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Full-Text Articles in Law
The Legend Of "Crow Dog:" An Examination Of Jurisdiction Over Intra-Tribal Crimes Not Covered By The Major Crimes Act, James W. King
The Legend Of "Crow Dog:" An Examination Of Jurisdiction Over Intra-Tribal Crimes Not Covered By The Major Crimes Act, James W. King
Vanderbilt Law Review
Native American tribes present unique problems to American jurisprudence and governance. Unquestionably subject to federal control on some levels, they have maintained the "inherent powers of a limited sovereignty" over internal affairs.' While both the Supreme Court and Congress have recognized this sovereignty, specific Congressional mandate can abrogate it at any time. This Note addresses the question of whether Congress has mandated federal jurisdiction over all serious crimes committed by Indians against other Indians on tribal land.
The story is long and complicated, with its beginnings in the 1883 Supreme Court case Ex parte Crow Dog, in which the Court …
Work Of Knowledge, Abner S. Greene
Right Result For The Wrong Reasons: Permitting Aggregation Of Claims Under 28 U.S.C. 1367 In Multi-Plaintiff Diversity Litigation, Mark C. Cawley Jr.
Right Result For The Wrong Reasons: Permitting Aggregation Of Claims Under 28 U.S.C. 1367 In Multi-Plaintiff Diversity Litigation, Mark C. Cawley Jr.
Notre Dame Law Review
No abstract provided.
Erisa Preemption Of Medical Malpractice Claims In Managed Care: Asserting A New Statutory Interpretation, Karla S. Bartholomew
Erisa Preemption Of Medical Malpractice Claims In Managed Care: Asserting A New Statutory Interpretation, Karla S. Bartholomew
Vanderbilt Law Review
If Congress wants the American citizens to have access to adequate health care, then Congress must accept its responsibility to define the scope of ERISA preemption and to enact legislation that will ensure every patient has access to that care.' Congress enacted the Employee Retirement Income Security Act of 1974 ("ERISA) to protect employee interests and ensure a uniform body of law for pension and benefit plans. The statute's expansive preemption clause and preclusion of extra-contractual damages have since been used to immunize Managed Care Organizations ("MCOs") from liability for patients injuries resulting from medical malpractice. Because plaintiffs with preempted …
United States V. Navistar Inernational Transportation Corp.: Seventh Circuit Bars Government's Cercla Claim Based On Violation Of The Statute Of Limitations, Brock Elliot Czeschin
United States V. Navistar Inernational Transportation Corp.: Seventh Circuit Bars Government's Cercla Claim Based On Violation Of The Statute Of Limitations, Brock Elliot Czeschin
Villanova Environmental Law Journal
No abstract provided.
The Ninth Circuit's Decision In Oregon Natural Desert Association V. Dombeck: Discharging Responsibility For Water Pollution On Federal Lands, Christina Marie Frankino
The Ninth Circuit's Decision In Oregon Natural Desert Association V. Dombeck: Discharging Responsibility For Water Pollution On Federal Lands, Christina Marie Frankino
Villanova Environmental Law Journal
No abstract provided.