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Articles 1 - 30 of 39
Full-Text Articles in Law
Federal Preemption: A Roadmap For The Application Of Tribal Law In State Courts, Jackie Gardina
Federal Preemption: A Roadmap For The Application Of Tribal Law In State Courts, Jackie Gardina
American Indian Law Review
This article contends that state courts are not necessarily free to apply state law when the courts are exercising concurrent adjudicative jurisdiction with tribal courts. Instead, Indian law principles of preemption direct state courts to apply tribal law in certain cases. A guiding principle emerges from the preemption analysis: if a tribe has legislative jurisdication over the dispute, tribal law must ordinarily be applied. In these instances, a state's laws, including its choice-of-law rules, are preempted by federal common law because their application interferes with the federal government's and the tribes' interest in promoting tribal self-government, including the tribes' ability …
When Canons Go To War In Indian Country, Guess Who Wins? Barrett V. United States: Tax Canons And Canons Of Construction In The Federal Taxation Of American Indians, John Lentz
American Indian Law Review
No abstract provided.
The Conflict Between State Tests Of Tribal Entity Immunity And The Congressional Policy Of Indian Self-Determination, Aaron F.W. Meek
The Conflict Between State Tests Of Tribal Entity Immunity And The Congressional Policy Of Indian Self-Determination, Aaron F.W. Meek
American Indian Law Review
No abstract provided.
Just Say No (To American Capitalism): Why American Indians Should Reject The Model Tribal Secured Transactions Act And Other Attempts To Promote Economic Assimilation, Aaron Drue Johnson
Just Say No (To American Capitalism): Why American Indians Should Reject The Model Tribal Secured Transactions Act And Other Attempts To Promote Economic Assimilation, Aaron Drue Johnson
American Indian Law Review
No abstract provided.
Native Hawaiians And The Ceded Lands Trust: Applying Self-Determination As An Alternative To The Equal Protection Analysis, R. Hōkūlei Lindsey
Native Hawaiians And The Ceded Lands Trust: Applying Self-Determination As An Alternative To The Equal Protection Analysis, R. Hōkūlei Lindsey
American Indian Law Review
No abstract provided.
The Ninth Circuit Court Of Appeals' Enforcement Of The Fair Labor Standards Act In Solis V. Matheson: A Discussion Of Laws Of General Applicability And Their Impact On Tribal Sovereignty And Independence, Doug Nix
American Indian Law Review
No abstract provided.
Displacing The Judiciary: Customary Law And The Threat Of A Defensive Tribal Council: A Book Review Of Raymond D. Austin, Navajo Courts And Navajo Common Law: A Tradition Of Tribal Self-Governance (2009), Ezra Rosser
American Indian Law Review
No abstract provided.
Ada Lois Sipuel Fisher: How A Skinny Little Girl Took On The University Of Oklahoma And Helped Pave The Road To Brown V. Board Of Education, Cheryl B. Wattley
Ada Lois Sipuel Fisher: How A Skinny Little Girl Took On The University Of Oklahoma And Helped Pave The Road To Brown V. Board Of Education, Cheryl B. Wattley
Cheryl B. Wattley
No abstract provided.
The Dean Takes His Stand: Julian Monnet's 1912 Harvard Law Review Article Denouncing Oklahoma's Discriminatory Grandfather Clause, Harry F. Tepker Jr.
The Dean Takes His Stand: Julian Monnet's 1912 Harvard Law Review Article Denouncing Oklahoma's Discriminatory Grandfather Clause, Harry F. Tepker Jr.
Harry F. Tepker Jr.
No abstract provided.
Introduction To The Iachr Report On Indigenous And Tribal Peoples’ Rights Over Their Ancestral Lands And Natural Resources: Norms And Jurisprudence Of The Inter-American Human Rights System, Taiawagi Helton
Taiawagi Helton
No abstract provided.
Defining Indian Status For The Purpose Of Federal Criminal Jurisdiction, Katharine C. Oakley
Defining Indian Status For The Purpose Of Federal Criminal Jurisdiction, Katharine C. Oakley
American Indian Law Review
No abstract provided.
Values In Transition: The Chiricahua Apache From 1886-1914, John W. Ragsdale Jr.
Values In Transition: The Chiricahua Apache From 1886-1914, John W. Ragsdale Jr.
American Indian Law Review
Law confirms but seldom determines the course of a society. Values and beliefs, instead, are the true polestars, incrementally implemented by the laws, customs, and policies. The Chiricahua Apache, a tribal society of hunters, gatherers, and raiders in the mountains and deserts of the Southwest, were squeezed between the growing populations and economies of the United States and Mexico. Raiding brought response, reprisal, and ultimately confinement at the loathsome San Carlos Reservation. Though most Chiricahua submitted to the beginnings of assimilation, a number of the hardiest and least malleable did not. Periodic breakouts, wild raids through New Mexico and Arizona, …
Wind-Energy Ventures In Indian Country: Fashioning A Functional Problem, Crystal D. Masterson
Wind-Energy Ventures In Indian Country: Fashioning A Functional Problem, Crystal D. Masterson
American Indian Law Review
No abstract provided.
