Law Commons^™

Naevahoo'ohtseme-We Are Going Back Home: The Cheyenne Repatriation Of Human Remains--A Woman's Perspective, Connie H. Yellowman

St. Thomas Law Review

I see many parallels between how the non-Indian media and general public reacted to the bombing in Oklahoma City, and the reaction of Native Americans to the repatriation of human remains. Now, more than ever, most Americans-especially Oklahomans-can truly comprehend why the emotional impact of a tragic event lasts for generations. Furthermore, the significance of the recovery and identity of human remains following the bombing parallels the Native American struggle for the recovery and return of the human remains of their relatives. Likewise, the issue of "the remaining right leg" can be correlated to "unidentifiable human remains." This article presents …

Economic Development And Gaming, Jess Green

St. Thomas Law Review

Erosion of tribal sovereignty continues into the modem world. The issue has always been "whether the state action infringed on the right of reservation Indians to make their own laws and be ruled by them." With this background of challenge to tribal sovereignty, tribal development of gaming is currently under assault. The economic issues in Indian gaming are reflections of tribal efforts to assert sovereignty. Past judicial actions which have responded to these issues of economics and sovereignty have focused on one case, California v. Cabazon Band of Mission Indians, while parallel legislative actions have focused on the Indian Gaming …

Development Of The Rights Of The Indigenous Child Under International Law, Cynthia Price Cohen

St. Thomas Law Review

In 1994, the United Nations dedicated the ten-year period starting December 10, 1994, as the Decade of the World's Indigenous People. At the end of the decade, children who were born during the International Year for the World's Indigenous People (1993) will be approaching puberty, while those who were pre-teens that year will have become young adults. It is a very significant time for indigenous children because, all over the world, indigenous families and tribal groups are beginning to receive the recognition that has so long been denied them. To a great extent, this is happening as the result of …

The Emerging System Of International Protection Of Indigenous Peoples' Rights, Mireya Maritza Pena Guzman

St. Thomas Law Review

This article addresses an emerging international trend toward recognizing and protecting the rights of indigenous peoples. The first part briefly describes the existing conflict and emphasizes the need for international legal intervention between the effects of state legislation and the interests of indigenous peoples. Some of the difficulties inherent in this analysis will be highlighted. The second part of this article discusses some of the principal international activities that have benefitted indigenous peoples. The third part analyzes certain fundamental propositions at the international legal level that are directly related to indigenous communities. Finally, this article concludes with some comments on …

The Beginnings Of The Inter-American Declaration On The Rights Of Indigenous Peoples, Osvaldo Kreimer

St. Thomas Law Review

No abstract provided.

Moving Mountains: A Comment On The Glass Ceilings And Open Doors Report , Judith S. Kaye

Fordham Law Review

No abstract provided.

Personal Reflections On Glass Ceilings And Open Doors , Bettina B. Plevan

Fordham Law Review

No abstract provided.

Response To Glass Ceilings And Open Doors: A Modest Proposal For Change, Deborah L. Rhode

Fordham Law Review

No abstract provided.

The Death Of Rules: How Politics Is Suffocating Florida, Stephen T. Maher

St. Thomas Law Review

No abstract provided.

Take A Picture, It May Last Longer If Guggenheim Becomes The Law Of The Land: The Repatriation Of Fine Art, Hans Kennon

St. Thomas Law Review

It is undisputed by all that the very nature of artwork makes it valuable. As only the original artist is able to recreate that style of artwork, it is a commodity that is able to inspire the collector and attract the art thief. This Article begins by looking at the artwork that has been plundered or stolen by persons who are considered art thieves by most, but saviors of the arts by others. However, thieves often come in different sizes and shapes. Some countries allege that other countries have stolen their culture, while others focus on members of the military …

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 8, Issue 3, Spring 1996.

