Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of North Dakota (162)
- University of Pennsylvania Carey Law School (148)
- Selected Works (102)
- SelectedWorks (61)
- University of Denver (61)
-
- William & Mary Law School (51)
- Morehead State University (45)
- Embry-Riddle Aeronautical University (32)
- Purdue University (32)
- Claremont Colleges (27)
- Duke Law (25)
- Liberty University (22)
- US Army War College (22)
- Chapman University (21)
- City University of New York (CUNY) (21)
- University of New Hampshire (21)
- Maurer School of Law: Indiana University (20)
- Brigham Young University Law School (18)
- Emory University School of Law (17)
- American University Washington College of Law (14)
- Gettysburg College (13)
- University at Buffalo School of Law (13)
- University of Louisville (13)
- University of Nebraska - Lincoln (12)
- University of Richmond (12)
- Roger Williams University (11)
- St. Mary's University (11)
- University of Mississippi (10)
- University of Arkansas, Fayetteville (9)
- University of Pittsburgh School of Law (9)
- Keyword
-
- Mandan (116)
- Hidatsa (115)
- Nueta (114)
- Arikara (108)
- Sahnish (107)
-
- The Three Affiliated Tribes of the Fort Berthold Reservation (102)
- Mandan Hidatsa and Arikara Nation (100)
- Politics (93)
- Human rights (67)
- United States (60)
- Garrison Dam (58)
- Garrison Reservoir (49)
- Legislation (41)
- Supreme Court (40)
- Democracy (39)
- Congress (36)
- Constitutional law (35)
- Constitutional Law (32)
- Immigration (30)
- Law (27)
- Elections (25)
- Courts (22)
- Archeological Salvage Program (21)
- Separation of powers (21)
- Constitution (20)
- Excavation (20)
- International law (20)
- National security (20)
- Administrative law (19)
- Criminal law (19)
- Publication Year
- Publication
-
- US Government Documents related to Indigenous Nations (162)
- All Faculty Scholarship (146)
- Human Rights & Human Welfare (61)
- Faculty Scholarship (46)
- International Bulletin of Political Psychology (32)
-
- Media Collection (30)
- Faculty Publications (22)
- The US Army War College Quarterly: Parameters (22)
- Honors Theses (21)
- CMC Senior Theses (17)
- Donald J. Kochan (17)
- Faculty Articles (17)
- Libraries Faculty and Staff Scholarship and Research (17)
- Law Faculty Scholarship (16)
- Audio & Video History Collection (14)
- Libraries Faculty and Staff Presentations (14)
- The Modern American (14)
- Articles by Maurer Faculty (13)
- William & Mary Law Review (13)
- Aaron J Shuler (12)
- Articles (12)
- Dissertations, Theses, and Capstone Projects (11)
- Helm's School of Government Conference - American Revival: Citizenship & Virtue (11)
- Journal Articles (11)
- William & Mary Bill of Rights Journal (10)
- Mirya R Holman (9)
- Mississippi Blue Books (9)
- Neal E. Devins (9)
- Senior Theses and Projects (8)
- The Scholar: St. Mary's Law Review on Race and Social Justice (8)
- Publication Type
Articles 91 - 120 of 1367
Full-Text Articles in Law
Keeping Our Distinctions Straight: A Response To “Originalism: Standard And Procedure”, Mitchell N. Berman
Keeping Our Distinctions Straight: A Response To “Originalism: Standard And Procedure”, Mitchell N. Berman
All Faculty Scholarship
For half a century, moral philosophers have distinguished between a “standard” that makes acts right and a “decision procedure” by which agents can determine whether any given contemplated act is right, which is to say whether it satisfies the standard. In “Originalism: Standard and Procedure,” Stephen Sachs argues that the same distinction applies to the constitutional domain and that clear grasp of the difference strengthens the case for originalism because theorists who emphasize the infirmities of originalism as a decision procedure frequently but mistakenly infer that those flaws also cast doubt on originalism as a standard. This invited response agrees …
Back To The Sources? What’S Clear And Not So Clear About The Original Intent Of The First Amendment, John Witte Jr.
