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Full-Text Articles in Law and Politics

Bruce Lien Co. V. Three Affiliated Tribes, District Court Of North Dakota, Andrew W. Bogue Aug 1996

Bruce Lien Co. V. Three Affiliated Tribes, District Court Of North Dakota, Andrew W. Bogue

US Government Documents related to Indigenous Nations

This court case, decided on August 28, 1996, presented the problem of tribal council authority to enter the tribe into binding contracts. The disputing parties in this case entered a contract for co-operation of casino activities at Four Bears Motor Lodge while Wilbur Wilkinson was part of the Tribal Council. When the council changed leadership, the validity of the contract between Bruce Lien Co. and the Three Affiliated Tribes was challenged by the new leadership who alleged that Wilkinson did not have the authority to bind the Three Affiliated Tribes to the contract. Bruce Lien Co. felt they were entitled …


Federalism And The Protection Of Rights: The Modern Ninth Amendment's Spreading Confusion, Thomas B. Mcaffee May 1996

Federalism And The Protection Of Rights: The Modern Ninth Amendment's Spreading Confusion, Thomas B. Mcaffee

BYU Law Review

No abstract provided.


Federalism, Separation Of Powers, And The Legacy Of Garcia, Rex E. Lee May 1996

Federalism, Separation Of Powers, And The Legacy Of Garcia, Rex E. Lee

BYU Law Review

No abstract provided.


Defining Political Corruption: The Supreme Court's Role, Paul S. Edwards Mar 1996

Defining Political Corruption: The Supreme Court's Role, Paul S. Edwards

Brigham Young University Journal of Public Law

No abstract provided.


Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson Jan 1996

Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Transboundary environmental problems do not distinguish between political boundaries. Global warming is expected to cause thermal expansion of water and melt glaciers. Both are predicted to lead to a rise in sea level. We must enlarge our paradigms to encompass a global reality and reliance upon global participation.


Rationality And The Foundations Of Positive Political Theory, Mathew D. Mccubbins, Michael F. Thies Jan 1996

Rationality And The Foundations Of Positive Political Theory, Mathew D. Mccubbins, Michael F. Thies

Faculty Scholarship

In this paper, we discuss and debunk the four most common critiques of the rational choice research program (which we prefer to call Positive Political Theory) by explaining and advocating its foundations: the rationality assumption, component analysis (abstraction), strategic behavior, and theory building, in turn. We argue that the rationality assumption and component analysis, properly understood, can be seen to underlie all social science, despite the protestations of critics. We then discuss the two ways that PPT most clearly contributes to political science (i.e., what distinguishes it from other research programs), namely the introduction of strategic behavior (people do not …


The Emptiness Of Majority Rule, Luis Fuentes-Rohwer Jan 1996

The Emptiness Of Majority Rule, Luis Fuentes-Rohwer

Articles by Maurer Faculty

No abstract provided.


Religious Liberty And Democratic Politics, Kent Greenawalt Jan 1996

Religious Liberty And Democratic Politics, Kent Greenawalt

Faculty Scholarship

Some time ago, President Clinton talked to a gathering of religious journalists about abortion. He said that he did not believe that the biblical passages often cited by those who are "pro-life" indicate· clearly that abortion is wrong and should be prohibited. The reasons many people have for wanting abortion to be prohibited, or for allowing abortion, relate to their religious convictions. These people, for the most part, regard it as perfectly appropriate that religious perspectives help determine public policy on abortion in the United States. Others object. They say that the religious views of some people should not be …


Democratizing The Constitution: The Failure Of The Seventeenth Amendment, Christopher H. Hoebeke Dec 1995

Democratizing The Constitution: The Failure Of The Seventeenth Amendment, Christopher H. Hoebeke

Christopher H Hoebeke

No abstract provided.