Supreme Court of the United States Commons^™

Judges And Federalism: A Comment On "Justice Kennedy's Vision Of Federalism", Robert F. Nagel

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No abstract provided.

Indirect Constitutional Discourse: A Comment On Meese, Robert F. Nagel

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Nineteenth-Century Orthodoxy, Richard B. Collins

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Interpreting Indian Country In State Of Alaska V. Native Village Of Venetie, Kristen A. Carpenter

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According to federal Indian law's canons of construction, statutes enacted for the benefit of American Indians and Alaska Natives must be liberally interpreted in their favor. But a doctrine of statutory interpretation presently challenges certain applications of the Indian canons. Announced by the Supreme Court in Chevron, U.S.A. v. Natural Resources Defense Council, Inc., the doctrine requires that courts defer to administrative agency interpretations of ambiguous language in statutes they are authorized to administer. In instances where agencies construe statutes against Indian interests, Chevron deference and the Indian canons dictate opposite results for a reviewing court. This conflict muddles Indian …

Privacy And Celebrity: An Essay On The Nationalization Of Intimacy, Robert F. Nagel

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Judicial Supremacy And The Settlement Function, Robert F. Nagel

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Authorizing Interpretation, Pierre Schlag

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Subtracting Sexism From The Classroom: Law And Policy In The Debate Over All-Female Math And Science Classes In Public Schools, Carolyn B. Ramsey

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The Federal Psychotherapist-Patient Privilege After Jaffee: Truth And Other Values In A Therapeutic Age, Christopher B. Mueller

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Recent Developments, An Appeal By Any Other Name: Congress's Empty Victory Over Habeas Rights--Felker V. Turpin, 116 S. Ct. 2333 (1996), Scott Moss

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Watts: The Decline Of The Jury, William T. Pizzi

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Real Revolution, Robert F. Nagel

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Playing Defense, Robert F. Nagel

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Noting that the Romer opinion condemns the motives behind Amendment 2 without pausing even briefly to examine the social context in which it was enacted, Professor Nagel describes the decision as a model of the intolerant impulse in action. He traces this impulse to the Justices' unwillingness to examine their own role--and that of the rest of the constitutional law establishment--in creating the underlying conditions that produced Amendment 2.

In order to identify those conditions, Professor Nagel analyzes the primary document used by Colorado for Family Values during its campaign on behalf of the initiative. He argues that this document …

Brief Of Lone Wolf, Principal Chief Of The Kiowas, To The Supreme Court Of The American Indian Nations, S. James Anaya

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Introduction, Paul F. Campos

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Conquering The Cultural Frontier: The New Subjectivism Of The Supreme Court In Indian Law, David H. Getches

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For a century and a half, the Supreme Court was faithful to a set of foundation principles respecting Indian tribal sovereignty. Though the United States can abrogate tribal powers and rights, it can only do so by legislation. Accordingly, the Court has protected reservations as enclaves for Indian self-government, preventing states from enforcing their laws and taxes, and holding that even federal laws could not be applied to Indians without congressional permission. Recently, however, the Court has assumed the job it formerly conceded to Congress, considering and weighing cases to reach results comporting with the Justices' subjective notions of what …

The Term Limits Dissent: What Nerve, Robert F. Nagel

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California’S Proposition 187--Does It Mean What It Says? Does It Say What It Means? A Textual And Constitutional Analysis, Lolita K. Buckner Inniss

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Hiding The Ball, Pierre Schlag

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The Future Of Federalism, Robert F. Nagel

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Progress And Constitutionalism, Robert F. Nagel

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Forty Years In The Desert, Paul F. Campos

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The author uses Brown v. Board of Education and the volumes of commentary it has provoked to illustrate that coherent constitutional interpretation is a useless exercise. He argues that the decision should be accepted as political reality and moral necessity and that we should cease debating its merit as constitutional interpretation.

Affirmative Action As A Women's Issue, Helen Norton

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Initiative Petition Reforms And The First Amendment, Emily Calhoun

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A Comment On "Constitutional Rights As Public Goods", Robert F. Nagel

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Discussion of T. W. Merrill, Dolan v. City of Tigard: Constitutional Rights as Public Goods, 72 Denv. U. L. Rev. 859 (1995).

A Heterodox Catechism, Paul Campos

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Voice In Government: The People, Emily Calhoun

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Shaw V. Reno: On The Borderline, Emily Calhoun

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Disagreement And Interpretation, Robert F. Nagel

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A Tribute To Thurgood Marshall, Peter N. Simon

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