Law Commons^™

Oklahoma V. Castro-Huerta, United States Supreme Court, Brett Kavanaugh

US Government Documents related to Indigenous Nations

This United States (US) Supreme Court decision, argued April 27, 2022 and decided June 29, 2022 expanded the reach of state jurisdiction to allow for prosecution of crimes that occur on Indigenous land, regardless of whether or not a state is named as having such jurisdiction under US Public Law 280. In 2020, the US Supreme Court's decision on McGirt v. Oklahoma established that much of the eastern part of the state of Oklahoma is Indigenous land and therefore falls under either tribal jurisdiction or Federal jurisdiction. In 2015 Victor Manuel Castro-Huerta was charged and convicted of child neglect by …

Litigation, Legislation, And Love: The Comparative Efficacy Of Litigation And Legislation For The Expansion Of Lesbian, Gay, And Bisexual Civil Rights, Mallory Harrington

Honors College Theses

This research examines the comparative efficacy of federal appellate court decisions and federal legislation with regards to the furtherance of civil rights on the basis of sexual orientation. The research examines efficacy based upon the number of measures which have been implemented as well as the content of each measure. The research examines federal appellate and Supreme Court decisions, as well as adopted pieces of federal legislation since 1950. It also examines the likely causes of the disparities in efficacy that are indicated in this analysis. The findings of this research indicate that litigation has been much more effective at …

Opposition To Abortion, Then And Now: How Amicus Briefs Use Policy Frames In Abortion Litigation, Laura Moyer, Alyson Hendricks-Benton, Megan Balcom

Faculty Scholarship

Early in the debate over abortion, opposition to the procedure was primarily described in terms that reflected moral concerns about the protection of “the unborn.” Indeed, much of the media coverage and public discourse describing opposition to abortion since the time of Roe characterizes the movement as focused on securing rights for all human beings from the moment of conception (Huff 2014, 39). However, interviews with activists and movement leaders suggest that antiabortion groups have employed an array of public outreach strategies over time. As seen above, the former director of the antiabortion group National Right to Life …

Empty Chair At The Table: Bargaining, Costs And Litigation At The World Trade Organization, Felicia Anneita Grey

Graduate Program in International Studies Theses & Dissertations

This study examines the World Trade Organization (WTO) to test how, if at all, its Dispute Settlement Body (DSB) serves the needs of its members. More specifically, it probes why countries would join the institution, but do not use it if a trade dispute arises. To test this expectation, the study hypothesizes that exorbitant dispute settlement costs can inhibit litigation. This occurs, however, across all dyads and not just when developing and developed countries litigate.

The project uses mixed methods comprising an extensive form game, case studies and the information theory approach for comparative case analysis. The cases selected have …

Class Actions And The Counterrevolution Against Federal Litigation, Stephen B. Burbank, Sean Farhang

All Faculty Scholarship

In this article we situate consideration of class actions in a framework, and fortify it with data, that we have developed as part of a larger project, the goal of which is to assess the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we have documented how the Executive, Congress and the Supreme Court (wielding both judicial power under Article III of the Constitution and delegated legislative power under the Rules Enabling Act) fared in efforts to reverse or dull the effects of statutory and other incentives for …

The Subterranean Counterrevolution: The Supreme Court, The Media, And Litigation Retrenchment, Stephen B. Burbank, Sean Farhang

Sean Farhang

This article is part of a larger project to study the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we show how the Executive, Congress and the Supreme Court (wielding both judicial power under Article III of the Constitution and delegated legislative power under the Rules Enabling Act) fared in efforts to reverse or dull the effects of statutory and other incentives for private enforcement. An institutional perspective helps to explain the outcome we document: the long-term erosion of the infrastructure of private enforcement as a result of …

Class Actions And The Counterrevolution Against Federal Litigation, Stephen B. Burbank, Sean Farhang

Sean Farhang

In this article we situate consideration of class actions in a framework, and fortify it with data, that we have developed as part of a larger project, the goal of which is to assess the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we have documented how the Executive, Congress and the Supreme Court (wielding both judicial power under Article III of the Constitution and delegated legislative power under the Rules Enabling Act) fared in efforts to reverse or dull the effects of statutory and other incentives for …

The Subterranean Counterrevolution: The Supreme Court, The Media, And Litigation Retrenchment, Stephen B. Burbank, Sean Farhang

