South Dakota Law Review

Articles from Vol. 57, No. 1, Spring

A New "IDEA": Ending Racial Disparity in the Identification of Students with Emotional Disturbance
The Individuals with Disabilities Education Act (IDEA) represented a gallant effort by Congress to decrease discrimination against students with physical and developmental disabilities and to create an inclusionary school environment for all students....
Dedication
[ILLUSTRATION OMITTED] The Board of Editors for Volume 57 of the South Dakota Law Review is pleased to dedicate this volume to the memory of Robert E. "Mike" Driscoll, former Professor and Dean at the University of South Dakota School of Law. The...
Delving into Rapanos V. United States, United States V. Bailey, and Regulatory Guidance: The Importance of Science in Determining Federal Jurisdiction over Wetlands
In Rapanos v. United States, the Supreme Court addressed the issue of federal wetlands jurisdiction under the Clean Water Act. The Court's fractionalized opinion left lower courts searching for the appropriate analysis to determine Army Corps of Engineers...
Doctrinal Development or Devolution?: An Examination of the Incidental Regulation Test from Texas V. Johnson through Holder V. Humanitarian Law Project
In 1968, the United States Supreme Court proffered a new Track Two test, via Texas v. Johnson, with the ability to constitutionally validate government regulations that incidentally burdened free speech rights. Over the past fifty years, this "incidental...
Flawless Execution: Examining Ways to Reduce South Dakota's Lethal Injection Risks
As the constitutional standards for the manner of execution of a death sentence are evolving, South Dakota faces potential scrutiny. Baze v. Rees, a 2008 decision by the Supreme Court of the United States, sets the standard for a lethal injection protocol...
Medical Privacy: The South Dakota Supreme Court Adopts SDCL 19-2-13
"The information that may be recorded in a doctor's files is broadranging. The chronology of ailments and treatment is potentially sensitive. Patients may disclose highly personal details of lifestyle and information concerning sources of stress and...
The Corporation's New Lethal Weapon: Mandatory Binding Arbitration Clauses
Mandatory binding arbitration clauses require that all disputes be submitted to binding arbitration, rather than being settled within the traditional court system. Such clauses are often found within consumer and employment contracts. Over the years,...
The Crazy Horse Malt Liquor Case: From Tradition to Modernity and Halfway Back
I. INTRODUCTION AND BACKGROUND Tasunke Witko, or Crazy Horse as he is known in English, is a revered nineteenth century warrior and spiritual leader of the Oglala Band of the Lakota (or Sioux) Nation. (1) He is renowned for both his skills as a...