Law and Politics Commons^™

Presidential Influence On Congressional Appropriations Decisions, D.Roderick Kiewiet, Mathew D. Mccubbins

Faculty Scholarship

We investigate the extent to which possession of the veto allows the president to influence congressional decisions regarding regular annual appropriations legislation. The most important implication of our analysis is that the influence the veto conveys is asymmetrical: it allows the president to restrain Congress when he prefers to appropriate less to an agency than Congress does; it does not provide him an effective means of extracting higher appropriations from Congress when he prefers to spend more than it does. This asymmetry derives from constitutional limitations on the veto, in combination with the presence of a de facto reversionary expenditure …

Final Report Of The Garrison Unit Joint Tribal Advisory Committee: Hearing Before The Select Committee On Indian Affairs, United States Senate, United States Congress, Us Senate

US Government Documents Related to Indigenous Nations

This report from the United States (US) Senate Select Committee on Indian Affairs, dated November 19, 1987, includes a hearing transcript regarding the status of the Three Affiliated Tribes and the Standing Rock Nation in terms of just compensation for their taken lands. The hearing covers debate among the committee members regarding additional compensation for the tribes and it includes statements from members of the Three Affiliated Tribes and the Standing Rock Nation. Some committee members express concern about the amount of compensation requested for the tribes and the means of producing those funds. The issue of unfulfilled promises made …

Hunger And Nutrition Problems Among American Indians: A Case Study Of North Dakota; Hearing Before The Select Committee On Hunger House Of Representatives One Hundredth Congress First Session, Hearing Held In New Town, Nd July 10, 1987, United States Congress, Us House Of Representatives

US Government Documents Related to Indigenous Nations

This report from the United States (US) House Select Committee on Hunger, dated July 10, 1987 includes the transcript of a hearing held in New Town, North Dakota focused on nutrition and diabetes among Three Affiliated Tribe members on the Fort Berthold Reservation. The hearing includes expert testimony from health and nutrition experts and residents of the Fort Berthold Reservation. The opening statement made by Representative Mickey Leland acknowledges the devastating impact that the Garrison Dam had on the Three Affiliated Tribes and he indicates that in addition to the information from the hearing, he will also consider the recommendations …

Final Report And Recommendations Of The Garrison Unit Joint Tribal Advisory Committee: Joint Hearing Before The Select Committee On Indian Affairs, United States Senate And The Committee On Energy And Natural Resources, United States Senate And The Committee On Interior And Insular Affairs, House Of Representatives, One Hundredth Congress, First Session On Oversight Hearing On The Final Report And Recommendations Of The Garrison Unit Joint Tribal Advisory Committee, United States Congress, Us Senate, Us House Of Representatives

US Government Documents Related to Indigenous Nations

This report from the United States (US) Senate Select Committee on Indian Affairs, the US Senate Committee on Energy and Natural Resources along with the Subcommittee on Water and Power, and the US House Committee on Interior and Insular Affairs along with the Subcommittee on Water and Power Resources, dated March 30, 1987, includes the transcript of a hearing to address the US Department of the Interior’s Garrison Unit Joint Tribal Advisory Committee’s (JTAC) finding that “the tribes of the Standing Rock and Fort Berthold Indian Reservations bore an inordinate share of the cost of implementing the Pick-Sloan Missouri Basin …

Social Theory And Political Practice: Unger's Brazilian Journalism, William H. Simon

Faculty Scholarship

Roberto Mangabeira Unger is a citizen of Brazil. While working on Politics, his large-scale treatise on social theory, he has been active in his country's politics. Among the fruits of these activities is a series of political and programmatic commentaries on Brazil published in the Brazilian press. The commentaries apply the style of political analysis and the general political program elaborated in Politics to the recent circumstances of Brazil. Thus, they give an extended illustration of Unger's general social theory. At the same time, they exemplify a form of political writing that attempts to combine ambitious critical social theory …

Water Resources Development Act Of 1986, United States Congress, Us House Of Representatives

US Government Documents Related to Indigenous Nations

This excerpt from a report from the House Committee of Conference dated October 17, 1986, was written to accompany United States (US) House Resolution 6, also known as the “Water Resources Development Act of 1986.” US House Resolution 6 authorizes development, flood control, and water protection measures for several projects across the US. This report suggests amendments to US House Resolution 6. This excerpt highlights a section of the report entitled “Garrison Land Transfer” which stipulates that 136 acres of land be held in trust by the United States for the Three Affiliated Tribes of the Fort Berthold Reservation in …

