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Full-Text Articles in Law
The Treaty Of Waitangi In New Zealand's Law And Constitution In 2015, Matthew S. R. Palmer Qc
The Treaty Of Waitangi In New Zealand's Law And Constitution In 2015, Matthew S. R. Palmer Qc
The Hon Justice Matthew Palmer
This lecture addresses issues concerning the place of the Treaty of Waitangi, including: implications of the Waitangi Tribunal's conclusions on sovereignty; the rationale behind historical Treaty settlements; and the future role of the Waitangi Tribunal.
What Place Does The Treaty Have In New Zealand's Constitutional Arrangements?, Matthew S.R. Palmer
What Place Does The Treaty Have In New Zealand's Constitutional Arrangements?, Matthew S.R. Palmer
The Hon Justice Matthew Palmer
In this address Matthew Palmer makes suggestions about how the Treaty of Waitangi should be reflected in New Zealand's constitutional arrangements.
Culture, Religion, And Indigenous People, David S. Bogen, Leslie F. Goldstein
Culture, Religion, And Indigenous People, David S. Bogen, Leslie F. Goldstein
David S. Bogen
The Constitution treats culture, religion, and government as separate concepts. Different clauses of the First Amendment protect culture and religion from government. For several decades, the Supreme Court of the United States interpreted the First Amendment as offering religion greater protection against interference than was offered to culture, but the Supreme Court largely dissolved these constitutional differences when confronted with issues posed by the religious practices of Native Americans. With some indigenous Americans, the lines between culture, religion, and even government blur – challenging the Supreme Court’s assumptions about the Constitution. The uniqueness of the claims of Native Americans pushed …
The Original Understanding Of The Indian Commerce Clause, Robert G. Natelson
The Original Understanding Of The Indian Commerce Clause, Robert G. Natelson
Robert G. Natelson
The United States Congress claims plenary and exclusive power over federal affairs with the Indian tribes, based primarily on the Constitution’s Indian Commerce Clause. This article is the first comprehensive analysis of the original meaning of, and understanding behind, that constitutional provision. The author concludes that, as originally understood, congressional power over the tribes was to be neither plenary nor exclusive.
Constitutional Shadows: The Missing Narrative In Indian Law, Frank Pommersheim
Constitutional Shadows: The Missing Narrative In Indian Law, Frank Pommersheim
Frank Pommersheim
No abstract provided.
Is There A Little (Or Not So Little) Constitutional Crisis Developing In Indian Law?, Frank Pommersheim
Is There A Little (Or Not So Little) Constitutional Crisis Developing In Indian Law?, Frank Pommersheim
Frank Pommersheim
No abstract provided.