Posts tagged with: "scholarship"
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12 Nov 2012, 8:24 am
Lee Epstein is the Provost Professor of Law and Political Science and the Rader Family Trustee Chair in Law at the University of Southern California. Andrew D. Martin is Vice Dean and Professor of Law at Washington University in St. Louis. Is the Roberts Court especially activist or, depending on your preference, especially lacking in judicial self-restraint? If we define judicial self-restraint as a reluctance to declare legislative action unconstitutional and confine the analysis to the… [read post]
17 Jul 2013, 6:45 am
NYU Journal of Legislation & Public Policy vol. 16 #2 (Spring 2013) A Celebration of Baseball Unionism Paul D. Brachman & Bert Forsythe, Preface Ross E. Davies, Along Comes the Players Association: The Roots and Rise of Organized Labor in... [read post]
3 Jul 2013, 4:06 am
Kyle Conway has published “Inherently or Exclusively Federal: Constitutional Preemption and the Relationship Between Public Law 280 and Federalism” in the University of Pennsylvania Journal of Constitutional Law (SSRN link). Here is the abstract: The basic principles of Indian-law jurisprudence often appear disconnected with basic principles of American constitutional law. Indian law, however, has a special significance to important issues of state and federal power. This Article seeks… [read post]
29 Mar 2013, 7:14 am
The Cardozo Journal of Conflict Resolution has published “Hawaiian Land Disputes: How the Uncertainty of the Native Hawaiian Indigenous Tribal Status Exacerbates the Need for Mediation,” a student note (PDF). From the intro: Many people see the Hawaiian Islands as a paradise in the Pacific Ocean.1 However, most are unaware that history has left an unpleasant and permanent scar on the original inhabitants of the islands, the Native Hawaiians. It is often forgotten that the islands were… [read post]
27 Mar 2013, 4:58 am
Here is a new student article, “Shooting Craps: How Denying Tribal Casinos Bankruptcy Relief Ensures that Everyone Loses and a New Rule to Provide Potential Chapter 11 Relief,” available on SSRN. It will be published in the Temple Law Review. Here is the abstract: In August 2012, the Bankruptcy Court for the Southern District of California dismissed a Chapter 11 petition filed by the Santa Ysabel Resort and Casino finding that the casino was an ineligible debtor under the Bankruptcy… [read post]
18 Aug 2015, 9:37 am
Nancy S. Kim and I have an article, Internet Giants as Quasi-Governmental Actors and the Limits of Contractual Consent, forthcoming in the Missouri Law Review, and that journal has been kind enough to feature our abstract on their homepage. We... [read post]
5 Aug 2015, 8:39 am
In 2004, the American Political Science Association Task Force on Inequality and American Democracy issued a report on American Democracy in an Age of Rising Inequality. It started with a damning critique of American Democracy: "Today ... the voices of American citizens are raised and heard unequally. The privileged participate more than others and are increasingly well organized to press their demands on government. Public officials, in turn, are much more responsive to the privileged than to… [read post]
14 Jan 2015, 6:58 pm
One of the most interesting "star" (acknowledgements) footnotes I've seen in a long time: "Precious debts of gratitude to St Jude Thaddeus for efficacious intervention." (Filling in: St. Jude Thaddeus is the patron saint of lost causes; the footnote does not appear in a law journal published by a school with a religious affiliation, and is not by a scholar teaching at such a law school.) [read post]
18 Jan 2007, 5:17 am
I'm a big fan of Nick Hornby (this essay in the New Yorker is the funniest piece of music criticism I've ever read), including his "Stuff I've Been Reading" column in The Believer. The basic idea is that he starts each column with a list of the books he's bought and the books he's read in the preceding month, and then proceeds to riff on it. (The one rule is that he can't say anything negative about any of it, because The Believer's not that sort of… [read post]
26 Jan 2017, 3:00 am