Back To The Sources? What’S Clear And Not So Clear About The Original Intent Of The First Amendment, John Witte Jr.
Faculty Articles
This Article peels through these layers of founding documents before exploring the final sixteen words of the First Amendment religion clauses. Part I explores the founding generation’s main teachings on religious freedom, identifying the major principles that they held in common. Part II sets out a few representative state constitutional provisions on religious freedom created from 1776 to 1784. Part III reviews briefly the actions by the Continental Congress on religion and religious freedom issued between 1774 and 1789. Part IV touches on the deprecated place of religious freedom in the drafting of the 1787 United States Constitution. Part V …
Reclamation: Managing Water In The West; An Overview Of The Pick-Sloan Missouri Basin Program, United States Bureau Of Reclamation, Roger S. Otstot
Reclamation: Managing Water In The West; An Overview Of The Pick-Sloan Missouri Basin Program, United States Bureau Of Reclamation, Roger S. Otstot
US Government Documents related to Indigenous Nations
This undated summary released by the Bureau of Reclamation offers a concise overview of the Pick-Sloan Missouri Basin flood control plan which was enacted when Congressed passed the Flood Control Act of 1944. This plan led to the construction of several dams in the Missouri River basin, including the Garrison Dam. The completion of the Garrison Dam displaced the majority of the Mandan, Hidatsa, and Arikara people living on the Fort Berthold Reservation. This document contains tables, graphs, maps, and a photograph.
À La Carte Cable: A Regulatory Solution To The Misinformation Subsidy, Christopher R. Terry, Eliezer J. Silberberg, Stephen Schmitz, John Stack, Eve Sando
À La Carte Cable: A Regulatory Solution To The Misinformation Subsidy, Christopher R. Terry, Eliezer J. Silberberg, Stephen Schmitz, John Stack, Eve Sando
Catholic University Journal of Law and Technology
Although “fake news” is as old as mass media itself, concerns over disinformation have reached a fever pitch in our current media environment. Online media outlets’ heavy reliance on user-generated content has altered the traditional gatekeeping functions and professional standards associated with traditional news organizations. The idea of objectivity-focused informational content has primarily been substituted for a realist acceptance of the power and popularity of opinion-driven “news.” This shift is starkly visible now: mainstream news media outlets knowingly spread hoaxes, conspiracy theories, and the like.
This current state of affairs is not some freak accident. The Supreme Court’s First Amendment …
Moving From Harm Mitigation To Affirmative Discrimination Mitigation: The Untapped Potential Of Artificial Intelligence To Fight School Segregation And Other Forms Of Racial Discrimination, Andrew Gall
Catholic University Journal of Law and Technology
No abstract provided.
The War On Drugs And Its Legal Effects On Black Americans, Alexia L. Howard-Mullins
The War On Drugs And Its Legal Effects On Black Americans, Alexia L. Howard-Mullins
2022 Symposium
The differences in treatment between Black and white Americans in the past fifty years has been a topic of thought in the minds of political and sociological scholars since the inception of the War on Drugs in 1971. These differences in treatment may lead to discrimination legally, resulting in longer prison sentences and a higher proportion of Black Americans in prison. This study analyzes the results of the War on Drugs that led to disproportionate imprisonment of Black Americans, including mandatory sentencing laws, drug classifications, and discrimination within law enforcement and the legal system. This study will use primary sources …
What Comes After January 6? On The Contingent Congressional Procedure, William B. Ewald
What Comes After January 6? On The Contingent Congressional Procedure, William B. Ewald
All Faculty Scholarship
Most criticism of the system of presidential election focuses on the Electoral College, and most criticism of the Electoral College focuses narrowly on the shortcomings of the Electoral College itself. The objections are well known. The most basic is an objection of political principle. The Electoral College, on its face, deviates from the democratic principle of one-person-one-vote and gives the vote of a citizen in Wyoming approximately the same weight as 3.5 votes in California. The result is an unequal distribution of political power, both between citizens and among states. We can call this the 3.5:1 problem.
