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Tribal-State Gaming Compacts: The Constitutionality Of The Indian Gaming Regulatory Act, William T. Bisset
Tribal-State Gaming Compacts: The Constitutionality Of The Indian Gaming Regulatory Act, William T. Bisset
UC Law Constitutional Quarterly
The Indian Gaming Regulatory Act (IGRA) permits Indian tribes to operate casino games on Indian lands, but only if the games are conducted in conformance with a tribal-state compact. Upon tribal request, a state must negotiate such a compact in good faith or risk losing its opportunity to regulate Indian gaming at all. In response to IGRA-sanctioned, federal-court actions by tribes to enforce their rights, states have successfully raised Tenth and Eleventh Amendment "states' rights" challenges to IGRA's constitutionality. This Article argues that the controlling Supreme Court precedent precludes states (a) from invoking the Eleventh Amendment as a defense to …
Health Care And The Constitution: Public Health And The Role Of The State In The Framing Era, Wendy E. Parmet
Health Care And The Constitution: Public Health And The Role Of The State In The Framing Era, Wendy E. Parmet
UC Law Constitutional Quarterly
No abstract provided.
Thurgood Marshall: An Heir Of Charles Hamilton Houston, J. Clay Smith Jr.
Thurgood Marshall: An Heir Of Charles Hamilton Houston, J. Clay Smith Jr.
UC Law Constitutional Quarterly
No abstract provided.
Desegregation And The Supreme Court: The Fatal Attraction Of Brown, Donald E. Lively
Desegregation And The Supreme Court: The Fatal Attraction Of Brown, Donald E. Lively
UC Law Constitutional Quarterly
No abstract provided.
A Reply To Cummings: Are The Racial Realists Forced To Embrace The Legal Rationale Of The Liberal And Integrationist Structures, Kevin Brown
UC Law Constitutional Quarterly
No abstract provided.
Simple Justice Gets Complicated, Pedro A. Noguera
Simple Justice Gets Complicated, Pedro A. Noguera
UC Law Constitutional Quarterly
No abstract provided.
Accidental Shootings As Fourth Amendment Seizures, Kathryn R. Urbonya
Accidental Shootings As Fourth Amendment Seizures, Kathryn R. Urbonya
UC Law Constitutional Quarterly
No abstract provided.
What States Owe Outsiders, Matthew Adler
What States Owe Outsiders, Matthew Adler
UC Law Constitutional Quarterly
No abstract provided.
Mu'min V. Virginia--Content Questioning For Media Bias In Jury Selection: Ask Them No Questions, They'll Tell You No Lies, Jill Simeone
Mu'min V. Virginia--Content Questioning For Media Bias In Jury Selection: Ask Them No Questions, They'll Tell You No Lies, Jill Simeone
UC Law Constitutional Quarterly
No abstract provided.
Nude Dancing, Expressive Conduct, And The First Amendment: Reviewing Barnes V. Glen Theatre, Edward Mckinley Urschel
Nude Dancing, Expressive Conduct, And The First Amendment: Reviewing Barnes V. Glen Theatre, Edward Mckinley Urschel
UC Law Constitutional Quarterly
No abstract provided.
This Gentle Giant, Ramsey Clark
Wit, Wisdom, And Compassion, Kevin T. Baine
Wit, Wisdom, And Compassion, Kevin T. Baine
UC Law Constitutional Quarterly
No abstract provided.
Brown In State Hands: State Policymaking And Educational Equality After Freeman V. Pitts, Bernard James, Julie M. Hoffman
Brown In State Hands: State Policymaking And Educational Equality After Freeman V. Pitts, Bernard James, Julie M. Hoffman
UC Law Constitutional Quarterly
No abstract provided.
The Latter Stages Of Enforcement Of Equitable Decrees: The Course Of Institutional Reform Cases After Dowell, Rufo, And Freeman, David I. Levine
The Latter Stages Of Enforcement Of Equitable Decrees: The Course Of Institutional Reform Cases After Dowell, Rufo, And Freeman, David I. Levine
UC Law Constitutional Quarterly
No abstract provided.
Afrocentric Movements In Education: Examining Equity, Culture, And Power Relations In The Public Schools, Drake D. Hill
Afrocentric Movements In Education: Examining Equity, Culture, And Power Relations In The Public Schools, Drake D. Hill
UC Law Constitutional Quarterly
No abstract provided.
