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Full-Text Articles in Law
The Gatehouses & Mansions: Fifty Years Later, Alexa Koenig, Richard Leo
The Gatehouses & Mansions: Fifty Years Later, Alexa Koenig, Richard Leo
Alexa Koenig
In 1965, Yale Kamisar authored “Equal Justice in the Gatehouses and Mansions of American Criminal Procedure,” an article that would come to have an enormous impact on the development of criminal procedure and American norms of criminal justice. Today, that article is a seminal work of scholarship, hailed for “playing a significant part in producing some of the [Warren] Court’s most important criminal- procedure decisions” (White 2003-04), including Miranda v. Arizona. The most influential concept Kamisar promoted may have been his recognition of a gap that loomed between the Constitutional rights actualized in mansions (courts) versus gatehouses (police stations). Kamisar …
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 …
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
Alexa Koenig
Federalism and the State Recognition of Native American Tribes provides an overview of the legal status of state-recognized Native American tribes—tribes that have been recognized by their respective states, but not the federal government. In the article, the authors discuss how state recognition functions within our federalist system and why state recognition has become increasingly important for states and tribes. The authors also categorize the various recognition schemes utilized by states into state law, administrative, legislative and executive recognition processes. Further, the authors provide a summary of the tribes recognized by each state and each state’s regulatory approach to tribal-state …