The 2017 RHSU Edu-Scholar Public Influence Scoring Rubric: Tomorrow I’ll be posting the 2017 Rick Hess Straight Up (RHSU) Edu-Scholar Public Influence Rankings in this space, honoring the 200 university-based education scholars who had the biggest influence on the nation’s education discourse last year. Today, I want to run through... [read post]
16 Dec 2016, 3:19 am
On SSRN, here: Mitigating State Sovereignty: The Duty to Consult with Indigenous Peoples67 University of Toronto Law Journal ___ (Forthcoming), Arizona Legal Studies Discussion Paper No. 16-42S. James Anaya and Sergio Puig University of Colorado Law School and University of Arizona Law SchoolDate Posted: November 30, 2016 Tribal, Federal, and State Laws Impacting the Eastern Shawnee Tribe, 1812 to 1945The Eastern Shawnee Tribe of Oklahoma: Resilience through Adversity (University of Oklahoma Press… [read post]
26 Aug 2016, 11:03 am
Courtesy of the good folks at St. Thomas. The number of cites are remarkably few, even for those in "the top ten." [read post]
13 May 2012, 5:26 am
Heather J. Tanana and John C. Ruple have published “Energy Development in Indian Country: Working within the Realm of Indian Law and Moving Towards Collaboration” in the Utah Environmental Law Review. [read post]
2 Apr 2012, 12:43 am
Matthew King has posted his paper, “Indian Gaming and Tribal Identity,” on SSRN. It was published in the Chicano-Latino Law Review. Here is the abstract: The article presents the significant developments in the law governing Indian gaming with a view to assessing gaming’s politicization of Native identity. By addressing the stereotypes and caricatures of Native Americans and tribes that animate legal and political change in the field, the article seeks to demonstrate the… [read post]
29 Feb 2012, 5:51 am
John C. Hoelle has published his interesting paper, “Re-Evaluating Tribal Customs of Land Use Rights,” in the University of Colorado Law Review, available on SSRN. Here is the abstract: Indigenous peoples developed sustainable land tenure systems over countless generations, but these customary systems of rights are barely used by American Indian tribes today. Would increasing formal recognition of these traditional customs be desirable for tribes in a modern context? This Comment… [read post]
3 Jul 2014, 4:23 am
The UNLV Gaming Law Journal has published “Fencing the Buffalo: Off-Reservation Gaming and Possible Amendments to Section 20 of the Indian Gaming Regulatory Act” (PDF). [read post]
17 Apr 2014, 1:41 pm
Elizabeth Pollman at the Loyola Law School Los Angeles, recently posted her paper, A Corporate Right to Privacy, on SSRN (forthcoming in the Minnesota Law Review 2014). This paper timely weighs in on the corporate personhood debate by addressing one... [read post]
21 Feb 2014, 4:58 am
Jason Hipp has published “Rethinking Rewriting: Tribal Constitutional Amendment and Reform,” in the Columbia Journal of Race and Law. This paper won the 12th Annual NNALSA Indian Law Writing Competition. Here is the abstract: This Essay examines the recent wave of American Indian tribal constitutional change through the framework of subnational constitutional theory. When tribes rewrite their constitutions, they not only address internal tribal questions and communicate tribal values,… [read post]
1 Feb 2014, 12:18 pm
On June 11, 2013, the Supreme Court heard oral argument in the case of State of Ohio v. Eric Long, 2012-1410. At issue in this case is whether, if not mandatory, the state can impose a sentence of life without parole on a juvenile homicide offender after the United States Supreme Court decision in Miller v. Alabama, and, if so, how trial courts are to consider youth as part of the sentencing process. In 2012, in Miller, the U.S. Supreme Court held that imposing a mandatory sentence of life without… [read post]
30 Dec 2013, 3:55 am
Tonya L. Brito, Raymond Kirk Anderson, and Monica Ashley Wedgewood have posted “Chronicle of a Debt Foretold: Zablocki v. Red Hail, 434 U.S. 374 (1978),” on SSRN. Here is the abstract: Zablocki v. Red Hail is a canonical case in family law jurisprudence. One of the few Supreme Court decisions addressing the fundamental right to marry, the case involves a successful challenge to Wisconsin’s “permission to marry” statute. However, the conventional understanding of the… [read post]
