This treatise is an analytical and scholarly treatment of some of the most important provisions of the Oregon Constitution, and offers new insights into the document, informed by in-depth investigation of the underlying theories, sources, and original understanding of the state constitution, an understanding that often is at odds with the opinions of the Oregon Supreme Court issued during the last thirty years. It discusses rights of religious freedom, free speech, trial by jury, remedies, equal privileges and immunities, property, extraordinary relief, and the initiative process. The treatise not only features an in-depth discussion of significant aspects of the Oregon Constitution, but also discusses important trends in American constitutional thought, the nature of constitutional interpretation, and the problems of judicial independence and judicial elections. In doing so, the treatise addresses themes of legal and constitutional history, legal theory, and even comparative law.
Bradley J. Nicholson earned a B.A. in history at Reed College and a J.D. at the University of Pennsylvania Law School. In law school he was a staff member of the Journal of International Business Law. He served as law clerk to Judge Morris S. Arnold on the United States District Court for the Western District of Arkansas and on the Eighth Circuit Court of Appeals. He practiced law in Silicon Valley as an intellectual property and business litigator. He also served as a staff attorney for the Supreme Court of Nevada and the Oregon Supreme Court. He is the author of several law review articles on the subjects of legal history and intellectual property.