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Choosing Federal Court For Determination Of State Law Questions, Ted Occhialino 2018 Selected Works

Choosing Federal Court For Determination Of State Law Questions, Ted Occhialino

Ted Occhialino

The combined effect of Erie R. R. Co. v. Tompkins, 304 US. 64, 82 L Ed. 1188, 58 S. Ct 817 (1938) and proliferating certification statutes is to diminish, but not eliminate, the advantage that a litigant might gain from having a federal Judge, rather than a state court, construe state law. There continue to be cases in which the opportunity for a more favorable interpretation of state law in federal court will be an important and possibly determinative factor in choosing a federal court for the resolution of claims based upon state law. The possibility of a favorable "Erie ...


Herding Cats: Improving Law School Teaching, Ted Occhialino, Michael M. Simon, Robert L. Fried 2018 Selected Works

Herding Cats: Improving Law School Teaching, Ted Occhialino, Michael M. Simon, Robert L. Fried

Ted Occhialino

What makes a good law teacher? Is excellence in teaching largely a matter of intellectual brilliance, of superior organization and delivery of material, of friendliness and fairness to one's students? Or does it have more to do with style, with stage presence, with the ability to engage an audience in the act of reflective and spontaneous thinking?

We conducted a survey, described below, of programs to improve teaching in law schools. We found that the efforts law schools make to improve teaching are generally focused on newer faculty and take place in the emotionally charged context of tenure decisions ...


Misplaced Jurisdiction, Kevin Washburn 2018 University of New Mexico

Misplaced Jurisdiction, Kevin Washburn

Kevin K. Washburn

Interview discussing felonies and jurisdiction on Tribal land.


Law School A Wellspring Of Future U.S Leaders, Kevin Washburn 2018 University of New Mexico

Law School A Wellspring Of Future U.S Leaders, Kevin Washburn

Kevin K. Washburn

People sometimes ask me if our country has too many lawyers. Well, yes, and it has led to our success. Trust is based on the best judicial system in the world and a strong commitment to the rule of law.


Public Safety And Criminal Justice, Kevin Washburn 2018 University of New Mexico

Public Safety And Criminal Justice, Kevin Washburn

Kevin K. Washburn

Conference Transcript from The New Realism: The Next Generation of Scholarship in Federal Indian Law


Explaining The Modernized Leasing And Right-Of-Way Regulations For Indian Lands, Kevin Washburn, Jody Cummings 2018 University of New Mexico

Explaining The Modernized Leasing And Right-Of-Way Regulations For Indian Lands, Kevin Washburn, Jody Cummings

Kevin K. Washburn

The Obama Administration enacted significant reforms to the regulatory rules governing federal leasing and right of way approvals across tribal lands in Parts 162 and 169 of the Indian title of the federal regulations. These reforms had many aims. They sought to improve the environment for economic development on Indian reservations by speeding regulatory approvals, increasing predictability (by, in part, narrowing agency discretion), and increasing deference to tribal governmental decisions. The reforms sought to help tribal governments capture economic value that had previously been denied them, for example, by preventing so called "piggybacking" on pre-existing rights of way and clarifying ...


Implicit Divestiture Reconsidered: Outtakes From The Cohen's Handbook Cutting-Room Floor, John LaVelle 2018 University of New Mexico

Implicit Divestiture Reconsidered: Outtakes From The Cohen's Handbook Cutting-Room Floor, John Lavelle

John P. LaVelle

The most dramatic development in the field of Indian law during the years between publication of the 1982 and 2005 editions of Cohen's Handbook of Federal Indian Law has been the Supreme Court's reliance on a judicially devised theory for denying the inherent sovereign governing authority of Indian nations in cases where Congress has not acted to divest tribes of this authority. The executive committee of the board of authors and editors for the 2005 revision of Cohen's Handbook recognized the importance of discussing this recent line of cases in-depth and entrusted me with the task of ...


Petitioner's Brief - Reargument Of Oliphant V. Suquamish Indian Tribe, John LaVelle 2018 University of New Mexico

Petitioner's Brief - Reargument Of Oliphant V. Suquamish Indian Tribe, John Lavelle

John P. LaVelle

Does the Suquamish Indian Tribe possess inherent sovereign power to exercise criminal jurisdiction over non-Indians alleged to have committed misdemeanor crimes within the boundaries of the tribe's own reservation in violation of the Suquamish Law and Order Code?


The General Allotment Act "Eligibility" Hoax: Distortions Of Law, Policy, And History In Derogation Of Indian Tribes, John LaVelle 2018 University of New Mexico

The General Allotment Act "Eligibility" Hoax: Distortions Of Law, Policy, And History In Derogation Of Indian Tribes, John Lavelle

John P. LaVelle

A review of the essay, "Federal Indian Identification Policy: A Usurption of Indigenous Sovereignty in Native North America," in the collection of essays, The State of Native America, by M. Annette Jaimes.


Strengthening Tribal Sovereignty Through Indian Participation In American Politics: A Reply To Professor Porter, John LaVelle 2018 Selected Works

Strengthening Tribal Sovereignty Through Indian Participation In American Politics: A Reply To Professor Porter, John Lavelle

John P. LaVelle

A rebuttal to Porter's recent article The Demise of the Ongwehoweh and the Rise ofthe Native Americans: Redressing the Genocidal Act of Forcing American Citizenship upon Indigenous Peoples


Rescuing Paha Sapa: Achieving Environmental Justice By Restoring The Great Grasslands And Returning The Sacred Black Hills To The Great Sioux Nation, John LaVelle 2018 Selected Works

Rescuing Paha Sapa: Achieving Environmental Justice By Restoring The Great Grasslands And Returning The Sacred Black Hills To The Great Sioux Nation, John Lavelle

John P. LaVelle

Looking at a unique proposal of the Conservation Alliance of the Great Plains for establishing a "Greater Black Hills Wildlife Protected Area" in the Northern Plains region. Especially in light of the proposal's potential impacts on the continuing efforts of the Sioux tribes of this region to secure the return of the sacred Black Hills to sovereign tribal ownership.


