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Federalism And The State Recognition Of Native American Tribes: A Survey Of State-Recognized Tribes And State Recognition Processes Across The United States, Alexa Koenig, Jonathan Stein
Federalism And The State Recognition Of Native American Tribes: A Survey Of State-Recognized Tribes And State Recognition Processes Across The United States, Alexa Koenig, Jonathan Stein
Alexa Koenig
This article provides a national overview of the legal status of state-recognized American Indian tribes—tribes that have been recognized by their respective states, but not the federal government. Part One discusses how state recognition functions within our federalist system and why it is becoming increasingly important for states and tribes today. Part Two categorizes the various recognition schemes utilized by states into state law, administrative, legislative and executive recognition processes. Part Three provides a summary of the tribes recognized by each state, each state’s regulatory approach to tribal-state relations, and any state Indian reservations. Part Four concludes with a brief …
Towards An Explicit Balancing Inquiry: R.A.V. And Black Through The Lens Of Foreign Freedom Of Expression Jurisprudence , Matthew S. Melamed
Towards An Explicit Balancing Inquiry: R.A.V. And Black Through The Lens Of Foreign Freedom Of Expression Jurisprudence , Matthew S. Melamed
Matthew S Melamed
The article concerns the balancing inquiry that currently provides implicit structure to recent United States Supreme Court decisions concerning the constitutionality of laws banning cross burning, as exemplified in R.A.V. v. City of St. Paul and Virginia v. Black. Part I identifies the historical antipathy towards balancing inspired by the First Amendment, simultaneously considering the jurisprudential failure of First Amendment fundamentalism and the powerful ideological hold that it nevertheless still exerts. Part II briefly introduces the motivation and means by which the European Court of Human Rights and the Canadian Constitutional Court utilize explicit balancing tests in freedom of expression …