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Articles 1 - 5 of 5
Full-Text Articles in Law
“Ua Koe Ke Kuleana O Na Kanaka” (Reserving The Rights Of Native Tenants): Integrating Kuleana Rights And Land Trust Priorities In Hawai`I, Jocelyn B. Garovoy
“Ua Koe Ke Kuleana O Na Kanaka” (Reserving The Rights Of Native Tenants): Integrating Kuleana Rights And Land Trust Priorities In Hawai`I, Jocelyn B. Garovoy
ExpressO
No abstract provided.
Brown And Tee-Hit-Ton, Earl Maltz
Citizens Of An Enemy Land: Enemy Combatants, Aliens, And The Constitutional Rights Of The Pseudo-Citizen, Juliet P. Stumpf
Citizens Of An Enemy Land: Enemy Combatants, Aliens, And The Constitutional Rights Of The Pseudo-Citizen, Juliet P. Stumpf
ExpressO
No abstract provided.
Beyond Reparations: An American Indian Theory Of Justice, William C. Bradford
Beyond Reparations: An American Indian Theory Of Justice, William C. Bradford
ExpressO
The number of states, corporations, and religious groups formally disowning past records of egregious human injustice is mushrooming. Although the Age of Apology is a global phenomenon, the question of reparations—a tort-based mode of redress whereby a wrongdoing group accepts legal responsibility and compensates victims for the damage it inflicted upon them—likely consumes more energy, emotion, and resources in the U.S. than in any other jurisdiction. Since the final year of the Cold War, the U.S. and its political subdivisions have apologized or paid compensation to Japanese-American internees, native Hawaiians, civilians killed in the Korean War, and African American victims …
Justice And The Outsider: Jurisdiction Over Non-Members In Tribal Legal Systems, Bethany R. Berger
Justice And The Outsider: Jurisdiction Over Non-Members In Tribal Legal Systems, Bethany R. Berger
ExpressO
In this Article, I examine and test the assumptions of the United States Supreme Court regarding justice and those considered outsiders to Indian tribes. Over the last quarter century, the Court has progressively limited tribal jurisdiction over both non-Indians and Indians that are not members of the tribe. I examine these decisions to show that they owe less to established doctrine than to two assumptions about jurisdiction over nonmembers. The first is that outsiders will be at a disadvantage and subjected to bias by tribal courts. The second is that jurisdiction over outsiders has little to do with tribal self-government, …