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Articles 1 - 13 of 13
Full-Text Articles in Law
Privacy Doesn't Exist In A Vacuum, Dawinder S. Sidhu
Privacy Doesn't Exist In A Vacuum, Dawinder S. Sidhu
Faculty Scholarship
No abstract provided.
We Don't Need A "Right To Be Forgotten." We Need A Right To Evolve, Dawinder S. Sidhu
We Don't Need A "Right To Be Forgotten." We Need A Right To Evolve, Dawinder S. Sidhu
Faculty Scholarship
The sad symptom of a judgmental culture
Why The Supreme Court Beard Case Matters, Dawinder S. Sidhu
Why The Supreme Court Beard Case Matters, Dawinder S. Sidhu
Faculty Scholarship
No abstract provided.
How Serious Is The Supreme Court About Religious Freedom?, Dawinder S. Sidhu
How Serious Is The Supreme Court About Religious Freedom?, Dawinder S. Sidhu
Faculty Scholarship
A new case will test whether the justices' defense of conscience in Hobby Lobby applies to minority religions like Muslims, or just to Christians.
10 Reasons Preet Bharara Should Be The Next Attorney General, Dawinder S. Sidhu
10 Reasons Preet Bharara Should Be The Next Attorney General, Dawinder S. Sidhu
Faculty Scholarship
No abstract provided.
A Framework For Understanding Tribal Courts And The Application Of Fundamental Law: Through The Voices Of Scholars In The Field Of Tribal Justice, April L. Wilkinson, Kiowa Tribe Of Oklahoma
A Framework For Understanding Tribal Courts And The Application Of Fundamental Law: Through The Voices Of Scholars In The Field Of Tribal Justice, April L. Wilkinson, Kiowa Tribe Of Oklahoma
Tribal Law Journal
Through an examination of scholarly articles, this paper examines traditional tribal justice systems set in tribal communities in an effort to establish a framework for understanding tribal courts and the unique challenges they face. The research presented describes a spectrum of traditional aspects within tribal courts, and analyzes the impact that changing social dynamics have had on the tribal court construct. A rigorous review of available research concerning traditional tribal courts showed scholars repeatedly arguing that traditional law, also called fundamental law, which existed before Western style courts, exists beyond the tribal court setting and is fundamental to a tribal …
She Saves Us From Monsters: The Navajo Creation Story And Modern Tribal Justice, Heidi J. Todacheene
She Saves Us From Monsters: The Navajo Creation Story And Modern Tribal Justice, Heidi J. Todacheene
Tribal Law Journal
The goal of this paper is to attempt to provide a general social and political framework of the Navajo tribe using the creation story and journey narrative. This will provide a comprehensive insight into the history and modern functioning of the tribe for someone who may not understand traditional Navajo thought. Modern legal cases have been integrated into this paper to demonstrate how Navajo courts use and preserve traditional concepts in current legal analysis. This paper will try to convey a traditional Navajo perspective whose ideology is deeply rooted in the creation story and illustrated through the Holy Beings, especially …
Fond Du Lac Band Of Lake Superior Chippewa V. Frans: An Examination Of State Taxation Of Off-Reservation, Out-Of-State Tribal Member Income, Christopher A. Dodd
Fond Du Lac Band Of Lake Superior Chippewa V. Frans: An Examination Of State Taxation Of Off-Reservation, Out-Of-State Tribal Member Income, Christopher A. Dodd
Tribal Law Journal
This article analyzes the propriety of state taxation of tribal members’ out-of-state, off-reservation income through a critical examination of Fond du Lac Band of Lac Superior Band of Chippewa v. Frans, 649 F.3d 849 (8th Cir. 2011). The article argues that Judge Murphy’s dissent in the case provided the correct analysis—that state taxation of out-of-state, off-reservation tribal member income is improper when the tribal member resides on tribal land and the only nexus between the state and the taxed income is the tribal member’s state citizenship. The article explains that by granting citizenship to tribal members with the Indian Citizenship …
The Seminole Way: The Path To The 2011 Reestablishment Of The Seminole Nation Of Oklahoma Tribal Court System, John Haney
