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Beyond Abercrombie And Heffernan: Toward A Uniform Approach To Discrimination And Retaliation Claims Based On Misperception Theory In The Employment Context, John E. Rumel
Articles
No abstract provided.
Cultural Linguistics And Treaty Language: A Modernized Approach To Interpreting Treaty Language To Capture The Tribe's Understanding, Dylan R. Hedden-Nicely
Cultural Linguistics And Treaty Language: A Modernized Approach To Interpreting Treaty Language To Capture The Tribe's Understanding, Dylan R. Hedden-Nicely
Articles
Language is a reflection of a thought world. A worldview that has been shaped by place to describe one's identity in space and time does not equate to species relatedness as a default to know one another. In the legal system of the United States, there is acknowledgement of treaties in colonized lands that there are rights granted from the tribes and not to them, and those rights are land based. Yet, the Indigenous voice is dead before arrival, before it enters the room of science, justice, academe, or otherwise. The exclusion of Indigenous peoples at the table of knowledge …
Cultural Linguistics And Treaty Language: A Modernized Approach To Interpreting Treaty Language To Capture The Tribe's Understanding, Barbara Cosens
Cultural Linguistics And Treaty Language: A Modernized Approach To Interpreting Treaty Language To Capture The Tribe's Understanding, Barbara Cosens
Articles
Language is a reflection of a thought world. A worldview that has been shaped by place to describe one's identity in space and time does not equate to species relatedness as a default to know one another. In the legal system of the United States, there is acknowledgement of treaties in colonized lands that there are rights granted from the tribes and not to them, and those rights are land-based. Yet, the Indigenous voice is dead before arrival, before it enters the room of science, justice, academe, or otherwise. The exclusion of Indigenous peoples at the table of knowledge and …
First Amendment Right To A Remedy, Benjamin Plener Cover
First Amendment Right To A Remedy, Benjamin Plener Cover
Articles
Scholars and jurists agree that the First Amendment right “to petition the Government for a redress of grievances” includes a right of court access, but narrowly define this right as the right to file a lawsuit. This dominant view fails to meaningfully differentiate between the right to petition, the freedom of speech, and due process, missing the distinct significance of the Petition Clause when individuals petition courts. The most significant threats to court access today occur after the filing stage, when courts deny or limit remedies to legally injured persons — by enforcing a mandatory arbitration provision or an exhaustion …
Remedial And Preventive Responses To The Unauthorized Practice Of Immigration Law, Monique C. Lillard
Remedial And Preventive Responses To The Unauthorized Practice Of Immigration Law, Monique C. Lillard
Articles
No abstract provided.
A Textualist Approach To Purposivism In The Regulatory Arena, Linda Jellum
A Textualist Approach To Purposivism In The Regulatory Arena, Linda Jellum
Articles
No abstract provided.
Waiting For Hohfeld: Property Rights, Property Privileges, And The Physical Consequences Of Word Choice, Jerrold A. Long
Waiting For Hohfeld: Property Rights, Property Privileges, And The Physical Consequences Of Word Choice, Jerrold A. Long
Articles
An important part of our institutional and cultural history is our understanding of a system of property interests. The most common trajectory of land-use regulation appears consistent with a property rights meta-narrative that informs multiple academic disciplines and levels of human interaction. This meta-narrative suggests that all land-use decisions begin with an assumption about the nature and extent of property rights held by potentially affected landowners, and that the ultimate end of any land-use regime is to "protect" those assumed property rights from unwarranted or unjustified intrusion by government. Because the law is a distinct linguistic environment in which word …
The Art Of Statutory Interpretation: Identifying The Interpretative Theory Of The Judges Of The United States Court Of Appeals For Veterans' Claims And The United States Court Of Appeals For The Federal Circuit, Linda Jellum
Articles
No abstract provided.
The Marriage Amendments, Equality And Partner Benefits: A Letter To The City Council Of Moscow, Idaho, Elizabeth Brandt
The Marriage Amendments, Equality And Partner Benefits: A Letter To The City Council Of Moscow, Idaho, Elizabeth Brandt
Articles
No abstract provided.
Which Is To Be Master, The Judiciary Or The Legislature? When Statutory Directives Violate Separation Of Powers, Linda Jellum
Which Is To Be Master, The Judiciary Or The Legislature? When Statutory Directives Violate Separation Of Powers, Linda Jellum
Articles
Statutory interpretation is at the cutting edge of legal scholarship and, now, legislative activity. As legislatures have increasingly begun to perceive judges as activist meddlers, some legislatures have found a creative solution to the perceived control problem: statutory directives. Statutory directives, simply put, tell judges how to interpret statutes. Rather than wait for an interpretation with which they disagree, legislatures use statutory directives to control judicial interpretation. Legislatures are constitutionally empowered to draft statutes. In doing so, legislatures expect to control the meaning of the words they choose. Moreover, they prefer to do so early in the process, not after …
The Endangered Species Act: What We Talk About When We Talk About Recovery, Dale Goble
The Endangered Species Act: What We Talk About When We Talk About Recovery, Dale Goble
Articles
No abstract provided.
Fear Of Foreigners: Nativism And Workplace Language Restrictions, Mark Adams
Fear Of Foreigners: Nativism And Workplace Language Restrictions, Mark Adams
Articles
No abstract provided.
Discipline Of Clear Expression, Donald L. Burnett Jr.