Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 4 of 4
Full-Text Articles in Law
The Court After Scalia, Kevin C. Walsh
The Court After Scalia, Kevin C. Walsh
Law Faculty Publications
In this editorial, Professor Walsh surveys the 2015-2016 U.S. Supreme Court term, with particular attention to the effects the late Justice Antonin Scalia's absence had on the Court's decisions.
The Supreme Court: A Unique Institution, John Paul Jones
The Supreme Court: A Unique Institution, John Paul Jones
Law Faculty Publications
Established by the U.S. Constitution in 1789, the Supreme Court is both the final arbiter of significant legal cases and the prevailing authority on the constitutionality of individual laws. While the Constitution specifies the Court's original jurisdiction, it does not spell out how the Court should conduct its business, or even the number of justices who should serve on the Court or what their qualifications should be. Thus, the Founding Fathers provided a High Court for the nation with the adaptability to respond to the needs of its citizens.
Judicial Terror Confronts Indian Nations, David E. Wilkins
Judicial Terror Confronts Indian Nations, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
As the Bush Administration broadens its constitutionally problematic assault on real and alleged terrorists, both home and abroad, endangering the very rights and liberties it accused Osama bin Laden of savagely attacking, the judicial branch of the government, occupied by a majority of conservative justices, is doing its part to shatter the sovereign rights and economic liberties of indigenous nations.
The U.S. Supreme Court's Explication Of "Federal Plenary Power": An Analysis Of Case Law Affecting Tribal Sovereignty, 1886-1914, David E. Wilkins
The U.S. Supreme Court's Explication Of "Federal Plenary Power": An Analysis Of Case Law Affecting Tribal Sovereignty, 1886-1914, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
The concept of tribal sovereignty frequently conflicts with that of congressional plenary power, depending on the definition and basis of plenary power. Analysis of 107 federal court cases between 1886 and 1914 suggests that when plenary power is seen in terms of preemption and exclusivity, it may help to protect tribal sovereignty from private or state incursions. However, if plenary power is defined as absolute and unlimited, tribal rights are not constitutionally protected against federal actions. Although tribes are properly regarded as extra-constitutional entities, they are often treated as inferior in relation to Congress by the courts.