Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
'Trespassers, Beware': Lyda Burton Conley And The Battle For The Huron Place Cemetery, A. Kimberley Dayton
'Trespassers, Beware': Lyda Burton Conley And The Battle For The Huron Place Cemetery, A. Kimberley Dayton
Faculty Scholarship
Lyda Burton Conley, Kansas attorney and direct descendant of the great Wyandot Chief Tarhe, appeared before the Supreme Court in January, 1910 to appeal a dismissal of a lawsuit she had filed against Secretary of the Interior James Garfield in 1907. She was seeking a permanent injunction to prevent the sale of a parcel of land in which her ancestors were buried, by the federal government to private developers. This case appears to be the first on record in which a plaintiff argued that the burying grounds and cemeteries of Native American peoples are entitled to federal protection. This lawsuit …
Review Essay: “Indians Are Us?: Culture And Genocide In Native North America" By Me Monroe, John P. Lavelle
Review Essay: “Indians Are Us?: Culture And Genocide In Native North America" By Me Monroe, John P. Lavelle
Faculty Scholarship
Indians Are Us? is a collection of commentaries on American Indian political and social affairs, written in the truculent tone that readers have come to expect from writer Ward Churchill. Like its predecessors, Fantasies of the Master Race and Struggle far the Land, this latest Churchill project consists largely of polemical pieces hastily compiled from obscure leftist publications.
The Sovereign Immunity Exception Comment, Henry Paul Monaghan
The Sovereign Immunity Exception Comment, Henry Paul Monaghan
Faculty Scholarship
Seminole Tribe v. Florida is the 1995 Term's illustration of the importance that a narrow, but solid, five-Justice majority of the Supreme Court attaches to the constitutional underpinnings of "Our Federalism." In Seminole Tribe, this majority declared that Congress lacks authority under its Article I, Section 8 regulatory powers to subject unconsenting states to suits initiated in federal court by private persons. The very same majority had previously made clear its intention to implement the original constitutional understanding of a national government of limited powers, especially when the national government attempted to "commandeer" state legislative and administrative processes. This …