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Articles 1 - 8 of 8
Full-Text Articles in Jurisdiction
Towards Tribal Sovereignty And Judicial Efficiency: Ordering The Defenses Of Tribal Sovereign Immunity And Exhaustion Of Tribal Remedies, Kirsten Matoy Carlson
Towards Tribal Sovereignty And Judicial Efficiency: Ordering The Defenses Of Tribal Sovereign Immunity And Exhaustion Of Tribal Remedies, Kirsten Matoy Carlson
Michigan Law Review
In 1985, the Narragansett Indian Tribe ("Tribe") created the Narragansett Indian Wetuornuck Housing Authority ("Authority"). The Authority, which acts on the Tribe's behalf in its housing development and operations, entered into a contract with the Ninigret Development Corporation for the construction of a low-income housing development. After construction began, disputes developed over how to proceed with the construction. When conciliation efforts failed, the Authority cancelled the contract. The Narragansett Tribal Council, the governing body of the Tribe, followed the forum selection clause in the contract and notified the disputants that it would hold a hearing to resolve the dispute. Ninigret …
Suspecting The States: Supreme Court Review Of State-Court State-Law Judgments, Laura S. Fitzgerald
Suspecting The States: Supreme Court Review Of State-Court State-Law Judgments, Laura S. Fitzgerald
Michigan Law Review
At the Supreme Court these days, it is unfashionable to second-guess states' fealty to federal law without real proof that they are ignoring it. As the Court declared in Alden v. Maine: "We are unwilling to assume the States will refuse to honor the Constitution or obey the binding laws of the United States. The good faith of the States thus provides an important assurance that 'this Constitution, and the Laws of the United States which shall be made in Pursuance thereof ... shall be the supreme Law of the Land.'" Accordingly, without proof that a state has "systematic[ally]" …
Insubstantial Questions And Federal Jurisdiction: A Footnote To The Term-Limits Debate, Jonathan L. Entin
Insubstantial Questions And Federal Jurisdiction: A Footnote To The Term-Limits Debate, Jonathan L. Entin
Nevada Law Journal
No abstract provided.
The Devil In Us. V. Jones: Church Burnings, Federalism, And A New Look At The Hobbs Act, Thomas Heyward Carter, Iii
The Devil In Us. V. Jones: Church Burnings, Federalism, And A New Look At The Hobbs Act, Thomas Heyward Carter, Iii
Washington and Lee Law Review
No abstract provided.
Teoría General De La Prueba Judicial, Edward Ivan Cueva
Teoría General De La Prueba Judicial, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Foreign Relations And Federal Questions: Resolving The Judicial Split On Federal Court Jurisdiction, Erin E. Terrell
Foreign Relations And Federal Questions: Resolving The Judicial Split On Federal Court Jurisdiction, Erin E. Terrell
Vanderbilt Journal of Transnational Law
The federal circuit courts have disagreed concerning a fundamental issue of federal court jurisdiction: whether cases that may implicate or involve the "foreign relations" of the United States, but do not otherwise raise a more traditional "federal question" under federal law, may be removed from state courts to federal courts. This Note examines the cases that have created the split, and proposes two potential resolutions to it, one judicial and the other legislative.
Gun Control: State Versus Federal Regulation Of Firearms, William S. Harwood
Gun Control: State Versus Federal Regulation Of Firearms, William S. Harwood
Maine Policy Review
William Harwood addresses the complex question of whether gun control should be regulated by the federal or state government, or by some combination of both. In a thorough look at the history of federal and Maine state gun control—and at the various ways the issue of gun violence can be framed—Harwood concludes that neither level of government has a clear mandate to regulate exclusively. Rather, he argues for a more cooperative federal-state approach that allows the federal government to apply uniform regulations when appropriate and the states to experiment with further regulations if so desired.
Realspace Sovereigns In Cyberspace: Problems With The Anticybersquatting Consumer Protection Act, Catherine T. Struve, R. Polk Wagner
Realspace Sovereigns In Cyberspace: Problems With The Anticybersquatting Consumer Protection Act, Catherine T. Struve, R. Polk Wagner
All Faculty Scholarship
No abstract provided.