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Full-Text Articles in Law and Race
A Decade After 9/11, Ignorance Persists, Dawinder S. Sidhu
A Decade After 9/11, Ignorance Persists, Dawinder S. Sidhu
Faculty Scholarship
While our soldiers do their job in Iraq and elsewhere, we as members of this society possess our own solemn responsibility to eradicate ignorance and discrimination, and extend social acceptance and respect to all Americans – irrespective of skin color or ethnic origin.
Building On Best Practices–Call For Ideas And Authors, Antoinette M. Sedillo Lopez
Building On Best Practices–Call For Ideas And Authors, Antoinette M. Sedillo Lopez
Faculty Scholarship
The Clinical Legal Association Best Practices Implementation Committee is planning a follow-up publication to Best Practices for Legal Education by Roy Stuckey and others. The vision of the book is to build on ideas for implementing best practices, and to develop new theories and ideas on Best Practices for Legal Education.
Ogalala Sioux Tribal Profile, Karen Kimbro Chase
Ogalala Sioux Tribal Profile, Karen Kimbro Chase
Tribal Law Journal
This profile offers an excellent overview of Oglala Sioux law, both traditional and modern. Like many tribes, the Indian Reorganization Act had a major impact on the contemporary law of the Oglala Sioux. While the IRA resulted in tribal constitutions that reflected the values of the U.S. Constitution, this profile examines the traditional and customary law that was subsequently incorporated into the Oglala Sioux Constitution. This profile includes a brief history of the Oglala Sioux, overview of traditional law, governmental structure, summary of contemporary law, and history of political activism.
Ho-Chunk Nation Tribal Law Profile, Daniel B. Snyder
Ho-Chunk Nation Tribal Law Profile, Daniel B. Snyder
Tribal Law Journal
In this tribal profile provides an excellent point of reference for practitioners dealing with any legal matter within the Ho-Chunk Nation. Starting with an overview of the legal history of the tribe, including modern government and law, the author examines the traditional legal practices and responsibilities of the Ho-Chunk. Mr. Snyder then explores the modern judicial and legislative branches, and their work to preserve the tribe's traditional laws and customs.
A Crisis Of Confidence And Legal Theory: Why The Economic Downturn Should Help Signal The End Of The Doctrine Of Efficient Breach, Dawinder S. Sidhu
A Crisis Of Confidence And Legal Theory: Why The Economic Downturn Should Help Signal The End Of The Doctrine Of Efficient Breach, Dawinder S. Sidhu
Faculty Scholarship
To understand subprime behavior and efficient breaches, it is imperative to first examine the necessary social predicate for economic transactions. Accordingly, Part I will offer an overview of society and the market, highlighting the importance of reciprocity and trust to both. Part II will define the economic transactions implicated by this Article: basic contracting, efficient breach of contract, and the subprime behavior of the current economic crisis. Part III will make explicit the nexus between subprime behavior and efficient breaches by explaining that subprime behavior and efficient breaches are linked by shared elements; they are opportunistic in nature, are interested …
Response Essay: Temporal Variance, Hockey, And The Wartime Constitution, Dawinder S. Sidhu
Response Essay: Temporal Variance, Hockey, And The Wartime Constitution, Dawinder S. Sidhu
Faculty Scholarship
In "Let 'em Play: A Study in the Jurisprudence of Sport," Professor Mitch Berman explores the concept of "temporal variance," the notion that sports officials should call infractions less strictly in the last, critical moments of a close match, in order to foster the public impression that the players themselves are responsible for the final outcome of the game. Professor Berman relies on several major sports in support of his argument, though hockey is largely absent from his discussion. It seems to me that an analysis of rules and enforcement in this particular sport reveal the wide-ranging problematics of "temporal …
Shadowing The Flag: Extending The Habeas Writ Beyond Guantanamo, Dawinder S. Sidhu
Shadowing The Flag: Extending The Habeas Writ Beyond Guantanamo, Dawinder S. Sidhu
Faculty Scholarship
The purpose of this Article is to explain why the D.C. Circuit got it wrong. Part I provides an overview of the facts and relevant law that formed the basis for the decision. Part II shows that the court misapplied the basic factors set forth initially by the Court in Eisentrager and later clarified in Boumediene. Part III contains a proposed framework that reorients and reframes these factors in order to make habeas jurisdiction analyses more workable and consistent with the historical justifications for the writ, separation of powers considerations, and governing case law. Part IV applies this framework to …
Response Essay: Temporal Variance, Hockey, And The Wartime Constitution, Dawinder S. Sidhu
Response Essay: Temporal Variance, Hockey, And The Wartime Constitution, Dawinder S. Sidhu
Faculty Scholarship
In “Let ‘Em Play”: A Study in the Jurisprudence of Sport,1 Professor Mitchell Berman offers a thoughtful and engaging defense of the concept of temporal variance, the notion that “some rules of some sports should be enforced less strictly toward the end of close matches.” In support of his position, Professor Berman draws on various professional sports, including tennis, basketball, and baseball. Largely absent as a source of information or subject of the overall discussion is hockey, a sport with which Professor Berman acknowledges he is less familiar. The purpose of this response is to address my concerns with temporal …