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Articles 1 - 11 of 11
Full-Text Articles in Law
An Act To Regulate Gaming On Indian Lands, United States Congress
An Act To Regulate Gaming On Indian Lands, United States Congress
US Government Documents related to Indigenous Nations
This act, dated October 17, 1988, also known as United States Public Law 100-497, and popularly known as the Indian Gaming Regulatory Act, was enacted to provide a statutory basis for the operation and regulation of tribal gaming, and to declare the need for the establishment of independent Federal regulatory authority, Federal standards for gaming on Indian lands, and a National Indian Gaming Commission, in order to meet congressional concerns regarding gaming and to protect such gaming as a means of generating tribal revenue.
Approaching The Constitution, Don Herzog
Approaching The Constitution, Don Herzog
Reviews
These are sumptuously produced, oversized volumes: one pictures them, as I suspect some shrewd accountant at the press did, decorating the shelves of lawyers' offices. Their pages are crammed full of primary texts, two columns on each page, in an alarmingly small but somehow readable typeface. Some texts are bare snippets; others wind on luxuriantly for many pages. The editors have set a cutoff point: no text from after 1835 appears. Like much else about these volumes, that decision reflects a set of theoretical commitments about the Constitution that I want to question. Not that these volumes are explicitly cast …
Reopening The Fair Gate, Toshihiro Tanioka
Reopening The Fair Gate, Toshihiro Tanioka
History Theses & Dissertations
On July 27, 1952, the Congress of the United States of America passed, over President Harry s. Truman's veto, the Immigration and Nationality Act of 1952, more commonly known as the McCarran-Walter Act. The act codified almost all existing laws relative to immigration and naturalization and newly incorporated more strict exclusion provisions.
This paper analyzes the legislative process from the passage of the act in 1952 to its major revision in 1965. The paper analyzes that the act was a mere reaffirmation of the pre-war immigration policy and thus not reappraisal or reformation in the drastically changed world milieu. The …
The Army's Command Sergeant Major Problem, John C. Bahnsen, James W. Bradin
The Army's Command Sergeant Major Problem, John C. Bahnsen, James W. Bradin
The US Army War College Quarterly: Parameters
No abstract provided.
Eminent Domain Law, Riparian Doctrine, And Early American Land Settlement: An Evolutionary History Of Vested Property Rights From The Late 18th Through The 19th Century, Scott Beckstead
Undergraduate Honors Capstone Projects
This paper is an effort to present a synopsis of the jurisprudence of eminent domain law and riparian doctrine and their place in the history of American property law. Both areas are vast and complicated bodies of law, and both are still undergoing scrutiny and change. We therefore will concentrate on those cases and doctrines that culminated in the eminent domain jurisprudence of the early West. In the context of early American land settlement and development, the paper will define what is known among legal and historical scholars as "takings," expounding on different aspects of that concept. We will examine …
Nonpublication In The United States District Courts: Official Criteria Versus Inferences From Appellate Review, Donald R. Songer
Nonpublication In The United States District Courts: Official Criteria Versus Inferences From Appellate Review, Donald R. Songer
Faculty Publications
No abstract provided.
Presidential Influence On Congressional Appropriations Decisions, D.Roderick Kiewiet, Mathew D. Mccubbins
Presidential Influence On Congressional Appropriations Decisions, D.Roderick Kiewiet, Mathew D. Mccubbins
Faculty Scholarship
We investigate the extent to which possession of the veto allows the president to influence congressional decisions regarding regular annual appropriations legislation. The most important implication of our analysis is that the influence the veto conveys is asymmetrical: it allows the president to restrain Congress when he prefers to appropriate less to an agency than Congress does; it does not provide him an effective means of extracting higher appropriations from Congress when he prefers to spend more than it does. This asymmetry derives from constitutional limitations on the veto, in combination with the presence of a de facto reversionary expenditure …
Lessons Of The Iran-Contra Affair: Are They Being Taught?, Philip C. Bobbitt
Lessons Of The Iran-Contra Affair: Are They Being Taught?, Philip C. Bobbitt
Faculty Scholarship
The issues I am going to talk about today vary from the very straightforward to the somewhat complicated. One thing ties them together – my dismay at how little the fundamental constitutional issues of the Iran-contra affair seem to have been brought to the surface, either by the hearings, or by the commentary in the press, or even by the schools that led us to this affair in the first place.
I want to talk about three issues which represent the failure of civics education in this country. The three questions are: 1) what is wrong with pursuing secret …
Unger's Philosophy: A Critical Legal Study, William Ewald
Unger's Philosophy: A Critical Legal Study, William Ewald
All Faculty Scholarship
Of all the scholars associated with the Critical Legal Studies movement, none has garnered greater attention or higher praise than Roberto Unger of Harvard Law School. In this Article, William Ewald argues that Professor Unger's reputation as a brilliant philosopher of law is undeserved. Despite the seeming erudition of his books, Professor Unger's work displays little familiarity with the basic philosophical literature, and the philosophical, legal, and political analysis in those works-in particular, the celebrated critique of liberalism in Knowledge and Politics-is so riddled with logical and historical errors as to be unworthy of serious scholarly attention.
Treating Crazy People Less Specially, Stephen J. Morse
Treating Crazy People Less Specially, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
The Federalist's Plain Meaning: Reply To Tushnet, Anita L. Allen
The Federalist's Plain Meaning: Reply To Tushnet, Anita L. Allen
All Faculty Scholarship
No abstract provided.