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Full-Text Articles in American Studies

Review Of Sex, Murder, And The Unwritten Law: Courting Judicial Mayhem, Texas Style. By Bill Neal., Paul N. Spellman Oct 2011

Review Of Sex, Murder, And The Unwritten Law: Courting Judicial Mayhem, Texas Style. By Bill Neal., Paul N. Spellman

Great Plains Research: A Journal of Natural and Social Sciences

"If, as has often been contended, truth is the first casualty of traditional warfare, then logic, it appears, is the first casualty of sexual warfare." And with that thematic statement in hand, author Bill Neal is off to the proverbial races with an often delightful, sometimes troubling, and generally entertaining legal discourse on the so-called "unwritten law": that a cuckolded husband or a woman wronged has the God-given right to avenge or be avenged, even to redress by murder. With a curiously dispassionate, or at least overly serious, foreword by Cal State-Fullerton professor Gordon Morris Bakken, Neal's tales of adultery, …


Jackpot! A Legal History Of Indian Gaming In California, Aaron Peardon May 2011

Jackpot! A Legal History Of Indian Gaming In California, Aaron Peardon

UNLV Theses, Dissertations, Professional Papers, and Capstones

Indian Gaming has transformed the economic, political, and sociological landscape of California. The growth of Indian casinos has had a profound impact on both Indian and non-Indian communities alike. California tribes took the lead in legalizing Indian Gaming throughout the nation. The efforts of California tribes in the legislative and political process have enabled many tribal groups to rise out of poverty and to gain prosperity that would otherwise be impossible to achieve. They have also brought increased revenue to local communities and have provided thousands of jobs to all Californians.

This thesis discusses the historical relationships between Native American …


Review Of Aboriginal Title And Indigenous Peoples: Canada, Australia, And New Zealand. Edited By Louis A. Knafla And Haijo Westra., Dwight Newman Apr 2011

Review Of Aboriginal Title And Indigenous Peoples: Canada, Australia, And New Zealand. Edited By Louis A. Knafla And Haijo Westra., Dwight Newman

Great Plains Research: A Journal of Natural and Social Sciences

This volume contains a number of intelligent, insightful essays that, as a collection, are meant to offer comparative perspectives on Aboriginal title issues in Canada, Australia, and New Zealand. A relatively limited number of the essays actually engage in direct comparison, although David Yarrow's examination ofthe place ofIndigenous jurisdiction in Australia and Canada, Kent McNeil's scrutiny ofthe source and content ofIndigenous land rights in Australia and Canada, and Louis Knafta's superb introduction are welcome exceptions. Most of the other chapters frame a set of comparisons by engaging with issues in a single jurisdiction, although some are also devoted to specific …


Review Of Compact, Contract, Covenant: Aboriginal Treaty Making In Canada. By J.R. Miller., Sidney L. Harring Apr 2011

Review Of Compact, Contract, Covenant: Aboriginal Treaty Making In Canada. By J.R. Miller., Sidney L. Harring

Great Plains Research: A Journal of Natural and Social Sciences

In Canada, the term First Nations explicitly recognizes a nation-to-nation relationship between the Crown and the original inhabitants of North America that requires treaty making as the primary political and legal process for the taking of Indian lands and the incorporation of Indian nations into the multinational Canadian state. There are great political difficulties embodied in this process, including the continued impoverishment and marginalization of the First Nations, and the repeated failure of successive Canadian governments to carry out their responsibilities under these treaties, but the treaty process remains the required process. J.R. Miller, perhaps Canada's leading scholar of Aboriginal …


Workplace Religious Accommodation For Muslims And The Promise Of State Constitutionalism, Peter Longo, Joan M. Blauwkamp Apr 2011

Workplace Religious Accommodation For Muslims And The Promise Of State Constitutionalism, Peter Longo, Joan M. Blauwkamp

Great Plains Research: A Journal of Natural and Social Sciences

This article considers whether state constitutionalism provides greater possibilities for workplace religious accommodation than is currently available to religious minorities within federal law under Title VII of the Civil Rights Act of 1964. We approach this question via a case study of the controversy over religious accommodation for practicing Muslims employed by the JBS Swift and Company meatpacking plant in Grand Island, N E. The case study consists of analyses of the requirements for religious accommodation under federal law, examination of the reasons why religious accommodation under federal law was not achieved in the Grand Island case, and analysis of …


