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Articles 1 - 10 of 10
Full-Text Articles in Law
The River Association Approach To Privatization Of Federal Hydro Projects, Michael K. Block
The River Association Approach To Privatization Of Federal Hydro Projects, Michael K. Block
Dams: Water and Power in the New West (Summer Conference, June 2-4)
15 pages.
Searching For A Compass: Federal And State Law Making Authority In Admiralty, Steven F. Friedell
Searching For A Compass: Federal And State Law Making Authority In Admiralty, Steven F. Friedell
Louisiana Law Review
No abstract provided.
"With The Greatest Respect And Fidelity:" A Cherokee Vision Of The "Trust" Doctrine, David E. Wilkins
"With The Greatest Respect And Fidelity:" A Cherokee Vision Of The "Trust" Doctrine, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
The trust relationship is the conceptual/philosophical framework against which all relations between the federal government and indigenous groups are conducted. Yet despite the centrality of this concept, federal policymakers have no consistent or agreed upon definition of what the trust relationship actually entails. And, more importantly, indigenous conceptions of trust have rarely been assessed. This article analyzes and advances one tribe's—the Cherokee—perspective on trust. In focusing on how the Cherokee perceive trust, this section emphasizes that from an indigenous viewpoint the trust relationship embodies a complex and sophisticated understanding that both the tribe and the United States have reciprocal responsibilities …
Convoluted Essence: Indian Rights And The Federal Trust Doctrine, David E. Wilkins
Convoluted Essence: Indian Rights And The Federal Trust Doctrine, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
In recent years there has been growing resentment from what one might term, for lack of a better phrase, the "anti-trust" segment. These commentators have offered a host of arguments to support their position: the trust doctrine has been and is still used primarily to "give moral color to depredations of tribes;" it is "an assertion of unrestrained political power over Indians, power that may be exercised without Indian consent and without substantial legal restraint;" and it is really a "metaphor for federal control of Indian affairs without signifying any enforceable rights of the tribal `beneficiaries.'" Yet others suggest that …
Viewing The Constitutionality Of The Access Act Through The Lens Of Federalism, Steven A. Delchin
Viewing The Constitutionality Of The Access Act Through The Lens Of Federalism, Steven A. Delchin
Case Western Reserve Law Review
No abstract provided.
Federal Power And Federalism: A Theory Of Commerce-Clause Based Regulation Of Traditionally State Crimes, Harry Litman, Mark D. Greenberg
Federal Power And Federalism: A Theory Of Commerce-Clause Based Regulation Of Traditionally State Crimes, Harry Litman, Mark D. Greenberg
Case Western Reserve Law Review
No abstract provided.
The Current Illegitimacy Of International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith
The Current Illegitimacy Of International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith
Faculty Scholarship
No abstract provided.
Formalism And Functionalism In Federalism Analysis, Erwin Chemerinsky
Formalism And Functionalism In Federalism Analysis, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Customary International Law As Federal Common Law: A Critique Of The Modern Position, Curtis A. Bradley, Jack L. Goldsmith
Customary International Law As Federal Common Law: A Critique Of The Modern Position, Curtis A. Bradley, Jack L. Goldsmith
Faculty Scholarship
In the last twenty years, a consensus has developed among courts and scholars that customary international law has the status of federal common law. We label this consensus the "modern position." Courts have endorsed the modern position primarily to support their conclusion that international human rights lawsuits between aliens "arise under" the laws of the United States for purposes of Article III of the Constitution. Scholars have pushed the consequences of the modern position further by arguing that customary international law preempts inconsistent state law under the Supremacy Clause, binds the President under the Take Care Clause, and even supersedes …
Colorado River Governance: Sharing Federal Authority As An Incentive To Create A New Institution, David H. Getches
Colorado River Governance: Sharing Federal Authority As An Incentive To Create A New Institution, David H. Getches
Publications
No abstract provided.