Gillette: A Tiny Prairie Case Note Opening a Window on the Enveloping Fog Obscuring The Indian Civil Rights Act of 1968, Frank Pommersheim
Book Review: Supreme Court of India: The Beginnings, Thomas Simmons
Conflict-of-Interest-Infected Virtual Representatives and a Cure, Thomas Simmons
Purpose Trust Cy Pres, Thomas Simmons
Unwinding Irrevocable Trusts, Thomas Simmons
Purpose Trusts as a Planning Tool for the 21st Century, Thomas Simmons and Brad Myers
At the Sturgis Rally: A Story, Jonathan Van Patten
Dedication to Professor Emeritus Christine Hutton, Jonathan Van Patten
Submissions from 2018
Joint Dedication to Justice Lori S. Wilbur, Neil Fulton
Trial Lawyering in the Age of Fake News, Neil Fulton
Defining “Home” through Homestead Laws,, Hannah Haksgaard
Legal Deserts: A Multi-State Perspective on Rural Access to Justice, Hannah Haksgaard, Lisa Pruitt, Danielle Conway, Michele Statz, Lauren Sudeall, and Amanda Kool
Whether or Not Special Expertise is Needed: Anti-Intellectualism, the Supreme Court, and the Legitimacy of Law, Sean Kammer
Reserving a Place for Nature on Spaceship Earth: Rethinking the Role of Conservation Easements, Sean Kammer and Sarah Christopherson
Equitable Mootness, Robert W. Miller
A Will for Willa Cather, Thomas Simmons
Book Review: Law and Politics of Constitutional Courts: Indonesia and the Search for Judicial Heroes, Thomas Simmons
Book Review: Why Comics? From Underground to Everywhere, Thomas Simmons
Dispensing (With) Electronic Wills, Thomas Simmons
Homestead: A (New) Hope, Thomas Simmons
Privacy and Surveillance in Nursing Homes, Thomas Simmons
Review of Humans and Paragons: Essays on Super-Hero Justice, Thomas Simmons
Unmasked Lex Text: A Review of On Comics and Legal Aesthetics – Multimodality and the Haunted Mask of Knowing, Thomas Simmons
Dedication to Professor Charles M. Thatcher, Jonathan Van Patten
Thinking About the South Dakota Constitution, Jonathan Van Patten
Twenty-Five Ways to Say No, Jonathan Van Patten
Submissions from 2017
Rural Women and Developments in the Undue Burden Analysis: The Effect of Whole Woman's Health v. Hellerstedt, Hannah Haksgaard
No-Analogue Future: Challenges for the World of Nature in a World Without Precedent, Sean Kammer
Generation Gaps and Ties That Bind: Constitutional Commitments and the Framers’ Bequest of Unamendable Provisions, George Mader
Nothing New: Consent, Forfeiture, and Bankruptcy Court Final Judgments, Robert W. Miller
A Chinese Inheritance, Thomas Simmons
Actuarial Soundness, the Meaning of "Commensurate," and a "Sniff Test", Thomas Simmons
Book Review: Shakespeare and Judgment, Thomas Simmons
Future Interests? Meet Chattels!, Thomas Simmons
Income Tax Concerns With Purpose Trusts, Thomas Simmons
Introducing Virtual Representation, Thomas Simmons
Leach v. Hyatt: Recasting Indefiniteness, Thomas Simmons
Post-obit ADA Claims, Thomas Simmons
Prequel to Homestead, Thomas Simmons
To Authorize Sex with Oneself via Proxy or Advance Directive, Thomas Simmons
When Robots Trespass, Thomas Simmons
Wrongful Death Conflicts For Plaintiffs' Attorneys, Thomas Simmons
Article Dedication to Patrick K. Duffy (The Trial and Incarceration of Andy Dufresne), Jonathan Van Patten
The Trial and Incarceration of Andy Dufresne, Jonathan Van Patten
Submissions from 2016
Slut-Shaming in the Workplace: Sexual Rumors & Hostile Environment Claims, Wendy Hess
Workplace Rumors About Women's Sexual Promiscuity as Gender-Based Insults Under Title VII, Wendy Hess
The Legal Consequences of Noncompliance with Federal Tax Laws, Allen Madison
Stolen Profits: Civil Shoplifting Demands and the Misuse of, Chris Schmidt, Ryan Sullivan, and Daniel Gutman
Book Review: Hugh Glass: Grizzly Survivor, Thomas Simmons
Book Review: International and Comparative Law on the Rights of Older Persons, Thomas Simmons