There are …
Keeping It Complex With Philip Hunton, John Locke, And The United States Federal Judiciary: On The Merit Of Murkiness In Separation Of Powers Jurisprudence, Michelle M. Kundmueller
Keeping It Complex With Philip Hunton, John Locke, And The United States Federal Judiciary: On The Merit Of Murkiness In Separation Of Powers Jurisprudence, Michelle M. Kundmueller
Political Science & Geography Faculty Publications
This article draws on the resources of a little-known political theorist, Philip Hunton, to explain the function of “murky” jurisprudence in the maintenance of separation of powers over time. In the era immediately before the drafting of the United States Constitution, separation of powers was a touted remedy to tyranny. But if government is thus moderated, a critical question arises: who will judge the precise contours of each institution’s powers? This article addresses this longstanding question by comparing the solutions offered by Philip Hunton, John Locke, and the United States judiciary. I conclude that the judiciary’s decried inability to clarify …
White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis
White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis
Articles
Although the United States tends to treat crimes against humanity as a danger that exists only in authoritarian or war-torn states, in fact, there is a real risk of crimes against humanity occurring within the United States, as illustrated by events such as systemic police brutality against Black Americans, the federal government’s family separation policy that took thousands of immigrant children from their parents at the southern border, and the dramatic escalation of White supremacist and extremist violence culminating in the January 6, 2021 attack on the U.S. Capitol. In spite of this risk, the United States does not have …
Restoring The Rule Of Law Through Department Of Justice Reform, Claire Oakes Finkelstein, Richard Painter
Restoring The Rule Of Law Through Department Of Justice Reform, Claire Oakes Finkelstein, Richard Painter
All Faculty Scholarship
As the nation’s principal law enforcement agency, the Department of Justice (DOJ) plays a unique role in protecting U.S. democracy. Even though the attorney general is appointed by the president and serves at the president’s pleasure, a recognition of the comparable independence of the DOJ from the political priorities of the rest of the executive branch has been critical for maintaining the department’s integrity and credibility over the course of its roughly 150-year history. The DOJ powerfully reinforces both rule of law norms and democratic governance when it faithfully conforms to law and ethics. But the flip side is also …
The Influence Of The Federalist Society On Judical Politics And Law In The United States, Peter S. K. Lynch
The Influence Of The Federalist Society On Judical Politics And Law In The United States, Peter S. K. Lynch
Theses and Dissertations--Political Science
This dissertation examines the Federalist Society, which is a network of conservative and libertarian attorneys, judges, law professors, and law students. The organization was founded by law students at Harvard Law School, Yale Law School, and the University of Chicago Law School in 1982, and has, over the last four decades, come to play a central role in law and politics in the United States. Individuals affiliated with the Federalist Society influence the law through a variety of avenues.
Federalist Society-members advance the goals of the conservative legal movement in a variety of capacities—by writing amicus curiae briefs providing the …
News Treatment Of The Supreme Court: Language Selection, Ideological Directions, And Public Support, Alexander Denison
News Treatment Of The Supreme Court: Language Selection, Ideological Directions, And Public Support, Alexander Denison
Theses and Dissertations--Political Science
In an increasingly diverse media landscape, how much of the ideological trends seen in current news reporting affect coverage of the U.S. Supreme Court? This work examines two different aspects of the Court's activities, their decisions and the confirmation hearings of Court nominees, analyzing what factors, if any, lead to differences in coverage language. Finally, through the use of a survey experiment, I analyze whether these differences in language, in combination with positive symbolic imagery, affect attitudes toward the institution. This work provides a novel consideration of whether the Court is subject to the same ideological slant found in coverage …
Undersea Cables: The Ultimate Geopolitical Chokepoint, Bert Chapman
Undersea Cables: The Ultimate Geopolitical Chokepoint, Bert Chapman
FORCES Initiative: Strategy, Security, and Social Systems
This work provides historical and contemporary overviews of this critical geopolitical problem, describes the policy actors addressing this in the U.S. and selected other countries, and provides maps and information on many undersea cable work routes. These cables are chokepoints with one dictionary defining chokepoints as “a strategic narrow route providing passage through or to another region."
