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Articles 1 - 30 of 43
Full-Text Articles in Public Interest
Justice Lost And Found Playlist, Njaj Editorial Board
Justice Lost And Found Playlist, Njaj Editorial Board
Nebraska Journal on Advancing Justice
No abstract provided.
Oh No, Don't Let The Rain Come Down..., Mervyn Bennun
Oh No, Don't Let The Rain Come Down..., Mervyn Bennun
Nebraska Journal on Advancing Justice
No abstract provided.
The Failure Of Law Reform: Housing Codes, Bans On Retaliatory Eviction, And The Implied Warranty Of Habitability, David Ray Papke
The Failure Of Law Reform: Housing Codes, Bans On Retaliatory Eviction, And The Implied Warranty Of Habitability, David Ray Papke
Nebraska Journal on Advancing Justice
No abstract provided.
Unauthorized Practice Of Law Reform And Domestic Violence Advocacy: Advocate Perspectives On Legal Training, Cayley Balser, Stacy Jane
Unauthorized Practice Of Law Reform And Domestic Violence Advocacy: Advocate Perspectives On Legal Training, Cayley Balser, Stacy Jane
Nebraska Journal on Advancing Justice
No abstract provided.
Introduction, Katherine M. Houlden
Introduction, Katherine M. Houlden
Nebraska Journal on Advancing Justice
No abstract provided.
Volume 3, Issue 1 Masthead, Njaj Editorial Board
Volume 3, Issue 1 Masthead, Njaj Editorial Board
Nebraska Journal on Advancing Justice
No abstract provided.
Betschart V. Oregon: A Seven-Day Standard For Maine, Henry Gates
Betschart V. Oregon: A Seven-Day Standard For Maine, Henry Gates
Maine Law Review
Maine lacks a clear standard for ensuring the right to counsel for indigent defendants. The State’s public defense system is struggling to meet Maine’s constitutional mandate: To provide indigent defense services in rural areas and across the state. An aging bar with few new attorneys working in rural areas—where there are often higher relative prosecution rates and a corresponding increased need for legal services—is contributing to the problem. This has resulted in a legal system that negatively impacts rural communities and indigent defendants to the point that one court concluded the state is violating the Sixth Amendment. Following the Ninth …
Advocacy Matters, Richard Collins
Advocacy Matters, Richard Collins
American Indian Law Journal
The Supreme Court’s 2022 Castro-Huerta decision was wrong on the points it discussed. It was doubly wrong for a reason it ignored. But the latter error was shared because all briefs and the dissenting opinion ignored it as well. The question presented was whether a nineteenth-century federal Indian country statute provided for exclusive federal jurisdiction over interracial crimes, or for concurrent authority with states. The Court held that the statute allowed concurrent jurisdiction. But it ignored the fact that Congress and the Court, until fairly recently, avoided concurrent federal-state jurisdiction over crimes. Had the self-styled originalist Justices taken their theory …
Stability At Stake: The Effects Of Overturning Chevron On Indian Gaming, Evan Callahan
Stability At Stake: The Effects Of Overturning Chevron On Indian Gaming, Evan Callahan
American Indian Law Journal
The Supreme Court’s decision in Loper Bright to overturn Chevron Deference marks a significant change in administrative law and could have drastic consequences for the regulation of Indian gaming in the United States. This Note explores the implications of such a shift, emphasizing the importance of maintaining stability in the highly regulated gaming industry. Many stakeholders, including operators, investors, regulatory agencies, and patrons, may face significant uncertainty without doctrines such as Chevron Deference. Without agency expertise in interpreting statutes, the Court may instead directly influence the regulation of Indian gaming in the United States, presenting challenges and uncertainties for all …
Reading Between The Treaties: Why The Supreme Court Must Honor The Indian Canons Of Construction, Amelia R. Wimmer
Reading Between The Treaties: Why The Supreme Court Must Honor The Indian Canons Of Construction, Amelia R. Wimmer
American Indian Law Journal
This Note critically examines the Indian canons of construction as interpretive tools employed by the United States Supreme Court in cases involving treaties and statutes with Tribal Nations. Ultimately tracing their origins to Worcester v. Georgia, this Note explores how the Indian canons were designed to protect tribal sovereignty, ensure the liberal construction of ambiguous provisions in favor of tribes, and prevent the abrogation of tribal land and rights. Shifts in interpretive philosophy and the rise of textualism have led to a checkered application of the Indian canons across courts. However, a continued application of the Indian canons is necessary …
The Federal Trust Responsibility And Special Domestic Violence Criminal Jurisdiction: Restoring Justice In Tribal Nations , Sofia Sallas
American Indian Law Journal
Special Domestic Violence Criminal Jurisdiction (SDVCJ), enacted through the Violence Against Women Act, was designed to address jurisdictional gaps that long allowed non-Indian perpetrators of domestic violence in Indian Country to evade accountability. Yet despite restoring Tribal authority, SDVCJ remains significantly under-implemented. This Note argues that this failure is not merely a policy shortcoming, but a legal one. Congress restored Tribal criminal jurisdiction while conditioning its exercise on federal funding, coordination, and institutional support. Federal agencies, however, have failed to provide the consistent infrastructure necessary for SDVCJ to function in practice. These failures breach the federal trust responsibility, which imposes …
Tribal Nations As Lords Of The Fee: A Common Law Argument For Tribal Discretion In Spending Federal Forfeiture Funds, Kent A. Anderson
Tribal Nations As Lords Of The Fee: A Common Law Argument For Tribal Discretion In Spending Federal Forfeiture Funds, Kent A. Anderson
American Indian Law Journal
Federal criminal forfeiture is a powerful tool meeting at the nexus of criminal law and property law. Courts justify its use based on its English common law history. After seizing and selling assets, the federal government doles out payments from its Assets Forfeiture Fund to cooperating law enforcement agencies through equitable sharing agreements that bind recipients to use funds for law enforcement purposes. Tribal Nations have compelling legal and policy arguments for their entitlement to greater access to and discretion over forfeiture funds obtained through seizures in Indian country. These legal arguments are grounded in: (1) federal criminal forfeiture’s failure …
September 2024 – August 2025 Case Law On American Indians, Thomas P. Schlosser
September 2024 – August 2025 Case Law On American Indians, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
Lost And Found, Katherine M. Houlden
Lost And Found, Katherine M. Houlden
Nebraska Journal on Advancing Justice
No abstract provided.
