Author | Title | Citation | Summary | Year |
Peter D. Lepsch |
Ecological Effects Know No Boundaries: Little Remedy for Native American Tribes Pursuing Transboundary Pollution under International Law |
11 Buffalo Environmental Law Journal 61 (Fall, 2003) |
L1-2Table of Contents I. INTRODUCTION. 62 II. CURRENT ENVIRONMENTAL DAMAGES CONFRONTING TRIBES AT BORDERS. 66 L1-2 A. Historic legal status of tribes in the United States, Canada, and Mexico 1. United States. 70 2. Canada. 72 3. Mexico. 73 III. OVERVIEW OF INTERNATIONAL ENVIRONMENT LAW. 75 IV. TRIBAL REMEDY FOR ENVIRONMENTAL IMPACTS ACROSS BORDERS.... |
2003 |
Marla Kerr |
Ecotourism: Alleviating the Negative Effects of Deforestation on Indigenous Peoples in Latin America |
14 Colorado Journal of International Environmental Law and Policy 335 (Spring 2003) |
Each month, eight tourists arrive at the village of Huaorani, an Amazon indigenous group, deep in the heart of Ecuador's rainforest. After settling in a palm-thatched roof cabin, the visitors meet the community representatives and learn about the social and environmental problems facing the Huaorani. Huaorani guides take their guests on hikes and... |
2003 |
William J. Eisenman |
Eliminating Discriminatory Traditions Against Dalits: the Local Need for International Capacity-building of the Indian Criminal Justice System |
17 Emory International Law Review 133 (Spring 2003) |
In Ramabai Ambedkar Negar (Ramabai)--an urban colony of Bombay, India-- there stands the statue of Dr. B. R. Ambedkar. The placement of the statue in this specific colony of Bombay is particularly significant, because most of the residents of Ramabai are Dalits. The Dalit people, commonly referred to as untouchables and labeled the most... |
2003 |
Dean B. Suagee |
Environmental Justice and Indian Country |
30-FALL Human Rights 16 (Fall, 2003) |
Several years ago, at an environmental justice conference sponsored by the University of Colorado, I put forth the proposition that the environmental justice movement needs Indians more than Indians need the movement. I still think this idea is true. I also said then, and believe now, that the same idea holds true for the mainstream environmental... |
2003 |
Richard G. McAllister , Richard K. Eichstaedt |
Federal Implementation of the Clean Air Act in Indian Country in the Northwest |
46-FEB Advocate 16 (February, 2003) |
Air knows no political boundaries, but the legal authorities associated with these boundaries affects how air quality is addressed. In March 2002, the US Environmental Protection Agency (EPA) published proposed rules creating Federal Implementation Plans (FIPs) that would regulate air pollution sources on Indian reservations in Idaho, Oregon, and... |
2003 |
Peter Jacques , Sharon Ridgeway , Richard Witmer |
Federal Indian Law and Environmental Policy: a Social Continuity of Violence |
18 Journal of Environmental Law & Litigation 223 (Fall 2003) |
Tribal environmental policy is generally dictated by the federal government as a matter of fiduciary responsibility. This relationship exists despite sacred treaties negotiated in reciprocal, government-to-government relationships that explicitly placed reserved tribal land bases exclusively in tribal control. Fiduciary responsibility or the trust... |
2003 |
Charles Wilkinson |
Filling in the Blank Spots on Powell's and Stegner's Maps: the Role of Modern Indian Tribes in Western Watersheds |
23 Journal of Land, Resources, and Environmental Law 41 (2003) |
This April is a busy time in Indian country, and future Aprils promise to be even busier. At Hopi, the kachinas are getting ready to come down from San Francisco Peaks, and tribal members are preparing to welcome them with dances, songs, and prayers for rain and a good growing season. Yet Black Mesa is getting drier and it is not due to lack of... |
2003 |
Charles Wilkinson |
FILLING IN THE BLANK SPOTS ON POWELL'S AND STEGNER'S MAPS: THE ROLE OF MODERN INDIAN TRIBES IN WESTERN WATERSHEDS |
23 Journal of Land, Resources, and Environmental Law 41 (2003) |
