Law Commons^™

Maine Women's Lobby News Letter (1992 - November) No. 4, Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.

An Act To Authorize Additional Appropriations For The Construction Of The Buffalo Bill Dam And Reservoir, Shoshone Project, Pick-Sloan Missouri Basin Program, Wyoming, United States Congress

US Government Documents related to Indigenous Nations

This United States (US) public law (Public Law 102-575), passed on October 30, 1992, also known as the “Reclamation Projects Authorization and Adjustment Act of 1992” contains a number of acts providing additional appropriations for various reclamation projects in the United States. The subsection known as the “Three Affiliated Tribes and Standing Rock Sioux Tribe Equitable Compensation Act” (found on page 4,731) states that the US Congress did not adequately compensate the Mandan, Hidatsa, and Arikara tribes (The Three Affiliated Tribes) or the Standing Rock Nation (Standing Rock Sioux Tribe) for prime lands that were taken for construction of the …

Why Family Values Faltered: Capitalism, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Duncan Energy V. Three Affiliated Tribes (1992), District Court Of North Dakota

US Government Documents related to Indigenous Nations

This court case, decided on September 28, 1992, established that the northeast quadrant of the Fort Berthold Reservation was part of the Reservation (therefore within tribal jurisdiction) but found that the Three Affiliated Tribes did not have taxation and employment authority over the gas and oil companies operating in that quadrant. Per Tribal Tax Code, any property on the Reservation used for business or profit is subject to a one-percent taxation and per the Tribal Employment Rights Office Ordinance (TERO), any employers within the Reservation must give preference to Native American workers. The Three Affiliated Tribes attempted to levy a …

The Left Critique Of Normativity: A Comment, Mark V. Tushnet

Michigan Law Review

"In today's legal academy, the critique of normativity is associated with the left." The preceding sentence, which I have constructed to summarize the starting point of this essay, is both largely true and arguably incoherent. The incoherence occurs because describing a position as "the left" connotes values like egalitarianism, which are obviously normative. This essay examines the ways in which some writers associated with the left in the legal academy have tried to resolve the incoherence. The first Part shows that these writers can be identified with the left even in their critiques of normativity and also shows that they …

Format Restrictions On Televised Political Advertising: Elevating Political Debate Without Suppressing Free Speech, Timothy J. Moran

Indiana Law Journal

No abstract provided.

A Practical Guide To Statutory Interpretation Today, William L. Reynolds

West Virginia Law Review

No abstract provided.

A Negative Incentive Based Proposal For Campaign Finance Reform: Lessons From Nottingham, York Moody Faulkner

BYU Law Review

No abstract provided.

Memoirs Of A General In The Inglorious Revolution, Lawrence G. Sagar

Michigan Law Review

A Review of Order and Law: Arguing the Reagan Revolution: A First-Hand Account by Charles Fried

Law And Public Choice: A Critical Introduction, William Dubinsky

Michigan Law Review

A Review of Law and Public Choice: A Critical Introduction by Daniel A. Farber and Philip P. Frickey

The Casey Conundrum, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Maine Women's Lobby News Letter (1992 - April) No. 3, Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.

Your Guide To Conflicts Of Interest Law: How We Govern Our Public Officials, Senate Local Government Committee

California Senate

A conflict of interest occurs when a public official participates in a governmental decision which would affect a financial interest. A conflict of interest takes away from the goal of the public official's job of enacting good public policy.

The conflict of interest laws keep public officials honest and prevent them from using their public office for private financial gain. These laws can be difficult to understand and sometimes harder to find. This guide will help you do both.

Tax Expenditure Budgets: A Critical View, Jeffrey S. Lehman, Douglas A. Kahn

Cornell Law Faculty Publications

No abstract provided.

Maine Women's Lobby News Letter (1992 March) No. 2, Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.

Judicial Review And Hungary's Transition From Communism To Democracy: The Constitutional Court, The Continuity Of Law, And The Redefinition Of Property Rights, Ethan Klingsberg

BYU Law Review

No abstract provided.

The Public Choice Case Against The Item Veto, Maxwell L. Stearns

Washington and Lee Law Review

No abstract provided.

