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Full-Text Articles in Law
A History Of Corporate Law Federalism In The Twentieth Century, William W. Bratton
A History Of Corporate Law Federalism In The Twentieth Century, William W. Bratton
Seattle University Law Review
This Article describes the emergence of corporate law federalism across a long twentieth century. The period begins with New Jersey’s successful initiation of charter competition in 1888 and ends with the enactment of the Sarbanes-Oxley Act in 2002. The federalism in question describes the interrelation of state and federal regulation of corporate internal affairs. This Article takes a positive approach, pursuing no normative bottom line. It makes six observations: (1) the federalism describes a division of subject matter, with internal affairs regulated by the states and securities issuance and trading regulated by the federal government; (2) the federalism is an …
Bringing History Home: Strategies For The International Repatriation Of Native American Cultural Property, Alec Johnson
Bringing History Home: Strategies For The International Repatriation Of Native American Cultural Property, Alec Johnson
Dickinson Law Review (2017-Present)
The theft of Native American cultural items has been ongoing since Europeans began to colonize the Americas. As a result, millions of Native American artifacts are now located outside the borders of the United States. Native American tribes have long sought international repatriation—the return of these cultural objects to their tribal owners. Unfortunately, many countries have been unsupportive of repatriation attempts and Native Americans seeking the return of their cultural items face nearly insurmountable barriers in foreign courts. The U.S. government has a moral imperative to assist Native American tribes in these repatriation efforts. The debate over repatriation is defined …
Federal Malpractice In Indian Country And The "Law Of The Place": A Re-Examination Of Williams V. United States Under Existing Law Of The Eastern Band Of Cherokee Indians, J. Matthew Martin
Federal Malpractice In Indian Country And The "Law Of The Place": A Re-Examination Of Williams V. United States Under Existing Law Of The Eastern Band Of Cherokee Indians, J. Matthew Martin
Campbell Law Review
This paper analyzes the law applicable in malpractice cases occurring within Indian Country and brought under the Federal Tort Claims Act, applying the "Law of the Place." In particular, this paper argues that the law of the Eastern Band of Cherokee Indians, including the customs and traditions of the Tribe, should have been applied by the Federal Courts in lieu of the law of North Carolina in Williams v. United States. The paper concludes by suggesting that a complete "laboratory" of Federalism should include the application of the laws of the respective Tribes where Federal medical negligence occurs.
The Use Of Hiring Preferences By Alaska Native Corporations After Malabed V. North Slope Borough, James P. Mills
The Use Of Hiring Preferences By Alaska Native Corporations After Malabed V. North Slope Borough, James P. Mills
Seattle University Law Review
This article argues that Native corporations can provide employment preferences for Alaska Natives, so long as they are appropriately tailored to provide employment preferences to that corporation's shareholders or those closely related to the shareholders. Moreover, a hiring preference based on shareholder status is not a preference based on race and, as such, does not violate Alaska state law.24 But even if the Alaska Supreme Court found that these hiring preferences did violate the state constitution, given the federal government's unique relationship with Native corporations 25 and Congress's clear intent for Native corporations to favor Alaska Natives in their hiring …
Adjudication And The Problems Of Incommensurability, Brett G. Scharffs
Adjudication And The Problems Of Incommensurability, Brett G. Scharffs
William & Mary Law Review
No abstract provided.
The United States Supreme Court And American Indian Tribal Sovereignty (Review Of American Indian Sovereignty And The U.S. Supreme Court: The Masking Of Justice By David E. Wilkins), Richard J. Ansson Jr.
The United States Supreme Court And American Indian Tribal Sovereignty (Review Of American Indian Sovereignty And The U.S. Supreme Court: The Masking Of Justice By David E. Wilkins), Richard J. Ansson Jr.
American Indian Law Review
No abstract provided.
Adjudication In Indian Country: The Confusing Parameters Of State, Federal, And Tribal Jurisdiction, Laurie Reynolds
Adjudication In Indian Country: The Confusing Parameters Of State, Federal, And Tribal Jurisdiction, Laurie Reynolds
William & Mary Law Review
No abstract provided.