Digital Commons Network^™

Manifest Destiny And American Indian Religious Freedom: Sequoyah, Badoni, And The Drowned Gods, Howard Stambor

American Indian Law Review

No abstract provided.

Native Americans Versus Archaeologists: The Legal Issues, C. Dean Higginbotham

American Indian Law Review

No abstract provided.

Religion: The First Amendment And The American Indian Religious Freedom Act Of 1978, Robin K. Rannow

American Indian Law Review

No abstract provided.

Children: An Analysis Of Cases Decided Pursuant To The Indian Child Welfare Act Of 1978, Therese Buthod

American Indian Law Review

No abstract provided.

Building Theories Of Judicial Review In Natural Resources Law, William H. Rodgers, Jr.

Articles

In the specialty of natural resources law, there is no reason to expect our tasks of description and prescription to be any easier. We deal, after all, with the allocation of scarce resources where there are winners and losers. This leads us quickly into substantive justice theories based on entitlements, needs, and deserts and process justice theories extending to each loser his due.

Justice theory is implemented through judicial review, and what courts do depends importantly upon behavioral assumptions about people, agencies of government, and empirical proof. The sources of these assumptions and evidence are often the sciences, and I …

Bringing People Back: Toward A Comprehensive Theory Of Taking In Natural Resources Law, William H. Rodgers, Jr.

Articles

This Article attempts to bring people back into legal analysis by drawing upon behavioral preferences of human beings suggested by the laws of biology. Biological theory offers no all-encompassing explanations of legal outcomes, although it offers important, and much neglected, partial explanations.

That the law can be explained in this light suggests that courts have a view of human nature departing from the caricatures of much contemporary legal theory. We take as our setting an issue faced by each society in every era-property rights in natural resources.

Part I takes up the task of theory development by recanvassing property theory …

Building Theories Of Judicial Review In Natural Resources Law, William H. Rodgers, Jr.

University of Colorado Law Review

No abstract provided.

Reply Brief Of Duwamish, Samish, Snohomish, Snoqualmie, And Steilacoom Tribes - Duwamish, Samish, Snohomish, Snoqualmie And Steilacoom Indian Tribes V. Washington, Docket No. 81-509 (454 U.S. 1143 (1982))

Duwamish, Samish, Snohomish, Snoqualmie and Steilacoom Indian Tribes v. Washington, Docket No. 81-509 (454 U.S. 1143 (1982))

No abstract provided.

Age Distinctions And Their Social Functions: A Critique Of The Age Discrimination Act Of 1975, Leonard D. Cain

Chicago-Kent Law Review

No abstract provided.

Of Age And The Constitution, Howard Eglit

Chicago-Kent Law Review

No abstract provided.

Criminal Law -- Competence, Prejudice, And The Right To "Effective" Assistance Of Counsel, William Mcblief

North Carolina Law Review

No abstract provided.

Archeological Resource Preservation: The Role Of State And Local Government, Ronald H. Rosenberg

Faculty Publications

No abstract provided.

Brief In Opposition To Petition For Writ Of Certiorari - Makah Indian Tribe V. Lower Elwha Tribe, Docket No. 81-115 (454 U.S. 862 (1981))

Makah Indian Tribe v. Lower Elwha Tribe, Docket No. 81-115 (454 U.S. 862 (1981))

No abstract provided.

136th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

136th University of Notre Dame Commencement and Mass Program

Summer

Petition For Writ Of Certiorari - Makah Indian Tribe V. Lower Elwha Tribe, Docket No. 81-115 (454 U.S. 862 (1981))

Makah Indian Tribe v. Lower Elwha Tribe, Docket No. 81-115 (454 U.S. 862 (1981))

No abstract provided.

136th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

136th University of Notre Dame Commencement and Mass Program

Stuart Creighton Miller Review Of Sojourners And Settlers: Chinese Migrants In Hawaii By Clarence E. Glick, Stuart Creighton Miller

Pacific Studies

No abstract provided.