Some Questions For Republicans, Don Herzog

Articles

Even a sleepy historiographer of political theory of some future day will notice the most dramatic revision of the last 25 years or so. I refer of course to the discovery-and celebration-of civic humanism. The devilish Machiavelli of Elizabethan times has been gently set aside for "the divine Machiavel," the one who writes, "I love my native city more than my soul." And historians of political thought have lovingly traced the transmission of civic humanism from Florence to England and America, giving us a brand new past. America, we now know, was not the unthinkingly Lockean land served up by …

An Act To Implement Certain Recommendations Made Pursuant To Public Law 98-360, United States Congress

US Government Documents Related to Indigenous Nations

This public law, also known as "The Garrison Diversion Unit Reformulation Act of 1986" or United States (US) Public Law 99-294, passed on May 12, 1986, amended existing public law related to the Garrison Diversion Unit and addressed the major issues of meeting the water needs of North Dakota, addressing environmental impacts associated with the Garrison Diversion Unit, compensating farmers for lost land, honoring the Boundary Waters Treaty of 1909, and repaying Federal Loans that were used for the construction of the Garrison Diversion Unit.

To Implement Certain Recommendations Made Pursuant To Public Law 98-360, United States Congress, Us House Of Representatives

US Government Documents Related to Indigenous Nations

This report, dated April 22, 1986, is the second part of a two-part report. The first report “Garrison Diversion Unit Reformulation Act of 1986 is dated April 9, 1986 and was written to accompany United States (US) House Resolution 1116.

This second part, presented by Morris K. Udall from the US House Committee on Interior and Insular Affairs, summarizes modifications proposed to the Garrison Diversion Unit and provides a cost estimated for the proposed bill. The report acknowledges the devastating effects that the Pick-Sloan Project had on the tribes living on Fort Berthold and Standing Rock reservations. US House Resolution …

Garrison Diversion Unit Reformulation Act Of 1986, United States Congress, Us House Of Representatives

US Government Documents Related to Indigenous Nations

This report from the United States (US) House Committee on Interior and Insular Affairs dated April 9, 1986, was written to accompany US House Resolution 1116 which seeks authorization for the construction of the Garrison Diversion Unit to help meet the water needs of North Dakota (ND). US House Resolution 1116 proposes improved repayment methods for irrigation and includes provisions that will compensate for farmland lost to the implementation of the Pick-Sloan Missouri Basin Program. This report includes a history of the Garrison Dam project, including problems encountered with the proposed implementation of irrigation which some in Congress criticized as …

Three Affiliated Tribes V. Wold Engineering (1986), United States Supreme Court, Sandra Day O'Connor

US Government Documents Related to Indigenous Nations

Three Affiliated Tribes v. Wold Engineering is a case that forced the United States (US) Supreme Court to clarify US Public Law 83-280 (typically referred to as Public Law 280). Due to a lack of clarity in US Public Law 280, when the Three Affiliated Tribes attempted to sue Wold Engineering for breach of contract, North Dakota (ND) state courts told the tribes that they were unable to preside over a case between a sovereign nation and a private business. The ND Supreme Court held that the tribes would have to give up tribal sovereignty if they wanted to try …

A Hurried Perspective On The Critical Legal Studies Movement: The Marx Brothers Assault The Citadel, Maurice J. Holland

Articles by Maurer Faculty

No abstract provided.

Legal Informality And Redistributive Politics, William H. Simon

Faculty Scholarship

Until recently, one of the most consistent themes in both right and left critiques of the legal system has been the repudiation of procedural formality, that is, of specialized, rule-bound procedures. The left critique portrayed formality as facilitating the manipulation of the legal system by the privileged to the disadvantage of others. Both right and left critiques portrayed formality as expressing and fostering alienation and antagonism.

In recent years, however, attitudes toward formality on the left have become increasingly complex and ambivalent. This development may be partly a reaction to the rising prominence of a conservative rhetoric that links proposals …

An Act To Provide For The Use And Distribution Of Certain Funds Awarded The Wyandotte Tribe Of Oklahoma And To Restore Certain Mineral Rights To The Three Affiliated Tribes Of The Fort Berthold Reservation, United States Congress

US Government Documents Related to Indigenous Nations

This public law, dated October 30, 1984, also known as the Mineral Restoration Act of 1984 and Public Law 98-602, declared that the mineral interests in the land within the boarder of the Fort Berthold Reservation be held in trust by the United States for the benefit of the Three Affiliated Tribes of the Fort Berthold Reservation. In 2016, this public law allowed for the return of about 25,000 acres of land taken for the Garrison Dam Project to the Three Affiliated Tribes of the Fort Berthold Reservation.