All Faculty Scholarship

This article is part of a larger project to study the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we show how the Executive, Congress and the Supreme Court (wielding both judicial power under Article III of the Constitution and delegated legislative power under the Rules Enabling Act) fared in efforts to reverse or dull the effects of statutory and other incentives for private enforcement. An institutional perspective helps to explain the outcome we document: the long-term erosion of the infrastructure of private enforcement as a result of …

Introduction To The Workplace Constitution From The New Deal To The New Right, Sophia Z. Lee

All Faculty Scholarship

Today, most American workers do not have constitutional rights on the job. As The Workplace Constitution shows, this outcome was far from inevitable. Instead, American workers have a long history of fighting for such rights. Beginning in the 1930s, civil rights advocates sought constitutional protections against racial discrimination by employers and unions. At the same time, a conservative right-to-work movement argued that the Constitution protected workers from having to join or support unions. Those two movements, with their shared aim of extending constitutional protections to American workers, were a potentially powerful combination. But they sought to use those protections to …

Mining, Uranium, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides an overview of uranium mining's role and influence in the American West with comparative information on uranium mining in foreign countries.

A Tea Party At The Hague?, Stephen B. Burbank

All Faculty Scholarship

In this article, I consider the prospects for and impediments to judicial cooperation with the United States. I do so by describing a personal journey that began more than twenty years ago when I first taught and wrote about international civil litigation. An important part of my journey has involved studying the role that the United States has played, and can usefully play, in fostering judicial cooperation, including through judgment recognition and enforcement. The journey continues but, today, finds me a weary traveler, more worried than ever about the politics and practice of international procedural lawmaking in the United States. …

A Global Convention On Choice Of Court Agreements, Ronald A. Brand

Articles

This article reviews the work of the Special Commission of the Hague Conference on Private International Law, which meet during the first nine days of December 2003 to consider a Draft Text on Choice of Court Agreements. Negotiations originally sought a rather comprehensive convention on jurisdiction and the recognition and enforcement of judgments, with a preliminary draft convention being prepared in October 1999, and further revised at the first part of a Diplomatic Conference in June 2001. When it became clear that some countries, particularly the United States, could not agree to the convention being considered, negotiations were redirected at …

Vultures Or Vanguards?: The Role Of Litigation In Sovereign Debt Restructuring, Jill E. Fisch, Caroline M. Gentile

All Faculty Scholarship

The market for sovereign debt differs from the market for corporate debt in several important ways including the risk of opportunistic default by sovereign debtors, the importance of political pressures, and the presence of international development organizations. Moreover, countries are subject to neither liquidation nor standardized processes of debt reorganization. Instead, negotiations between a sovereign debtor and its creditors lead to a voluntary restructuring of the sovereign's debt. One of the greatest difficulties in restructuring claims against sovereign debtors is balancing the interests of the majority of the creditors with those of minority creditors. Holdout creditors serve as a check …

Human Rights, Civil Wrongs And Foreign Relations: A "Sinical" Look At The Use Of U.S. Litigation To Address Human Rights Abuses Abroad, Jacques Delisle

All Faculty Scholarship

No abstract provided.

Bruce Lien Co. V. Three Affiliated Tribes, District Court Of North Dakota, Andrew W. Bogue

US Government Documents related to Indigenous Nations

This court case, decided on August 28, 1996, presented the problem of tribal council authority to enter the tribe into binding contracts. The disputing parties in this case entered a contract for co-operation of casino activities at Four Bears Motor Lodge while Wilbur Wilkinson was part of the Tribal Council. When the council changed leadership, the validity of the contract between Bruce Lien Co. and the Three Affiliated Tribes was challenged by the new leadership who alleged that Wilkinson did not have the authority to bind the Three Affiliated Tribes to the contract. Bruce Lien Co. felt they were entitled …

Duncan Energy V. Three Affiliated Tribes (1994), United States Court Of Appeals, Eighth Circuit

US Government Documents related to Indigenous Nations

This court case, decided on June 8, 1994, was the result of an appeal of an earlier decision made on September 28, 1992. This suit was initially filed by Duncan Energy (and others) who were operating oil and gas wells in the northeast quadrant of the Fort Berthold Reservation. They contended that the northeast quadrant of land was not part of the Reservation per the act of 1910 and as such they were not subject to taxation and employment ordinances set by the Three Affiliated Tribes. The 1992 ruling found that act of 1910 did not diminish the Reservation and …

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 …

Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell and Charles F. Wilkinson.