Donative Trusts and Equity at Common Law, Thomas Simmons
"Granny Goes to Jail" Redux, Thomas Simmons
How to Die: Biomarker Adjuncts to Death Accelerants, Thomas Simmons
Intersectionality Problems with Gendered Disability Discrimination, Thomas Simmons
Killer Robots: An Apologia, Thomas Simmons
Mapping Chinese Trusts with a Patrimony Compass, Thomas Simmons
Oklahoma Tax Commission v. United States: Death Taxes on Restricted Indian Personalty, Thomas Simmons
Pregnancy, Thomas Simmons
Sexbots; An Obloquy, Thomas Simmons
The Unfortunate Provincialism of the Space Resources Act, Thomas Simmons
The Wrongheadedness of the POMS Pooled Trust Rules and an Unfortunate but Recently Noted Chinese Parallel, Thomas Simmons
UBIT Me!, Thomas Simmons
Wills Above Ground, Thomas Simmons
Skills for Law Students, Jonathan Van Patten
The Trial of Tom Robinson, Jonathan Van Patten
Submissions from 2015
Smoking Out Forest Fire Management: Lifting the Haze of an Unaccountable Congress and Lighting Up a New Law of Fire, Ashley Hoffman and Sean Kammer
Land and Law in the Age of Enterprise: A Legal History of Railroad Land Grants in the Pacific Northwest, 1864-1916, Sean Kammer
The Denial of IRS Access to Its Adversary's Playbook, Allen Madison
Local Memory and Karma (The Buddha Correspondence, Vol. 2), Frank Pommersheim
Tribal Justice: 25 Years as a Tribal Appellate Justice (LibGuide), Frank Pommersheim
Tribal Justice: Twenty-Five Years as a Tribal Appellate Justice, Frank Pommersheim
Preparing to Open Up Shop: How the Supreme Court Set the Stage to Prohibit Public-Sector Agency-Shop Provisions in Harris v. Quinn, Chris Schmidt
Deploying the Common Law to Quasi-Marxist Property On Mars, Thomas Simmons
Disability Discrimination in the Form of Ad Hoc Examinations, Thomas Simmons
Medicaid as Coverture, Thomas Simmons
Testamentary Incapacity, Undue Influence, and Insane Delusions, Thomas Simmons
The Intersection of Agency Doctrine and Elder Law: Attorney-in-Fact Authority to Arbitrate Nursing Home Claims, Thomas Simmons
The Law in Nazi Germany: Ideology, Opportunities and the Perversion of Justice (Book Review), Thomas Simmons
Topographical Emphases in Hugh Glass Narratives, 1825-2015, Thomas Simmons
What Zombies Can Teach Law Students: Popular Text Inclusion in Law and Literature, Thomas Simmons
On Editing, Jonathan Van Patten
The Changing Practice of Law and Law Schools: Why Would Anyone Go to Law School Today?, Barry Vickrey
Submissions from 2014
The Rising Role of State Constitutional Law: An Introduction to A Series of Articles on the South Dakota Constitution, Patrick Garry
The 1885 and 1889 Constitutional Convention Debates, Patrick Garry and Catherine Lucie Zumpano Chicoine
History of the 1889 South Dakota Constitution, Patrick Garry and Candice J. Spurlin
Journalistic Coverage of the 1883, 1885 and 1889 South Dakota Constitutional Conventions, Patrick Garry, Candice J. Spurlin, and Catherine Lucie Zumpano Chicoine
Rural Incentive Programs for Legal and Medical Professionals: A Comparative, Hannah Haksgaard
Book Review: Larry Haeg, Harriman vs. Hill: Wall Street's Great Railroad War, Sean Kammer
"No Trespassing": Railroad Land Grants, the Right of Exclusion, and the Origins of Federal Forest Conservation, Sean Kammer
The Futility of Tax Protester Arguments, Allen Madison
The Taxation of Gratuitous Services Gone Out of "Control", Allen Madison
Book Review: Karen J. Renner, The 'Evil Child' in Literature, Film and Popular Culture, Thomas Simmons
Cutting Edge and Bleeding Edge Medicaid Planning, Thomas Simmons
In Defense of Asset Protection and South Dakota's Domestic Asset Protection Trusts, Thomas Simmons
Submissions from 2013
Marking the 50th Anniversary of Gideon, Neil Fulton and Tim Purdon
Larson's and Hutton's South Dakota Evidence, Christine Hutton