Declaring That The Mineral Rights In Certain Lands Acquired By The United States In Connection With The Garrison Dam And Reservoir Project Are Held In Trust For The Three Affiliated Tribes Of The Fort Berthold Reservation, And For Other Purposes., United States Congress, Us Senate

US Government Documents Related to Indigenous Nations

This report from the Select Committee on Indian Affairs, dated September 18, 1984, was written to accompany United States (US) Senate Bill 2480 which puts the mineral rights of certain lands acquired by the United States for the Garrison Dam project in trust for the Three Affiliated Tribes. This report contains correspondences regarding US Senate Bill 2480 and proposed amendments for the bill. Various US government entities here debate whether the Three Affiliated Tribes have rights to the mineral interests on land that was taken for the Garrison Dam project. The bill summarizes that when the Three Affiliated Tribes accepted …

Year-End Report Of The 2d Session Of The 98th Congress, United States Congress, Us Senate

US Government Documents Related to Indigenous Nations

This excerpt from the United States (US) Year-End Senate Report, dated January 1, 1984, includes a section entitled “Accomplishments of the Senate Select Committee on Indian Affairs” that summarizes laws passed and enacted regarding Indigenous People in the United States. The summary covers business pertaining to tribes across the United States, including the note that hearings on Indian health were held in North Dakota, Alaska, Washington, and Montana and that the Indian Health Care Improvement Act was vetoed. The summary indicates that an inheritance and land consolidation code was enacted pertaining to the Sisseton-Wahpeton Sioux Tribe of North and South …

Diminished Luster In Escambia County?, Neal Devins

Faculty Publications

No abstract provided.

Three Affiliated Tribes V. Wold Engineering (1984), United States Supreme Court, Harry Blackmun

US Government Documents Related to Indigenous Nations

Three Affiliated Tribes v. Wold Engineering is a case that forced the United States (US) Supreme Court to clarify US Public Law 83-280 (typically referred to as Public Law 280). Due to a lack of clarity in US Public Law 280, when the Three Affiliated Tribes attempted to sue Wold Engineering for breach of contract, North Dakota (ND) state courts told the tribes that they were unable to preside over a case between a sovereign nation and a private business. The North Dakota courts held that the tribes would have to give up tribal sovereignty if they wanted to try …

Authorizing The Secretary Of The Interior To Set Aside Certain Judgment Funds Of The Three Affiliated Tribes Of Fort Berthold Reservation In North Dakota, United States Congress, Us Senate

US Government Documents Related to Indigenous Nations

This report, dated May 17 1983, also known as United States (US) Senate Report 98-126, was submitted by the US Senate Select Committee on Indian Affairs to accompany Senate Bill 727, "to authorize the Secretary of the Interior to set aside certain judgment funds of the Three Affiliated Tribes of Fort Berthold Reservation in North Dakota, and for other purposes." In the report, the committee recommends passage of the bill, with three amendments that are detailed in the report.

"It's My Party And I'Ll Cry If I Want To": State Intrusions Upon The Associational Freedoms Of Political Parties -- Democratic Party Of The United States V. Wisconsin Ex Rel. La Follette, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.

Prospects For Federalism, Maurice J. Holland

Articles by Maurer Faculty

No abstract provided.

Authorizing The Blackfeet And Gros Ventre Tribes To File In The U.S. Court Of Claims Any Claims Against The United States For Damages For Delay In Payment Of Lands Claimed To Be Taken In Violation Of The U.S. Constitution, And For Other Purposes, United States Congress, Us Senate

US Government Documents Related to Indigenous Nations

This report from the United States (US) Senate Select Committee on Indian Affairs and the Committee on the Judiciary, dated June 25, 1980 was written to accompany US Senate Bill 1795 which authorized the Blackfeet and Gros Ventre tribes to seek damages for US Constitutional violations and the delay of payment for taken lands. This report recommends an amendment to the language of US Senate Bill 1795. US Senate Bill 1795 became US Public Law 96-405 on October, 9, 1980.

