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Articles 1 - 21 of 21

Full-Text Articles in Law

Book Review Of The Second American Revolution, Neal Devins Apr 1985

Book Review Of The Second American Revolution, Neal Devins

Faculty Publications

No abstract provided.


The Future Course Of The Winters Doctrine, Richard B. Collins Jan 1985

The Future Course Of The Winters Doctrine, Richard B. Collins

Publications

No abstract provided.


1983-84 Current Developments In Civil Liberties, Ivan E. Bodensteiner, Rosalie Levinson Jan 1985

1983-84 Current Developments In Civil Liberties, Ivan E. Bodensteiner, Rosalie Levinson

Law Faculty Publications

No abstract provided.


In Re Parochiaid: Church-State Wall Of Separation Scrutinized-Again, Neal Devins Jan 1985

In Re Parochiaid: Church-State Wall Of Separation Scrutinized-Again, Neal Devins

Faculty Publications

No abstract provided.


Indian Allotment Water Rights, Richard B. Collins Jan 1985

Indian Allotment Water Rights, Richard B. Collins

Publications

Allotted tribal lands create troublesome questions for western water lawyers. In this article the author reviews the history of basic Indian reservation water rights created by the Supreme Court's landmark decision in Winters v. United States. He then explains the disposition of those rights when reservation lands are allotted. Finally, he discusses the difficult issues that arise when allotted lands pass from the federal trust become subject to state law, and are transferred to non-Indians.


Residency Requirements For Attorneys: Home Is Where The License Is?, Neal Devins Jan 1985

Residency Requirements For Attorneys: Home Is Where The License Is?, Neal Devins

Faculty Publications

No abstract provided.


Christmas Without Creches?: Can Private Nativity Scenes Be Banned From Public Land?, Neal Devins Jan 1985

Christmas Without Creches?: Can Private Nativity Scenes Be Banned From Public Land?, Neal Devins

Faculty Publications

No abstract provided.


Accommodating Employees' Sabbaths: Is It The Government's Job?, Neal Devins Jan 1985

Accommodating Employees' Sabbaths: Is It The Government's Job?, Neal Devins

Faculty Publications

No abstract provided.


The Supreme Court And The Constitution: The Continuing Debate On Judicial Review, Donald P. Kommers Jan 1985

The Supreme Court And The Constitution: The Continuing Debate On Judicial Review, Donald P. Kommers

Journal Articles

The three books reviewed in this essay are recent contributions to the growing literature of constitutional theory (Michael J. Perry, The Constitution, the Courts, and Human Rights (New Ha- ven: Yale University Press, 1982); Sotirios A. Barber, On What the Constitution Means (Baltimore and London: The Johns Hopkins University Press, 1984); and John Agresto, The Supreme Court and Constitutional Democracy (Ithaca: Cornell University Press, 1984). They explore important questions about the role of the Supreme Court and the meaning of the Constitution.


The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus Jan 1985

The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus

Faculty Publications

No abstract provided.


The Future Of Transferable Development Rights In The Supreme Court, Linda A. Malone Jan 1985

The Future Of Transferable Development Rights In The Supreme Court, Linda A. Malone

Faculty Publications

No abstract provided.


The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun Jan 1985

The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun

Publications

No abstract provided.


Can A Tribal Court Be Enjoined From Exercising Jurisdiction Over Nonmembers Of The Tribe?, Richard B. Collins Jan 1985

Can A Tribal Court Be Enjoined From Exercising Jurisdiction Over Nonmembers Of The Tribe?, Richard B. Collins

Publications

No abstract provided.


Are The Pueblo Indians Too "Civilized" For Federal Indian Law?, Richard B. Collins Jan 1985

Are The Pueblo Indians Too "Civilized" For Federal Indian Law?, Richard B. Collins

Publications

No abstract provided.


The Privilege Against Self-Incrimination In A Rescue Situation, William T. Pizzi Jan 1985

The Privilege Against Self-Incrimination In A Rescue Situation, William T. Pizzi

Publications

No abstract provided.


The Quest To Enforce The Old Promises: Indian Law In The Modern Era, Charles Wilkinson Jan 1985

The Quest To Enforce The Old Promises: Indian Law In The Modern Era, Charles Wilkinson

Publications

No abstract provided.


Can An Indian Tribe Recover Land Illegally Taken In The Seventeenth Century?, Richard B. Collins Jan 1985

Can An Indian Tribe Recover Land Illegally Taken In The Seventeenth Century?, Richard B. Collins

Publications

No abstract provided.


The Formulaic Constitution, Robert F. Nagel Jan 1985

The Formulaic Constitution, Robert F. Nagel

Publications

The Supreme Court's constitutional jurisprudence of late has been filled with formulae - tests that must be met, hurdles that must be overcome. This multi-pronged analytical technique is, according to Professor Nagel, distancing the Justices from both their audience, the American public, and their text, the Constitution. In an effort to retain the authority of that text, the Court is instead displacing it; in an effort to persuade that audience, the Court is instead excluding it. Furthermore, the Court's attempt to constrain judges has actually created an irresponsible judicial freedom, while its attempt to locate a middle ground between the …


Rules And Standards, Pierre Schlag Jan 1985

Rules And Standards, Pierre Schlag

Publications

No abstract provided.


Three Generations, No Imbeciles: New Light On Buck V. Bell, Paul A. Lombardo Jan 1985

Three Generations, No Imbeciles: New Light On Buck V. Bell, Paul A. Lombardo

Faculty Publications By Year

No abstract provided.


The Supreme Court's Misconstruction Of A Procedural Statute-A Critique Of The Court's Decision In Badaracco, Douglas A. Kahn Jan 1985

The Supreme Court's Misconstruction Of A Procedural Statute-A Critique Of The Court's Decision In Badaracco, Douglas A. Kahn

Articles

When a taxpayer files an honest' federal income tax return for a taxable year, section 6501(a) of the Internal Revenue Code2 limits the period of time during which the Government can assess a tax for that year to a three-year period commencing with the date that the return was filed. The three-year limitations period is extended for an additional three years by section 6501(e)(1)(A) if the taxpayer's return omits properly includible gross income in an amount in excess of twenty-five percent of the gross income that was reported. If a taxpayer fails to file a return for a taxable year …