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Articles 31 - 57 of 57
Full-Text Articles in Law
“Touching The Concerns” Of Kiobel: Corporate Liability And Jurisdictional Remedies In Response To Kiobel Vs. Royal Dutch Petroleum, Chinyere Kimberly Ikegbunam
“Touching The Concerns” Of Kiobel: Corporate Liability And Jurisdictional Remedies In Response To Kiobel Vs. Royal Dutch Petroleum, Chinyere Kimberly Ikegbunam
American Indian Law Review
No abstract provided.
The History, Status, And Future Of Tribal Self-Governance Under The Indian Self-Determination And Education Assistance Act, Geoffrey D. Strommer, Stephen D. Osborne
The History, Status, And Future Of Tribal Self-Governance Under The Indian Self-Determination And Education Assistance Act, Geoffrey D. Strommer, Stephen D. Osborne
American Indian Law Review
This year marks the 40th anniversary of the Indian Self-Determination and Education Assistance Act of 1975 (ISDEAA), a cornerstone of modern federal Indian policy. In 1988, amendments to the ISDEAA created the Tribal Self-Governance Demonstration Project. By providing a statutory basis for the broader movement of tribal self-governance, this legislation recognized and advanced the proposition that Indian tribes can provide better governmental services to their own members than can distant federal bureaucracies. Expanded and refined in subsequent legislation in 1994 and 2000, the Self-Governance Policy has proven so successful that today over 50% of all federal Indian programs are carried …
Let's Reinvent The Wheel: The Internet As A Means Of Interstate Commerce In United States V. Kieffer, Valeria G. Luster
Let's Reinvent The Wheel: The Internet As A Means Of Interstate Commerce In United States V. Kieffer, Valeria G. Luster
Oklahoma Law Review
No abstract provided.
A Failure Of Substance And A Failure Of Process: The Circular Odyssey Of Oklahoma's Corporate Law Amendments In 2010, 2012, And 2013, Steven J. Cleveland
A Failure Of Substance And A Failure Of Process: The Circular Odyssey Of Oklahoma's Corporate Law Amendments In 2010, 2012, And 2013, Steven J. Cleveland
Oklahoma Law Review
No abstract provided.
Windustry And The Accommodation Doctrine: Should Oklahoma Follow In The Steps Of The Lone Star State?, Chantel P. James
Windustry And The Accommodation Doctrine: Should Oklahoma Follow In The Steps Of The Lone Star State?, Chantel P. James
Oklahoma Law Review
No abstract provided.
Falling Off Balance: How The Tenth Circuit’S Stance On The Implementation Of A Balancing Test Undermines Congressional Intent In Regard To Extending Sovereign Immunity To Economic Entities Of A Tribe, Robert Thomas Redwine
Falling Off Balance: How The Tenth Circuit’S Stance On The Implementation Of A Balancing Test Undermines Congressional Intent In Regard To Extending Sovereign Immunity To Economic Entities Of A Tribe, Robert Thomas Redwine
American Indian Law Review
No abstract provided.
The Obese And The Elite: Using Law To Reclaim School Sports, Dionne L. Koller
The Obese And The Elite: Using Law To Reclaim School Sports, Dionne L. Koller
Oklahoma Law Review
Sports in schools are a uniquely American phenomenon. Athletic programs flourish in high schools, colleges, and universities with traditionally very little interference by legislatures or courts. The most notable, if not limited, exception to this deference is Title IX of the Civil Rights Act of 1964 (Title IX), which prohibits educational institutions receiving federal financial assistance from discriminating on the basis of gender. As applied to athletic programs, Title IX is often cited as a public policy success. The law has led to the creation of meaningful sports participation opportunities for women and girls and shaped new norms for sports …
Making Indigenous Self-Determination Work: What The Nation Building Principles And Three Case Studies From Chile Teach Us About Implementing Indigenous Human Rights, Laura M. Seelau, Ryan Seelau
Making Indigenous Self-Determination Work: What The Nation Building Principles And Three Case Studies From Chile Teach Us About Implementing Indigenous Human Rights, Laura M. Seelau, Ryan Seelau
American Indian Law Review
No abstract provided.
Tribal Courts, Non-Indians, And The Right To An Impartial Jury After The 2013 Reauthorization Of Vawa, Cynthia Castillo
Tribal Courts, Non-Indians, And The Right To An Impartial Jury After The 2013 Reauthorization Of Vawa, Cynthia Castillo
American Indian Law Review
No abstract provided.
The Case: Chae Chan Ping V. United States, 130 U.S. 151 (1889)
The Case: Chae Chan Ping V. United States, 130 U.S. 151 (1889)
Oklahoma Law Review
No abstract provided.
Does Anyone Have “Actual Knowledge” Of What Effects The Cape Town Treaty Has Had On The Application Of Philko Aviation, Inc. V. Shacket?, Kaitlyn E. Schrick
Does Anyone Have “Actual Knowledge” Of What Effects The Cape Town Treaty Has Had On The Application Of Philko Aviation, Inc. V. Shacket?, Kaitlyn E. Schrick
Oklahoma Law Review
No abstract provided.
Scalia’S Short Reply To 125 Years Of Plenary Power, Michael Scaperlanda
Scalia’S Short Reply To 125 Years Of Plenary Power, Michael Scaperlanda
Oklahoma Law Review
With its plenary power doctrine, the Supreme Court erred by rejecting the universal in favor of the particular. Liberal immigration theorists, on the other hand, make the opposite error by rejecting the particular in favor of the universal. Drawing on classic international law publicists and the Catholic philosophical tradition, this essay argues that the two concepts—the state’s greater duty toward its own citizens (the particular) and equal dignity and worth of all human beings (the universal)—go hand in hand: complementing each other and giving the state a qualified right to limit immigration along with a qualified duty to admit vulnerable …
Immigration In The Supreme Court, 2009-13: A New Era Of Immigration Law Unexceptionalism, Kevin R. Johnson
Immigration In The Supreme Court, 2009-13: A New Era Of Immigration Law Unexceptionalism, Kevin R. Johnson
Oklahoma Law Review
No abstract provided.
