Law Commons^™

Unethical Business Practices Plague Native American Cultures And Economies – Solutions To The Ineffectiveness Of The Indian Arts And Crafts Act, Benjamin Amoroso Sinder

American Indian Law Review

No abstract provided.

A Survivor's Tale: How The Northern And Eastern Districts Of Oklahoma Survived The Tidal Wave Collision Of Mcgirt V. Oklahoma, Darbi E. Robertson

American Indian Law Review

No abstract provided.

Winner, Best Appellate Brief In The 2024 Native American Law Student Association Moot Court Competition, Molly Gunther, Kevin Burdet

American Indian Law Review

No abstract provided.

Front Pages

American Indian Law Review

No abstract provided.

The Bad Man’S Hourglass: Extending The Clock On Justice, Liv G. Cummins

American Indian Law Review

No abstract provided.

With Religious Freedom Came Religious Authority: Apache Stronghold V. United States And The Exclusion Of Native American Religion Within The Legal Understanding Of Religious Freedom, Cassidy Beck

American Indian Law Review

No abstract provided.

“Discovered!”: Plaintiff’S Brief To The United States Supreme Court In Johnson & Graham’S Lessee V. M‘Intosh (1823), Mark Savage

American Indian Law Review

No abstract provided.

Abrogation Without Mention: A Note On Lac Du Flambeau Band Of Lake Superior Chippewa Indians V. Coughlin, Taya Maxson

American Indian Law Review

No abstract provided.

Tulsa V. O’Brien: A City Adds To The Battle Over Jurisdiction In Indian Country, Fatima D. Jaime

American Indian Law Review

No abstract provided.

Winner, Best Appellate Brief In The 2025 Native American Law Student Association Moot Court Competition, Baylee Ogle, Madison Bailey

American Indian Law Review

No abstract provided.

Front Pages

American Indian Law Review

No abstract provided.

When Tribal Sovereign Immunity And The Americans With Disabilities Act Collide, Who Wins?, Baylee M. Ogle

American Indian Law Review

No abstract provided.

Native Gifts In An Electric Universe: Exploring Tribal Sovereignty Through Digital Data, Spectrum, And Technological Imaginings, Michael Johnson

American Indian Law Review

No abstract provided.

In Pursuit Of Federal Recognition: A Legal And Historical Analysis Of The Duwamish Tribe’S Fight For Federal Tribal Recognition, Gabrielle Gollihar

American Indian Law Review

No abstract provided.

Becerra V. San Carlos Apache Tribe And The Indian Self Determination & Education Assistance Act: Keeping Indian Health Services Responsible In The Wake Of Forced Sterilizations, Alexis K. O’Brien

American Indian Law Review

No abstract provided.

Tribal Civil Jurisdiction: Lexington V. Smith And The Evolution Of The Montana Framework, Will Speed

American Indian Law Review

No abstract provided.

The Trademark Bargain: Registration As Disclosure, Dustin Marlan

Faculty Publications

This Article highlights the central—and under-theorized—role that disclosure plays within trademark law. By loose analogy, the patent disclosure requirement is a cornerstone of patent law, embodying the “patent bargain” where an inventor must disclose their invention in exchange for a twenty-year monopoly. This quid pro quo is believed to stimulate the progress of science and technology, making patent disclosure the very pulse of the patent regime. However, the fundamental importance of disclosure in trademark law remains underexplored. Like patents, trademark law imposes a rigorous bargain—to obtain the enhanced rights granted by federal registration, trademark owners must first make significant disclosures …

A First Amendment Right To Know, David S. Ardia

Faculty Publications

This Article tackles an increasingly important question: Can police round up people on American streets and keep secret the names of those they detain without violating the First Amendment? Alarmingly, the government made this very argument in the summer of 2020 when it sought to break up Black Lives Matter protests occurring in cities across the country. Based in part on a Supreme Court decision from the 1970s involving access to prisons, the government argued that the First Amendment imposes no constraints on government secrecy. If it is true that the government can shield its exercise of police power from …