Sanctioning A Tyranny: The Diminishment Of Ex Parte Young, Expansion Of Hans Immunity, And Denial Of Indian Rights In Coeur D'Alene Tribe, John LaVelle 2018 Selected Works

Sanctioning A Tyranny: The Diminishment Of Ex Parte Young, Expansion Of Hans Immunity, And Denial Of Indian Rights In Coeur D'Alene Tribe, John Lavelle

John P. LaVelle

This Article analyzes a recent decision of the Supreme Court that illustrates the enormous destructive power of the Rehnquist Court's peculiar brand of anti-tribal activism, Idaho v. Coeur d'Alene Tribe. Coeur d'Alene Tribe is likely to heighten the urgency with which Eleventh Amendment scholars have called for an overruling of Hans to ameliorate the damage that Hans and its progeny already have done to the regime of federally protected rights under the Constitution, laws and treaties of the United States-a regime at the core of the Framers' vision of paramount federal law and essential to securing true ...


Review Essay: “Indians Are Us?: Culture And Genocide In Native North America" By Me Monroe, John LaVelle 2018 University of New Mexico

Review Essay: “Indians Are Us?: Culture And Genocide In Native North America" By Me Monroe, John Lavelle

John P. LaVelle

Indians Are Us? is a collection of commentaries on American Indian political and social affairs, written in the truculent tone that readers have come to expect from writer Ward Churchill. Like its predecessors, Fantasies of the Master Race and Struggle far the Land, this latest Churchill project consists largely of polemical pieces hastily compiled from obscure leftist publications.


Are County Officials Liable For Forcibly Executing A Search Warrant Against A Sovereign Indian Tribe, John LaVelle 2018 University of New Mexico

Are County Officials Liable For Forcibly Executing A Search Warrant Against A Sovereign Indian Tribe, John Lavelle

John P. LaVelle

No abstract provided.


Felton V. Douglas County, 134 Nev. Adv. Op. 6 (Feb. 15, 2018), Joshua Garry 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Felton V. Douglas County, 134 Nev. Adv. Op. 6 (Feb. 15, 2018), Joshua Garry

Nevada Supreme Court Summaries

The Court determined that when an uncompensated volunteer, who has concurrent private employment and is injured during the course of volunteer work, shall have their average monthly wage for the purposes of workers’ compensation benefits to be the aggregate of the “deemed wage” provided by statute along with their earnings from the concurrent private employment.


Class Actions, Statutes Of Limitations And Repose, And Federal Common Law, Stephen B. Burbank, Tobias Barrington Wolff 2018 University of Pennsylvania Law School

Class Actions, Statutes Of Limitations And Repose, And Federal Common Law, Stephen B. Burbank, Tobias Barrington Wolff

Faculty Scholarship

After more than three decades during which it gave the issue scant attention, the Supreme Court has again made the American Pipe doctrine an active part of its docket. American Pipe addresses the tolling of statutes of limitations in federal class action litigation. When plaintiffs file a putative class action in federal court and class certification is denied, absent members of the putative class may wish to pursue their claims in some kind of further proceeding. If the statute of limitations would otherwise have expired while the class certification issue was being resolved, these claimants may need the benefit of ...


Hall V. Florida: The Supreme Court’S Guidance In Implementing Atkins, James W. Ellis 2018 Selected Works

Hall V. Florida: The Supreme Court’S Guidance In Implementing Atkins, James W. Ellis

James W. Ellis

No abstract provided.


Some Observations On The Juvenile Commitment Cases: Reconceptualizing What The Child Has At Stake, James W. Ellis 2018 Selected Works

Some Observations On The Juvenile Commitment Cases: Reconceptualizing What The Child Has At Stake, James W. Ellis

James W. Ellis

No abstract provided.


Mental Retardation And The Death Penalty: A Guide To State Legislative Issues, James W. Ellis 2018 University of New Mexico

Mental Retardation And The Death Penalty: A Guide To State Legislative Issues, James W. Ellis

James W. Ellis

The interest in State Legislatures in the topic of mental retardation and the death penalty has obviously heightened with the U.S. Supreme Court's decision in Atkins v. Virginia.' The purpose of this document is to provide legislators and advocates with guidance in implementing the Atkins decision, so that each State's death penalty legislation is in full compliance with constitutional requirements.


Mentally Retarded Criminal Defendants, James W. Ellis, Ruth A. Luckasson 2018 University of New Mexico

Mentally Retarded Criminal Defendants, James W. Ellis, Ruth A. Luckasson

James W. Ellis

This Article attempts to provide a preliminary overview of the issues in the Mental Health Standards as they relate to defendants with mental retardation. Part I reviews the history of the treatment of retarded defendants in the criminal justice system. Part II describes the characteristics of people with mental retardation and the consequences of those characteristics. Part III then discusses the extent to which mental retardation should be exculpatory of criminal responsibility. Part IV analyzes the critical importance of competence issues to mentally retarded defendants. Part V elaborates upon dispositional issues including civil commitment and sentencing. Parts VI and VII ...


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