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Full-Text Articles in Law

Civil Liberties Constraints On Tribal Sovereignty After The Indian Civil Rights Act Of 1968, Robert Berry Jan 1993

Civil Liberties Constraints On Tribal Sovereignty After The Indian Civil Rights Act Of 1968, Robert Berry

Librarian Publications

The Indian Civil Rights Act of 1968 provided a legislative answer to the question of whether, and to what extent, fundamental civil liberties recognized in constitutional law should constrain federally recognized Indian Tribes in the exercise of their sovereign powers. In enacting this law, Congress weighed its desire to protect individuals from arbitrary and overly intrusive tribal actions against the tribes' interest in retaining their legal capacity to act as self-governing entities. Congress struck the balance between these two competing interests by drafting a bill of rights that reflected the particular circumstances of the tribes. The possibility of an appeal …


When Civil Rights Go Wrong: Agenda And Process In Civil Rights Reform, Charles F. Abernathy Jan 1993

When Civil Rights Go Wrong: Agenda And Process In Civil Rights Reform, Charles F. Abernathy

Georgetown Law Faculty Publications and Other Works

The aging of the persons leading the civil rights movement is only a metaphor for a more serious aging process that afflicts the movement. It is a sclerotic condition that has kept an old agenda and once-prodding - but now increasingly intolerant - ideas in place, a fixed way of thinking that has become more strident and resistant to change as it has become more complacent with itself. Once the opponent of conformity, some parts of the civil rights community now preach conformity within their communities. I see these not as indices of the venality of the civil rights movement, …


Racism And Patriarchy In The Meaning Of Motherhood, Dorothy E. Roberts Jan 1993

Racism And Patriarchy In The Meaning Of Motherhood, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.


The Incompleat Burkean: Bruce Ackerman's Foundation For Constitutional History, Eben Moglen Jan 1993

The Incompleat Burkean: Bruce Ackerman's Foundation For Constitutional History, Eben Moglen

Faculty Scholarship

With this book, the first in a projected series of at least three volumes, Bruce Ackerman confirms what attentive readers of his law review articles of the past ten years have already known-he is the most original and important writer on constitutional theory in the contemporary English-speaking world. We the People: Foundations, despite its informal, sometimes overly talky style, is not an easy book. Filled to the brim, even to overflowing, and containing many gestures in the direction of arguments to be made in future volumes rather than the substance of the arguments themselves, it presents both the casual reader …