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Diné Bi Beenahaz'Áanii: Codifying Indigenous Consuetudinary Law In The 21st Century, Kenneth Bobroff

Tribal Law Journal

The fundamental laws of the Diné, "the People" in the Navajo language, were placed by the Holy People long before Spaniards arrived in the New World. Since Coronado first traveled to Navajo Country almost five centuries ago, Diné have resisted European assaults on Navajo Law. On November 1, 2002, the Navajo Nation Council acknowledged the survival of the fundamental laws of the Diné, recognizing four specific constituent elements — traditional law, customary law, natural law, and common law – and explaining the principles of each.

Cultural Eclipse: The Effect On The Aboriginal Peoples In Manitoba, Kwesi Baffoe

Tribal Law Journal

Cultural eclipse is a phrase that I coined to describe the inter-relationship between the Aboriginal and European cultures as seen by an observer in space. It depicts the scene of two cultures initially rotating separately in time through the Universe. The European culture slowly drifts towards the Aboriginal culture and partially covers it without consuming it. This paper explores one of the ways indigenous culture is damaged during this "union".

Profile Of The Sayisi Dene Nation Of Tadoule Lake In Northern Manitoba, Kwesi Baffoe

Tribal Law Journal

The cultural groups among the Aboriginal peoples of Northern Canada correspond to climatic latitudinal divides. Above the tree line, where the boreal forest meets the tundra, are the Inuit whose territory stretches far into the arctic. South of the tree line are the Dene, and below them are the Cree nations of the prairies. The goal of this paper is to concentrate on the nature of the particular culture of the Dene People.

The Origins, Current Status, And Future Prospects Of Blood Quantum As The Definition Of Membership In The Navajo Nation, Paul Spruhan

Tribal Law Journal

In this article, the author discusses the origin of the Navajo Nation's blood requirement. Mr. Spruhan examines the intended purpose of the quarter-blood quantum definition and the role of the Bureau of Indian Affairs. He reviews the current status, regulation, and recent attempts to change the quarter-blood quantum requirement. He discusses the future of the quarter-blood quantum requirement with respect to the Navajo Nation Council's 2002 resolution known as the "Fundamental Laws of the Diné," a resolution mandating the application of traditional law, customary law, natural law, and common law to the Navajo Nation Government and its entities. In this …

Geographic Relationships Of Pocket Gophers In Southeastern Colorado, David C. Lovell, William R. Whitworth, Jerry R. Choate, Steven J. Bissell, Michael P. Moulton, Justin D. Hoffman

Transactions of the Nebraska Academy of Sciences and Affiliated Societies

Distributional patterns of the four species of pocket gophers in southeastern Colorado are variously parapatric, allopatric, or sympatric. More specifically, Geomys bursarius is parapatric with Thomomys talpoides, Thomomys bottae, and Cratogeomys castanops; T. bottae is both sympatric and parapatric with C. castanops; and both C. castanops and T. bottae are allopatric with T. talpoides. Geomys bursarius is restricted to sandy soils and soils of cultivated or otherwise disturbed habitats. Cratogeumys castanops and T. bottae occupy a wide variety of soils but are found most commonly in compacted rangeland soils. Thomomys talpoides is found in well-drained …

Modeling Of River Hydrodynamics And Active Cap Effectiveness In The Anacostia River, Keegan L. Roberts

LSU Master's Theses

The Anacostia Active Capping Project (AACP) is a United States Environmental Protection Agency (EPA) funded initiative to develop and implement, on a field scale, active capping barrier technologies. Overseen by the Hazardous Substance Research Center, South and Southwest (HSRC), the AACP plans to demonstrate the ability of active capping barrier technologies to prevent the migration of contaminants from the sediment bed to the overlying water column of the Anacostia River. The demonstration project will involve the placement and monitoring of four individual types of capping materials (apatite, Aquablok, coke breeze, and sand) and the monitoring of one control (i.e. uncapped) …

Taking Back The Law School Classroom: Using Technology To Foster Active Student Learning , Rafael Gely, Paul L. Caron