Tradition Without Text?, Daniel B. Rice

Faculty Publications

This Essay critiques the Supreme Court’s emerging “history and tradition” methodology, as articulated in Dobbs v. Jackson Women’s Health Organization, arguing that its reliance on affirmative textual recognition in historical positive law fundamentally misrepresents the nature of American liberty traditions. By insisting that unenumerated rights are constitutionally cognizable only when earlier legal sources explicitly identified them as rights, the Court adopts a truncated evidentiary framework that privileges written enactments while disregarding lived experience, social practice, and the normative assumptions that shaped earlier understandings of permissible state power. The result, the Essay contends, is a mechanized and impoverished account of …

Desperation Finance: Merchant Cash Advances In Bankruptcy And Beyond, Kara J. Bruce

Faculty Publications

Over the last several years, Merchant Cash Advances (“MCAs”) have risen in prominence as a form of short-term financing for distressed small businesses. MCA transactions are distinct from most small-business lending because they are not structured as loans at all. Rather, in exchange for a lump sum of cash, the merchant purports to sell to the funder an unidentified percentage of its future receipts or receivables. This structure allows funders to sidestep the application of lending regulations and usury protections, but it strains the foundations of commercial law and generates a host of interpretive challenges.

Bankruptcy, district, and circuit courts …

Limits On Damages For Breach Of A Forum Selection Clause, John F. Coyle, Tanya Monestier

Faculty Publications

When a plaintiff sues in a court other than the one designated in a forum selection clause, the defendant’s remedial options are limited. It can ask the court to dismiss the case outright. Or it can ask the court to transfer the case to the designated forum. The defendant typically cannot, however, recover money damages—in the form of attorneys’ fees and related expenses—that it incurs in the course of persuading the court that transfer or dismissal is appropriate. This is because the conventional wisdom among judges has long been that damages are not available for breach of a forum selection …

Health Care Fraud And The End Of Chevron, Joan H. Krause

Faculty Publications

What do the Environmental Protection Agency’s “plantwide” definition of a “stationary” pollution source,” a National Marine Fisheries Service determination of who pays for fishing boat observers, and a Department of Health and Human Services rule governing the marketing of prescription drugs have in common? In short, a government agency’s interpretation of a federal statute. All three cases go to the heart of the administrative state: the ability of an agency, staffed by experts in the field, to interpret static statutory language to offer practical guidance to an ever-evolving industry.

The same is true of health care fraud, although it is …

Choice Of Law In Terrorism Cases, John F. Coyle

Faculty Publications

When an Iranian-backed terrorist group operating out of Lebanon detonates a bomb in Israel that kills a U.S. citizen domiciled in Texas, what law governs civil claims brought against Iran in the District of Columbia? Some version of this choice-of-law question has been presented to U.S. courts many times over the past two decades. Their answers have been frustratingly inconsistent. In some cases, courts have applied the law of the place of the attack. In others, they have applied the law of the plaintiff’s domicile. In still others, they have applied the law of the forum where the plaintiff brings …

Consumer Rights In E-Commerce Contracts Under The Saudi Legal System: Reality And Challenges, Saeed Abdullah Badawi Al-Zahrani

University of Tabuk Journal for Humanities and Social Sciences

E-commerce is rapidly evolving in the Kingdom of Saudi Arabia, which necessitates the intervention of the Saudi legislator to provide greater protection for consumers who face various challenges in e-commerce contracts. The central research problem lies in identifying the challenges facing consumer rights in e-commerce contracts under the Saudi legal system and exploring ways to enhance consumer protection in this field - a question this study seeks to answer. This study aims to clarify the concept of e-commerce and the notion of consumer rights in e-commerce, while also highlighting the most significant challenges consumers face in such contracts. Moreover, it …

The Effectiveness Of A Program Based On The Use Of Concept Maps In Improving Descriptive Text Among Female Students With Learning Disabilities, Bedour Ahmed Bahamam

University of Tabuk Journal for Humanities and Social Sciences

This study aimed to investigate the effectiveness of a program based on the use of concept maps in improving descriptive text writing among middle school female students with learning disabilities. The study employed a quasi-experimental methodology using a single-group pre-test and post-test design. The research instruments included a training program and descriptive writing tasks. The study sample consisted of 21 middle school female students with learning disabilities in Riyadh. The results revealed statistically significant differences between the pre-test and post-test in the number of words produced in the descriptive texts, with the post-test showing superior performance. Additionally, statistically significant differences …

