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Full-Text Articles in Law
What Spending Clause? (Or The President's Paramour): An Examination Of The Views Of Hamilton, Madison, And Story On Article I, Section 8, Clause 1 Of The United States Constitution, Jeffrey T. Renz
Faculty Law Review Articles
This article tests three interpretations of the General Welfare Clause that persisted prior to the U.S. v. Butler decision against the text of the Constitution and discusses historical conditions that add to the understanding of that clause of the U.S. Constitution. Specifically, the author examines: the "strong" Hamiltonian interpretation, the Madison interpretation, and the "weak" Hamiltonian or Story interpretation. The author concludes that in the course of testing each hypothesis, a surprising conclusion was reached: all interpretations failed to survive.
American Indian Education: The Terror Of History And The Nation's Debt To The Indian Peoples, Raymond Cross
American Indian Education: The Terror Of History And The Nation's Debt To The Indian Peoples, Raymond Cross
Faculty Law Review Articles
In this article the author explains the origin of some of the deeply embedded historic, cultural and legal biases that have long frustrated attempts to reform American Indian education and suggests some strategies for mitigating, if not eliminating, their influence on Indian education.
The West Digest System: The Ninth Circuit And The Montana Supreme Court, Fritz Snyder
The West Digest System: The Ninth Circuit And The Montana Supreme Court, Fritz Snyder
Faculty Law Review Articles
This article analyzes the West Digest System. The article first describes the West Digest System. Next, the article compares Montana jurisprudence with that of the Ninth Circuit in light of numerical analysis of the West Digest System. Then the article discusses certain digest topics as reflections of American law. Finally, the article examines the curious symbiotic relationship between the West Digest System and the growth of American jurisprudence.