This April is a busy time in Indian country, and future Aprils promise to be even busier. At Hopi, the kachinas are getting ready to come down from San Francisco Peaks, and tribal members are preparing to welcome them with dances, songs, and prayers for rain and a good growing season. Yet Black Mesa is getting drier and it is not due to lack of... |
2003 |
Joe Leavengood |
Finding the Law on the Rez: an Overview of Researching Indian Law in Idaho and on the Internet |
46-MAR Advocate 28 (March, 2003) |
Each month in the Advocate the top law librarians of Idaho give you tips on finding things in the stacks and beyond. Since the Indian Law Section is sponsoring this month's edition, and since it has a member (me) who is working on a masters in library science, we thought we would give the pros the month off. I'm not a librarian, but I play one... |
2003 |
Aukjen T. Ingraham, JD, MA, Attorney, Portland, Oregon |
Fire, Native Peoples, and the Natural Landscape. Edited by Thomas Vale. Washington, Dc: Island Press, 2002. Pp. 315. $50.00 Cloth; $25.00 Paper. |
43 Natural Resources Journal 671 (Spring, 2003) |
In Fire, Native Peoples, and the Natural Landscape, noted geographer Thomas Vale presents a collection of work challenging the concept of humanized landscapes. A series of seven articles, written almost wholly by geographers, examines the physical and historical evidence of whether or not native peoples of the western United States changed the... |
2003 |
Gabriel S. Galanda |
Getting Commercial in Indian Country |
12-AUG Business Law Today 49 (July/August, 2003) |
Indian tribes are not merely casino entrepreneurs or cigarette wholesalers. In conjunction with America's largest corporations, Indians are now engaged in real estate development, banking and finance, telecommunications, wholesale and retail trade, and tourism. By 2003, U.S. tribes have become economic, legal and political forces to be reckoned... |
2003 |
Pollyanna E. Folkins |
Has the Lab Coat Become the Modern Day Eye Patch? Thwarting Biopiracy of Indigenous Resources by Modifying International Patenting Systems |
13 Transnational Law & Contemporary Problems 339 (Spring 2003) |
I. Introduction. 340 II. Defining the Problem. 342 III. Reasons Indigenous Peoples Are Vulnerable to Biopiracy. 346 A. Indigenous Resources Are Generally Not Patentable. 346 B. Capitalism vs. Traditionalism. 347 C. Governing Treaties and Programs Are Weak. 349 IV. Proposed Modifications to Existing Systems of Intellectual Property Protection. 353... |
2003 |
Robert Travis Willingham |
Holding States and Their Agencies Accountable under the Museum Provisions of the Native American Graves Protection and Repatriation Act |
71 UMKC Law Review 955 (Summer 2003) |
Many people can still recall the shock they felt when television affiliates around the country reported the gruesome discovery found at a crematorium in Walker County, Georgia, in February 2002. The crematorium operators allegedly stored and dumped bodies throughout their property, instead of cremating the remains, as they were obligated to do.... |
2003 |
J. Thomas Sullivan |
Imagining the Criminal Law: When Client and Lawyer Meet in the Movies |
25 University of Arkansas at Little Rock Law Review 665 (Spring 2003) |
BIEGLER: Thank you very much, Your Honor, we now have another rebuttal witness. The defense calls Mary Pilant to the stand. DANCER: Your Honor, we must protest this whole affair. The noble defense attorney rushes out to a secret conference and now the last minute witness is being brought dramatically down the aisle. The whole thing has obviously... |
2003 |
C. Timothy McKeown , Sherry Hutt |
In the Smaller Scope of Conscience: the Native American Graves Protection & Repatriation Act Twelve Years after |
21 UCLA Journal of Environmental Law & Policy 153 (2002-2003) |
Standing before the United States Senate on October 26, 1990, Senator John McCain asked the approval of his colleagues to consider H.R. 5237, the Native American Graves Protection and Repatriation Act (NAGPRA). The passage of legislation marks the end of a long process for many Indian tribes and museums. The subject of repatriation, stressed... |
2003 |
