Author: Bethany Berger
Publisher: West Academic Publishing
Release Date: 2015-02-27
This casebook provides an introduction to the legal relationships between American Indian tribes, the federal government, individual states, and others. The foundational cases are incorporated with statutory text, background material, hypothetical questions, and discussion problems to structure the classroom experience and enhance student engagement. Historical materials are explained to highlight their modern relevance. The third edition includes expanded materials on law and order within Indian country, the Indian Child Welfare Act, and recent Executive Branch actions that increase tribal authority.
Author: David Getches
Publisher: West Academic Publishing
Release Date: 2016-12-31
This federal Indian law casebook has an unprecedented focus on Native Nation-building, including cutting-edge materials on tribal economies and tribal justice systems unavailable elsewhere. The Seventh Edition retains classic material on the history of federal Indian law and policy, including the medieval origins of the "Doctrine of Discovery," and the shifting eras of Indian law leading to the current Nation-building era. The book covers the federal tribal relationship; tribal sovereignty and jurisdiction; Indian religion and culture; water rights; treaty rights; rights of Alaska natives and native Hawaiians; and international legal perspectives.
Author: Judith V. Royster
Release Date: 2017-04-26
Genre: Environmental law
This casebook explores issues relating to property rights, environmental protection, and natural resources in Indian country. The book explores tribal, cultural and religious relationships with the land, fundamental principles of federal Indian law, land ownership and property rights of tribes, land use and environmental protection, natural resources development, taxation of lands and resources, water rights, usufructuary (hunting, fishing, gathering) rights, and international approaches to indigenous rights in land and natural resources. It is designed to be used in a stand-alone course or as a supplemental reader for courses in environmental law, natural resources law, or Native American studies. The third edition updates the casebook to include recent Supreme Court cases as well as other judicial and legislative developments since 2008. The new edition also expands the materials on cultural and religious resources, the federal trust doctrine, the Cobell settlement, water rights settlements, natural resources damages, and international law.
Author: Kathryn R. L. Rand
Release Date: 2008
"With more than 400 tribal casinos in 30 states generating more than $23 billion in annual revenue, Indian gaming is a rapidly growing industry that is here to stay. Subject to a complex federal regulatory scheme and myriad state and tribal regulations, Indian gaming also is a growing area of legal practice. A course in Indian gaming law has legal and political currency and thus can easily “connect” with students. But more than simply learning about current events, students should come away from a course on Indian gaming law with a critical understanding of perhaps the most important legal and policy issue facing tribes today, and with a deeper sense of how tribes – the “third sovereign” – interact with state and federal governments in the American political system. Indian Gaming Law: Cases and Materials is a casebook that allows instructors and students to achieve these important pedagogical goals.Indian Gaming Law: Cases and Materials provides a clear, comprehensive, and accessible platform designed specifically for Indian gaming law and similar courses. Written by a law professor and a professor of political science and public administration who are the co-directors of the Institute for the Study of Tribal Gaming Law and Policy and leading scholars in the field of tribal gaming, this casebook uniquely is informed by the reality that Indian gaming law and policy has evolved through political compromise as much as through litigation and law reform. The casebook therefore includes materials relevant to the key legal contexts of tribal gaming as well as the type and relative influence of extralegal variables that shape Indian gaming law.In this casebook, the authors fuse the necessary background on federal Indian law and the status of American Indian tribes in the American political system with legal approaches to regulating gambling, and provide a useful overarching theoretical approach grounded in tribal sovereignty. The casebook covers necessary background on federal Indian law and the legal doctrine of tribal sovereignty, as well as on the roots of Indian gaming in traditional tribal practices and the imperatives of reservation economic development; provides overviews of pre-statutory law and the genesis of the federal statutory framework governing Indian gaming in light of key court decisions; discusses how the federal classification scheme for tribal gaming creates the parameters for tribal-state relations, including compacting for casino-style gaming; and highlights such topics as the authority of the federal agency responsible for regulating Indian gaming and the authority for gaming on newly acquired lands. Materials include excerpts from relevant case law, statutes, and regulations alongside excerpts from books, journal articles, and testimony by key authorities in the field. And because Indian gaming is far from uniform, with significant variation by state and tribe, throughout the book the editors provide specific examples of tribal and state experiences with tribal gaming. To assist students in working through such complex issues, each chapter includes teaching problems and notes.The authors also provide an accompanying Instructor's Manual that contains additional specific suggestions for discussion topics and questions, group and individual exercises, web links to capture dynamic developments in Indian gaming, and supplementary background resources for instructors. Ideal for both new and experienced teachers, Indian Gaming Law: Cases and Materials effectively can be paired with the authors' legal resource book Indian Gaming Law and Policy."
Author: William C. Canby
Publisher: West Academic
Release Date: 2004
Canby?s American Indian Law in a Nutshell, Fourth Edition is a succinct but comprehensive treatment of federal Indian law, with emphasis on jurisdictional problems and the policies underlying them. Topics include the history of American Indian law and policy, the federal-tribal trust relationship, Indian tribal sovereignty, treaty rights, criminal and civil jurisdiction in Indian country, Indian civil rights, tribal water rights and hunting and fishing rights. All text is supported by citation of cases and statutes.
Author: Stephen A. Saltzburg
Release Date: 2014-05-08
This title is a part of our CasebookPlus(tm) offering as ISBN 9781634595346. Learn more at CasebookPlus.com. This new edition of the classic casebook contains detailed and authoritative commentary, extensive discussion of practical problems, highlighted treatment of selected recent lower-court cases, full consideration of Supreme Court cases, and questions that challenge the conceptions and analytical powers of law students. New features include the addition of more headnotes; full case treatment of important new Supreme Court cases; and consideration of how Bill of Rights protections have been affected and limited in the aftermath of 9/11. The new edition also includes additional scholarly commentary on such topics as the exclusionary rule, Miranda, and jury nullification. The authors have made a concerted attempt to make the book as lean and as user-friendly as possible, without sacrificing content that will challenge both the student and the professor.
