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Articles 1 - 5 of 5

Full-Text Articles in Legal History

The Future Of Our Past: The Legal Mind And The Legacy Of Classical Common-Law Thought, Donald H. Gjerdingen Jul 1993

The Future Of Our Past: The Legal Mind And The Legacy Of Classical Common-Law Thought, Donald H. Gjerdingen

Indiana Law Journal

No abstract provided.


The Political Process As Final Solution, Charles M. Freeland Apr 1993

The Political Process As Final Solution, Charles M. Freeland

Indiana Law Journal

No abstract provided.


American Indian Influence On The United States Constitution And Its Framers, Robert J. Miller Jan 1993

American Indian Influence On The United States Constitution And Its Framers, Robert J. Miller

American Indian Law Review

No abstract provided.


Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches Jan 1993

Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches

Publications

Constitutional issues related to First Nations sovereignty have dominated Aboriginal affairs in Canada for a considerable period. The constitutional entrenchment of Aboriginal self-government has, however, received a setback with the recent failure of the Charlottetown Accord in October of 1992. Nonetheless, day-to-day issues must be accommodated, even while this more fundamental constitutional question remains unresolved. This paper illustrates the American experience with negotiated intergovernmental agreements between tribes and individual states. These agreements have, for example, resolved jurisdictional disputes over taxation, solid waste disposal, and law enforcement between state governments and tribal authorities. The author suggests that these intergovernmental agreements in …


The Aspirational Constitution, Robin West Jan 1993

The Aspirational Constitution, Robin West

Georgetown Law Faculty Publications and Other Works

Firmly embedded in every theory of judicial decisionmaking lies an important set of assumptions about the way government is supposed to work. Sometimes these theories about government are made explicit. More often they are not. Moreover, deeply embedded in every theory of government is a theory of human nature. Although these assumptions about human nature generally remain latent within the larger theory, because they provide the underpinnings for our ideas about the way government is supposed to work, they drive our notions about judicial decisionmaking. For example, the theory of government reflected in the United States Constitution reveals what one …