Faculty Publications

Law schools (and indeed all of higher education) have witnessed an explosive growth in the use of technology in the classroom. Many law teachers now deploy a wide array of technological bells and whistles, including PowerPoint slides, Web-based course platforms, in-class Internet access, and the like. Students, in turn, increasingly come to class armed with laptop computers to harvest the fruits of the classroom experience. Yet in recent years there has been something of a backlash, with various law teachers arguing that this technology is interfering with, rather than improving, pedagogy in the classroom. According to the critics, the technology …

Experimental And Computational Modeling Of Granular Materials, Orlando Boscan

LSU Master's Theses

4-inch cubical sand specimens were been tested under drained conditions using a wide range of stress paths. The testing was performed by means of a true (cubical) triaxial device that has been conditioned for this study. This testing set-up consisted of a servo-controlled, single-boundary type apparatus, with six flexible membranes that create a center cavity surrounding the soil specimens. This thesis illustrates the functioning of the triaxial device, including detailed descriptions of the device components, sample preparation, and a practical application related to the mechanical characterization of granular materials using critical state soil mechanics. An experimental program, based on the …

Metal-Doped Rare Earth Oxide Catalysts For Condensations To Ketones, Arvind Karkal Bhat

LSU Master's Theses

Metal-doped supported rare earth oxide catalysts were examined to determine their suitability for the decarboxylative condensation of two carboxylic acids to produce ketones. The catalysts were characterized based on chemisorption tests, coke analysis using thermo-gravimetric analysis and X-ray absorption spectroscopy. Effect of catalyst particle size on rate of reaction was studied for various supported cerium oxide catalysts. Catalysts were tested for activity, selectivity, and stability using isothermal fixed bed reactors. Optimal operating conditions for the production of diisopropyl ketone and methyl nonyl ketone were determined. It was found that supported cerium oxide catalysts effectively catalyzed the condensation of isobutyric acid …

Federal Courts, International Tribunals, And The Continuum Of Deference: A Postscript On Lawrence V. Texas, Roger P. Alford

Journal Articles

Last year, in the pages of this journal, I published an article addressing the role of international tribunal decisions in federal courts.1 In that article, it was suggested that federal courts should confer varying degrees of deference to international tribunal decisions depending on the circumstances presented. Such degrees of deference were plotted along a "continuum of deference." See: Federal Courts, International Tribunals, and the Continuum of Deference

The purpose of this brief Postscript is to reconsider the "no deference" model in light of the Supreme Court's decisions in Bowers and Lawrence. The Postscript elucidates why Lawrence relied on an international …

Article Iii And The Cause Of Action, Anthony J. Bellia Jr.

Journal Articles

This Article undertakes a systematic exploration of the concept of the "cause of action" as it is used by courts and scholars in making arguments about the scope of the federal judicial power. The concept of the cause of action figures prominently in debates about such fundamental questions as what kinds of cases Congress may empower federal courts to adjudicate (jurisdiction), who may initiate a case in federal court (standing), and when a federal court may afford a plaintiff a private remedy for the violation of a federal regulatory scheme (implied rights of action). Federal courts have answered these questions, …

Refreshing The Heart Of The City: Vacant Building Receivership As A Tool For Neighborhood Revitalization And Community Empowerment, James J. Kelly Jr.

Journal Articles

Vacant Building Receivership is a building code enforcement tool that dispossesses and forecloses on owners of vacant buildings who are unwilling or unable to bring their derelict properties into basic conformity with basic building codes. This article examines vacant building receivership as a tool for ensuring the renovation of vacant buildings and as a means by which communities can develop increased confidence in and control of residential development in their neighborhoods. After discussing the need for a vacant house strategy tailored to support mid-level urban neighborhoods, the article, in its second section, will analyze how Baltimore's vacant building receivership remedy …

Reflections On Newdow, Gerard V. Bradley, Paul J. Griffiths

Journal Articles

Although saving the Pledge from a declaration of unconstitutionality is an end worth our prayers, I think that O’Connor’s effort to portray it as “ceremonial deism” fails. “Under God” endorses religion, and the Court should address the issue on that basis. If the phrase comports with the Constitution – as I think it does – it is because the Constitution does not prohibit governmental affirmations that “God” – a greater-than-human source of meaning and value – exists.

