The constitutional committment to legislative adjudication in the early American tradition
Article Abstract:
The legislatures of pre-1800 America performed many functions now acknowledged as the realm of the judiciary, indicating that fundamental constitutional principles, such as separation of powers, did not develop from timeless, immutable ideals. The framers set down sound principles of government as they understood them and which were developed within the context of their colonial experiences. The Constitution was meant to organize societal relationships and as the nature of those relationships changed, the rules extracted from the constitution also changed.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1998
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Adjudication and its discontents: coherence and conciliation in federal Indian law
Article Abstract:
The US tribal law system should be refocused to favor negotiation over adjudication. Litigation has proven to be an unsuccessful way for native Americans to vindicate their rights under federal Indian law because the law was drafted by the colonizers from a colonial perspective. A model that positions the federal government and tribes as separate sovereigns would reduce the risk of exercise of colonial power. Tribes could play a greater role in negotiating the laws that their societies are to be bound by.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1997
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A public accommodations challenge to the use of Indian team names and mascots in professional sports
Article Abstract:
Title II of the Civil Rights Act of 1964 may force professional sports teams to stop using racist and stereotypical American Indian names and mascots. Political pressure and other forms of legal challenge hitherto have not compelled the Indians, Redskins, Chiefs, Braves, and Blackhawks franchises to change their names. However, the tendency of these names to deter Native Americans from equal enjoyment of places of public accommodation may allow a Title II challenge to succeed.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1999
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