Tribal Law Journal
This article will examine the Seminole Nation of Oklahoma’s path from the federal dismantling of the Seminole Nation tribal court system upon the statehood of Oklahoma in 1906 to the Seminole Nation’s reestablishment of its tribal court system in 2011. This article will also explore the Seminole Nation’s methods of integrating tribal tradition and custom into the Seminole tribal court system, and will also present the many challenges that exist in developing an efficient and sustainable tribal justice system. The article will demonstrate that the Seminole Nation’s persisting determination to reestablish its judicial authority stems from the desire to maximize …
Legal Education At A Crossroads: Innovation, Integration, And Pluralism Required!, Antoinette M. Sedillo Lopez, Robert F. Seibel, Peggy Maisel, Karen Tokarz
Legal Education At A Crossroads: Innovation, Integration, And Pluralism Required!, Antoinette M. Sedillo Lopez, Robert F. Seibel, Peggy Maisel, Karen Tokarz
Faculty Scholarship
We conclude in this Article that expanded practice-based, experiential education will provide foundational learning for the successful transition from law student to law practice, and that clinical education (in-house clinics, hybrid clinics, and externships) is crucial to the preparation of competent, ethical law graduates who are "ready to become professionals." We urge law schools to require each graduate complete a minimum of twenty-one experiential course credits over the three years of law school, including at least five credits in law clinics or externships. Twenty-one required credits (or roughly 25 percent of the eighty-three required credits for graduation from an American …
Judicial Modesty In The Wartime Context, Dawinder S. Sidhu
Judicial Modesty In The Wartime Context, Dawinder S. Sidhu
Faculty Scholarship
“The most important thing we do is not doing,” Justice Louis D. Brandeis noted of the Supreme Court. At the height of the Civil War, the Supreme Court in Roosevelt v. Meyer claimed that it could not review, and therefore let stand, a state court decision upholding the Legal Tender Act (“Act”), a critical wartime measure designed to stabilize the Union economy and fund the Union’s war efforts. In this essay, I suggest that this oft-overlooked case warrants the legal community’s consideration because it implicates a question fundamental to our constitutional system: should the courts decline judicial review—or, “not do”—in …
Name Narratives: A Tool For Examining And Cultivating Identify, Margaret E. Montoya, Irene Morris Vasquez, Diana V. Martinez
Name Narratives: A Tool For Examining And Cultivating Identify, Margaret E. Montoya, Irene Morris Vasquez, Diana V. Martinez
Faculty Scholarship
This paper uses Critical Race Theory and LatCrit terminology, analytical approaches, and discursive conventions, including autobiographical narratives. From their inception, names are embedded with meaning and coded with identity, and over time, they become layered with nuance and memory. We divide this article into three sections, Part I is a brief overview of recent commentaries in newspapers and public radio related to names, particularly as they pertain to identity and specifically to Latinas/os. Part II is a description of how Professor Irene Vasquez has used Name Narratives in the undergraduate classroom to help students deepen their understanding of their cultural …
The Story Behind A Letter In Support Of Professor Derrick Bell, Margaret E. Montoya
The Story Behind A Letter In Support Of Professor Derrick Bell, Margaret E. Montoya
Faculty Scholarship
Jointly authored with Cheryl Nelson Butler, Sherrilyn Ifill, Suzette Malveaux, Natsu Taylor Saito, Nareissa L. Smith and Tanya Washington. Professor Derrick A. Bell, Jr. had a long and proud history of disturbing authority. He is widely noted as one of the founders of Critical Race Theory. His scholarship on race was not only a direct challenge to the traditionally conservative legal academy, but also to the more liberal bastions within the academy, such as the Critical Legal Studies movement. His writings about the role of race in American law have made him one of the most prominent legal scholars of …