John B. Carter |
Indian Aboriginal and Reserved Water Rights, an Opportunity Lost |
64 Montana Law Review 377 (Summer 2003) |
Article IX, section 3 of Montana's 1972 Constitution significantly expanded upon the Montana's 1889 constitutional provision on water rights. The transcripts of the 1972 Montana Constitutional Convention debates evidence that extensive discussion and a small amount of paranoia went into this portion of the new constitution. The transcripts... |
2003 |
Prv Raghavan |
Indian Budget 2003-2004 |
14 Journal of International Taxation 38 (July, 2003) |
Among the corporate proposals, dividends would be tax free in shareholders' hands, thus again shifting tax liability back to the dividend-paying company. Union Finance Minister Jaswant Singh presented the Union Budget for 2003-2004, the sixth of the National Democratic Alliance (NDA) government, on February 28, 2003. As this issue was going to... |
2003 |
Blake A. Watson |
Indian Gambling in Ohio: What Are the Odds? |
32 Capital University Law Review 237 (Winter, 2003) |
In 1991, as an attorney in the Department of Justice, I helped write a brief urging the United States Supreme Court to decline to consider the State of Connecticut's legal arguments raised in opposition to the plans of the Mashantucket Pequot Tribe to construct and operate a casino. At that time, I had never heard of this tribe, and I would wager... |
2003 |
Gabriel S. Galanda |
Indian Law in Idaho-what You Should Know |
46-MAR Advocate 10 (March, 2003) |
Over the past decade, the 42 federally-recognized Indian tribes in Washington, Oregon and Idaho have become major players in the local, state and national economies. Northwest tribes are aggressively creating and operating new businesses in the areas of real estate development, banking and finance, media, telecommunications, wholesale and retail... |
2003 |
Clay R. Smith |
Indian Status: Let a Thousand Flowers Bloom |
46-MAR Advocate 18 (March, 2003) |
It would seem logical that Indian statusi.e., who constitutes an Indian for civil and criminal law purposesis an issue that Indian law would have resolved cleanly and conclusively long ago. Logic, however, fails in this instance. The issue remains unresolved and in many ways grows more complex as time passes. The increasing complexity... |
2003 |
Robert Laurence |
Indian-law Scholarship and Tribal Survival: a Short Essay, Prompted by a Long Footnote |
27 American Indian Law Review 503 (2002-2003) |
Volume 34 of the Arizona State Law Journal contains the latest piece of scholarship by Robert N. Clinton, who holds the Barry Goldwater Chair of American Institutions at Arizona State University. That article's thesis is set forth so plainly and unambiguously in its straightforward, uncolonated title - There Is No Federal Supremacy Clause for... |
2003 |
Gerald P. Neugebauer III |
Indigenous Peoples as Stakeholders: Influencing Resource-management Decisions Affecting Indigenous Community Interests in Latin America |
78 New York University Law Review 1227 (June, 2003) |
Multinational corporations and national governments who extract petroleum and other natural resources in Latin America often ignore the disastrous consequences resource development has on indigenous peoples, their habitats, and their traditional way of life. In order to reverse this trend, an indigenous peoples' rights movement has emerged... |
2003 |
Osvaldo Kreimer |
Indigenous Peoples' Rights to Land, Territories, and Natural Resources: a Technical Meeting of the Oas Working Group |
10-WTR Human Rights 13 (Winter, 2003) |
Territorial rights are a central claim for Indigenous Peoples around the world. Those rights are the physical substratum for their ability to survive as peoples, to reproduce their cultures, and to maintain and develop their productive systems. The Permanent Council Working Group (Working Group), in charge of the preparation of the American... |
2003 |
Keith Sealing |
Indigenous Peoples, Indigenous Farmers: Nafta's Threat to Mexican Teosinte Farmers and What Can Be Done about it |
18 American University International Law Review 1383 (2003) |