Fighting Exclusion From Televised Presidential Debates: Minor-Party Candidates' Standing To Challenge Sponsoring Organizations' Tax-Exempt Status, Gregory P. Magarian

Michigan Law Review

This Note argues that courts should recognize minor-party presidential candidates' standing to challenge the section 50l(c)(3) tax-exempt status of organizations sponsoring televised debates that exclude minor-party candidates. Part I situates the issue within the context of the Supreme Court's standing jurisprudence and concludes that the validity of a third-party tax-status challenge by an aggrieved minor-party presidential candidate remains an open question. Part II analyzes the Second and District of Columbia Circuits' decisions and concludes that the Second Circuit's approach properly interprets the Supreme Court's standing doctrine and correctly resolves the particular arguments which both courts consider. Part III first demonstrates …

Law, Politics, And The Claims Of Community, Stephen A. Gardbaum

Michigan Law Review

This article aims to provide this needed analysis and then to show how it illuminates many of the exchanges taking place within the legal academy. It argues that the first step toward understanding "the claims of community" - whether in law or moral and political theory - is to recognize that, as the phrase itself suggests, more than one claim is involved. Merely to observe that the various proponents of community have as yet failed to establish a common and coherent communitarian position, though certainly true, is to miss the more critical insight: they are not engaged in such an …

Advice And Consent In Theory And Practice, Roger J. Miner '56

Federal Court System and Administration

No abstract provided.

From Libertarianism To Egalitarianism, Justin Schwartz

Justin Schwartz

A standard natural rights argument for libertarianism is based on the labor theory of property: the idea that I own my self and my labor, and so if I "mix" my own labor with something previously unowned or to which I have a have a right, I come to own the thing with which I have mixed by labor. This initially intuitively attractive idea is at the basis of the theories of property and the role of government of John Locke and Robert Nozick. Locke saw and Nozick agreed that fairness to others requires a proviso: that I leave "enough …

Corporate Political Speech, Larry E. Ribstein

Washington and Lee Law Review

No abstract provided.

The Paradox Of United State Democracy, C. A. Gearty

University of Richmond Law Review

This program is about a paradox at the heart of American democracy. We take it for granted that elected officials, like President Bush and members of Congress, run America. In fact, many of the country's most important decisions are taken by nine unelected lawyers accountable to no one. It is a paradox which is increasingly under scrutiny as more and more Americans are coming to question the power of their Supreme Court.

Recent Changes In The Soviet Union, 25 J. Marshall L. Rev. 295 (1992), Jack Matlock

UIC Law Review

No abstract provided.

The Supreme Court As A Political Institution, Benjamin L. Hooks

University of Richmond Law Review

The august Supreme Court of the United States is a political institution and has been virtually from the beginning. That today's Court finds itself at the center of intense ideological and political debate should surprise few serious students of American political and constitutional history.

The Role Of Legal Advisers In Ensuring That Foreign Policy Conforms To International Legal Standards, Antonio Cassese

Michigan Journal of International Law

With the help of a research team, the author spoke to the people most responsible for using-or ignoring-international law today: present and former foreign ministers and their chief legal advisers, hereafter referred to as LAs. From them, he hoped to get direct and first-hand evidence on the role played by international law in today's political arena. By sounding them out as thoroughly as the author and team of researchers did, it is now possible to shed some light on the role played by law and lawyers in foreign affairs. Part I of this essay will describe the role Legal Advisers' …

Controlling Congress: Presidential Influence In Domestic Fiscal Policy, Michael A. Fitts, Robert Inman

All Faculty Scholarship

No abstract provided.

'Peace: A Gift Of God, A Human Task': Toward A Liberation Theology For Northern Ireland, David Miles Moore

Honors Theses

PREFACE: I would have to cite the five months I spent in Cork, Ireland as the biggest motivating factor behind this paper. I knew next to nothing about Northern Ireland before this period. Soon after my arrival in Cork, however, I became fascinated with the socio-religious anomaly to the north of me. Since I became a religion major at Colby, I have always been interested in liberation theology. As I read about the poverty, injustice and violence that pervades Northern Ireland, I was reminded of the context in which Gustavo Gutierrez, Tissa Balasuriya, and Elsa Tamez write and live. The …

The Urban Crisis And The Federal Government's Retreat: Catalyzing Public Policy Choices To Save Our Cities, David R. Jones

Fordham Urban Law Journal

Sections of our cities have been abandoned to a host of poverty-related social ills whose causes have as much to do with the state of the national and regional economies, structural changes in the job market, and political decision-making as they have to do with individual life-histories and personal misfortune. Bleak outcomes are not inevitable and can be reversed by understanding why faulty policy options were adopted and what it will take to formulate new policies. This essay argues for the need of proactive solutions like in combating our urban povery problem by using, (1) a "Marshall Plan" for cities, …

Law, Order And Democracy: An Analysis Of The Judiciary In A Progressive State--The Saskatchewan Experience, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

Current legal debates on the Charter of Rights and Freedoms in Canada have focused on the apparent shift in the location of power from elected representatives to the judiciary since 1982. In this paper, I take an historical perspective on that issue. I will explore the relationship of political power, as exercised by the judiciary through the interpretation of legislation, with concepts of parliamentary supremacy in Saskatchewan during the fist half of this century.

The paper first describes the political character of the judiciary in Saskatchewan from 1905 until 1941, and then describes the political movements which gave rise to …