Collateral Damage: How Expanding Public Charge Policy Influences Adult Esl Enrollment, Allison M. Eckert
Collateral Damage: How Expanding Public Charge Policy Influences Adult Esl Enrollment, Allison M. Eckert
Master's Theses
This study used statistical analysis of enrollment records for ESL programs at community colleges throughout California from 2015-2019 to determine whether adult immigrants’ participation in public ESL programs was reduced under President Donald Trump. Immigrant families’ lesser use of public education services and means-tested federal benefits has been widely documented in the wake of Trump’s expansion of the public charge rule, which counted immigrants’ use of a wider array of public benefits against their case for residency in the United States than had any previous iteration of the rule. Failing the public charge test can block an immigrant’s entry into …
Litigation, Legislation, And Love: The Comparative Efficacy Of Litigation And Legislation For The Expansion Of Lesbian, Gay, And Bisexual Civil Rights, Mallory Harrington
Litigation, Legislation, And Love: The Comparative Efficacy Of Litigation And Legislation For The Expansion Of Lesbian, Gay, And Bisexual Civil Rights, Mallory Harrington
Honors College Theses
This research examines the comparative efficacy of federal appellate court decisions and federal legislation with regards to the furtherance of civil rights on the basis of sexual orientation. The research examines efficacy based upon the number of measures which have been implemented as well as the content of each measure. The research examines federal appellate and Supreme Court decisions, as well as adopted pieces of federal legislation since 1950. It also examines the likely causes of the disparities in efficacy that are indicated in this analysis. The findings of this research indicate that litigation has been much more effective at …
Infrastructure Investment And Jobs Act, Onu Institute For Civics And Public Policy, Caleb Clayton
Infrastructure Investment And Jobs Act, Onu Institute For Civics And Public Policy, Caleb Clayton
Critical Questions
On November 15, 2021, President Joe Biden signed the Infrastructure Investment and Jobs Act into law, ending a protracted bipartisan battle, ultimately resulting in a compromise between parties. The $1.2 trillion bill serves as the first major project of President Joe Biden’s “Build Back Better” plan. Although it has not received much attention from most citizens, it will have far-reaching effects for many years to come.
Contributor's Guidelines And Article Index, Usawc Press
Contributor's Guidelines And Article Index, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Sherman And His Historians: An End To The Outsized Destroyer Myth?, Mitchell G. Klingenberg
Sherman And His Historians: An End To The Outsized Destroyer Myth?, Mitchell G. Klingenberg
The US Army War College Quarterly: Parameters
For years, scholars have viewed the career of William Tecumseh Sherman in light of an antiquated destroyer myth and neglected his memoirs, which were written as a military textbook. This essay reviews Sherman’s legacy and literature, both of which contributed to the advancement of modern military thought. His experiences may serve as a prescriptive text to servicemembers, providing critical lessons on military warfare and philosophy still relevant today.
Article Index, Usawc Press
Article Index, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Commentary And Reply, Claude A. Lambert
Commentary And Reply, Claude A. Lambert
The US Army War College Quarterly: Parameters
No abstract provided.
Review Essay, Robert L. Bateman
Review Essay, Robert L. Bateman
The US Army War College Quarterly: Parameters
No abstract provided.
On “The Us Army And The Pacific: Challenges And Legacies”, Brian Mcallister Linn
On “The Us Army And The Pacific: Challenges And Legacies”, Brian Mcallister Linn
The US Army War College Quarterly: Parameters
This commentary responds to David M. Finkelstein’s article, “The US Army and the Pacific: Challenges and Legacies,” published in the Autumn 2020 issue of Parameters (vol. 50, no. 3).