INTRODUCTION. 1383 I. A BRIEF HISTORY OF CORN. 1387 II. INDIGENOUS PEOPLES, LAND AND FARMING. 1389 III. NAFTA, FREE TRADE AND CORN. 1391 IV. CLASH OF CULTURES: NAFTA VERSUS INDIGENOUS PEOPLES. 1393 V. ARGUMENTS FOR PROTECTING INDGENOUS FARMERS: THE MORAL AND THE PRACTICAL. 1395 VI. INDIGENOUS SELF-HELP. 1397 CONCLUSION. 1398 |
2003 |
Rachael Grad |
Indigenous Rights and Intellectual Property Law: a Comparison of the United States and Australia |
13 Duke Journal of Comparative & International Law 203 (Winter 2003) |
Works of art are the property of mankind and ownership carries with it the obligation to preserve them. He who neglects this duty . . . will be punished with the contempt of all educated people, now and in future ages.-- Attributed to J.W. von Goethe Much of what they want to commercialize is sacred to us. We see intellectual property as part of... |
2003 |
Carole E. Goldberg |
INDIVIDUAL RIGHTS AND TRIBAL REVITALIZATION |
35 Arizona State Law Journal 889 (Fall, 2003) |
Most contemporary scholars concerned with what may be called tribal revitalization--the strengthening of political and cultural sovereignty for Native nations--treat individual rights as an impediment to achieving that objective, not a positive tool. For example, Professor Robert Porter has written that introduction of individual rights into tribal... |
2003 |
Alex Tallchief Skibine |
Integrating the Indian Trust Doctrine into the Constitution |
39 Tulsa Law Review 247 (Winter 2003) |
The Indian trust doctrine has had a long love-hate relationship with Indian tribes. On one hand, it has been used to sue the executive agencies of the federal government for breach of trust. On the other, it has been used to expand the plenary power of Congress over Indian affairs. While some scholars have argued that the trust doctrine should be... |
2003 |
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International Law as an Interpretive Force in Federal Indian Law |
116 Harvard Law Review 1751 (April, 2003) |
Although the political branches have recently adopted policies that favor Indian tribal self-determination, the judicial doctrines defining the extent of inherent tribal sovereignty and the federal government's power over tribes remain severe obstacles for tribes seeking to govern themselves and maintain their cultural integrity. These doctrines... |
2003 |
Frank Pommersheim |
Is There a (Little or Not So Little) Constitutional Crisis Developing in Indian Law?: a Brief Essay |
5 University of Pennsylvania Journal of Constitutional Law 271 (January, 2003) |
The constitutional status of Indian tribes within the framework of the American Republic has been elusive from the very beginning. This essential point was acknowledged by the Supreme Court itself in the early case of Cherokee Nation v. Georgia, where it noted that the relation of the Indians to the United States is marked by peculiar and cardinal... |
2003 |
David M. Blurton |
JOHN V. BAKER AND THE JURISDICTION OF TRIBAL SOVEREIGNS WITHOUT TERRITORIAL REACH |
20 Alaska Law Review 1 (June, 2003) |
This Article examines statutory and case law defining the jurisdictional reach of Alaska Native tribal organizations. The Author argues that the Alaska Supreme Court's decision in John v. Baker conflicts with U.S. Supreme Court precedent and is, therefore, erroneous. Acknowledging the policy arguments in favor of an expansive interpretation of... |
2003 |
David E. Wilkins |
Keynote Address: a Constitutional Confession: the Permanent If Malleable Status of Indigenous Nations |
37 New England Law Review 473 (Spring 2003) |
I appreciate the opportunity to address such an august group of students and faculty. When Amy invited me to join you, and she certainly is a very persuasive person, I debated long and hard on what kind of talk to give since I study politics comparatively. Although much of my work is infused with law and history, and a smidgen of culture,... |
2003 |
Justice Ronald Sackville |
Legal Protection of Indigenous Culture in Australia |
11 Cardozo Journal of International and Comparative Law 711 (Summer 2003) |