Authorizing The Assiniboine Tribe To File In The U.S. Court Of Claims Any Claims Against The United States For Damages For Delay In Payment Of Lands Claimed To Be Taken In Violation Of The U.S. Constitution, And For Other Purposes, United States Congress, Us Senate

US Government Documents Related to Indigenous Nations

This report from the United States (US) Select Committee on Indian Affairs and the Committee on the Judiciary, dated June 25, 1980 was written to accompany US Senate Bill 1796 which authorized the Assiniboine tribe to seek damages for US constitutional violations and the delay of payment for taken lands. This report includes recommendations from the US assistant attorney general and proposed amendments for the bill. US Senate Bill 1796 became US Public Law 96-434 on October 10, 1980.

Judicial Review And The National Political Process: A Functional Reconsideration Of The Role Of The Supreme Court, Henry Paul Monaghan

Faculty Scholarship

Imagine a cold morning early in February. Slowly sipping coffee in an effort to awaken fully, you are reading through the Supreme Court advance sheets. You come across the following brief opinion:

PER CURIAM. Fisher v. Rye Co., No. 81-1, and First Savings Bank v. Smith, No. 81-2. These petitions for certiorari have been consolidated for disposition in a single opin-ion. No. 81-1 challenges an Executive Order that, in an effort to combat gender-based discrimination, requires government contractors to adopt affirmative action programs. No argument is made that the Executive Order is authorized by statute. Concluding that the …

National Organization For Women (Now) South Carolina Records - Accession 142, National Organization For Women, South Carolina

Manuscript Collection

The National Organization for Women (NOW) South Carolina Records consist of correspondence, memoranda, minutes, reports, agenda notes, financial records, newsletters, pamphlets and brochures, flyers, handbooks, newspaper clippings, and a tape recording relating to the organization's work to improve the status and life of South Carolina Women and their efforts toward the state ratification of the Equal Rights Amendment (ERA) , the 1984 Mondale-Ferraro campaign, and other issues concerning the women of South Carolina. Also contains information on the National and Southeast Region NOW organizations.

State Plans Inventory, Maine State Planning Office

Maine Collection

State Plans Inventory

Maine State Planning Office, Comprehensive Planning Assistance Divsion

Augusta, Maine (December, 1978).

"The preparation of this report was financially aided by a 701 Comprehensive Planning Assistance grant fro the U.S. Department of Housing and Urban Development."

Contents: Letter of Transmittal / Introduction / State Plans Inventory / Indices of State Plans / Tables

An Act To Establish For The Placement Of Indian Children In Foster Or Adoptive Homes To Prevent The Breakup Of Indian Families, And For Other Purposes, United States Congress

US Government Documents Related to Indigenous Nations

This United States (US) public law, also known as the Indian Child Welfare Act (IWCA) passed on November 8, 1978, addressed the high rate of removal of Indigenous children from their homes. The law established federal standards for removal and placement of children, imposing guidelines that aim to keep Indigenous children connected to their tribe and to their culture.

United States Indian Claims Commission Final Report, United States Indian Claims Commission

US Government Documents Related to Indigenous Nations

This document, dated September 30, 1978, is the final report of the United States (US) Indian Claims Commission which operated from 1946 to 1978. The Claims Commission served as an intermediary between Indigenous people in the United States and the US Court of Claims to help process the volume of claims filed against the United States. Following the “Indian Citizenship Act” (An Act to Authorize the Secretary of the Interior to Issue Certificates of Citizenship to Indians) in 1924, an increasing number of Indigenous people were filing suit with the Court of Claims over treaty violations and other grievances about …

Election Law And Election Reform: Strategy For The Long Run, Stephen E. Gottlieb

West Virginia Law Review

No abstract provided.

A Review Of The Environmental, Economic And International Aspects Of The Garrison Diversion Unit, North Dakota, United States Congress, Us House Of Representatives

US Government Documents Related to Indigenous Nations

This report, also known as United States (US) House of Representative Report 94-1335, was approved and adopted on June 30, 1976 by the US House Committee on Government Actions, and transmitted to the Speaker of the US House of Representatives on July 2 of 1976. It is based on a study by the Conservation, Energy and Natural Resources Subcommittee.

As the title suggests, the report examines the environmental, economic and international aspects of the Garrison Diversion project, which was 19% complete at the time of the report. The report runs 161 pages, excluding table of contents.