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Articles 327421 - 327450 of 546106

Full-Text Articles in Law

Tribal-State Affairs: American States As 'Disclaiming' Sovereigns, David E. Wilkins Jan 1998

Tribal-State Affairs: American States As 'Disclaiming' Sovereigns, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

The history of tribal-state political relations has been contentious from the beginning of the republic. As a result of these tensions, the relationship of tribal nations and the federal government was federalized when the U.S. Constitution was ratified in 1788. Thus, a number of states, especially in the West, were required in their organic acts and constitutions to forever disclaim jurisdiction over Indian property and persons. This article analyzes these disclaimer clauses, explains the factors that have enabled the states to assume some jurisdictional presence in Indian Country, examines the key issues in which disclaimers continue to carry significant weight, …


The Indigenous Peoples Of The Usa: Issues And Challenges Of Native Americans, David E. Wilkins Jan 1998

The Indigenous Peoples Of The Usa: Issues And Challenges Of Native Americans, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

Vine Deloria, Jr., the most important Indian chronicler of indigenous political, legal, and religious experience in the U.S. in the last thirty years, noted recently that Indian life, particularly the experience of reservation-based tribal peoples, "has only the slightest resemblance to the conditions of three decades ago, and the current situation has elements of hope and portents of disaster." This observation is even more realistic as we sit at the dawn of the new millennium. The 560 indigenous polities in the U.S.—374 Indian nations, tribes, bands, communities, and Pueblos in the lower 48 states; 226 are Alaska Native villages and …


Will Tribes Ever Be Able To "Trust" Their Federal Trustee?, David E. Wilkins Jan 1998

Will Tribes Ever Be Able To "Trust" Their Federal Trustee?, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

It is widely reported that the federal government has a trust relationship with the Indian peoples of this land, one of the many distinctive features of the indigenous/federal relationship. Despite the importance of this concept, legal and political commentators and, surprisingly, federal policy makers have radically conflicting definitions of what the trust relationship actually means.


Hopwood, Bakke And The Future Of The Diversity Justification, Lackland H. Bloom Jr. Jan 1998

Hopwood, Bakke And The Future Of The Diversity Justification, Lackland H. Bloom Jr.

Faculty Journal Articles and Book Chapters

The decision of the Court of Appeals for the Fifth Circuit in Hopwood v. Texas sent shock waves through the academic community with its holding that the Equal Protection Clause of the Fourteenth Amendment prohibited the University of Texas Law School from taking account of race as a factor in its admissions process. In the course of invalidating certain procedures employed by the law school, the Fifth Circuit concluded that Justice Powell's influential opinion in Regents of the University of California v. Bakke, which recognized the pursuit of diversity in higher education as a compelling state interest, had never constituted …


Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David V. Snyder Jan 1998

Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David V. Snyder

Articles by Maurer Faculty

No abstract provided.


Torts: Kraszewski V. Baptist Medical Center Of Oklahoma, Inc.--The Oklahoma Supreme Court Recognizes The Tort Of Intentional Infliction Of Severe Emotional Distress In A New Context, Matthew B. Free Jan 1998

Torts: Kraszewski V. Baptist Medical Center Of Oklahoma, Inc.--The Oklahoma Supreme Court Recognizes The Tort Of Intentional Infliction Of Severe Emotional Distress In A New Context, Matthew B. Free

Oklahoma Law Review

No abstract provided.


Table Of Contents, Volume 24 (1998) Jan 1998

Table Of Contents, Volume 24 (1998)

Canada-United States Law Journal

No abstract provided.


Discussion After The Speech Of Guy Pevtchin, Discussion Jan 1998

Discussion After The Speech Of Guy Pevtchin, Discussion

Canada-United States Law Journal

No abstract provided.


Title Page, Volume 24 (1998) Jan 1998

Title Page, Volume 24 (1998)

Canada-United States Law Journal

No abstract provided.


Discussion After The Speeches Of Richard Cunningham And Lawrence Herman, Discussion Jan 1998

Discussion After The Speeches Of Richard Cunningham And Lawrence Herman, Discussion

Canada-United States Law Journal

No abstract provided.


Introduction: Sovereignty In Federal States--Differing Approaches, Hiram E. Chodosh Jan 1998

Introduction: Sovereignty In Federal States--Differing Approaches, Hiram E. Chodosh

Canada-United States Law Journal

No abstract provided.


Introduction: Sovereignty And Investment Issues--Chapter 11 Of Nafta--What Are The Implications For Sovereignty, Henry T. King Jr. Jan 1998

Introduction: Sovereignty And Investment Issues--Chapter 11 Of Nafta--What Are The Implications For Sovereignty, Henry T. King Jr.

