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Full-Text Articles in Law and Race
An Anishinaabe Tradition: Anishinaabe Constitutions In Ontario, Leaelle N. Derynck
An Anishinaabe Tradition: Anishinaabe Constitutions In Ontario, Leaelle N. Derynck
Electronic Thesis and Dissertation Repository
Constitutionalism is an Anishinaabe legal tradition. This thesis explores modern Anishinaabe constitutions in Ontario, as they connect to traditional constitutionalism while meeting the unique governing needs of contemporary Anishinaabe First Nations communities. I address the scholarly and legal context in which these constitutional documents have been produced and shed an empirical light on these understudied legal instruments. Two questions shape this thesis: 1) what are the defining characteristics of Anishinaabe constitutions in Ontario; and, 2) what is their function within Anishinaabe communities? To answer these questions, I review both ratified and draft Anishinaabe constitutional documents of member communities of the …
Interpretation And Implementation Of Duren V. Missouri (1978) And Batson V. Kentucky (1986) In Five States, John Lawson
Interpretation And Implementation Of Duren V. Missouri (1978) And Batson V. Kentucky (1986) In Five States, John Lawson
Senior Theses and Projects
The U.S. Supreme Court decisions Duren v. Missouri (1979) and Batson v. Kentucky (1986) address under-representative venire drawing processes and discriminatory peremptory strikes during voir dire, respectively, to combat jury discrimination. In this thesis, I examine state level implementation of these two decisions in five states - Connecticut, Florida, Louisiana, Illinois, and Washington - to evaluate jury discrimination jurisprudence and recommend improvements at jurisprudential and policy levels. While state-level Duren and Batson jurisprudence remains woefully underdeveloped, recent developments such as Washington’s General Rule 37 and Connecticut’s Jury Selection Task Force could initiate a nationwide reform effort.