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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 …

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 …

Diminished Luster In Escambia County?, Neal Devins

Faculty Publications

No abstract provided.

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.

Cities Within A City : On Changing Cleveland's Government, Burt W. Griffin

Cleveland Memory

Burt W. Griffin has been a judge of the Common Pleas Court of Cuyahoga County, Ohio since January 3, 1975. From 1966 to 1975, he served as a legal aid lawyer in various capacities including Executive Director of the Cleveland Legal Aid Society and National Director of the Legal Services Program, U.S. Office of Economic opportunity. He was Assistant Counsel to the President's Commission on the Assassination of President Kennedy during 1964. Judge Griffin has been a life-long resident of Greater Cleveland. He was born in Cleveland's Hough section in 1932, lived in the Shaker Square area of Cleveland from …

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.

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.

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 …

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.

Bryan V. Itasca County, Us Supreme Court, William J. Brennan

US Government Documents Related to Indigenous Nations

This United States (US) Supreme Court case, decided June 14, 1976, provided clarity on the jurisdiction granted by US Public Law 280 in regard to taxation of the personal property of reservation Indians. In 1972, petitioner Russell Bryan, enrolled member of the Minnesota Chippewa Tribe residing on the Leech Lake Reservation in Minnesota, received a notice of taxation on his home from Itasca County, Minnesota. Bryan filed suit to Minnesota district court which ruled in favor of Itasca County. Although US Public Law 280 does not specifically address taxation, the district court based its decision on US Public Law 280, …

Providing For The Establishment Of The Clara Barton National Historic Site, Md.; John Day Fossil Beds National Monument, Oreg.; Knife River Indian Villages National Historic Site, N. Dak.; Springfield Armory National Historic Site, Mass.; Tuskegee Institute National Historic Site, Ala.; And Martin Van Buren National Historic Site, N.Y., And For Other Purposes, 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 August 14, 1974, was written to accompany US House Resolution 13157 which proposed to establish six new historic sites in the United States, all to be classified under the National Park System, including the Knife River Indian Villages National Historic Site in North Dakota. This report recommends minor wording amendments to US House Resolution 13157 and clarifies that the establishment of each historic site listed in US House Resolution 13157 was initially proposed as individual pieces of legislation that were all wrapped into this singular …

The Fairness Doctrine And Pro-Natalism In Television, Myra Spicker

IUSTITIA

It is a premise of this paper that television reflects a pro-natalist bias in its promotion of the traditional female role in society, and that such bias is evident in both commercial advertisements as well as in dramatic presentations particularly on daytime television. Those who are opposed to a pro-natalist point of view will find it virtually impossible to air their opposition effectively. At best anti-natalist groups may be able to garner only meager financial resources to air spot commercials, but this is hardly adequate to combat the subtle onslaught of the opposition. Suggestions have been made that pro-natalist attitudes …

A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne

Faculty Publications

No abstract provided.

Authorizing The Establishment Of The Knife River Indian Village National Historic Site, United States Congress, Us Senate

US Government Documents Related to Indigenous Nations

This report from the (US) States Senate Committee on Interior and Insular Affairs, dated November 29, 1973 was written to accompany US Senate Bill 1468 which sought to establish the Knife River Indian Villages National Historic Site in North Dakota. This report seeks to amend US Senate Bill 1468 to specify funding limits for acquisition of land and for development of the historic site. US Senate Bill 1468 was passed by the US Senate as amended on November 30, 1973. This legislation was reintroduced as part of an omnibus bill that established six new national historic sites. That legislation, US …

A Comment On Dean Sovern's Paper, Patrick L. Baude

IUSTITIA

As I understand Mr. Sovern's proposition, we ought to expect a protest group to be at its most effective in court, since in the United States, adjudication is a widely and deeply respected method of resolving conflict and of presenting claims, of taking part in the shared traditions of decency and civility and law. If you want to avoid being criticized for impermissible methods, writing a brief is one of the easiest ways to avoid it. It doesn't involve rock-throwing, shouting, or even picketing. Yet, at this very place where one would expect a protest group to be most effective, …

A Comment On Professor Hook's Paper, Julius G. Getman

IUSTITIA

I start with the concession that much of what Professor Hook says is true. Not to recognize this would be folly. Hook's condemnation of academic violence is necessary, justified, and important. Ultimately, however, the picture he draws and the conclusions he states are misleading.

Academic freedom is indeed in jeopardy, but not merely from the internal sources Hook mentions. Outside pressures exist as well. Professor Hook suggests that by establishing a criminal law system, universities can successfully cope with student violence. Having been involved at almost every level of the internal judicial process at the university, I am convinced such …

A Variety Of Perspectitives: An Introduction, Clarine Nardi Riddle

IUSTITIA

The writers of the subsequent essays in response to "The Corner" present the problems, insofar as their persuasions permit, and analyze and solve them according to their disciplines. In so doing, the writers offer the beginnings of a variety of resources for consideration without pretending to provide exhaustive solutions.

The City Of New Town, North Dakota V. U.S, United States Court Of Appeals, Eighth Circuit

US Government Documents Related to Indigenous Nations

This court case, decided on January 17, 1972, established that the act of 1910 which allowed for the sale of “surplus” lands on the Fort Berthold Reservation after allotment did not change the jurisdictional boundaries of the reservation, meaning that the reservation proper still includes the northeast quadrant.

Minot Extension, Garrison Diversion Unit, Missouri River Basin Project, North Dakota. Communication From The Assistant Secretary Of The Interior Transmitting A Report On The Minot Extension, Garrison Diversion Unit, Missouri River Basin Project, North Dakota, Pursuant To The Provisions Section 9(A) Of The Reclamation Project Act Of 1939, United States Congress, Us House Of Representatives

US Government Documents Related to Indigenous Nations

This communication, dated June 8, 1970, from the United States (US) Assistant Secretary of the Interior provides details on the proposed Garrison Diversion Unit extension in Minot, North Dakota (ND). The proposed Minot Extension would provide municipal and industrial water supply to the city of Minot, ND which, at the time of the report, did not have adequate supply to meet its long-term needs. The extension would also provide enhancement for outdoor recreational uses. This communication indicates that a report on the Minot Extension was sent to the president and to all impacted US states for review. The communication contains …