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Articles 1 - 13 of 13
Full-Text Articles in Law
Book Review, Anna Spain Bradley
Never Construed To Their Prejudice: In Honor Of David Getches, Richard B. Collins
Never Construed To Their Prejudice: In Honor Of David Getches, Richard B. Collins
Publications
This article reviews and analyzes the judicial canons of construction for Native American treaties and statutes. It discusses their theoretical justifications and practical applications. It concludes that the treaty canon has ready support in contract law and the law of treaty interpretation. Justification of the statutory canon is more challenging and could be strengthened by attention to the democratic deficit when Congress imposes laws on Indian country. Applications of the canons have mattered in disputes between Indian nations and private or state interests. They have made much less difference, and have suffered major failings, in disputes with the federal government. …
Indian Nations And The Federal Government: What Will Justice Require In The Future? Claims Against The Sovereign 20th Jusicial Conference Of The United States Court Of Federal Claims, Charles Wilkinson
Publications
No abstract provided.
Judging Treaties, Lakshman Guruswamy
Sending The Self-Execution Doctrine To The Executioner, Aya Gruber
Sending The Self-Execution Doctrine To The Executioner, Aya Gruber
Publications
No abstract provided.
The Salmon People, Judge Boldt, And The Rule Of Law, Charles F. Wilkinson
The Salmon People, Judge Boldt, And The Rule Of Law, Charles F. Wilkinson
Publications
No abstract provided.
Energy, Environment & Sustainable Development, Lakshman D. Guruswamy
Energy, Environment & Sustainable Development, Lakshman D. Guruswamy
Publications
No abstract provided.
Nineteenth-Century Orthodoxy, Richard B. Collins
Conquering The Cultural Frontier: The New Subjectivism Of The Supreme Court In Indian Law, David H. Getches
Conquering The Cultural Frontier: The New Subjectivism Of The Supreme Court In Indian Law, David H. Getches
Publications
For a century and a half, the Supreme Court was faithful to a set of foundation principles respecting Indian tribal sovereignty. Though the United States can abrogate tribal powers and rights, it can only do so by legislation. Accordingly, the Court has protected reservations as enclaves for Indian self-government, preventing states from enforcing their laws and taxes, and holding that even federal laws could not be applied to Indians without congressional permission. Recently, however, the Court has assumed the job it formerly conceded to Congress, considering and weighing cases to reach results comporting with the Justices' subjective notions of what …
A True Comprehensive Approach, Lakshman Guruswamy
Global Warming: A Comprehensive Approach, Lakshman Guruswamy
Global Warming: A Comprehensive Approach, Lakshman Guruswamy
Publications
No abstract provided.
Indian Consent To American Government, Richard B. Collins
Indian Consent To American Government, Richard B. Collins
Publications
No abstract provided.
Application Of International Human Rights Law In State And Federal Courts, Stephen A. Rosenbaum, Kathryn Burke, Sandra Coliver, Connie De La Vega
Application Of International Human Rights Law In State And Federal Courts, Stephen A. Rosenbaum, Kathryn Burke, Sandra Coliver, Connie De La Vega
Publications
This article provides a substantive discussion of international human rights law and how it can be used in federal and state courts to protect human rights within and outside the United States. It provides a comprehensive analysis of cases and examples of possible areas in which international human rights standards may be used to interpret United States laws. Specifically, the article seeks to promote more extensive use of international human rights laws by United States lawyers.
State and federal courts have traditionally used international law for the application and enforcement of treaties to which the United States has been a …