Vol. 4 No. 2 (1981): Pacific Studies Front Matter, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Front Matter for the Vol 4, No 2 Spring Edition of the Pacific Studies Journal

R. E. Kearney Review Of Regionalization Of The Law Of The Sea Edited By Douglas M. Johnston, R E. Kearney

Pacific Studies

No abstract provided.

Vol. 4 No. 2 (1981): Pacific Studies Full Issue, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Pacific Studies is published two times a year by The Jonathan Nāpela Center for Hawaiian and Pacific Studies, Brigham Young University Hawai‘i #1979, 55–220 Kulanui Street, Lāʻie, Hawai‘i 96762, but responsibility for opinions expressed in the articles rests with the authors alone. Subscription rate is US$40.00 yearly, payable to The Jonathan Nāpela Center for Hawaiian and Pacific Studies. The Jonathan Nāpela Center for Hawaiian and Pacific Studies (formerly The Pacific Institute) is an organization funded by Brigham Young University Hawai‘i. The Center assists the University in meeting its cultural and educational goals by undertaking a program of teaching, research, and …

Books Received And Book Notices, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Book Listing for the Vol 4, No 2 Spring Edition of the Pacific Studies Journal

Retribution, Responsibility And Freedom: The Fallacy Of Modern Criminal Law From A Biblical-Christian Perspective, E. L. (Stacey) Hebden Taylor

Law and Contemporary Problems

No abstract provided.

Fun And Games In The First Year: Contracts By Roleplay, Kenney Hegland

Journal of Legal Education

No abstract provided.

Social Research And The Use Of Medieval Criminal Records, Edward Powell

Michigan Law Review

A Review of Society and Homicide in Thirteenth-Century England by James Buchanan Given, and Crime and Conflict in English Communities, 1300-1348 by Barbara A. Hanawalt

Where Two Worlds Meet: A Time For Reassessment In The Anthropology Of Law, Simon Roberts

Michigan Law Review

A Review of Disputes and Negotiations: A Cross-Cultural Perspective by P.H. Gulliver, and The Disputing Process--Law In ten Societies edited by Laura Nader and Harry F. Todd Jr., and The Imposition of Law edited by Sandra B. Burman and Barbara E. Harrell-Bond

Organizing The Ethnography Of Negotiations, William L.F. Felstiner

Michigan Law Review

A Review of Disputes and Negotiations: A Cross-Cultural Perspective by P.H. Gulliver

Lon Fuller And Substantive Natural Law, Anthony D'Amato

Faculty Working Papers

I will contend that Fuller's secular or "procedural" natural law, as described by Moffat, does not cover the theoretical position that could be occupied by a substantive natural lawyer, that such a theoretical position is viable today, and that there are some key elements in Fuller's theory that actually conflict with substantive natural law and might therefore be criticized from that perspective.

The Case For Revising Our Laws On Animal Experimentation, David L. Markell

Experimentation Collection

The current laws regarding experimentation upon animals should be drastically revised. These laws permit virtually unrestricted experimentation on animals without regard to the benefits to be obtained from such experimentation, and without regard to the consequences of such experimentation upon the subject animal. Legislation constituting a two-step jump from the current laws is needed: laws sanctioning and requiring animal experimentation should be repealed; and laws significantly restricting acceptable experimentation should be enacted. The principle underlying this proposal for change is straightforward: Nonhuman animals, like human animals, have interests in the integrity of their bodies which deserve legal protection. Only by …

The Limits Of Legislation In Achieving Social Change, Theodore S. Meth

Laws and Legislation Collection

This paper is about law, not laboratory animals or philosophical ethics. It proceeds from the premise that law is an appropriate, perhaps inevitable, instrument for dealing with ethical issues related to the use of research animals.

Insanity And Criminal Responsibility In Progressive America, Herbert Hovenkamp

North Dakota Law Review

No abstract provided.