Review Of Canada's Indigenous Constitution. By John Borrows., Signa A. Daum Shanks Apr 2011

Review Of Canada's Indigenous Constitution. By John Borrows., Signa A. Daum Shanks

Great Plains Research: A Journal of Natural and Social Sciences

This text's major thesis, that "Canada cannot presently, historically, legally, or morally claim to be built upon European-derived law alone," has been mentioned before. Yet in those earlier musings by Borrows and others, such a statement has never been documented so well as it is here. Borrows contemplates that others, besides those sympathetic with Indigenous perspectives, might just admit such a thesis is the case. Moreover, they might also support the creation of social and economic policies that demonstrate such a belief. But observing it in Canada's current legal system-really? Keenly aware of skeptics, Borrows has thought as much about …


Fur Trade 10: Fur Trade Myths, Acknowledgements, Rachel B. Juen, Fort St. Joseph Archaeological Project Jan 2011

Fur Trade 10: Fur Trade Myths, Acknowledgements, Rachel B. Juen, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 10. Fur Trade Myths, Fiction vs. Fact.

Acknowledgements: Funding, Contributors, Image Credits, and Special Thanks.


Fur Trade 09: Fur Trade Society, Rachel B. Juen, Fort St. Joseph Archaeological Project Jan 2011

Fur Trade 09: Fur Trade Society, Rachel B. Juen, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 9. Interdependence, Mutual Influences, and Métis and Country Wives.


Fur Trade 01: Beaver: Mainstay Of The Trade, Rachel B. Juen, Fort St. Joseph Archaeological Project Jan 2011

Fur Trade 01: Beaver: Mainstay Of The Trade, Rachel B. Juen, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 1. Hunting, Hides, and Hats, Environmental Effects, and Why Beaver?


Fur Trade 08: New France And The Place Of The Fur Trade, Rachel B. Juen, Fort St. Joseph Archaeological Project Jan 2011

Fur Trade 08: New France And The Place Of The Fur Trade, Rachel B. Juen, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 8. What Was New France?, More than Profits at Stake, and Imperial Rivals.


Fur Trade 03: Trade Goods 1, Rachel B. Juen, Fort St. Joseph Archaeological Project Jan 2011

Fur Trade 03: Trade Goods 1, Rachel B. Juen, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 3. Material Culture of the Fur Trade and Cloth and Clothing.


Fur Trade 04: Trade Goods 2, Rachel B. Juen, Fort St. Joseph Archaeological Project Jan 2011

Fur Trade 04: Trade Goods 2, Rachel B. Juen, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 4. Firearms and Metal Goods.


American Legal Realism: Sound And Fury Signifying Nothing?, Wouter H. De Been Jan 2011

American Legal Realism: Sound And Fury Signifying Nothing?, Wouter H. De Been

Wouter H. de Been

No abstract provided.


Fur Trade 02: Birchbark Canoes, Rachel B. Juen, Fort St. Joseph Archaeological Project Jan 2011

Fur Trade 02: Birchbark Canoes, Rachel B. Juen, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 2. A Joint Effort, Canoes Got Bigger, Why Birchbark?, and a Valuable and Renewable Resource.


Fur Trade 07: Native Peoples And The Fur Trade, Rachel B. Juen, Fort St. Joseph Archaeological Project Jan 2011

Fur Trade 07: Native Peoples And The Fur Trade, Rachel B. Juen, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 7. Shifting Political Alliances and Power, Transformations of Culture, and Religion and Worldview.


Fur Trade 05: Getting Around In 17th And 18th Century New France, Rachel B. Juen, Fort St. Joseph Archaeological Project Jan 2011

Fur Trade 05: Getting Around In 17th And 18th Century New France, Rachel B. Juen, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 5. Routes and Transportation and Travels of a Voyageur.


Fur Trade 06: How The Fur Trade Worked, Rachel B. Juen, Fort St. Joseph Archaeological Project Jan 2011

Fur Trade 06: How The Fur Trade Worked, Rachel B. Juen, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 6. Government Regulation, From Montreal to the West, and Movement of Goods and Furs.


