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Full-Text Articles in Law

Case Law On American Indians: October 2022 - August 2023, Thomas P. Schlosser Dec 2023

Case Law On American Indians: October 2022 - August 2023, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.


Doing The Right Thing, The Right Way, The First Time: Decision-Making In Public And Private Arenas Regarding The Use Of Service Animals, Maureen E. Lally-Green, Annemarie Harr Eagle Esq., Bridget M. Green Oct 2022

Doing The Right Thing, The Right Way, The First Time: Decision-Making In Public And Private Arenas Regarding The Use Of Service Animals, Maureen E. Lally-Green, Annemarie Harr Eagle Esq., Bridget M. Green

University of Arkansas at Little Rock Law Review

No abstract provided.


Out With The New, In With The Old: The Importance Of Section 504 Of The Rehabilitation Act To Prisoners With Disabilities, Betsy Ginsberg Jan 2009

Out With The New, In With The Old: The Importance Of Section 504 Of The Rehabilitation Act To Prisoners With Disabilities, Betsy Ginsberg

Fordham Urban Law Journal

People with disabilities are all too well represented in America’s prisons and are frequently not provided with the accommodations necessary to ensure their full participation in prison life. The Supreme Court’s 1997 pronouncement that Title II of the ADA applies to their claims of failure to accommodate and disability-based discrimination has been making its way through the prison grapevine (and hopefully the prison law libraries) over the last dozen years, inspiring prisoners, their advocates and the federal government to use this broad civil rights statute to enforce these rights. Their efforts have been thwarted to some extent by the states’ …


The Plight Of "Nappy-Headed" Indians: The Role Of Tribal Sovereignty In The Systematic Discrimination Against Black Freedmen By The Federal Government And Native American Tribes, Terrion L. Williamson Jan 2004

The Plight Of "Nappy-Headed" Indians: The Role Of Tribal Sovereignty In The Systematic Discrimination Against Black Freedmen By The Federal Government And Native American Tribes, Terrion L. Williamson

Michigan Journal of Race and Law

This Note concerns the role the government has played in the exclusion of Black Freedmen from Native American nations through its implementation and interpretation of the doctrine of tribal sovereign immunity ("tribal sovereignty" or "tribal immunity"). Part I discusses the background of the Freedmen within the Five Civilized Tribes and provides an overview of the doctrine of tribal sovereign immunity, including its role in the controversy concerning the status of Black Indians. Part II discusses the interpretations given to the doctrine of tribal sovereign immunity by United States courts and executive agencies and the effects of those interpretations on relations …


Section 1983: Absolute Immunity For Pretrial Police Testimony, Jack Kaufman Jan 1987

Section 1983: Absolute Immunity For Pretrial Police Testimony, Jack Kaufman

Fordham Urban Law Journal

This Note discusses the development of the Supreme Court's approach to section 1983 immunity for trial witnesses. Central to this discussion is an overview of the history of common-law immunities for government officials, the history and purpose of section 1983, and the history of the Supreme Court's section 1983 immunity decisions. The author discusses the current disagreement in the circuits over extending section 1983 immunity to pretrial police testimony. The author also analyzes various possible answers to the question of whether to extend witness immunity under section 1983 to specific pretrial proceedings by applying the current Supreme Court "functional categories" …