Canada-United States Law Journal

No abstract provided.


Discussion After The Speeches Of Gary Horlick And Sarah Richardson, Discussion Jan 1998

Discussion After The Speeches Of Gary Horlick And Sarah Richardson, Discussion

Canada-United States Law Journal

No abstract provided.


Regulation Of Competition In The Canada/U.S. Context--Extraterritorial Reach Of U.S. Antitrust Law--A Canadian Perspective, Crystal L. Witterrick Jan 1998

Regulation Of Competition In The Canada/U.S. Context--Extraterritorial Reach Of U.S. Antitrust Law--A Canadian Perspective, Crystal L. Witterrick

Canada-United States Law Journal

No abstract provided.


Settlement Of International Trade Disputes--Challenges To Sovereignty--A U.S. Perspective, Richard O. Cunningham Jan 1998

Settlement Of International Trade Disputes--Challenges To Sovereignty--A U.S. Perspective, Richard O. Cunningham

Canada-United States Law Journal

No abstract provided.


Discussion After The Speeches Of Shirley Coffield And James Mcilroy, Discussion Jan 1998

Discussion After The Speeches Of Shirley Coffield And James Mcilroy, Discussion

Canada-United States Law Journal

No abstract provided.


The Press Looks At The Political Future Of Canada And The United States In The 21st Century--Where Do We Stand, And Where Are We Headed (A U.S. Viewpoint), Howard Schneider Jan 1998

The Press Looks At The Political Future Of Canada And The United States In The 21st Century--Where Do We Stand, And Where Are We Headed (A U.S. Viewpoint), Howard Schneider

Canada-United States Law Journal

No abstract provided.


Discussion After The Speech Of Donald Macdonald, Discussion Jan 1998

Discussion After The Speech Of Donald Macdonald, Discussion

Canada-United States Law Journal

No abstract provided.


Introduction: Food Safety Regulations--Cross-Border Implications, Sidney Picker Jr. Jan 1998

Introduction: Food Safety Regulations--Cross-Border Implications, Sidney Picker Jr.

Canada-United States Law Journal

No abstract provided.


Food Safety Regulations--Cross-Border Implications--A U.S. Perspective, Matthew Schaefer Jan 1998

Food Safety Regulations--Cross-Border Implications--A U.S. Perspective, Matthew Schaefer

Canada-United States Law Journal

No abstract provided.


The Rights Of Defendants In The Icty, Tom Lynch Jan 1998

The Rights Of Defendants In The Icty, Tom Lynch

Human Rights Brief

No abstract provided.


War Crimes Tribunal Update, Jennifer Hentz Jan 1998

War Crimes Tribunal Update, Jennifer Hentz

Human Rights Brief

No abstract provided.


Field Report: Adalah, The Legal Center For Arab Minority Rights In Israel, Sarah C. Aird Jan 1998

Field Report: Adalah, The Legal Center For Arab Minority Rights In Israel, Sarah C. Aird

Human Rights Brief

No abstract provided.


Human Rights In Sudan In The Wake Of The New Constitution, Ghazi Suleimanr, Curtis Francis Doebble Jan 1998

Human Rights In Sudan In The Wake Of The New Constitution, Ghazi Suleimanr, Curtis Francis Doebble

Human Rights Brief

No abstract provided.


Legislative Focus: The Hate Crimes Prevention Act, Mair Mccafferty Jan 1998

Legislative Focus: The Hate Crimes Prevention Act, Mair Mccafferty

Human Rights Brief

No abstract provided.


Center News: Inter-American Rights Digest Project , Barbara Cochrane Jan 1998

Center News: Inter-American Rights Digest Project , Barbara Cochrane

Human Rights Brief

No abstract provided.


Center Faculty/Staff News, Human Rights Brief Jan 1998

Center Faculty/Staff News, Human Rights Brief

Human Rights Brief

No abstract provided.


Alumni Profile, Barbara Cochrane Jan 1998

Alumni Profile, Barbara Cochrane

Human Rights Brief

No abstract provided.


Calendar Of Events, Human Rights Brief Jan 1998

Calendar Of Events, Human Rights Brief

Human Rights Brief

No abstract provided.


Judiciary Firmly Under Control In Fujimori's Peru, Cathleen Caron Jan 1998

Judiciary Firmly Under Control In Fujimori's Peru, Cathleen Caron

Human Rights Brief

No abstract provided.