Engendering Injustice: Drug Laws, Drug Economies, And The Marginalization Of Women In New York State, Kate Mcgee Jan 2011

Engendering Injustice: Drug Laws, Drug Economies, And The Marginalization Of Women In New York State, Kate Mcgee

American Studies Senior Theses

On November 8, 1983, Elaine Bartlett left her apartment in Harlem, and headed to Grand Central Station. There, she met her boyfriend, Nate. They were headed to the Monte Mario Hotel in Albany. To any bystander, they may have looked like any other couple. But Elaine Bartlett knew different. That’s because she had a four-ounce bag of cocaine stuffed down the front of her pants. In 1983, Bartlett was a twenty-six year old woman with four children. A male friend, George Deets—although she knew him as Chris at the time—told her that if she delivered the drugs, she could earn …


Park Access And Distributional Inequities In Pinellas County, Florida, Kyle Ray Hirvela Jan 2011

Park Access And Distributional Inequities In Pinellas County, Florida, Kyle Ray Hirvela

USF Tampa Graduate Theses and Dissertations

Although environmental justice research has traditionally focused on environmental disamenities and health hazards, recent studies have begun to examine social inequities in the distribution of urban amenities such as street trees and parks that provide several direct and indirect health benefits to local residents. This thesis adds to this knowledge by evaluating distributional inequities in both distribution and access to parks in Pinellas County, the most densely populated and one of the most racially segregated counties in Florida. An important objective was to determine if neighborhoods with lower levels of park access are more likely to contain a significantly higher …


Urbanization And Land Surface Temperature In Pinellas County, Florida, Bruce Coffyn Mitchell Jan 2011

Urbanization And Land Surface Temperature In Pinellas County, Florida, Bruce Coffyn Mitchell

USF Tampa Graduate Theses and Dissertations

Since the early 1800's, many studies have recognized increased heat in urban areas, known as the urban heat island (UHI) effect, as one of the results of human modification to the natural landscape. UHI is related to differences in land surface temperature (LST) between rural areas and urban areas where factors of the built environment such as the thermodynamic capacities of materials, structural geometry, and heat generating activities cause increased storage and re-radiation of heat to the atmosphere. This thesis examines the correlation between factors of urbanization and differences in land surface temperature (LST) in the subtropical climate of Pinellas …


Truly Sovereign At Last: C.B.C. Distribution V. Mlb Am And The Redefinition Of The Concept Of Baseball, Mitchell J. Nathanson Dec 2010

Truly Sovereign At Last: C.B.C. Distribution V. Mlb Am And The Redefinition Of The Concept Of Baseball, Mitchell J. Nathanson

Mitchell J Nathanson

This article is the second in the author’s series examining the interplay between baseball and the law (the first being The Sovereign Nation of Baseball: Why Federal Law Does Not Apply To “America’s Game” And How It Got That Way, 16 Vill. Sports & Ent. L.J. 49 (2009)). The Sovereign Nation of Baseball provided the groundwork for this series by discussing how federal courts have historically deferred to those who have traditionally run Major League Baseball (the office of the Commissioner of Baseball as well as the cabal of club owners), bending the rules that would otherwise dictate the resolution …


Amos Lee's "Street Corner Preacher" Through Michel Foucault's Critique Of Scientific Knowledge: A Critique Of Legal Knowledge, Nick J. Sciullo Dec 2010

Amos Lee's "Street Corner Preacher" Through Michel Foucault's Critique Of Scientific Knowledge: A Critique Of Legal Knowledge, Nick J. Sciullo

Nick J. Sciullo

This article will demonstrate that although students of the law, legal scholars, and practitioners rely on a relatively narrow body of “legal scholarship,” there are in fact sundry diverse sources of legal thought that deserve to be evaluated along with currently accepted legal scholarship. It will present arguments in favor of appreciating music as a unique and important source of legal commentary through which we might understand how people relate to the law—what I have called “coming to the law.” It will demonstrate that music can be uniquely transgressive and presents a powerful alternative to what Michel Foucault called “scientific …


Transnational Law: An Essay In Definition With A Polemic Addendum, Allen P. Mendenhall Dec 2010

Transnational Law: An Essay In Definition With A Polemic Addendum, Allen P. Mendenhall

Allen Mendenhall

What is transnational law? Various procedures and theories have emanated from this slippery signifier, but in general academics and legal practitioners who use the term have settled on certain common meanings for it. My purpose in this article is not to disrupt but to clarify these meanings by turning to literary theory and criticism that regularly address transnationality. Cultural and postcolonial studies are the particular strains of literary theory and criticism to which I will attend. To review “transnational law,” examining its literary inertia and significations, is the objective of this article, which does not purport to settle the matter …