Law School Scholarly Works: Recent submissions
Now showing items 201-220 of 629
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Contract and Choice
(Brigham Young University, 2012)This Article contributes to an ongoing debate, afoot in academic, legal, and policy circles, over the future of consumer arbitration. Utilizing a newly-available database of credit card agreements, the article offers an ... -
Marbury's Unfulfilled Promise: Government Benefits and the Rule of Law
(2002)Given the centrality of rule of law principles to the constitutional order, we have never been entirely comfortable with current legal doctrines which leave basic rule of law safeguards for government benefits, such as ... -
Agency-Specific Precedents
(New York University School of Law, 2011)As a field of legal study and practice, administrative law rests on the premise that legal principles concerning agency structure, administrative process, and judicial review cut across multiple agencies. In practice, ... -
A Collective Action Perspective on Ceiling Preemption By Federal Environmental Regulation: The Case of Global Climate Change
(Northwestern University School of Law, 2008)In an era of regulatory skepticism, proponents of regulation in general and environmental regulation in particular face a number of new political and legal hurdles, particularly at the federal level. Frustrated with federal ... -
Government Benefits and the Rule of Law: Toward a Standards-Based Theory of Due Process
(American Bar Association, 2006)Under the Supreme Court's current due process jurisprudence, due process applies only when government actors deprive a person of a protected interest in life, liberty, or property, and government benefits are property only ... -
A Standards-Based Theory of Judicial Review and the Rule of Law
(2005)The constitutionality of legislative preclusion of judicial review has received considerable attention from constitutional and administrative law scholars. We join this debate by proposing a new approach: a standards-based ... -
Failure to Progress: A Renewed Call for American Indians and Alaskan Natives on the Federal Bench
(Federal Bar Association, 2011)In recent history, women and people of color are increasingly represented in the federal government, and the federal judiciary more specifically. Yet, despite this progress in the appointment, confirmation and election of ... -
The Emerging Problem of Methamphetamine: A Threat Signaling the Need to Reform Criminal Jurisdiction in Indian Country
(University of North Dakota School of Law, 2006)Since the eighteenth century, the federal government has maintained that it has criminal jurisdiction in Indian Country. Yet, “[t]hough Congress has often justified imposition of the federal criminal justice system in ... -
Modern Realities of the 'Jurisdictional Maze' in Indian Country: Case Studies on Methamphetamines Use and the Pressures to Ensure Homeland Security
(Federal Bar Association, 2007)Because legal jurisdction in Indian country can involve three separate actors -- the tribe, the federal government, and potentially the state government -- the laws governing which entity has authority in various situations ... -
Counterpoint: Promoting Tribal Self-Determination in a Post-Oliphant World: An Alternative Road Map
(Federal Bar Association, 2007)This article considers a potential congressional "fix" for the U.S. Supreme Court's decision in Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978), where the Court held that Indian tribes do not have criminal jurisdiction ... -
An Affront to Our Shared Humanity: The 112th Congress' Failure to Enact Senate Bill 1925
(Federal Bar Association, 2013)One in three American Indian women is raped or is a victim of attempted rape. American Indian women experience domestic violence at twice the rate of other women in the United States. At some places in the United States, ... -
United States v. Jicarilla Apache Nation: Its Importance and Potential Future Ramifications
(Federal Bar Association, 2012)This brief article considers the potential implications of the United States Supreme Court's decision in United States v. Jicarilla Apache Nation. The case differs procedurally from most cases decided by the U.S. Supreme ... -
Effective Access to Justice: Applying the Parens Patriae Standing Doctrine to Climate Change-Related Claims Brought by Native Nations
(University of Montana School of Law, 2011)Because of the unique character of Native Nations, these communities are more likely to be impacted by climate change. First, because Native Nations are often tied to specific areas of land, such as reservations, it is ... -
Commonality Among Unique Indigenous Communities: An Introduction to Climate Change and Its Impacts on Indigenous Peoples
(Edward Elgar Publishing, 2013)This book (Climate Change and Indigenous Peoples: The Search for Legal Remedies) explores how climate change affects the rights of indigenous peoples. Climate change is a global environmental problem caused by greenhouse ... -
Application of Title VI in Indian Country: The Key is Tribal Sovereignty
(Florida A & M University College of Law, 2011)Modern environmental justice concerns are those facing communities of color and poor communities where the inequality faced by these communities intensifies environmental disadvantages. Title VI of the Civil Rights Act ... -
Alternative Energy Development in Indian Country: Lighting the Way for the Seventh Generation
(University of Idaho College of Law, 2010)Studies increasingly show that Indian country may be uniquely positioned to develop alternative energy. Indian country in general constitutes a significant portion of land in the United States. In recognition of the ... -
Tribal Renewable Energy Development under the Hearth Act: An Independently Rational, but Collectively Deficient Option
(2013-03-11)Increased domestic energy production is of enhanced importance to the United States of America. Given the growing focus on energy development, and specifically domestic energy development, many, including tribal governments, ... -
One Statute for Two Spirits: Same-Sex Marriage in Indian Country
(Jurist, 2013-04-16)On March 15, 2013, the Little Traverse Bay Bands of Odawa Indians (LTBB) became the third tribal nation to recognize same sex unions. The LTBB statute, Waganakising Odawak Statute 2013-003, defines marriage as “the legal ... -
Indian Claims and the Court of Federal Claims: A Legal Overview, Historical Accounting and Examination of the Court of Federal Claims' and Federal Circuit's Impact on Federal Indian Law
(The Federal Circuit Historical Society, 2012)Many would argue that the history of the federal government’s relationship with Indian tribes is replete with examples of atrocities and shameful actions on the part of the federal government (which is not to say that ... -
Tribal Energy Resource Agreements: '[A] Great Mischief for Indian Energy Development' and the Resulting Need for Reform
(Pace University Law School, 2012)Today, despite political acrimony on many domestic issues, both political parties and the majority of the American public seem to agree that the country should find new, domestic sources of energy. When looking for potential ...