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Articles 1 - 17 of 17
Full-Text Articles in Law
Territory, Wilderness, Property, And Reservation: Land And Religion In Native American Supreme Court Cases, Kathleen Sands
Territory, Wilderness, Property, And Reservation: Land And Religion In Native American Supreme Court Cases, Kathleen Sands
American Indian Law Review
In two trilogies of Supreme Court Decisions, both involving Native Americans, land is a key metaphor, figuring variously as property, territory, wilderness, and reservation. The first trilogy, written by Chief Justice John Marshall, comprises Johnson v. M'Intosh (1823), Cherokee Nation v. Georgia (1831), and Worcester v. Georgia (1832). The second trilogy concerns Native American claims for religious freedom under the First Amendment and includes Bowen v. Roy (1986), Lyng v. Northwest Cemetery Protective Association (1988), and Employment Division of Oregon v. Smith (1990). The Marshal cases attempted to legitimate the transformation of land from wilderness to territory and property, and …
United States V. Hatahley: A Legal Archaeology Case Study In Law And Racial Conflict, Debora L. Threedy
United States V. Hatahley: A Legal Archaeology Case Study In Law And Racial Conflict, Debora L. Threedy
American Indian Law Review
This article is a case study of United States v. Hatahley using the methodology of "legal archaeology" to reconstruct the historical, social, and economic context of the litigation. In 1953, a group of individual Navajos brought suit under the Federal Tort Claims Act for the destruction of over one hundred horses and burros. The first section of the article presents two contrasting narratives for the case. The first relates what we know about the case from the reported opinions, while the second locates the litigated case within the larger social context by examining the parties, the history of incidents culminating …
Bittle V. Bahe: A Drunken Mistake, Brian Alan Burget
Bittle V. Bahe: A Drunken Mistake, Brian Alan Burget
American Indian Law Review
No abstract provided.
Formalism And Judicial Supremacy In Federal Indian Law, Alex Tallchief Skibine
Formalism And Judicial Supremacy In Federal Indian Law, Alex Tallchief Skibine
American Indian Law Review
No abstract provided.
"The Stepford Justices": The Need For Experiential Diversity On The Roberts Court, Timothy P. O'Neill
"The Stepford Justices": The Need For Experiential Diversity On The Roberts Court, Timothy P. O'Neill
Oklahoma Law Review
No abstract provided.
"Watch Your Six": An Indian Nation Judge's View Of 25 Years Of Indian Law, Where We Are And Where We Are Going, Robert Yazzie
"Watch Your Six": An Indian Nation Judge's View Of 25 Years Of Indian Law, Where We Are And Where We Are Going, Robert Yazzie
American Indian Law Review
No abstract provided.
City Of Boerne V. Flores Wrecks Rfra: Searching For Nuggets Among The Rubble, John Gatliff
City Of Boerne V. Flores Wrecks Rfra: Searching For Nuggets Among The Rubble, John Gatliff
American Indian Law Review
No abstract provided.
The United States Supreme Court And American Indian Tribal Sovereignty (Review Of American Indian Sovereignty And The U.S. Supreme Court: The Masking Of Justice By David E. Wilkins), Richard J. Ansson Jr.
The United States Supreme Court And American Indian Tribal Sovereignty (Review Of American Indian Sovereignty And The U.S. Supreme Court: The Masking Of Justice By David E. Wilkins), Richard J. Ansson Jr.
American Indian Law Review
No abstract provided.
Juries And Jurors: Juries On Trial: Constitutional Right Versus Judicial Burden: An Analysis Of Jury Effectiveness And Alternative Methods For Deciding Cases, Matthew Forbes
Oklahoma Law Review
No abstract provided.
Lien Avoidance On Exemptions: The False Controversy Over Opt-Out, Lawrence Kalevitch
Lien Avoidance On Exemptions: The False Controversy Over Opt-Out, Lawrence Kalevitch
Oklahoma Law Review
No abstract provided.
Constitutional Law: Can Music Be Considered Obscene? Skyywalker Records, Inc. V. Navarro: The 2 Live Crew, Obscene Or Oppressed?, Kirk A. Olson
Constitutional Law: Can Music Be Considered Obscene? Skyywalker Records, Inc. V. Navarro: The 2 Live Crew, Obscene Or Oppressed?, Kirk A. Olson
Oklahoma Law Review
No abstract provided.
The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus
The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus
Oklahoma Law Review
No abstract provided.
The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus
The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus
Oklahoma Law Review
No abstract provided.
The Supreme Court, Tribal Sovereignty, And Continuing Problems Of State Encroachment Into Indian Country, Clifford M. Lytle
The Supreme Court, Tribal Sovereignty, And Continuing Problems Of State Encroachment Into Indian Country, Clifford M. Lytle
American Indian Law Review
No abstract provided.
Water Rights: The Mccarren Amendment And Indian Tribes' Reserved Water Rights, Elizabeth Mccallister
Water Rights: The Mccarren Amendment And Indian Tribes' Reserved Water Rights, Elizabeth Mccallister
American Indian Law Review
No abstract provided.
Constitutional Law: First Amendment Rights: Goodbye To Free Student Press?, Deborah Jane Clarke
Constitutional Law: First Amendment Rights: Goodbye To Free Student Press?, Deborah Jane Clarke
Oklahoma Law Review
No abstract provided.