Book Reviews, Usawc Press
Book Reviews, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Book Reviews, Usawc Press
Book Reviews, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
A Guide To The 87th Texas Legislative Session, José Menéndez, Pearl D. Cruz
A Guide To The 87th Texas Legislative Session, José Menéndez, Pearl D. Cruz
The Scholar: St. Mary's Law Review on Race and Social Justice
Challenges and potential solutions during the 87th Texas Legislative session.
Sufficiently Judicial: The Need For A Universal Ethics Rule On Attorney Behavior In Legislative Impeachment Trials, Joshua E. Kastenberg
Sufficiently Judicial: The Need For A Universal Ethics Rule On Attorney Behavior In Legislative Impeachment Trials, Joshua E. Kastenberg
St. Mary's Journal on Legal Malpractice & Ethics
In assessing an ethics, rule-based prohibition against New Jersey governmental attorneys representing clients against the state for matters the state had previously assigned to them, the state supreme court noted: “In our representative form of government, it is essential that the conduct of public officials and employees shall hold the respect and confidence of the people.”
In the beginning of 2020, the United States Senate held an impeachment trial to determine whether former President Donald J. Trump had committed offenses forwarded by the House of Representatives. A U.S. Senate trial, much like state senate trials, is both judicial and political …
Congressional Oversight Of Modern Warfare: History, Pathologies, And Proposals For Reform, Oona A. Hathaway, Tobias Kuehne, Randi Michel, Nicole Ng
Congressional Oversight Of Modern Warfare: History, Pathologies, And Proposals For Reform, Oona A. Hathaway, Tobias Kuehne, Randi Michel, Nicole Ng
William & Mary Law Review
Despite significant developments in the nature of twenty-first century warfare, Congress continues to employ a twentieth century oversight structure. Modern warfare tactics, including cyber operations, drone strikes, and special operations, do not neatly fall into congressional committee jurisdictions. Counterterrorism and cyber operations, which are inherently multi-jurisdictional and highly classified, illustrate the problem. In both contexts, over the past several years Congress has addressed oversight shortcomings by strengthening its reporting requirements, developing relatively robust oversight regimes. But in solving one problem, Congress has created another: deeply entrenched information silos that inhibit the sharing of information about modern warfare across committees. This …
Biden Administration U.S. Space Force Policy Literature, Bert Chapman
Biden Administration U.S. Space Force Policy Literature, Bert Chapman
Libraries Faculty and Staff Presentations
Provides details on U.S. Space Force policy literature produced by the Biden Administration during its first eight months. Includes announcements that the Biden Administration will continue this new armed services branch begun during the Trump Administration. Features congressional testimony of Biden Administration officials such as Secretary of Defense Lloyd Wilson and Air Force Space Command leader General James Dickinson, the text of Space Force's 2021 Digital Force Vision document, congressionally approved FY 2022 space force budget figures, congressional committee comments and report requirements contained in emerging defense spending legislation, the emergence of collaboration between Space Force and universities such as …
Crisis Management Lessons From The Clinton Administration's Implementation Of Presidential Decision Directive 56, Leonard R. Hawley
Crisis Management Lessons From The Clinton Administration's Implementation Of Presidential Decision Directive 56, Leonard R. Hawley
The US Army War College Quarterly: Parameters
Drawing on personal experience, the author asks what the current administration can learn from the Clinton administration’s implementation of Presidential Decision Directive 56, examines the real-world application of the directive during the Clinton administration and the pitfalls of its agency-centric successor during the Bush administration, and identifies recurring problems and best practices for successfully responding to current global crises.
Hope Versus Reality: The Efficacy Of Using Us Military Aid To Improve Human Rights In Egypt, Gregory L. Aftandilian
Hope Versus Reality: The Efficacy Of Using Us Military Aid To Improve Human Rights In Egypt, Gregory L. Aftandilian
The US Army War College Quarterly: Parameters
Using US military aid as a lever to achieve human rights reforms has proven only marginally effective. This article examines the approaches employed by the Obama and Trump administrations to US military aid to Egypt and proposes practical steps that can be taken by policymakers and the military personnel on the ground to advance US human rights values.