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Articles 1 - 5 of 5
Full-Text Articles in Law
Two Wrongs Make A Right: Hybrid Claims Of Discrimination, Ming Hsu Chen
Two Wrongs Make A Right: Hybrid Claims Of Discrimination, Ming Hsu Chen
Publications
This Note reinterprets and recontextualizes the pronouncement in Employment Division v. Smith (Smith II) that exemptions from generally applicable laws will not be granted unless claims of free exercise are accompanied by the assertion of another constitutional right. It argues that when Arab American Muslims, and others who are of minority race and religion, bring claims for exemption from generally applicable laws on the basis of free exercise and equal protection principles, they ought to be able to invoke Smith II's hybridity exception, thus meriting heightened judicial scrutiny and increased solicitude from courts.
Diversity And The Practice Of Interest Assessment, Robert F. Nagel
Diversity And The Practice Of Interest Assessment, Robert F. Nagel
Publications
No abstract provided.
Mutiny, Shipboard Strikes, And The Supreme Court's Subversion Of New Deal Labor Law, Ahmed A. White
Mutiny, Shipboard Strikes, And The Supreme Court's Subversion Of New Deal Labor Law, Ahmed A. White
Publications
No abstract provided.
Preemption Of Common Law Claims And The Prospects For Fifra: Justice Stevens Puts The Genie Back In The Bottle, Jennifer S. Hendricks
Preemption Of Common Law Claims And The Prospects For Fifra: Justice Stevens Puts The Genie Back In The Bottle, Jennifer S. Hendricks
Publications
In the upcoming Term, the Supreme Court will consider a case raising the question whether the Federal Insecticide, Fungicide, and Rodenticide Act preempts state tort law, or only state positive law. FIFRA, under which the Environmental Protection Agency regulates pesticide labels, has an express preemption clause and clearly preempts state positive law on labeling. The question presented is whether and to what extent it also preempts state tort law, particularly claims for failure to warn. The Court's precedent on preemption of state tort law is erratic, but for some reason, the pro-preemption view has been much more popular with lower …
A Narrative Of Sovereignty: Illluminating The Paradox Of The Domestic Dependent Nation, Sarah Krakoff
A Narrative Of Sovereignty: Illluminating The Paradox Of The Domestic Dependent Nation, Sarah Krakoff
Publications
For the last thirty years the Supreme Court has been adjusting the boundaries of American Indian tribal sovereignty. Some cases affirm tribal inherent powers, but recently the trend has been to limit those powers. Yet neither the Court nor the Congress, which can reverse Supreme Court decisions on questions of tribal sovereignty, has been informed about how these alterations to tribal powers actually affect American Indian tribes on the ground. This article provides that information by examining the interplay between Supreme Court decisions and the Navajo Nation's exercise of its sovereign governmental powers from 1970-2003. In the categories of general …