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Articles 1 - 7 of 7
Full-Text Articles in Law
Development Of The Right To Privacy In Montana Discourse And The Montana Constitution, Scott A. O'Donnell
Development Of The Right To Privacy In Montana Discourse And The Montana Constitution, Scott A. O'Donnell
Undergraduate Theses, Professional Papers, and Capstone Artifacts
No abstract provided.
Battles Of The Mind: The Reaction Against Progressive Education, 1945-1959, Ben Yturri
Battles Of The Mind: The Reaction Against Progressive Education, 1945-1959, Ben Yturri
Graduate Student Theses, Dissertations, & Professional Papers
This thesis discerns the relationships between three interrelated movements of the post-war period (circa 1945-1959): the overwhelming concern among leading intellectuals regarding the relationship between the individual and society, the post-war debates over education, and rising religious observance. Following WWII, the nation’s leading scholars and social critics addressed the most important problem facing the country and, for that matter, the world: how to avoid totalitarianism. Almost naturally, such anxieties influenced new debates over education. Broadly speaking, these controversies involved two related disputes over the efficacy of progressive education and the proper relationship between church and state. After World War II, …
Non-Indian Reservations, Joshua Matthew Rosenau
Non-Indian Reservations, Joshua Matthew Rosenau
Graduate Student Theses, Dissertations, & Professional Papers
This thesis is a skeptical treatment of the logical distinctions presumed to exist between “Indian” and “non-Indian” people. Despite representing 99 percent of the U.S. population, “non-Indians” represent a legal identity which has no explicit definition. The basis for the U.S. Supreme Court’s decisions regarding non-Indians and Indians rests not on any objective, empirical or logical criterion or proof, but rather on the “assumption of a ‘guardian-ward’ status. This thesis investigates this assumption, and recommends that we suspend judgment on whether the difference between “Indians” and “non-Indians” can be determined either by logical argument or by legal assumption.
Legal Interpretation, Mykaila Ashlynn Berry
Legal Interpretation, Mykaila Ashlynn Berry
Undergraduate Theses, Professional Papers, and Capstone Artifacts
The purpose of this project is to provide a fresh and in-depth analysis of legal jurisprudence through the use of two of the most important legal theorists of our time, H. L. A. Hart and Ronald Dworkin. This project focuses on how Dworkin’s position in his famous paper “Hard Cases”, helps us understand an important Supreme Court case, Cohen v. California. Cohen will be the main focus of my project. The project will discuss the case and the possible ways of deciding the case. Then the project explains both Dworkin’s and Hart’s positions. Finally, the project will analyze how Dworkin’s …
Buffalo Renaissance: The Northern Plains Tribes' Path To Self-Determination, Elizabeth Louise Johns
Buffalo Renaissance: The Northern Plains Tribes' Path To Self-Determination, Elizabeth Louise Johns
Graduate Student Theses, Dissertations, & Professional Papers
This long-form journalistic story and photo essay is about the Blackfoot Tribes in the United States and Canada and their efforts to restore bison to their land, their diet, and their culture. In 2014, ten tribes from the United States and Canada came together at Blackfeet Nation in Browning, Montana to sign the Buffalo Treaty, a commitment to bringing wild buffalo back to parts of their historical range. The Treaty signing marked the first time in more than 150 years that a diverse group of tribes, some historical enemies, came together in the name of restoring the animal they evolved …
The Traffic Of Native American Women, Nasrin M. Chaudhry
The Traffic Of Native American Women, Nasrin M. Chaudhry
Undergraduate Theses, Professional Papers, and Capstone Artifacts
No abstract available.
Cases Of Conscience: The Supreme Court And Conscientious Objectors To Military Service During The Post World War Ii Era, Robert S. Rutherfurd
Cases Of Conscience: The Supreme Court And Conscientious Objectors To Military Service During The Post World War Ii Era, Robert S. Rutherfurd
Graduate Student Theses, Dissertations, & Professional Papers
This thesis examines the history of American conscientious objectors to military service during the aftermath of World War II. It describes why conscientious objectors were viewed with distrust and suspicion for their refusal to bear arms in defense of the nation and considers how groups such as the American Legion and the Veterans of Foreign Wars attempted to prevent COs from enjoying key benefits of U.S. citizenship by demanding that conscientious objectors be excluded from public employment and denied most forms of government assistance. This thesis focuses on decisions of the United States Supreme Court following World War II that …