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Faculty Publications

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 2008 2008

A Selective Overview of Agency, Good Faith and Delaware Entity Law, Thomas Geu

The Uniform Limited Cooperative Association Act: An Introduction, Thomas Geu and James Dean

A Comparison Between China and the United States in the Legislative Background of Limited Partnership and the Independent Legal Personality, Thomas Geu and Li Wu

The Right to a Dignified Life (Vida Digna): The Integration of Social and Economic Rights with Civil and Political Rights in the Inter-American Human Rights System, Jo Pasqualucci

EAST OF THE RIVER: POEMS BOTH ANCIENT AND NEW, Frank Pommersheim

"New" Directions In Indian Law Scholarship: An Afterward, Frank Pommersheim

Poetry, Law, & Poetry: Some Notes Toward a Unified Theory, Frank Pommersheim

Understanding the Dean's Job, Barry Vickrey

Submissions from 2007 2007

Eight Ways to Defeat or Minimize ERISA Reimbursement Claims, Roger Baron

Cell Phones Combined with Driving Becoming Major Source of Exposure to Liability, Neil Fulton

A New First Amendment Model for Evaluating Content-Based Regulation of Internet Pornography: Revising the Strict Scrutiny Model to Better Reflect the Realities of the Modern Media Age, Patrick Garry

Coordinating the Exercise and Establishment Clauses: A Narrow Establishment Clause Test for Government Funding of Prisoner Rehabilitation Services by Religious Providers, Patrick Garry

The Constitutional Relevance of the Employer-Sovereign Relationship: Examining the Due Process Rights of Government Employees in Light of the Public Employee Speech Doctrine, Patrick Garry

The First Amendment and Non-Political Speech: Exploring a Constitutional Model That Focuses on the Existence of Alternative Channels of Communication, Patrick Garry

Where Speech Loses Its Luster: Campaign Finance Laws and the Constitutional Downgrading of Political Speech, Patrick Garry

WRESTLING WITH GOD: THE COURTS' TORTUOUS TREATMENT OF RELIGION (Paperback), Patrick Garry

The Effectiveness of Media Ratings Systems in Preventing Children’s Exposure to Violent and Sexually Explicit Media Content: An Empirical Study, Patrick Garry and Candice J. Spurlin

South Dakota Practice Guide, Thomas Geu

Foreclosure and Dissolution Rights of a Member’s Creditors: No Cause for Alarm, Thomas Geu and Thomas Rutledge

Practical Guide to Limited Liability Limited Partnerships, Thomas Geu and Thomas Rutledge

The New PRC Limited Partnership Enterprise Law and the Limited Partnership Law of the United States: A Selective Analytical Comparison, Thomas Geu and Yong Wu

Issue Dedication - Frank Slagle, Christine Hutton

South Dakota Criminal Law and Procedure Review 2001-2007 (Cumm. Supp. III), Christine Hutton

The Harmonization of Human Rights Laws: Guaranteeing The Plurality of Individual Rights, Jo Pasqualucci

Lines for a Colleague (Frank Slagle, 1947-2006), Frank Pommersheim

Meeting in the Aisle: Lawyers as Legislative Leaders, Barry Vickrey

Submissions from 2006 2006

The Expanded Concept of Facial Discrimination in the Dormant Commerce Clause Doctrine, David Day

The "Mature" Rehnquist Court and the Dormant Commerce Clause Doctrine: The Expanded Discrimination, David Day

Legal Cases Illustrate Lending Do's and Don'ts, Neil Fulton

Accommodating the Administrative State: The Interrelationship Between the Chevron and Nondelegation Doctrines, Patrick Garry

A Congressional Attempt to Alleviate the Uncertainty of the Court’s Establishment Clause Jurisprudence: The Public Expression of Religion Act, Patrick Garry

Anonymous Sources, Libel Law, and the First Amendment, in The First Amendment Law Handbook, Patrick Garry

A One-Sided Federalism Revolution: The Unaddressed Constitutional Compromise on Federalism and Individual Rights, Patrick Garry

Different Model for the Right to Privacy: The Political Question Doctrine as a Substitute for Substantive Due Process, Patrick Garry

Federalism’s Battle With History: The Inaccurate Associations With Unpopular Politics, Patrick Garry

Judicial Review and the “Hard Look” Doctrine, Patrick Garry

Liberty From On High: The Growing Reliance on a Centralized Judiciary to Protect Individual Liberty, Patrick Garry

The Constitutional Lynchpin of Liberty in an Age of New Federalism: Replacing Substantive Due Process With the Right to Travel, Patrick Garry

The Unannounced Revolution: How the Court Has Indirectly Effected A Shift in the Separation of Powers, Patrick Garry

WRESTLING WITH GOD: THE COURTS' TORTUOUS TREATMENT OF RELIGION, Patrick Garry

The Challenges to Harmonization of Inter-Jurisdictional Trade Laws, Patrick Garry and Candice J. Spurlin

Determining Section 179 Property (Decision tree, logic document), Thomas Geu

In re Ehmann II: Now You See It, Now You Don’t, Thomas Geu and Thomas Rutledge

The Landscape of Search and Seizure: Observations on Recent Decisions from the United States Court of Appeals for the Eighth Circuit, Christine Hutton

Criminal Defamation and the Evolution of the Doctrine of Freedom of Expression in International Law: Comparative Jurisprudence of the Inter-American Court of Human Rights, Jo Pasqualucci

The Evolution of International Indigenous Rights in the Inter-American Human Rights System, Jo Pasqualucci

