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Full-Text Articles in Law

Development Of The Right To Privacy In Montana Discourse And The Montana Constitution, Scott A. O'Donnell Jan 2024

Development Of The Right To Privacy In Montana Discourse And The Montana Constitution, Scott A. O'Donnell

Undergraduate Theses, Professional Papers, and Capstone Artifacts

No abstract provided.


Virginia Uranium, Inc. V. Warren, Nyles G. Greer Nov 2019

Virginia Uranium, Inc. V. Warren, Nyles G. Greer

Public Land & Resources Law Review

The Supreme Court of the United States recently ruled that the Atomic Energy Act did not preempt a Virginia law prohibiting uranium mining in the Commonwealth. The Court held that although the Act delegated substantial power over the nuclear life cycle to the Nuclear Regulatory Commission, it offered no indication that Congress sought to strip states of their traditional power to regulate mining on private lands within their borders.


American Legion V. American Humanist Association, Seth T. Bonilla Oct 2019

American Legion V. American Humanist Association, Seth T. Bonilla

Public Land & Resources Law Review

The separation of church and state is a key element of American democracy, but its interpretation has been challenged as the country grows more diverse. In American Legion v. American Humanist Association, the Supreme Court adopted a new standard to analyze whether a religious symbol on public land maintained by public funding violated the Constitution’s Establishment Clause.


Tohono O’Odham Nation V. City Of Glendale, 804 F.3d 1292 (9th Cir. 2015), Kathryn S. Ore Mar 2016

Tohono O’Odham Nation V. City Of Glendale, 804 F.3d 1292 (9th Cir. 2015), Kathryn S. Ore

Public Land & Resources Law Review

Tohono O’odham Nation v. City of Glendale is a reminder of the tension between state governments and the federal government. It also reflects continued unease with tribal gaming policies. The Ninth Circuit reiterated the longstanding federal preemption doctrine to override the State of Arizona and City of Glendale’s attempted circumvention of the Gila River Bend Indian Reservation Land Replacement Act. In doing so, the court prevented state legislation from undermining the Tohono O’odham Nation’s ability to obtain replacement lands for its reservation.