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 2014
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
Coming to Terms with Wilderness: The Wilderness Act and the Problem of Wildlife Restoration, Sean Kammer
Land Into Trust: An Inquiry Into Law, Policy, And History, Frank Pommersheim
Business Trusts, S-Corp Trusts, Pre-Mortem Planning and Other Recent Developments in Trust and Estate Law, Thomas Simmons
How the Crummey Crumbles: Present Interest Planning With Trusts, Thomas Simmons
Judicial Memoirs, Thomas Simmons
A Middle Ground to Subrogation Law Will Protect South Dakota's Insureds, Marilyn Trefz
Metaphors and Persuasion, Jonathan Van Patten
"Profession, A Lawyer": Recent Scholarship Sheds Light on Abraham Lincoln's Law Practice, Barry Vickrey
Submissions from 2012
Revictimization of Personal Injury Victims by ERISA Subrogation Claims, Roger Baron
Defeating an ERISA Lien with the Statute of Limitations, Roger Baron and Anthony Lamb
Government Speech: An Introduction to a Constitutional Dialogue, David Day
Distorting the Establishment Clause into an Individual Dissenter's Right, Patrick Garry
LIMITED GOVERNMENT AND THE BILL OF RIGHTS, Patrick Garry
The Use and Success of Summary Judgment Motions: A Case Study of Summary Judgment Motion Practice in Minnehaha County, Patrick Garry, Candice J. Spurlin, John Garry, and Jaclyn Aberson
Book Review, The Beauty Bias: The Injustice of Appearance in Life and Law, Hannah Haksgaard
Decoupling Marriage & Procreation: A Feminist Argument for Same-Sex Marriage, Hannah Haksgaard
Rural Inheritance: Gender Disparities in Farm Transmission, Hannah Haksgaard
South Dakota Criminal Law and Procedure Review 2006-2011 (Cumm. Supp. IV), Christine Hutton
South Dakota Evidence, Christine Hutton
Economic Integration: An American Solution to the Multinational Enterprise Group Conundrum, Robert W. Miller
Fleshing out the Skeleton: Defining the Prongs of Stern v. Marshall, Robert W. Miller
THE PRACTICE AND PROCEDURE OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS (Cambridge Univ. Press 2nd ed.), Jo Pasqualucci
BROKEN LANDSCAPE: INDIANS, INDIAN TRIBES AND THE CONSTITUTION (Paperback ed.), Frank Pommersheim
Due Process and the Legitimacy of Tribal Courts, Frank Pommersheim
The Crazy Horse Malt Liquor Case: From Tradition to Modernity and Halfway Back (Part III of South Dakota Law Review Trilogy), Frank Pommersheim
Estate Planning for Individuals with Disabilities, Thomas Simmons
Grantor Trusts: The Who, the What, the Where, the Wherefore, and the Wherewithal, Thomas Simmons
Pooled Trusts, Tom Simmons
Dedication to Robert "Mike" Driscoll, Jonathan Van Patten
Storytelling for Lawyers, Jonathan Van Patten
Submissions from 2011
Consumer Protection and ERISA, Roger Baron
Transparency for ERISA Reimbursement Recoveries: A Proposal for Administrative and Congressional Action, Roger Baron
The Impact of Cigna v. Amara on ERISA Reimbursement Claims, Roger Baron and Marilyn Trefz
A Machine Made of Words: Our Incompletely Theorized Constitution, Gregory Brazeal
Bureaucracy and the U.S. Response to Mass Atrocity, Gregory Brazeal
How Much Does a Belief Cost?: Revisiting the Marketplace of Ideas, Gregory Brazeal
The Role of Public Comment in the Administrative Agency Process: A Case Study of the Rulemaking Process of One South Dakota Agency, Patrick Garry, Candice J. Spurlin, Jami Bishop, Logan Hollers, and Joseph Boyle
Introduction to Symposium Issue, Uncovered: The Policing of Sex Work, Hannah Haksgaard
Public Opinion is More than Law: Popular Sovereignty and Vigilantism in the Nebraska Territory, Sean Kammer
Rationalizing Tax Law by Breaking the Addiction to Economic Substance, Allen Madison
Amicus Briefs in Indian Law: The Case of Plains Commerce Bank v. Long Family Land and Cattle Co., Inc., ( Part II of South Dakota Law Review Trilogy), Frank Pommersheim
Buddha Speaks with His Oncologist (for David Getches), Frank Pommersheim
SMALL IS BEAUTIFUL (THE BUDDHA CORRESPONDENCE), Frank Pommersheim
Tribal Constitutions: Powers, Implementation, and Interpretation, Frank Pommersheim