Contractor Beware—Increased Damages Ahead: The Tenth Circuit Predicts That Oklahoma Would Allow New Businesses To Recover Lost Profits In Specialty Beverages, L.L.C. V. Pabst Brewing Co., Brandon M. Watson
Oklahoma Law Review
No abstract provided.
The Evolution Of The Applicability Of Erisa To Indian Tribes: We May Finally Have Congressional Intent, But It's Still Flawed, Alicia K. Crawford
The Evolution Of The Applicability Of Erisa To Indian Tribes: We May Finally Have Congressional Intent, But It's Still Flawed, Alicia K. Crawford
American Indian Law Review
No abstract provided.
Another Blow To Tribal Sovereignty: A Look At Cross-Jurisdictional Law-Enforcement Agreements Between Indian Tribes And Local Communities, Andrew G. Hill
Another Blow To Tribal Sovereignty: A Look At Cross-Jurisdictional Law-Enforcement Agreements Between Indian Tribes And Local Communities, Andrew G. Hill
American Indian Law Review
No abstract provided.
Worcester V. Georgia: A Breakdown In The Separation Of Powers, Matthew L. Sundquist
Worcester V. Georgia: A Breakdown In The Separation Of Powers, Matthew L. Sundquist
American Indian Law Review
No abstract provided.
Blackstone's Ninth Amendment: A Historical Common Law Baseline For The Interpretation Of Unenumerated Rights, Jeffrey D. Jackson
Blackstone's Ninth Amendment: A Historical Common Law Baseline For The Interpretation Of Unenumerated Rights, Jeffrey D. Jackson
Oklahoma Law Review
No abstract provided.
Closing Loopholes Or Creating More? Why A Narrow Application Of Sorna Threatens To Defeat The Statute’S Purpose, Terra R. Lord
Closing Loopholes Or Creating More? Why A Narrow Application Of Sorna Threatens To Defeat The Statute’S Purpose, Terra R. Lord
Oklahoma Law Review
No abstract provided.
The New Calculus Of Punitive Damages For Employment Discrimination Cases, Sandra Sperino
The New Calculus Of Punitive Damages For Employment Discrimination Cases, Sandra Sperino
Oklahoma Law Review
No abstract provided.
Protecting The Good-Faith Tenant: Enforcing Retaliatory Eviction Laws By Broadening The Residential Tenant's Options In Summary Eviction Courts, Lauren A. Lindsey
Protecting The Good-Faith Tenant: Enforcing Retaliatory Eviction Laws By Broadening The Residential Tenant's Options In Summary Eviction Courts, Lauren A. Lindsey
Oklahoma Law Review
No abstract provided.
Sprint/United Management Co. V. Mendelsohn: Tenth Circuit Employment Law Remains In “Me Too” Limbo, Emily D. Wilson
Sprint/United Management Co. V. Mendelsohn: Tenth Circuit Employment Law Remains In “Me Too” Limbo, Emily D. Wilson
Oklahoma Law Review
No abstract provided.
Human Capital And Transfer Taxation, Kerry A. Ryan
Human Capital And Transfer Taxation, Kerry A. Ryan
Oklahoma Law Review
No abstract provided.
The Dean Takes His Stand: Julien Monnet’S 1912 Harvard Law Review Article Denouncing Oklahoma’S Discriminatory Grandfather Clause, Harry F. Tepker Jr.
The Dean Takes His Stand: Julien Monnet’S 1912 Harvard Law Review Article Denouncing Oklahoma’S Discriminatory Grandfather Clause, Harry F. Tepker Jr.
Oklahoma Law Review
No abstract provided.
Game Over? Why Recent State Supreme Court Decisions Should End The Attempted Expansion Of Public Nuisance Law, Victor E. Schwartz, Phil Goldberg, Corey Schaecher
Game Over? Why Recent State Supreme Court Decisions Should End The Attempted Expansion Of Public Nuisance Law, Victor E. Schwartz, Phil Goldberg, Corey Schaecher
Oklahoma Law Review
No abstract provided.
Enfeebling The Ada: The Ada Amendments Act Of 2008, Jeffrey D. Jones
Enfeebling The Ada: The Ada Amendments Act Of 2008, Jeffrey D. Jones
Oklahoma Law Review
No abstract provided.
The Latest Phase Of Negro Disfranchisement [1912 Reprint From The Harvard Law Review], Julien C. Monnet
The Latest Phase Of Negro Disfranchisement [1912 Reprint From The Harvard Law Review], Julien C. Monnet
Oklahoma Law Review
No abstract provided.
Cutting The Fat Out Of Health-Care Costs: Why Medicare And Medicaid Write-Offs Should Not Be Recoverable Under Oklahoma’S Collateral Source Rule, Michael W. Cromwell
Cutting The Fat Out Of Health-Care Costs: Why Medicare And Medicaid Write-Offs Should Not Be Recoverable Under Oklahoma’S Collateral Source Rule, Michael W. Cromwell
Oklahoma Law Review
No abstract provided.
A Misguided Reversal: Why The Oklahoma Supreme Court Should Not Have Interpreted Saint V. Data Exchange, Inc. To Provide A Burk Tort Cause Of Action To Plaintiffs Alleging Age Discrimination In Employment, Katherine R. Morelli
Oklahoma Law Review
No abstract provided.