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Full-Text Articles in Law

The Devil, The Details, And The Dawn Of The 21st Century Administrative State: Beyond The New Deal, Sandra B. Zellmer Oct 2000

The Devil, The Details, And The Dawn Of The 21st Century Administrative State: Beyond The New Deal, Sandra B. Zellmer

Faculty Law Review Articles

No abstract provided.


Tribes As Rich Nations, Raymond Cross Jan 2000

Tribes As Rich Nations, Raymond Cross

Faculty Law Review Articles

This article critiques the contemporary doctrine of Indian tribal self-determination thirty years after its inception in President Richard M. Nixon's famed 1970 Indian Message to Congress.

The first part focuses on the three most prominent strategies for tribal self-determination: 1) tribal strategy that seeks to "morph" their inherent and reserved sovereign powers into tribal regulatory powers that are effective throughout Indian Country; 2) tribal strategy that seeks to develop and assert economic sovereignty over their lands, resources, and commercial relationships as a means of revitalizing Indian Country; and 3) tribal strategy that seeks to reassert traditional cultural and religious beliefs …


The Virtues Of Command And Control Regulation: Barring Exotic Species From Aquatic Ecosystems, Sandra B. Zellmer Jan 2000

The Virtues Of Command And Control Regulation: Barring Exotic Species From Aquatic Ecosystems, Sandra B. Zellmer

Faculty Law Review Articles

The Clean Water Act asserts the ambitious goal of eliminating water pollution and protecting the chemical, physical, and biological integrity of U.S. waters. Yet the EPA, in enforcing the Act, currently exempts from regulation a significant source of pollution in U.S. waters: ballast-water discharges from commercial shipping vessels. Ballast water from commercial vessels is a primary vector for the introduction of exotic plant and animal species into U.S. waters. The invasion of these species poses an increasing threat to native biodiversity; the invaders prey directly on native fish and wildlife, compete for food and habitat, and introduce disease and parasites …


Enjoy The Donut: A Regulatory Response To The White Paper On Preserventing Invasion Of The Great Lakes By Exotic Species, Sandra B. Zellmer Jan 2000

Enjoy The Donut: A Regulatory Response To The White Paper On Preserventing Invasion Of The Great Lakes By Exotic Species, Sandra B. Zellmer

Faculty Law Review Articles

No abstract provided.


Baldridge V. Board Of Trustees: A Case For Reform Of Montana's Tenured Teacher Dismissal Process, Michelle Bryan Jan 2000

Baldridge V. Board Of Trustees: A Case For Reform Of Montana's Tenured Teacher Dismissal Process, Michelle Bryan

Faculty Law Review Articles

This article discusses the need for articulated guidelines in Montana’s tenured teacher dismissal process. Part II chronicles the history of Baldridge II. Part III places Baldridge II in context by tracing the legal evolution of tenured teacher dismissals in Montana. Part IV critiques the Montana Supreme Court’s reasoning in Baldridge II. Finally, Part V offers suggestions for mitigating the inadequacies of Montana's tenured teacher dismissal process.


Conserving Ecosystems Through The Secretarial Order On Tribal Rights, Sandra B. Zellmer Jan 2000

Conserving Ecosystems Through The Secretarial Order On Tribal Rights, Sandra B. Zellmer

Faculty Law Review Articles

No abstract provided.