South Dakota Law Review

Articles from Vol. 57, No. 3, Fall

Cattle on a Thousand Hills: Reflections on the Beef Checkoff Litigation
Over the years, the federal government and state governments have passed laws authorizing producers of various agricultural commodities to assess and collect mandatory fees in order to pay for the generic advertising of their products. These programs...
Curb Appeal: Municipal Special Assessments after Hubbard V. City of Pierre
South Dakota municipalities rely on their statutory authority to fund improvements like streets, curb and gutter, sewer and water infrastructure, and sidewalks though special assessments. These assessments charge the cost of part or all of some improvements...
Government May Not Speak Out-of-Turn
"The Government can, without violating the Constitution, selectively fund a program to encourage certain activities it believes to be in the public interest, without at the same time funding an alternative program which seeks to deal with the problem...
Government Speech: An Introduction to a Constitutional Dialogue
I. INTRODUCTION It is a great pleasure to prepare this Introduction to the South Dakota Law Review's Symposium Issue. The Board of Editors selected the timely and controversial topic of the Government Speech Doctrine for this year's Symposium. ...
Government Speech in Transition
In Johanns v. Livestock Marketing Ass'n, (1) the Supreme Court offered its clearest articulation to date of its emerging government speech doctrine. (2) After characterizing contested expression as the government's, the Court then held such government...
Plugging the Drain: Using Northwest Environmental Defense Center V. Brown to Reach Other Point Source Discharges under the Clean Water Act
In Northwest Environmental Defense Center v. Brown ("NEDC"), the Ninth Circuit ruled that stormwater runoff from two logging roads, once channeled through systems of culverts, ditches, and drains, was considered a point source discharge under the Clean...
Remarks on the South Dakota Law Review Symposium: "The Government Speech Doctrine" March 1, 2012
I am truly honored to be included among those invited to participate as a panelist in the 2012 South Dakota Law Review Symposium. I am particularly pleased to share a spot on this panel with my long time friend and colleague, Dr. Don Dahlin. As many...