Racial Differences In The Mental Health Needs And Service Utilization Of Youth In The Juvenile Justice System, Mike Jenuwine

Journal Articles

Mental health placement rates by the juvenile justice system differ by race. However, it is unknown whether mental health needs differ by race. This study attempted to investigate potential differences in mental health needs and service utilization among Caucasian, African American, and Hispanic juvenile justice involved youth. A stratified random sample of 473 youth petitioned, adjudicated, and incarcerated from 1995-1996 was examined using a standard chart review protocol and the Childhood Severity of Psychiatric Illness measure for mental health needs. Significant and unique mental health needs were demonstrated for all racial groups. African American youth demonstrated the greatest level of …

He Writ Of Prohibition: Jurisdiction In Early Modern English Law, Vol 2: Control Of Judicial Conduct By Prohibition, Charles Montgomery Gray

Books

No abstract provided.

The Writ Of Prohibition: Jurisdiction In Early Modern English Law, Vol 4: Prohibitions Enforcing Statutes, Charles Montgomery Gray

Books

No abstract provided.

The Writ Of Prohibition: Jurisdiction In Early Modern English Law, Vol. 1: General Introduction To The Study And Procedures., Charles Montgomery Gray

Books

No abstract provided.

The Legal Case Against The Global War On Terror, Mary Ellen O'Connell

Journal Articles

In the first confusing days after the September 11, 2001, attacks on the United States, President George W. Bush declared a war on terror. Many of us heard this declaration as stirring rhetoric to rally the nation. We understood it as a declaration that the President would direct a strong response against those responsible. We had heard this sort of rhetoric before when the nation faced powerful challenges-from illegal drugs and chronic poverty. Many of us understood President Bush's declaration of war to refer once again to the determined, persistent struggle to overcome a social blight-this time terrorism. We did …

The Globalization Of Human Rights: Consciousness, Law And Reality, Douglass Cassel

Journal Articles

Human rights have suffered sharp setbacks in the four years since the paper that follows was delivered in London in the summer of 2000. The terrorist attacks on the United States on September 11, 2001, and the Bush Administration’s ensuing “war on terrorism,” have led not only to a demotion of human rights on the list of American foreign policy priorities, but also to gross violations of human rights by Washington. Among other recent assaults on the rule of law are the prolonged detentions of hundreds of prisoners without trial or due process of law at the United States Naval …

What Is An Employer's Liability For Constructive Discharge Under Title Vii? An Analysis Of Pennsylvania State Police V. Suders, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Pennsylvania State Police v. Suders, 542 U.S. 129 (2004). In this case involving Title VII, the author expected the Court to analyze whether whether a constructive discharge caused by supervisory harassment is a tangible employment action for purposes of imposing striet liability.

"Tax Services" As A Trojan Horse In The Auditor Independence Provisions Of Sarbanes-Oxley, Matthew J. Barrett

Journal Articles

This article argues that the failure of the Sarbanes-Oxley Act of 2002 (SOx) to prohibit auditors for public companies from also providing tax services to audit clients or their executives and selling tax shelters to anyone remains a Trojan horse that threatens both the investing public and the auditing profession. Although SOx enacted several reforms designed to enhance auditor independence, the legislation and implementing regulations that the Securities and Exchange Commission (SEC) subsequently promulgated allow an auditor for a publicly traded company to provide tax services to the company as long as the audit committee preapproves the engagement.

As the …

Universal Criminal Jurisdiction, Douglass Cassel

Journal Articles

Universal criminal jurisdiction is an important tool in the worldwide struggle to end impunity for serious international crimes.

Universal criminal jurisdiction is the principle of international law that permits any nation to prosecute certain serious international crimes, regardless of where they are committed, by whom or against whom, or any other unique tie to the prosecuting nation. The Recommendation applies whether or not an accused is in custody and does not address the separate topics of universal jurisdiction in civil cases or the immunities of senior government officials before foreign national courts.

