Law Commons^™

Fathers And Feminism: The Case Against Genetic Entitlement, Jennifer S. Hendricks

Publications

This Article makes the case against a nascent consensus among feminist and other progressive scholars about men's parental rights. Most progressive proposals to reform parentage law focus on making it easier for men to assert parental rights, especially when they are not married to the mother of the child. These proposals may seek, for example, to require the state to make more extensive efforts to locate biological fathers, to require pregnant women to notify men of their impending paternity, or to require new mothers to give biological fathers access to infants.

These proposals disregard the mother's existing parental rights and …

They Were Here First: American Indian Tribes, Race, And The Constitutional Minimum, Sarah Krakoff

Publications

In American law, Native nations (denominated in the Constitution and elsewhere as “tribes”) are sovereigns with a direct relationship with the federal government. Tribes’ governmental status situates them differently from other minority groups for many legal purposes, including equal protection analysis. Under current equal protection doctrine, classifications that further the federal government’s unique relationship with tribes and their members are subject to rationality review. Yet this deferential approach has recently been subject to criticism and is currently being challenged in the courts. Swept up in the larger drift toward colorblind or race-neutral understandings of the Constitution, advocates and commentators are …

Adoption Law In The United States: A Pathfinder, Glen-Peter Ahlers Sr.

Faculty Scholarship

No abstract provided.

Inextricably Political: Race, Membership, And Tribal Sovereignty, Sarah Krakoff

Publications

Courts address equal protection questions about the distinct legal treatment of American Indian tribes in the following dichotomous way: are classifications concerning American Indians "racial or political?" If the classification is political (i.e., based on federally recognized tribal status or membership in a federally recognized tribe) then courts will not subject it to heightened scrutiny. If the classification is racial rather than political, then courts may apply heightened scrutiny. This Article challenges the dichotomy itself. The legal categories "tribe" and "tribal member" are themselves political, and reflect the ways in which tribes and tribal members have been racialized by U.S. …

Limiting Principles And Empowering Practices In American Indian Religious Freedoms, Kristen A. Carpenter

Publications

Employment Division v. Smith was a watershed moment in First Amendment law, with the Supreme Court holding that neutral statutes of general applicability could not burden the free exercise of religion. Congress's subsequent attempts, including the passage of Religious Freedom Restoration Act and Religious Land Use and Institutionalized Persons Act, to revive legal protections for religious practice through the legislative and administrative process have received tremendous attention from legal scholars. Lost in this conversation, however, have been the American Indians at the center of the Smith case. Indeed, for them, the decision criminalizing the possession of their peyote sacrament was …

Agenda: The Future Of Natural Resources Law And Policy, University Of Colorado Boulder. Natural Resources Law Center, Rocky Mountain Mineral Law Foundation

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

The Natural Resources Law Center's 25th Anniversary Conference and Natural Resources Law Teachers 14th Biennial Institute provided an opportunity for some of the best natural resources lawyers to discuss future trends in the field. The conference focused on the larger, cross-cutting issues affecting natural resources policy. Initial discussions concerned the declining role of scientific resource management due to the increased inclusion of economic-cost benefit analysis and public participation in the decision-making process. The effectiveness of this approach was questioned particularly in the case of non-market goods such as the polar bear. Other participants promoted the importance of public participation and …

Law Casebook Description And Table Of Contents: Constitutional Environmental And Natural Resources Law [Outline], Jim May, Robin Craig

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

6 pages.

"James May, Widener University School of Law" -- Agenda

A Constitutional Confession: The Permanent If Malleable Status Of Indigenous Nations, David E. Wilkins

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

I appreciate the opportunity to address such an august group of students and faculty. When Amy invited me to join you, and she certainly is a very persuasive person, I debated long and hard on what kind of talk to give since I study politics comparatively. Although much of my work is infused with law and history, and a smidgen of culture, economics, and geography, I work largely at the intersection of politics, history and law, and have coined the awkward though accurate term, "Polegalorian," to describe what I do. My research is concerned broadly with how indigenous peoples generate, …

The Reinvigoration Of The Doctrine Of Implied Repeals: A Requiem For Indigenous Treaty Rights, David E. Wilkins

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

America's indigenous nations occupy a distinctive political within the United States as separate sovereigns whose rights in the doctrine of inherent tribal sovereignty, affirmed in hundreds of ratified treaties and agreements, acknowledged in the Commerce the U.S. Constitution, and recognized in ample federal legislation case law. Ironically, while indigenous sovereignty is neither ally defined or delimited, it may be restricted or enhanced by One could argue, then, that indeterminacy or inconsistency of the tribal-federal political/legal relationship.

Brief Of Lone Wolf, Principal Chief Of The Kiowas, To The Supreme Court Of The American Indian Nations, S. James Anaya

Publications

No abstract provided.

The Demise And Rise Of The Classical Paradigm In Canadian Federalism: Promoting Autonomy For The Provinces And The First Nations, Bruce Ryder

Articles & Book Chapters

The author explores the possibility of employing Canadian consitutional doctrine to develop a more flexible approach that would allow for greater provincial autonomy and First Nation self-government within the existing scheme of ss 91 and 92 jurisprudence. Canadian constitutional doctrine is first interpreted through the competing models of the classical and modem paradigms. The former emphasizes a sharp division of powers and has traditionally been used, the author argues, to invalidate legislation seen to interfere with the market economy. The modem paradigm, on the other hand, recognizes competing jurisdictions and has been used to uphold legislation focusing on morals. The …

Indian Consent To American Government, Richard B. Collins

Publications

No abstract provided.

The Field Of Public Land Law: Some Connecting Threads And Future Directions, Charles F. Wilkinson

Publications

No abstract provided.

The Public Trust Doctrine In Public Land Law, Charles F. Wilkinson

Publications

No abstract provided.

White Mountain Apache Tribe V. Bracker, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Sioux Nation Of Indians, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

State Of Washington V. Confederated Bands And Tribes Of The Yakima Indian Nation, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. John, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.