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Articles 1 - 6 of 6
Full-Text Articles in Law
Reconciling Equal Protection And Federal Indian Law, Bethany Berger
Reconciling Equal Protection And Federal Indian Law, Bethany Berger
Bethany Berger
No abstract provided.
It’S Not About The Fox: The Untold History Of Pierson V. Post, Bethany Berger
It’S Not About The Fox: The Untold History Of Pierson V. Post, Bethany Berger
Bethany Berger
For generations, Pierson v. Post, the famous fox case, has introduced students to the study of property law. Two hundred years after the case was decided, this Article examines the history of the case to show both how it fits into the American ideology of property, and how the facts behind the dispute challenge that ideology. Pierson is a canonical case because it replicates a central myth of American property law: that we start with a world in which no one has rights to anything, and the fundamental problem is how best to convert it to absolute individual ownership. The …
United States V. Lara As A Story Of Native Agency, Bethany Berger
United States V. Lara As A Story Of Native Agency, Bethany Berger
Bethany Berger
No abstract provided.
Justice And The Outsider: Jurisdiction Over Non-Members In Tribal Legal Systems, Bethany Berger
Justice And The Outsider: Jurisdiction Over Non-Members In Tribal Legal Systems, Bethany Berger
Bethany Berger
A quarter of a century ago, the Supreme Court issued its opinion in Oliphant v. Suquamish Indian Tribe holding that tribes had no criminal jurisdiction over non-Indians. Since that time, the Court has progressively limited tribal criminal, civil, and regulatory jurisdiction over those that are not enrolled members of the tribe. While the decisions have a veneer of history and precedent, their legal basis is extremely thin—so much so that Justice O’Connor called a 2001 decision “unmoored from our precedents.” This trend is one of the most important developments in Indian law. It is the focus of sustained attention by …
What Owners Want And Government Do: Evidence From The Oregon Experiment, Bethany R. Berger
What Owners Want And Government Do: Evidence From The Oregon Experiment, Bethany R. Berger
Bethany Berger
In 2004, Oregonians decisively approved Ballot Measure 37. The measure answered the calls of critics of contemporary takings jurisprudence by requiring either compensation for losses caused by land use restrictions imposed after acquisition of the property or waivers of the restrictions. Three years later, voters acted to repeal most of Measure 37 by an even greater margin. Together the birth, brief life, and rapid demise of Measure 37 comprise an unusual natural experiment in property law. The results of this experiment go to the heart of debates about regulatory takings in property law and policy. First, the Oregon experience resulted …
In The Name Of The Child: Race, Gender, And Economics In Adoptive Couple V. Baby Girl, Bethany Berger
In The Name Of The Child: Race, Gender, And Economics In Adoptive Couple V. Baby Girl, Bethany Berger
Bethany Berger
On June 25, 2013, the Supreme Court decided Adoptive Couple v. Baby Girl, holding that the Indian Child Welfare Act did not permit the Cherokee father in that case to object to termination of his parental rights. The case is ostensibly about a dispute between prospective adoptive parents and a biological father. This Article demonstrates that it is about a lot more than that. It is a microcosm of anxieties about Indian-ness, race, and the changing nature of parenthood. While made in the name of the child, moreover, the decision supports practices and policies that do not forward and may …