Themes and Persuasion, Jonathan Van Patten
Submissions from 2010
Cases and Materials on Family Law for the South Dakota Lawyer, Roger Baron
Service of a "Proper Request" upon the Plan Administrator: a Key Step in Defending against ERISA Reimbursement Claims, Roger Baron
ERISA Reimbursement Proceeds: Where Does the Money Go?, Roger Baron and Delia Druley
Some Reflections on Modern Free Exercise Doctrine: A Review Essay, David Day
A Constitution of Many Minds: Why the Founding Document Doesn't Mean What It Meant Before, Patrick Garry
An Equal Protection View of the First Amendment, Patrick Garry
Assessing the Constitutional Autonomy of Such Non-State Institutions as the Press and Academia, Patrick Garry
Raising the Question of Whether Out-Of-State Political Contributions May Affect a Small State's Political Autonomy: A Case Study of the South Dakota Voter Referendum on Abortion, Patrick Garry, Derek A. Nelson, and Candice J. Spurlin
To Be Or Not to Be Exclusive: Statutory Construction of the Charging Order in the Single Member LLC, Thomas Geu, John DeBruyn, and Thomas Rutledge
The Analytic Protocol for the Duty of Loyalty Under the Prototype LLC Act, Thomas Geu and Thomas Rutledge
Just Kids: Baltimore’s Youth in the Adult Criminal Justice System, Wendy Hess
The Organization of American States, Jo Pasqualucci
At the Crossroads: A New and Unfortunate Paradigm of Tribal Sovereignty (Part I of South Dakota Law Review Trilogy), Frank Pommersheim
Festschrift for Phil Frickey: A Poem, Frank Pommersheim
Memorial by Frank Pommersheim (John Hagemann Memorial Service, Dec. 19, 2009), Frank Pommersheim
Integrating IRAs with SNTs, Thomas Simmons
Pooled Trusts: An Introduction and Personal History, Thomas Simmons
Decanting and its Alternatives: Remodeling and Revamping Irrevocable Trusts, Tom Simmons
Suing the Prosecutor, Jonathan Van Patten
Submissions from 2009
Against Gridlock: The Viability of Interest-Based Legislative Negotiation, Gregory Brazeal
CASES AND MATERIALS ON CONSTITUTIONAL LAW (5th ed.), David Crump, Eugene Gressman, and David Day
Some Problems of Free Exercise Doctrine - Social Good, Social Harm, and Undue Burdens: An Essay, David Day
ENTRENCHED LEGACY: HOW THE NEW DEAL CONSTITUTIONAL REFORM CONTINUES TO SHAPE THE ROLE OF THE SUPREME COURT, Patrick Garry
Liberty Through Limits: The Bill of Rights as Limited Government Provisions, Patrick Garry
Does Filtering Stop the Flow of Valuable Information?: A Case Study of the Children’s Internet Protection Act (CIPA) in South Dakota, Patrick Garry and Candice J. Spurlin
Wind Energy in Indian Country: A Study of the Challenges and Opportunities Facing South Dakota Tribes, Patrick Garry, Candice J. Spurlin, and Derek A. Nelson
A Single Theory of Limited Liability Companies: An Evolutionary Analysis, Thomas Geu
The New Uniform Limited Cooperative Association Act: A Capital Idea for Principled Self-Help Value Added Firms, Community-Based Economic Development, and Low-Profit Joint Ventures, Thomas Geu and James Dean
The Uniform Limited Cooperative Act: Comparative Leverage Points & Principles, Thomas Geu and James Dean
The Inter-American Human Rights System: Progress Made and Still To Be Made, Jo Pasqualucci
BROKEN LANDSCAPE: INDIANS, INDIAN TRIBES AND THE CONSTITUTION, Frank Pommersheim
Plains Commerce Bank v. Long Family Land and Cattle Company, Inc.: An Introduction With Questions, Frank Pommersheim
Submissions from 2008
Faith in Schools? Autonomy, Citizenship, and Religious Education in the Liberal State, Patrick Garry
How Strictly Scrutinized?: Examining the Educational Benefits the Court Relied Upon in Grutter, Patrick Garry
Pleasant Grove City v. Summum: The Supreme Court Finds a Public Display of the Ten Commandments to be Permissible Government Speech, Patrick Garry
The Last Freedom: Religion from the Public School to the Public Square, Patrick Garry
Tribal Incorporation of First Amendment Norms: A Case Study of the Indian Tribes of South Dakota, Patrick Garry, Candice J. Spurlin, Jennifer L. Keating, and Derek A. Nelson