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Articles 31 - 34 of 34
Full-Text Articles in Law
Lara, Lawrence, Supreme Court Litigation, And Lessons From Social Movements, Kevin Washburn
Lara, Lawrence, Supreme Court Litigation, And Lessons From Social Movements, Kevin Washburn
Faculty Scholarship
United States v. Lara was hailed as a victory for Indian tribes because it upheld tribal criminal jurisdiction over non-member Indians. Lawrence v. Texas was hailed as a victory for the gay rights movement because it upheld the due process right of gays to be protected from criminal prosecutions for consensual sexual acts done in private within their own homes. Despite dramatically different contexts, the two cases share a common thread: both are cases in which interested groups achieved important successes by marshalling broad support for their arguments at the briefing stage which helped pave the way for Supreme Court …
Tribal Courts And Federal Sentencing, Kevin Washburn
Tribal Courts And Federal Sentencing, Kevin Washburn
Faculty Scholarship
In light of the overwhelming acceptance of the norm of tribal self-governance in federal Indian policy, the Commission's decision not to credit the legitimate work of tribal courts in adjudicating misdemeanor sentences is surprising. This article critically evaluates this peculiar and unexplained policy. Part I describes the current federal policy toward tribal governments with particular emphasis on tribal courts and explains the role of tribal courts in the unique federal criminal justice regime that governs Indian country. Part II describes the Federal Sentencing Guidelines with particular attention to the provisions on criminal history. Part II also evaluates the Commission's current …
Petitioner's Brief - Reargument Of Oliphant V. Suquamish Indian Tribe, John P. Lavelle
Petitioner's Brief - Reargument Of Oliphant V. Suquamish Indian Tribe, John P. Lavelle
Faculty Scholarship
Does the Suquamish Indian Tribe possess inherent sovereign power to exercise criminal jurisdiction over non-Indians alleged to have committed misdemeanor crimes within the boundaries of the tribe's own reservation in violation of the Suquamish Law and Order Code?
At The Intersection Of North American Free Trade And Same-Sex Marriage, Laura Spitz
At The Intersection Of North American Free Trade And Same-Sex Marriage, Laura Spitz
Faculty Scholarship
Using same-sex marriage as a presently salient site of cultural struggle, this article asks whether the U.S. can expect economic integration with Canada-on the scale envisioned by the North American Free Trade Agreement (NAFTA)-without feeling the influence of Canadian culture. The author comes at this question from the United States side because, while much has been written from Canadian points of view as to whether it is possible to protect and maintain national differences in the face of economic integration with the United States, very little has been written about whether economic globalization in North America could mean that Canadian …