Designing An Instructional Unit To Develop Skills In Sustainable Children's Clothing Production, Mona Omar Ali Al Omar

University of Tabuk Journal for Humanities and Social Sciences

The manufacture of sustainable children's garments-particularly reverse-style transformative clothing-has recently emerged as an innovative approach aimed at maximising utilisation efficiency by designing multifunctional products that prolong service life and reduce waste. The significance of this study lies in preparing female students to engage with the rapid advancements in sustainable apparel production, thereby strengthening their capacity to meet the demands of a modern labour market that increasingly values innovation and sustainability. The study sought to design an instructional unit that would enhance students' knowledge and skills in producing sustainable, reverse-transformative children's clothing, and to implement the unit in order to assess …

Arabic Proverbs From The Perspective Of Ancient Logic: Al-Maydani's Collection Of Proverbs As A Model, Shihana Saeed Abdullah Al-Shahrani

University of Tabuk Journal for Humanities and Social Sciences

This research aims to reveal the manifestations of logic in Arabic proverbs, as short, condensed texts that express the Arab mind's experience in deconstructing the contents of Arabic proverbs and maxims in light of the concepts of ancient logic and analyzing them as anthropological tools for establishing cultural truths that reflect the structure of collective Arab consciousness. The research dealt with the logical structure in proverbs in terms of the relationship between premise and conclusion, signifier and signified, and induction and deduction. This demonstrates that the Arabic proverb was not merely a literary or social expression, but rather a rational …

Evaluating The Quality Of Learning Disabilities Programs In Saudi Arabia From Teachers' Perspectives: Qualitative Study, Ahmed Lowiheg Aldousari

University of Tabuk Journal for Humanities and Social Sciences

This study investigates the quality of learning disabilities (LD) programs in the Kingdom of Saudi Arabia (KSA) from the perspectives of teachers directly involved in their implementation. The study adopts a qualitative research design, utilizing semi-structured interviews conducted with ten teachers of learning disabilities, including five male and five female teachers. The aim of the study is to explore teachers' perceptions of the effectiveness of current LD programs, identify key challenges encountered in practice, and highlight areas for improvement. The findings reveal that while teachers demonstrate strong commitment and positive attitudes toward supporting students with learning disabilities, several challenges persist, …

Psychometric Properties Of The Digital Psychological Competence Scale For University Students In The Kingdom Of Saudi Arabia, Mona Saad Falih Alamri

University of Tabuk Journal for Humanities and Social Sciences

Higher education has undergone a rapid digital transformation, requiring students to navigate technology-rich learning environments that demand integrated cognitive and psychological competencies. This study aimed to develop and validate a Psychodigital Competence Scale for university students in the western region of Saudi Arabia, using a sample of 523 students. The initial version included 21 items, which were revised through expert judgment (agreement >= 80%) to produce a final 16-item, four-factor scale. Construct validity was assessed using a pilot sample, and Pearson correlations demonstrated statistically significant item-scale relationships at the 0.05 and 0.01 levels. Reliability indicators showed significant split-half reliability (p < 0.01) and a high Cronbach's alpha coefficient (0.908). Exploratory factor analysis supported data suitability (KMO = 0.85, Bartlett's test p < 0.01, determinant = 0.011), and confirmatory factor analysis validated the four-factor model. These findings confirm strong psychometric properties, establishing the scale as a reliable tool for psychological and educational research.

The Extent Of Acquiring Scientific Concepts In Science Curricula In The Primary Stage For Hearing, Deaf, And Hard-Of-Hearing Students: Evaluating Achievement, Teaching Practices, Challenges, And Improvement Mechanisms, Rashdan Bin Humeed Bin Masoud Al-Mutarrfi

University of Tabuk Journal for Humanities and Social Sciences

This study aimed to investigate the level of acquisition of scientific concepts among hearing, deaf, and hard-of-hearing students in the fifth and sixth grades, and to identify the teaching practices used by science teachers when teaching scientific concepts to these students. Additionally, the study sought to uncover the challenges faced by science teachers in teaching scientific concepts to hearing, deaf, and hard-of-hearing students and to propose mechanisms to help science teachers in primary education increase the acquisition of scientific concepts among these students. The study sample consisted of 136 male and female students and 137 male and female teachers. The …