Author: Cynthia Lee
Release Date: 2014-05-09
This text, the only criminal law casebook authored by two progressive female law professors of color, provides the reader with both critical race and critical feminist theory perspectives on criminal law while following a traditional format. All of the usual subject areas are covered, but the book is unique in highlighting the cultural context of substantive criminal law. The book seamlessly integrates issues of race, gender, class, and sexual orientation so the teacher who wishes to address such issues does not have to assign supplemental reading assignments in order to do so. The book is also very student-friendly, providing a brief doctrinal overview of the subject matter at the beginning of each chapter. The book does away with the tradition of long lists of notes and questions following the cases, a trademark feature of many older casebooks, putting this material in the Teachers Manual for the teacher to use at his or her discretion. The forthcoming third edition is fresh and innovative, referencing several ripped from the headlines controversies, including the shooting of Trayvon Martin by George Zimmerman and Florida's stand your ground law, the arrest of African American Harvard professor Henry Louis Gates, Jr. for disorderly conduct, the shooting of Larry King, a gender nonconforming teenager, by classmate Brandon McInerney and the gay panic defense, and the repeal of North Carolina's Racial Justice Act.
Author: Matthew L.M. Fletcher
Publisher: Wolters Kluwer Law & Business
Release Date: 2014-11-12
American Indian Tribal Law is an engaging narrative text that examines the development of tribal justice systems from pre-contact, through colonization, and into our modern era of self-government. A unique offering in its field, American Indian Tribal Law describes modern tribal government activities and explores how disputes are resolved within American Indian nations. For courses or seminars on American Indian Law or Tribal Governments, this text features: a survey of over 300 tribal courts nationwide and over 565 Indian tribes , each following their own law incisive looks at flashpoints in tribal law, such as the Cherokee Freedmen citizenship disputes same sex marriage in Indian Country constitutional crises in tribal governments
Author: Lynn D. Wardle
Release Date: 2014-05-02
This concise casebook introduces students to basic family law doctrines in the context of the fundamental but often unarticulated moral and policy debates. The organization of the 26 chapters is simple and coherent. Chapter One introduces foundational principles; the remaining 25 chapters are divided into six sections that discuss family law regulation of the formation, continuation, and dissolution of horizontal (spousal) and vertical (parent-child) family relationships. Each subchapter includes cases, statutes, short notes (emphasizing the variations among state laws, historical context and conceptual grounding for the family law doctrines), problems, and a review of multiple perspectives that have influenced the development of the relevant family law doctrines, rules and policies.
Author: Juan F. Gonzalez-Bertomeu
Release Date: 2016-04-20
Traditionally relegated because of political pressure and public expectations, courts in Latin America are increasingly asserting a stronger role in public and political discussions. This casebook takes account of this phenomenon, by offering a rigorous and up-to-date discussion of constitutional adjudication in Latin America in recent decades. Bringing to the forefront the development of constitutional law by Latin American courts in various subject matters, the volume aims to highlight a host of creative arguments and solutions that judges in the region have offered. The authors review and discuss innovative case law in light of the countries’ social, political and legal context. Each chapter is devoted to a discussion of a particular area of judicial review, from freedom of expression to social and economic rights, from the internalization of human rights law to judicial checks on the economy, from gender and reproductive rights to transitional justice. The book thus provides a very useful tool to scholars, students and litigants alike.
Author: Sherri L. Burr
Publisher: West Academic
Release Date: 2011
Entertainment Law: Cases and Materials in Established and Emerging Media is an exciting new book that contains cases, interviews with celebrities and other materials that educates its readers about the complicated entertainment business. To capture first-hand knowledge of the entertainment business, Burr has interviewed widely throughout the United States, Australia, England, Germany, Spain, and Switzerland. The celebrities featured in this book include Academy Award and Grammy winners, as well as best-selling authors and TV stars. It opens with a chapter on the globalization of the entertainment industry and explains how mastering U.S. entertainment law helps qualify lawyers to work abroad.
Author: Thomas D. Morgan
Release Date: 2014-03-21
This text organizes cases over four periods: a 25-year period from 1890 to 1914, in which most of today's issues were foreshadowed; a 25-year period from 1915 to 1939, in which the 'rule of reason' forced courts to investigate the actual consequences of business practices; a 35-year period from 1940 to 1975, in which the per se rule and industry concentration provided the predominant models for analysis; and the modern period of now almost 40 years, which is a synthesis of the second and third periods. The new Fifth Edition retains enough of the first three periods to provide important intellectual and economic context, but it expands upon, even more fully, the recent developments of antitrust policy. All major Supreme Court authority is covered, including the 2013 Actavis 'reverse payments' and Phoebe Putney 'hospital regulation' cases, as well as the 2010 Merger Guidelines and developments in lower court treatment of tying, bundled pricing and mergers.
Author: Mark W. Janis
Publisher: West Academic
Release Date: 2011
Introduces the history and nature of international law, and examines the sources of international law-treaties, customary international law, general principles, jus cogens, and equity--and the different forums in which international law is interpreted and applied. Also covers important fields of international law: individual and human rights; recognition and self-determination; war and peace; the United Nations; Antarctica; outer space; the law of the sea; international environmental laws; international conflict of laws; foreign sovereign immunity; and act of state. All chapters have been thoroughly updated. This edition newly examines U.S. cases on the application of international law in the U.S. legal system, the legal regime governing climate change, the proliferation of international courts and tribunals, the responsibility of international organizations for the actions of their agents, and recent developments at the International Criminal Court.