Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 5 of 5

Full-Text Articles in Law

Barriers In The Land Of The Free, Gary L. Mcdowell Feb 2006

Barriers In The Land Of The Free, Gary L. Mcdowell

Jepson School of Leadership Studies articles, book chapters and other publications

The best way to get judges to write books is apparently to lure them to the lecterns of prominent lecture series, then turn their remarks into something more permanent. Perhaps the most successful of these schemes was Judge Benjamin Cardozo's 1921 Storrs lectures at the Yale Law School that appeared in the same year as The Nature of the Judicial Process . While a judge on the New York Court of Appeals, before he was elevated to the US Supreme Court in 1932, Cardozo saw two further series of lectures appear in print as The Growth of the Law (1924 ...


The Common Law Of England In Virgina From 1776 To 1830, J. Thomas Wren Jan 2006

The Common Law Of England In Virgina From 1776 To 1830, J. Thomas Wren

Jepson School of Leadership Studies articles, book chapters and other publications

The Virginia Court of Appeals embraced, on the whole, the English legal heritage, despite the violent separation from Great Britain in 1776. This loyalty to English precedents was an illustration of the conservative tenor of the Revolution in Virginia. The English common law continued to be revered because it was perceived to be a bulwark of English, and hence American, liberty. Adherence to English precedent also maintained stable rules of law, which in turn protected existing property rights. At the same time, however, the Court of Appeals was not slavishly devoted to the common law, and the court's departures ...


The "Actual State Of Things": Teaching About Law In Political And Historical Context, David E. Wilkins Jan 2006

The "Actual State Of Things": Teaching About Law In Political And Historical Context, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

Vine Deloria, Jr., the most prolific Native writer and one of the most gifted intellectuals in American history, left a deep imprint in many of the fields he so artfully plowed, including: education, religion, politics, cultural critic, history, and indigenous knowledge. His scholarship on specific subjects came in waves, with each wave building upon the previous one before reaching its remarkable crest.

Deloria's scholastic and pragmatic legacy in federal Indian law and policy and indigenous governance is one that has produced several major books and numerous articles, which, in the pantheon of Deloria's prodigious body of works, rank ...


Forging A Political, Educational, And Cultural Agenda For Indian Country: Common Sense Recommendations Gleaned From Deloria's Prose, David E. Wilkins Jan 2006

Forging A Political, Educational, And Cultural Agenda For Indian Country: Common Sense Recommendations Gleaned From Deloria's Prose, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

Fortunately for the human species, in its wide assortment of pigmentations, cultural experiences, and geographic locations, each generation of a given people produces a small number of truly spirited individuals. These are individuals who not only possess the ability to constructively critique and analyze what is both sound and problematic in their society—or for our purposes, a set of societies—but who also have the rarer gift of being able to propound suggestions, ideas, and prognostications on what might be done to improve the human condition, both individually and collectively.

In the breadth and depth of Vine Deloria Jr ...


Vine Deloria Jr. And Indigenous Americans, David E. Wilkins Jan 2006

Vine Deloria Jr. And Indigenous Americans, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

Vine Deloria Jr., a Standing Rock Sioux citizen, widely considered the leading indigenous intellectual of the past century, walked on in November 2005. Deloria spent most of his adult life in an unrelenting, prodigious, and largely successful effort to provide those most grounded of Native individuals and their governments with the intellectual, theoretical, philosophical, and substantive arguments necessary to support their inherent personal and national sovereignty. Importantly, however, his voluminous work also sought to improve the nation-to-nation and intergovernmental relationships of and between First Nations, and between First Nations and non-Native governments at all levels. In fact, he was hailed ...