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Full-Text Articles in Law

“Tribal Rights Are Important Rights”: The Origins, Travails, And Impact Of The Nanticoke Lenni-Lenape Tribe V. The State Of New Jersey, Brianna Marie Dagostino Jun 2023

“Tribal Rights Are Important Rights”: The Origins, Travails, And Impact Of The Nanticoke Lenni-Lenape Tribe V. The State Of New Jersey, Brianna Marie Dagostino

Theses and Dissertations

The purpose of this thesis was to study the lawsuit case of the of Nanticoke Lenni-Lenape Tribal Nation V. John J. Hoffman and to showcase how modern-day racism ultimately led to their federal lawsuit in 2015. Racism and racist biases over Indian gaming has affected not just the Nanticoke Lenni-Lenape tribe, but tribes all over the country and has severely hindered tribes in the state and federal acknowledgment process. There are also other tribes that have had lawsuits over racial biases of Indian gaming, which will be discussed within the thesis. By using oral histories from tribal members and allies …


Proportionality V. Categorization: The Issue Of Judicial Balancing Of Rights, Akram Mohamed Jun 2023

Proportionality V. Categorization: The Issue Of Judicial Balancing Of Rights, Akram Mohamed

Theses and Dissertations

The fact that there is a constant conflict between individual rights and state or social interests has historically provoked the question of how to balance or harmonize such conflicting interests? On what basis shall the legislator or the judge decide in favor of this or that right in his legislation or judgement? Where shall we, for example, draw the line between the right to freedom of expression and the right to protect one’s honor and reputation? How could the legislator find the compromise between the state duty to protect fetus life and its obligation not to interfere with woman’s right …


Children And The Cold War: Race & Hypocrisy Amid Fear Of Nuclear War, Richard D. Mctaggart Jr. Jan 2023

Children And The Cold War: Race & Hypocrisy Amid Fear Of Nuclear War, Richard D. Mctaggart Jr.

Theses and Dissertations

During the Cold War, American propaganda centered the wellbeing of the child in its messaging warning of atomic attack at the hands of the Soviet Union. However, despite American claims that all children were valued by the United States, this was proven untrue by its unequal treatment of Black children.