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Full-Text Articles in Law

The Future Course Of The Winters Doctrine, Richard B. Collins Jan 1985

The Future Course Of The Winters Doctrine, Richard B. Collins

Publications

No abstract provided.


Indian Allotment Water Rights, Richard B. Collins Jan 1985

Indian Allotment Water Rights, Richard B. Collins

Publications

Allotted tribal lands create troublesome questions for western water lawyers. In this article the author reviews the history of basic Indian reservation water rights created by the Supreme Court's landmark decision in Winters v. United States. He then explains the disposition of those rights when reservation lands are allotted. Finally, he discusses the difficult issues that arise when allotted lands pass from the federal trust become subject to state law, and are transferred to non-Indians.


The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun Jan 1985

The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun

Publications

No abstract provided.


Can A Tribal Court Be Enjoined From Exercising Jurisdiction Over Nonmembers Of The Tribe?, Richard B. Collins Jan 1985

Can A Tribal Court Be Enjoined From Exercising Jurisdiction Over Nonmembers Of The Tribe?, Richard B. Collins

Publications

No abstract provided.


Are The Pueblo Indians Too "Civilized" For Federal Indian Law?, Richard B. Collins Jan 1985

Are The Pueblo Indians Too "Civilized" For Federal Indian Law?, Richard B. Collins

Publications

No abstract provided.


The Privilege Against Self-Incrimination In A Rescue Situation, William T. Pizzi Jan 1985

The Privilege Against Self-Incrimination In A Rescue Situation, William T. Pizzi

Publications

No abstract provided.


The Quest To Enforce The Old Promises: Indian Law In The Modern Era, Charles Wilkinson Jan 1985

The Quest To Enforce The Old Promises: Indian Law In The Modern Era, Charles Wilkinson

Publications

No abstract provided.


Can An Indian Tribe Recover Land Illegally Taken In The Seventeenth Century?, Richard B. Collins Jan 1985

Can An Indian Tribe Recover Land Illegally Taken In The Seventeenth Century?, Richard B. Collins

Publications

No abstract provided.


The Formulaic Constitution, Robert F. Nagel Jan 1985

The Formulaic Constitution, Robert F. Nagel

Publications

The Supreme Court's constitutional jurisprudence of late has been filled with formulae - tests that must be met, hurdles that must be overcome. This multi-pronged analytical technique is, according to Professor Nagel, distancing the Justices from both their audience, the American public, and their text, the Constitution. In an effort to retain the authority of that text, the Court is instead displacing it; in an effort to persuade that audience, the Court is instead excluding it. Furthermore, the Court's attempt to constrain judges has actually created an irresponsible judicial freedom, while its attempt to locate a middle ground between the …


Rules And Standards, Pierre Schlag Jan 1985

Rules And Standards, Pierre Schlag

Publications

No abstract provided.