Universal criminal jurisdiction developed over time as a …

How Not To Count Votes, John Copeland Nagle

Journal Articles

Rutherford B. Hayes defeated Samuel Tilden by one electoral vote in the presidential election of 1876. In Fraud of the Century: Rutherford B. Hayes, Samuel Tilden, and the Stolen Election of 1876, Roy Morris, Jr. concludes that the election was stolen from Tilden by Republican partisans serving on the canvassing boards in the three Southern states - Florida, Louisiana, and South Carolina - that were still under the control of Republican governments backed by the federal army. But in Centennial Crisis: The Disputed Election of 1876, Chief Justice William H. Rehnquist defends the integrity and the actions of the …

Assimilation, Toleration, And The State's Interest In The Development Of Religious Doctrine, Richard W. Garnett

Journal Articles

Thirty-five years ago, in the context of a church-property dispute, Justice William Brennan observed that government interpretation of religious doctrine and judicial intervention in religious disputes are undesirable, because when civil courts undertake to resolve [doctrinal] controversies..., the hazards are ever present of inhibiting the free development of religious doctrine and of implicating secular interests in matters of purely ecclesiastical concern. This statement, at first, seems wise and fittingly cautious, even unremarkable and obvious. On examination, though, it turns out to be intriguing, elusive, and misleading. Indeed, Justice Brennan's warning presents hazards of its own, and its premises - if …

Defending Cyberproperty, Patricia L. Bellia

Journal Articles

This Article explores how the law should treat legal claims by owners of Internet-connected computer systems to enjoin unwanted uses of their systems. Over the last few years, this question has become increasingly urgent and controversial, as system owners have sought protection from unsolicited commercial e-mail and from robots that extract data from Web servers for competitive purposes. In the late 1990s and early 2000s, courts utilizing a wide range of legal doctrines upheld claims by network resource owners to prevent unwanted access to their computer networks. The vast weight of legal scholarship has voiced strong opposition to these cyberproperty …

Misusing International Sources To Interpret The Constituion, Roger P. Alford

Journal Articles

This article addresses the trend toward using international sources to interpret the Constitution. While recognizing that international sources may be appropriately used as persuasive authority in certain types of constitutional analysis, this article argues that such reliance is inappropriate if done improperly. There are four misuses of international sources that serve as the focus of the article.

The first misuse of international sources - particularly evident in death penalty litigation - occurs when the global opinions of humankind are ascribed constitutional value to thwart the domestic opinions of Americans. The article suggests that international norms cannot be internalized within our …

Blocs, Swarms, And Outliers: Conceptualizing Disagreement On The Modern Supreme Court Of Canada, Peter Mccormick

Osgoode Hall Law Journal

Almost half of the Supreme Court of Canada's decisions are not unanimous, but not all disagreement is of a kind. It makes a difference whether the panel's unanimity is broken by a single dissident, by several judges signing a single set of reasons, or by several judges each writing separately. This article examines the notion of disagreement, suggests a conceptual framework in which the various disagreement formats can be located, applies that framework to the Court's performance over the past thirty years, and concludes with some speculation as to why the Supreme Court of Canada and the United States Supreme …

Probation Restrictions Impacting The Right To Procreate: The Oakley Error, Jennifer L. Levi

Faculty Scholarship

In State v. Oakley, the all-male four-justice majority held that a probation condition restricting David Oakley's right to have children passed constitutional muster. This Article discusses this question of the appropriate approach to evaluating the constitutionality of probation conditions. The Wisconsin Supreme Court's approach is compared to that of other courts in cases involving, in some way, decisions limiting a probationer's right to have children. The Author concludes that regardless of what constitutional standard or degree of scrutiny courts apply, cases can (and do) go both ways with respect to upholding or striking down probation restrictions on fundamental rights. However, …

Exile And The Kingdom: Integration, Harassment, And The Americans With Disabilities Act, Mark C. Weber

Maryland Law Review

No abstract provided.

Porterfield V. Mascari H, Inc.: "A Clear Mandate Of Public Policy" Remains Unclear In Maryland's Wrongful Discharge Jurisprudence, Benjamin S. Haley

Maryland Law Review

No abstract provided.