The Economic Loss Rule And Intentional Torts: A Shield Or A Sword, Frank Nussbaum

St. Thomas Law Review

The economic loss rule may have merit in light of current trends, in regard to products liability cases, to allocate the risk between innocent and negligent parties. However, it is an inappropriate rule to vitiate common law torts created as a matter of public policy to protect society from intentional wrongdoers. If applied without reasonable boundaries, the economic loss rule will have evolved and mutated from a shield into a sword that can be used to eliminate long standing common law and statutory tort remedies created to protect society from undesirable conduct.

An Attorney's Right To Retain Fees Derived From A Fraudulent Law Suit, Leonard D. Pertnoy

St. Thomas Law Review

The remedy of restitution, used to prevent unjust enrichment, is a fundamental right firmly entrenched in the common law. This is especially true in cases where a victim seeks equitable relief to require the return of money or property obtained as a result of fraud. However, should the defrauded person always be entitled to be made whole? Similarly, the remedy of forfeiture is also a deeply rooted legal concept, finding its beginnings in early English common law. Originally, forfeiture was a punishment annexed by law to some illegal act. However, the concept of deodand now not only includes forfeiture of …

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 9, Issue 1, Fall 1996.

Taking The Train To Tomorrow: Learning To See Beyond The Prison Gates, Rennard Strickland

St. Thomas Law Review

No abstract provided.

"Because The Bible Tells Me So": Manifest Destiny And American Indians, Steven P. Mcsloy

St. Thomas Law Review

No abstract provided.

The Death Wish Of Late Modern Euro-American Culture And The Spiritual Wisdom Of The Ancient Native Peoples, Joe Holland

St. Thomas Law Review

In particular, this article addresses certain negative aspects of Euro-American culture. There are, of course, powerfully positive and creative aspects to this same culture. But if one went to a physician because of lung cancer, one would not wish that the physician devote time to praising the good functioning of one's digestive system. Instead, one would wish that the physician address the life threatening pathology. That is what I will do here.

Native American Life Stories And "Authorship": Legal And Ethical Issues, Lenora Ledwon

St. Thomas Law Review

Juridical discourse concerning life stories has been primarily concerned with property and contract issues, and categories such as "ownership" and "authorship." Such legal discourse generally fails to acknowledge the unique nature of Native American life stories, particularly when such stories are written in collaboration with a non-Native editor or transcriber. This essay focuses on one fundamental question with overlapping legal and ethical aspects: how does a non-Native collaborator avoid a colonizing relationship to Native American texts? In suggesting possible answers to this vexing question, I always have on the horizon of my mind's eye two figures-Emmanuel Levinas, the philosopher, and …

Legal Challenges Beyond The Americas: Indigenous Occupants In Asia And Africa, Owen J. Lynch

St. Thomas Law Review

This essay shares some insights regarding people I would describe as indigenous occupants living in the Asian, Pacific, and African regions. In doing so, this essay highlights some of the main legal challenges that indigenous peoples face in these regions, and then presents a brief overview of some efforts to address these challenges.

Tour On The Prairies Or Washington Irving And The Horseless Headman: A Stroll With Congress, The Court And Indian Nations At The Turn Of The Century, Kirke Kickingbird

St. Thomas Law Review

The view of the sovereignty of Indian nations varies within the ever-changing cycles of policy spanning two or three decades. Often, the different branches of the United States government have had conflicting points of view regarding Indian sovereignty. One can see moments in the distant past when tribal authority was clearly recognized, then challenged, then ignored and recognized again, as the cycle of Indian policy returned to its beginnings. The clear manifestation of sovereign power is exhibited in the exercise of governmental authority. This exercise, in turn, involves the use of legislative, executive, and judicial powers. While these observations may …

The Awas Tingni Petition To The Inter-American Commission On Human Rights: Indigenous Lands, Loggers, And Government Neglect In Nicaragua, S. James Anaya

St. Thomas Law Review

No abstract provided.

The United Nations Draft Declaration On The Rights Of Indigenous Peoples, Julian Burger

St. Thomas Law Review

No abstract provided.