Boundaries and Water: Allocation and Use of a Shared Resource is the topic of the Center's annual summer program on water this June. Most of the major rivers in the western United States are shared between two or more states. Often tribal governments play an important role in water allocation and use decisions. International considerations also may be involved in some cases. These interjurisdictional issues extend to groundwater as well as surface water.

This conference will provide the …

Comparative Approaches To Groundwater Management, Robert D. Hayton

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

38 pages.

Ground Water Monitoring System And Procedures At Kin-Buc I Landfill Middlesex County New Jersey, Dan D. Raviv

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

37 pages (includes illustrations and map).

Agenda: Groundwater: Allocation, Development And Pollution, University Of Colorado Boulder. Natural Resources Law Center

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

Even before the [Natural Resources Law] Center was established [in the fall of 1981], the [University of Colorado] School of Law was organizing annual natural resources law summer short courses. To date four programs have been presented:

- July 1980: "Federal Lands, Laws and Policies-and the Development of Natural Resources"

- June 1981: "Water Resources Allocation: Laws and Emerging Issues"

- June 1982: "New Sources of Water for Energy Development and Growth: lnterbasin Transfers"

- June 1983: "Groundwater: Allocation; Development and Pollution"

(Reprinted from Resource Law Notes, no. 1, Jan. 1984, at 1.)

University of Colorado School of Law professors …

Authorizing The Assiniboine Tribe To File In The U.S. Court Of Claims Any Claims Against The United States For Damages For Delay In Payment Of Lands Claimed To Be Taken In Violation Of The U.S. Constitution, And For Other Purposes, United States Congress, Us Senate

US Government Documents related to Indigenous Nations

This report from the United States (US) Select Committee on Indian Affairs and the Committee on the Judiciary, dated June 25, 1980 was written to accompany US Senate Bill 1796 which authorized the Assiniboine tribe to seek damages for US constitutional violations and the delay of payment for taken lands. This report includes recommendations from the US assistant attorney general and proposed amendments for the bill. US Senate Bill 1796 became US Public Law 96-434 on October 10, 1980.

Authorizing The Blackfeet And Gros Ventre Tribes To File In The U.S. Court Of Claims Any Claims Against The United States For Damages For Delay In Payment Of Lands Claimed To Be Taken In Violation Of The U.S. Constitution, And For Other Purposes, United States Congress, Us Senate

US Government Documents related to Indigenous Nations

This report from the United States (US) Senate Select Committee on Indian Affairs and the Committee on the Judiciary, dated June 25, 1980 was written to accompany US Senate Bill 1795 which authorized the Blackfeet and Gros Ventre tribes to seek damages for US Constitutional violations and the delay of payment for taken lands. This report recommends an amendment to the language of US Senate Bill 1795. US Senate Bill 1795 became US Public Law 96-405 on October, 9, 1980.

United States Indian Claims Commission Final Report, United States Indian Claims Commission

US Government Documents related to Indigenous Nations

This document, dated September 30, 1978, is the final report of the United States (US) Indian Claims Commission which operated from 1946 to 1978. The Claims Commission served as an intermediary between Indigenous people in the United States and the US Court of Claims to help process the volume of claims filed against the United States. Following the “Indian Citizenship Act” (An Act to Authorize the Secretary of the Interior to Issue Certificates of Citizenship to Indians) in 1924, an increasing number of Indigenous people were filing suit with the Court of Claims over treaty violations and other grievances about …

War Department Civil Appropriation Bill, 1948, United States Congress, Us House Of Representatives

US Government Documents related to Indigenous Nations

This report from the United States (US) House Committee of Conference, dated July 26, 1947, was written to accompany US House Resolution 4002 which appropriated funds for the US War Department for fiscal year ending June 30, 1948. The report included an amendment pertaining to the relocation of the Three Affiliated Tribes of Fort Berthold Reservation due to the completion of the Garrison Dam flooding their homelands. The amendment states that the Three Affiliated Tribes may pursue legal action for additional damages incurred from the taking of their lands or for any treaty violations not adequately compensated for by the …

An Act To Create An Indian Claims Commission, To Provide For The Powers, Duties, And Functions Thereof, And For Other Purposes, United States Congress

US Government Documents related to Indigenous Nations

This United States (US) Public Law, also known as US Public Law 79-726, passed on August 13, 1946 to establish the Indian Claims Commission. The Claims Commission, which operated from 1946 to 1978, served as an intermediary between Indigenous people in the United States and the US Court of Claims to help process the volume of claims filed against the United States for treaty violations and other grievances related to the conduct of the US government.