South Dakota Law Review

Articles from Vol. 57, No. 2, Summer

A Collection of Interesting South Dakota Cases
This Article presents a collection of interesting South Dakota cases. It is not claimed, in this Article, that the most interesting cases are covered, or that any case is covered exhaustively. Nonetheless, the cases presented are interesting. South...
Answering the Call: Drug Courts in South Dakota
I. INTRODUCTION In 1989, Florida became the first state in the union to implement a drug court. In 2007, South Dakota became the last. On July 1, 2007, South Dakota launched its first drug court--the Northern Hills Drug Court ("NHDC") of the Fourth...
Dealing with the Whip End of Someone Else's Crazy: Individual-Based Approaches to Indian Land Fractionation
Traditional property rights among Native American peoples were complex and varied greatly from tribe to tribe, both in their customs and structures of enforcement. Although decentralized power in the hands of family groups and personal ownership rights...
Love Isn't All You Need: An Argument for Statutory Recognition of Committed Heterosexual Relationships under Intestacy Laws in South Dakota in Response to in Re Estate of Duval
In In Re Estate of Duval, the South Dakota Supreme Court reversed the circuit court and ruled that Karen Hargrave was not, as she believed, the common law wife of her deceased intestate male partner. The court determined that Hargrave was not Duval's...
Overcoming Challenges in the Multilateral Investment Guarantee Agency's Risk Insurance Coverage to Private Water Investors: Corruption and Consumer Risks
I. SUMMARY This paper discusses the ongoing controversial problems about how to make the World Bank Group more responsive to corruption in its financed investments and how to reduce corruption and consumer conflicts resulting in failed water supply...
Specific Performance as a Seller Remedy for Buyer's Breach of a Sales Contract-The Availability of Judicial Purchase Orders
When might a court issue a decree ordering specific performance as a remedy available to a seller for a buyer's breach of a contract for sale of goods? The Sales Article of the Uniform Commercial Code does not acknowledge that specific performance...
State V. Klager: The Slippery Slope of Warrantless Administrative Inspections in South Dakota
In 2011 the South Dakota Supreme Court in State v. Klager expanded the reach of warrantless searches by holding that an administrative inspection of a taxidermy business did not violate the Fourth Amendment's restriction against unreasonable searches...
Storytelling for Lawyers
INTRODUCTION There are great souls out there who have extraordinary powers of persuasion. If we have been fortunate, we have encountered several of them over the course of our lives. In ways unique to each, they combine authority and wisdom. They...

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