The Intra-Party Fight Among the Democratic Candidates Is Necessary and Healthy

NEIL H. BUCHANAN

UF law professor and economist Neil H. Buchanan explains why the Democratic presidential candidates attacking each other over policy differences and other issues rather than unifying to oppose President Trump in the general election. Buchanan argues that, perhaps illogically, the infighting is essential and a healthy part of the process.

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Oregon v. Andrews

Docket: S066479

Opinion Date: January 16, 2020

Judge: Martha Lee Walters

Areas of Law: Constitutional Law, Criminal Law

The state charged defendant Joshua Andrews with two crimes: one count of fourth- degree assault, and one count of harassment. At trial, the state presented evidence that defendant drove to the victim’s place of work, began yelling at him, spat on him, and punched him in the face, knocking out his tooth bridge. The jury acquitted defendant on the assault charge but convicted him of harassment. Post-trial, the state asked the court to impose restitution for the cost of replacing the victim’s tooth bridge. Defendant objected, arguing that the trial court did not have statutory authority to do so. Defendant unsuccessfully argued that restitution was permitted only when a trial court could conclude, from the defendant’s conviction, that the defendant engaged in the criminal act that formed the basis for the award of restitution, and that, in this case, the trial court could not reach that conclusion: the act that formed the basis for the victim’s damages was the punch, and the jury could have convicted defendant of harassment without finding that defendant had punched the victim. Defendant appealed, and the Court of Appeals affirmed. The Oregon Supreme Court allowed defendant’s petition for review, and, because it concluded the trial court could not award restitution under ORS 137.106, it reversed.

Friends of Columbia Gorge v. Energy Fac. Siting Coun.

Docket: S066993

Opinion Date: January 16, 2020

Judge: Thomas A. Balmer

Areas of Law: Construction Law, Government & Administrative Law, Real Estate & Property Law, Zoning, Planning & Land Use

In Friends of Columbia Gorge v. Energy Fac. Siting Coun., 365 Or 371, 446 P3d 53 (2019), the Oregon Supreme Court held that the Energy Facility Siting Council had failed to substantially comply with a procedural requirement when it amended rules governing how it processes requests for amendment (RFAs) to site certificates that the council issued. The Court therefore held that the rules were invalid. In response to that decision, the council adopted temporary rules governing the RFA process. Petitioners contended that those temporary rules were also invalid. According to petitioners, the rules were invalid because the council failed to prepare a statement of its findings justifying the use of temporary rules. Petitioners also maintained that the council’s rules exceed the 180-day limit on temporary rules or otherwise improperly operated retroactively. After review, the Supreme Court disagreed with petitioners’ arguments and concluded the temporary rules were valid.