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Articles 61 - 77 of 77
Full-Text Articles in Law
Advocacy And Scholarship, Paul F. Campos
Advocacy And Scholarship, Paul F. Campos
Publications
The apex of American legal thought is embodied in two types of writings: the federal appellate opinion and the law review article. In this Article, the author criticizes the whole enterprise of doctrinal constitutional law scholarship, using a recent U.S. Supreme Court case and a Harvard Law Review article as quintessential examples of the dominant genre. In a rhetorical tour de force, the author argues that most of modern constitutional scholarship is really advocacy in the guise of scholarship. Such an approach to legal scholarship may have some merit as a strategic move towards a political end; however, it has …
Three Mistakes About Interpretation, Paul Campos
Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches
Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches
Publications
Constitutional issues related to First Nations sovereignty have dominated Aboriginal affairs in Canada for a considerable period. The constitutional entrenchment of Aboriginal self-government has, however, received a setback with the recent failure of the Charlottetown Accord in October of 1992. Nonetheless, day-to-day issues must be accommodated, even while this more fundamental constitutional question remains unresolved. This paper illustrates the American experience with negotiated intergovernmental agreements between tribes and individual states. These agreements have, for example, resolved jurisdictional disputes over taxation, solid waste disposal, and law enforcement between state governments and tribal authorities. The author suggests that these intergovernmental agreements in …
The Charging Order: Conflicts Between Partners And Creditors, J. Dennis Hynes
The Charging Order: Conflicts Between Partners And Creditors, J. Dennis Hynes
Publications
No abstract provided.
Understanding Prosecutorial Discretion In The United States: The Limits Of Comparative Criminal Procedure As An Instrument Of Reform, William T. Pizzi
Understanding Prosecutorial Discretion In The United States: The Limits Of Comparative Criminal Procedure As An Instrument Of Reform, William T. Pizzi
Publications
No abstract provided.
Land Of Fire, Land Of Conquest: The Colorado Plateau And Some Questions For Its Future, Charles F. Wilkinson
Land Of Fire, Land Of Conquest: The Colorado Plateau And Some Questions For Its Future, Charles F. Wilkinson
Publications
No abstract provided.
Margery Hunter Brown: Teacher, Scholar, And First Citizen Of Montana, Charles F. Wilkinson
Margery Hunter Brown: Teacher, Scholar, And First Citizen Of Montana, Charles F. Wilkinson
Publications
No abstract provided.
Book Review, Paul Campos
There Must Be Fifty Ways To Lose Your (Driver's) License, H. Patrick Furman
There Must Be Fifty Ways To Lose Your (Driver's) License, H. Patrick Furman
Publications
No abstract provided.
From Askhabad, To Wellton-Mohawk, To Los Angeles: The Drought In Water Policy, David H. Getches
From Askhabad, To Wellton-Mohawk, To Los Angeles: The Drought In Water Policy, David H. Getches
Publications
No abstract provided.
Thoughts Evoked By "Accounting And The New Corporate Law", Ted J. Fiflis
Thoughts Evoked By "Accounting And The New Corporate Law", Ted J. Fiflis
Publications
No abstract provided.
Introduction Of Scientific Evidence In Criminal Cases, H. Patrick Furman
Introduction Of Scientific Evidence In Criminal Cases, H. Patrick Furman
Publications
No abstract provided.
Making America Competitive, Mark J. Loewenstein
Name-Calling And The Clear Error Rule, Robert F. Nagel
Name-Calling And The Clear Error Rule, Robert F. Nagel
Publications
No abstract provided.
Clerks In The Maze, Pierre Schlag
Fifty Years Of Bernhard V. Bank Of America Is Enough: Collateral Estoppel Should Require Mutuality But Res Judicata Should Not, Michael J. Waggoner
Fifty Years Of Bernhard V. Bank Of America Is Enough: Collateral Estoppel Should Require Mutuality But Res Judicata Should Not, Michael J. Waggoner
Publications
No abstract provided.
A Tribute To Thurgood Marshall, Peter N. Simon