Home Of The Brave, Land Of The Free: The Star-Spangled Banner's Contested History, Michael H. Hoffheimer
Home Of The Brave, Land Of The Free: The Star-Spangled Banner's Contested History, Michael H. Hoffheimer
Nebraska Journal on Advancing Justice
No abstract provided.
Pearl's Perfect Last Will - Crushed By Infantilism Bias, Edward F. Fogarty Mr
Pearl's Perfect Last Will - Crushed By Infantilism Bias, Edward F. Fogarty Mr
Nebraska Journal on Advancing Justice
No abstract provided.
Dangerous Or Neglected, Amanda Landaverde
Dangerous Or Neglected, Amanda Landaverde
Nebraska Journal on Advancing Justice
No abstract provided.
The Call To Action, And My Reluctant Answer, Audrey R. Svane
The Call To Action, And My Reluctant Answer, Audrey R. Svane
Nebraska Journal on Advancing Justice
No abstract provided.
Legacy: Introduction To Issue 2, Nicholas L. Marti
Legacy: Introduction To Issue 2, Nicholas L. Marti
Nebraska Journal on Advancing Justice
No abstract provided.
Volume 2, Issue 2 Masthead, Njaj Editorial Board
Volume 2, Issue 2 Masthead, Njaj Editorial Board
Nebraska Journal on Advancing Justice
No abstract provided.
"In Better Times": The Basis Of Representation And The Forgotten History Of The Fourteenth Amendment, Jessica I. Gorovitz
"In Better Times": The Basis Of Representation And The Forgotten History Of The Fourteenth Amendment, Jessica I. Gorovitz
Fordham Law Review
Over the past several years, the U.S. Supreme Court has incorporated history into the analysis of unenumerated individual rights, like abortion, and enumerated ones, like the right to keep and bear arms. But it has not incorporated history into its approach to individual rights claims of racial discrimination under the Equal Protection Clause, a methodological gap the Court has left unexplained. Rather, it has held that the purpose of the Fourteenth Amendment is to prevent racial classifications, largely citing its own precedent, eschewing the Amendment’s history. This approach conflicts with section 2 of the Voting Rights Act, which requires states …
Let’S Talk About The Biological Reality Of Sex, Baby, John Parsi
Let’S Talk About The Biological Reality Of Sex, Baby, John Parsi
FIU Law Review
Sex is at the very core of individual identity. It affects the conception of the self and the way others view the individual. Every day, one’s sex may open and close doors, access to communities, and opportunities. Laws that define sex may affirm scientific knowledge and protect people, or threaten to unravel the facts and the reality of sex. A deep unmooring of sex is underway, and this Article aims to halt it. On day one of the current presidential term, January 20, 2025, President Trump signed an Executive Order on “Defending Women from Gender Ideology Extremism and Restoring Biological …
Truth Comes Before Reconciliation: An Exercise In American Truth-Telling, Hannah Fidler
Truth Comes Before Reconciliation: An Exercise In American Truth-Telling, Hannah Fidler
Nebraska Journal on Advancing Justice
No abstract provided.
Roots In South Omaha: Navigating Identity, Culture, And Justice, Natalia Lopez
Roots In South Omaha: Navigating Identity, Culture, And Justice, Natalia Lopez
Nebraska Journal on Advancing Justice
No abstract provided.
Introduction, Nicholas L. Marti
Introduction, Nicholas L. Marti
Nebraska Journal on Advancing Justice
No abstract provided.
2025-26 Masthead (Volume 2, Issue 1), Njaj Editorial Board
2025-26 Masthead (Volume 2, Issue 1), Njaj Editorial Board
Nebraska Journal on Advancing Justice
No abstract provided.
Investigating The Relationship Between Noun Classes And Plant Folk Taxonomy In Chasu Language Of Kilimanjaro Region In Tanzania, Peter Rabson Mziray
Investigating The Relationship Between Noun Classes And Plant Folk Taxonomy In Chasu Language Of Kilimanjaro Region In Tanzania, Peter Rabson Mziray
Journal of Humanities and Social Sciences
The current study investigates the relationship between noun classes and plant folk taxonomy in Chasu (G 22). The study focuses on two objectives: the first objective is to describe the plant folk taxonomy in Chasu and the second objective is to determine the relationship between noun classes and plant folk taxonomy in Chasu. Data were collected from rural villages in Same and Mwanga districts by using free listing, field interviews (jungle-walk-and-identify), and written texts containing Chasu plant names. The findings reveal that Chasu folk taxonomy reflects different ethnobotanical categories; including a unique beginner which is mmea/mimea ‘plant(s)’, and three life …