Fair Use, Girl Talk, And Digital Sampling: An Empirical Study Of Music Sampling's Effect On The Market For Copyrighted Works, William M. Schuster Ii
Fair Use, Girl Talk, And Digital Sampling: An Empirical Study Of Music Sampling's Effect On The Market For Copyrighted Works, William M. Schuster Ii
Oklahoma Law Review
This Article presents an empirical study of digital sampling’s effect on the sales of copyrighted songs and how this effect should influence the fair use analysis. To conduct this research, a group of previously sampled songs was identified and sales information for these songs was collected. The over 350 songs sampled in musician Gregg Gillis’s (also known as Girl Talk’s) most recent album presents an ideal dataset because the album’s instantaneous popularity allows for its influence to be analyzed through a comparison of the sampled songs’ sales immediately before and after release. Collecting and comparing sales information for these songs …
A Tale Of Two Statutes: Zepeda And The Ninth Circuit’S Descent Into Jurisdictional Madness, Luke Emmer Miles
A Tale Of Two Statutes: Zepeda And The Ninth Circuit’S Descent Into Jurisdictional Madness, Luke Emmer Miles
American Indian Law Review
No abstract provided.
Letting One Fly Over The Cuckoo's Nest: Why Automatic Reversal Is The Only Effective Remedy For Denial Of Counsel At A Mental Competency Hearing, Jenny Fehring
Oklahoma Law Review
No abstract provided.
Calling A Spade A Spade: Understanding Sex Offender Registration As Punishment And Implications Post-Starkey, Alex Duncan
Calling A Spade A Spade: Understanding Sex Offender Registration As Punishment And Implications Post-Starkey, Alex Duncan
Oklahoma Law Review
No abstract provided.
Don't Tell Your Boss? Blowing The Whistle On The Fifth Circuit's Elimination Of Anti-Retaliation Protection For Internal Whistleblowers Under Dodd-Frank, Jeff Vogt
Oklahoma Law Review
No abstract provided.
Exposure Without Redress: A Proposed Remedial Tool For The Victimns Who Were Set Aside, Elizabeth T. Isaacs
Exposure Without Redress: A Proposed Remedial Tool For The Victimns Who Were Set Aside, Elizabeth T. Isaacs
Oklahoma Law Review
No abstract provided.
Give And Take? Procedure, Practicalities, And Policy In Naturalization Appellate Jurisdiction, Kelsey Frobisher
Give And Take? Procedure, Practicalities, And Policy In Naturalization Appellate Jurisdiction, Kelsey Frobisher
Oklahoma Law Review
No abstract provided.
A Sober Approach To Drugged Driving: Oklahoma’S Hb 1441 And The Role Of Courts, Blake Johnson
A Sober Approach To Drugged Driving: Oklahoma’S Hb 1441 And The Role Of Courts, Blake Johnson
Oklahoma Law Review
No abstract provided.
Recent Developments In Estoppel And Preclusion Doctrines In Consumer Bankruptcy Cases; Volume Ii Of Ii: Preclusion, Kevin M. Lewis, Paul M. Lopez, Scott Lawrence, Tim Springer
Recent Developments In Estoppel And Preclusion Doctrines In Consumer Bankruptcy Cases; Volume Ii Of Ii: Preclusion, Kevin M. Lewis, Paul M. Lopez, Scott Lawrence, Tim Springer
Oklahoma Law Review
No abstract provided.
Chae Chan Ping At 125: An Introduction, Kit Johnson
Chae Chan Ping At 125: An Introduction, Kit Johnson
Oklahoma Law Review
No abstract provided.
Why Immigration’S Plenary Power Doctrine Endures, David A. Martin
Why Immigration’S Plenary Power Doctrine Endures, David A. Martin
Oklahoma Law Review
The plenary power doctrine, traditionally traced to the Supreme Court’s decision in Chae Chan Ping, has persisted despite a steady and vigorous stream of scholarly criticism. This essay undertakes to explain why. First, the Court’s strong deference to the political branches does not derive from the concept of sovereignty. Justice Field’s opinion for the Court invoked sovereignty not to trump rights claims but to solve a federalism problem — structural reasoning that locates the immigration control power squarely in the federal government, though not explicitly enumerated in the Constitution. The Chae Chan Ping Court’s deference to the political branches instead …
Chae Chan Ping V. United States: Immigration As Property, Rose Cuison Villazor
Chae Chan Ping V. United States: Immigration As Property, Rose Cuison Villazor
Oklahoma Law Review
No abstract provided.
Elusive Equality: Reflections On Justice Field’S Opinions In Chae Chan Ping And Fong Yue Ting, Victor C. Romero
Elusive Equality: Reflections On Justice Field’S Opinions In Chae Chan Ping And Fong Yue Ting, Victor C. Romero
Oklahoma Law Review
No abstract provided.
“Vast Hordes . . . Crowding In Upon Us”: The Executive Branch’S Response To Mass Migration And The Legacy Of Chae Chan Ping, Margaret H. Taylor, Kit Johnson
“Vast Hordes . . . Crowding In Upon Us”: The Executive Branch’S Response To Mass Migration And The Legacy Of Chae Chan Ping, Margaret H. Taylor, Kit Johnson
Oklahoma Law Review
No abstract provided.