The Voice Of Edith Cowan: Australia's First Woman Parliamentarian 1921-1924, Harry C.J. Phillips

Research outputs pre 2011

On 12 March 1996 the Honourable Justice French, as Chancellor of Edith Cowan University, led a rededication ceremony of the Edith Cowan Clock Tower. This occasion, the seventy-fifth anniversary of Edith Cowan's election to the Legislative Assembly, was immediately followed by a breakfast at the nearby Parliament of Western Australia. During the evening a touring exhibition of Edith Cowan's life was launched titled "A Tough Nut to Crack". Then five days later Professor Geoffrey Bolton spoke at St George's Cathedral to celebrate a "Life of Service" by Edith Cowan.

The Voice of Edith Cowan is another contribution to the anniversary. …

Fictional Case Of Landmine Company And The Town Of Mudville

Brigham Young University Prelaw Review

Landmine Company owns some land near a national forest amid the Rocky Mountains. The company does a lot of logging, mining and resource refinement in a factory on that land. They also mine and log on the national forest land, for the Department of the Interior (DOI) granted them special mining and logging permits. Naturally, their operations create a considerable amount of pollution and inconvenience to the general area, which includes the National Forest and, Mudville, a fairly large town bordering the forest for which the company provides several hundred jobs and a large slice of the tax base. Founded …

Response To Glass Ceilings And Open Doors: A Modest Proposal For Change, Judith P. Vladeck

Fordham Law Review

No abstract provided.

Glass Celings And Open Doors: A Response, Mary Jo White

Fordham Law Review

No abstract provided.

Introduction: The Voices And Groups That Will Preserve (What We Can Preserve Of) Judicial Independence, John Q. Barrett

Faculty Publications

As the 1996 election year commenced, the leading issues of the day included welfare reform, late-term abortions, Bosnia, immigration, drugs, taxes, the budget deficit, and the budget impasse that had shut parts of the federal government. The "hot" national issues did not include judicial philosophy, federal judicial appointments, individual judges or particular judicial decisions. Within weeks, however, that changed, thanks to a single judicial opinion. On January 22, 1996, United States District Judge Harold Baer, Jr., decided a pretrial motion to suppress evidence in the then (and now) obscure New York federal drug prosecution of a woman from Detroit named …

Residential Zoning Regulations And The Perpetuation Of Apartheid, Janai S. Nelson

Faculty Publications

In January of 1996, the South African Parliament ratified the long-awaited Land Reform (Labour Tenants) Bill, which has engendered heated controversy since its inception. For many, the success of the Land Reform Bill portends the economic and political future of South Africa and is a gauge of apartheid's vital signs. Without land, most South Africans would remain in the same impoverished and disenfranchised conditions that they were in under the apartheid regime. With land, however, South Africans have an improved chance to achieve economic equality. Land reform and land use have become particularly crucial issues in light of President Mandela's …

The Pentium Papers: A Case Study Of Collective Institutional Investor Activism In Litigation, Joseph A. Grundfest, Michael A. Perino

Faculty Publications

This article suggests that institutional investors have rational incentives to become more active in the litigation arena, but that the current debate is falsely constrained because it rests on the assumption that institutional investors must participate either by (1) assuming the formal role of lead plaintiff, class representative, or intervenor or, (2) not participating at all. This is a false dichotomy because, as this article demonstrates, institutions have available to them a rich array of flexible, informal, and relatively inexpensive mechanisms by which they can make their views known to litigants and courts alike.

Our hypothesis that institutional investor activism …

The Persistent Nation State And The Foreign Sovereign Immunities Act, Mark L. Movsesian

Faculty Publications

One hears a great deal these days about the decline of the nation state. The concept of a sovereign country whose inhabitants share a common ancestry or culture is said to be obsolescent, if not already obsolete. Several factors, apparently, are responsible: the creation of supranational institutions like the European Union and the World Trade Organization; the growing influence of nongovernmental organizations; the emergence of a new global economy; and the formation of a worldwide consumer culture, to name just a few. The law, it is argued, must adapt.

The decline of the nation state is, of course, the premise …