Haiku for Mike Roche, Frank Pommersheim

SOUTH DAKOTA TRIBAL COURT HANDBOOK (Revised Edition), Frank Pommersheim

Submissions from 2005 2005

A Half-Century Since Brown: The Legal Academy's Views of Racism, Patrick Garry

Anonymous Sources, Libel Law and the First Amendment, Patrick Garry

Confronting the Changed Circumstances of Free Speech in a Media Society, Patrick Garry

Next Step in Diversity: Extending the Logic of Grutter v. Bollinger to Faculty Tenure, Patrick Garry

Religious Freedom Deserves More Than Neutrality: The Constitutional Argument for Nonpreferential Favoritism of Religion, Patrick Garry

The Myth of Separation: America's Historical Experience with Church and State, Patrick Garry

The Right to Reject: The First Amendment in a Media-Drenched Society, Patrick Garry

Guess Who’s Coming to Dinner: The Bankruptcy Trustee's Ability To Become a Member of an LLC and the Ehmann Decision, Thomas Geu and Thomas Rutledge

Sir Walter Raleigh Revived: The Supreme Court Re-Vamps Two Decades of Confrontation Clause Precedent in Crawford v. Washington (or, What You Learned in Law School About Confrontation is Passé, Christine Hutton

Interim Measures in International Human Rights: Evolution and Harmonization, Jo Pasqualucci

The Inter-American Court of Human Rights, Jo Pasqualucci

Constitutional Shadows: The Missing Narrative in Indian Law, Frank Pommersheim

Contribution to FELIX COHEN'S HANDBOOK OF FEDERAL INDIAN LAW, Frank Pommersheim

Present Moment: A Zen Reflection on Indian Law Doctrine, Frank Pommersheim

Using Trusts to Settle Lawsuits, Thomas Simmons

When Gift Planning Goes Awry, Thomas Simmons

Submissions from 2004 2004

Public Policy Considerations Warranting Denial of Reimbursement to ERISA Plans: It's Time to Recognize the Elephant in the Courtroom, Roger Baron

Amendment E: The Constitutional Dimensions of Unintended Consequences, Neil Fulton

Brief of Appellees Montana-Dakota Utilities Co., Northwestern Public Service, and Otter Tail Power Company, Neil Fulton and Dave Gerdes

An Inequality Among Equals: Disparities in the Judicial Treatment of Free Speech and Religious Exercise Claims, Patrick Garry

Defining Speech in an Entertainment Age: The Case of First Amendment Protection for Video Games, Patrick Garry

The First Amendment in a Time of Media Proliferation: Does Freedom of Speech Entail a Private Right to Censor, Patrick Garry

The Flip Side of the First Amendment: A Right to Filter, Patrick Garry

The Institutional Side of Religious Liberty: A New Model of the Establishment Clause, Patrick Garry

The Irrationality of Shareholder Class Action Lawsuits: A Proposal For Reform, Patrick Garry, Candice J. Spurlin, Debra A. Owen, William A. Williams, and Lindsay J. Efting

Selected Estate Planning Aspects of the Uniform Limited Partnership Act (2001), Thomas Geu

Charging Orders and the New Limited Partnership Act: Dispelling Rumors of Disaster, Thomas Geu, Carter Bishop, and Dan Kleinberger

A Noteless Approach, Christine Hutton

Courtroom Observation, Christine Hutton

Laying the Foundation, Christine Hutton

Motion to Suppress, Christine Hutton

Music and Movies, Not Notes, Christine Hutton

Powell, Wiggins, and Turow: Competent Counsel for the Capital Defendant, Christine Hutton

Tribal Courts and Federal Courts: A Very Preliminary Set of Notes for Federal Courts Teachers, Frank Pommersheim

Rights of Access to the Courts by Individuals with Disabilities, Tom Simmons

Twenty-Five Propositions on Writing and Persuasion, Jonathan Van Patten

Submissions from 2003 2003

Revisiting Pike: The Origins of the Nondiscrimination Tier of the Dormant Commerce Clause Doctrine, David Day

The Proposed Model Inter-Entity Transaction Act: A Proposal to Rationalize Changes in Forms of Business Organizations, Thomas Geu and Robert Keatinge

The Albright Decision - Why an SMLLC is not an Appropriate Asset Protection Vehicle, Thomas Geu and Thomas Rutledge

Hatch-Waxman Reform and Accelerated Market Entry of Generic Drugs: Is Faster Necessarily Better?, Sarah Kammer

The Tension Between Textualism and Substance-Over-Form Doctrines in Tax Law, Allen Madison

THE PRACTICE AND PROCEDURE OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS, Jo Pasqualucci

Indian Tribal Courts, Frank Pommersheim

Lara: A Constitutional Crisis in Indian Law?, Frank Pommersheim

A Review of South Dakota Criminal Justice: A Study of Racial Disparities by Richard Braunstein and Steve Feimer, Frank Pommersheim and Elsie Meeks

Are We Gatekeepers?, Barry Vickrey

Submissions from 2002 2002

New Dimensions of the Section 5 Enforcement Power, David Day

Wielding Ockham’s Knitting Needles, Neil Fulton

Are Employee Appraisals Making the Grade? A Basic Primer and Illustrative Application of Federal Private Employment Discrimination Law, Thomas Geu

Expectations for the Twenty-First Century: An Overview of the New Limited Partnership Act, Thomas Geu and Barry Nekritz

Flaws in Capital Sentencing: Skewing the Reasoned Moral Response, Christine Hutton

South Dakota Criminal Law and Procedure Review 1996-2001 (Cumm. Supp. II), Christine Hutton