All-Male Black Schools: Equal Protection, The New Separatism And Brown V. Board Of Education, Richard Cummings
All-Male Black Schools: Equal Protection, The New Separatism And Brown V. Board Of Education, Richard Cummings
UC Law Constitutional Quarterly
No abstract provided.
Affirmative Action For The Poor: A Proposal For Affirmative Action In Higher Education Based On Economics, Not Race., Kimberly Paap Taylor
Affirmative Action For The Poor: A Proposal For Affirmative Action In Higher Education Based On Economics, Not Race., Kimberly Paap Taylor
UC Law Constitutional Quarterly
No abstract provided.
It's Time To Unfix The Criminal Justice System, Abner J. Mikva
It's Time To Unfix The Criminal Justice System, Abner J. Mikva
UC Law Constitutional Quarterly
No abstract provided.
Monstrous Decision: Kidnapping Is Legal, Hernan De J. Ruiz-Bravo
Monstrous Decision: Kidnapping Is Legal, Hernan De J. Ruiz-Bravo
UC Law Constitutional Quarterly
No abstract provided.
The General Aptitude Test Battery And The Debate Over Race Norming, Racial Preferences, And Affirmative Action, Emily Prescott
The General Aptitude Test Battery And The Debate Over Race Norming, Racial Preferences, And Affirmative Action, Emily Prescott
UC Law Constitutional Quarterly
No abstract provided.
Comment: Blinking At Reality: An Examination Of Bray V. Alexandria, Marjorie Richter
Comment: Blinking At Reality: An Examination Of Bray V. Alexandria, Marjorie Richter
UC Law Constitutional Quarterly
No abstract provided.
The University In The Manner Of Tiananmen Square, William Van Alstyne
The University In The Manner Of Tiananmen Square, William Van Alstyne
UC Law Constitutional Quarterly
This Essay examines university trends in regulating student and faculty verbal conduct as part of the larger general controversy on political correctness and its possible conflicts with neutral principles of academic freedom and freedom of speech.
The First Amendment Right To Petition Government For A Redress Of Grievances: Cut From A Different Cloth, Julie M. Spanbauer
The First Amendment Right To Petition Government For A Redress Of Grievances: Cut From A Different Cloth, Julie M. Spanbauer
UC Law Constitutional Quarterly
The First Amendment right to petition government has been improperly limited by the United States Supreme Court. While the Court has agreed that the Petition Clause extends to the judiciary, it has improperly concluded that the Petition Clause does not provide a substantive right of access to the judiciary. Instead, the Court has granted only limited immunity to petitioners and has concluded that, whatever the breadth of the Petition Clause, there is no correlative duty of governmental response. The Court's interpretation ignores the historical understanding of this right. From its inception in England and throughout the colonial era, the right …
A Constitution In Conflict: The Doctrine Of Independent State Grounds And The Voter Initiative In California, Rachel A. Van Cleave
A Constitution In Conflict: The Doctrine Of Independent State Grounds And The Voter Initiative In California, Rachel A. Van Cleave
UC Law Constitutional Quarterly
California's Declaration of Rights proclaims that it is independent from rights set forth in the Federal Constitution. However, the voters of California, by simple majority votes, passed Propositions 8 and 115, the so-called "victims' rights initiatives," in an effort to require California judges to interpret certain California rights no broader than the federal judiciary has interpreted similarly worded rights found in the Federal Bill of Rights. This has resulted in a conflict between the voter's right to initiate law, and the rights of all Californians to an independent Declaration of Rights. This Article does not argue that broader rights are …
The California Constitution And The Counter-Initiative Quagmire, Elizabeth M. Stein
The California Constitution And The Counter-Initiative Quagmire, Elizabeth M. Stein
UC Law Constitutional Quarterly
It has become a popular political strategy in California to place counter-initiatives on the ballot with the intent of frustrating a reform movement. This practice has forced the courts to address the question of when two conflicting initiatives are passed by a majority of the voters, should the provisions of the two initiatives be combined or should the initiative that receives the greater number of votes entirely knock out the other initiative? In Taxpayers to Limit Campaign Spending v. Fair Political Practices Commission, the California Supreme Court attempted to simplify the task of interpreting the California Constitution to mean that …