On February 14, 1966, Australia took one of many steps in a still incomplete journey towards severing the ties to its colonial past. On that date, Australia introduced decimal currency in place of the imperial system (pounds, shillings and pence) inherited from the United Kingdom. The brand new one dollar note, later to be a casualty of inflation,... |
2003 |
Jessica A. Shoemaker |
Like Snow in the Spring Time: Allotment, Fractionation, and the Indian Land Tenure Problem |
2003 Wisconsin Law Review 729 (2003) |
The reservation doesn't sing anymore but the songs still hang in the air. Someone once said that for every person attacking the roots of evil there will be at least a hundred who are only attacking its leaves. Fractionation describes the problem of multiple co-owners sharing many miniscule, undivided interests in a single tract of land. In... |
2003 |
Robert K. Paterson , Dennis S. Karjala |
Looking Beyond Intellectual Property in Resolving Protection of the Intangible Cultural Heritage of Indigenous Peoples |
11 Cardozo Journal of International and Comparative Law 633 (Summer 2003) |
1. Introduction. 634 2. Problems Resulting from the Failure to Protect Indigenous Cultural Heritage. 636 3. Indigenous Cultural Heritage and Intellectual Property Rights. 638 (a) Copyright. 638 (b) Moral Rights. 641 (c) Patent Law. 645 4. Are IPRs Appropriate for the Protection of Cultural Heritage?. 646 5. Non-IPR Approaches to Cultural... |
2003 |
Steve J. Coleman |
Lottery Logistics: the Potential Impact of a State Lottery on Indian Gaming in Oklahoma |
27 American Indian Law Review 515 (2002-2003) |
Brad Henry was sworn in as Oklahoma's twenty-sixth Governor on January 13, 2003. His journey to the State Capitol was an unlikely one. After securing the Democratic nomination with an upset victory in the primary, the Shawnee Senator utilized his plan for an education lottery to supplement his early momentum and overcome Republican candidate Steve... |
2003 |
Lauren E. Godshall |
Making Space for Indigenous Intellectual Property Rights under Current International Environmental Law |
15 Georgetown International Environmental Law Review 497 (2003) |
I. L2-3,T3Introduction 497. II. L2-3,T3The Fears of the U'wa 501. III. L2-3,T3The Legal Understanding and Definition of Indigenous Knowledge 504. IV. L2-3,T3Western Intellectual Property Law 510. V. L2-3,T3The Hierarchy of International Law and the Protection of Indigenous Knowledge 514. A. Treaties. 514 B. Custom. 520 C. General Principles of Law... |
2003 |
A. W. Harris |
Making the Case for Collective Rights: Indigenous Claims to Stocks of Marine Living Resources |
15 Georgetown International Environmental Law Review 379 (2003) |
I. L2-3,T3Introduction 379. II. L2-3,T3Indigenous Aspirations 384. A. Recognition of Indigenous Rights. 392 III. L2-3,T3The Inupiat 396. A. Negotiating Agreement. 400 B. Non-Aboriginal Subsistence Whaling. 402 IV. L2-3,T3The Makah 406. A. Authenticity of Need. 408 B. Preserving Culture Through Subsistence. 410 C. Petitioning. 413 V. L2-3,T3Advocacy... |
2003 |
Rob Roy Smith |
Message from the Indian Law Section Chair |
46-MAR Advocate (Idaho) 9 (March, 2003) |
During the past year, it has been my privilege to serve as the first chairman of the Indian Law Section. As the newest section of the Idaho State Bar, formed only last March, the Indian Law Section has quickly gone from a dream to become one of the more active sections of the Bar. Not only is the Indian Law Section committed to providing benefits... |
2003 |
Taiawagi Helton |
Nation Building in Indian Country: the Blackfoot Constitutional Review |
13-FALL Kansas Journal of Law & Public Policy Pol'y 1 (Fall, 2003) |
The Blackfoot People of the Blackfoot Nation, in order to secure our physical and cultural survival, in order to provide for our common defense and security, in order to provide for prosperity for all Blackfoot, in order to secure redress for past and present injustices done to Blackfoot People, in order to realize our internationally recognized... |
2003 |
Taiawagi Helton |
NATION BUILDING IN INDIAN COUNTRY: THE BLACKFOOT CONSTITUTIONAL REVIEW |
13-FALL Kansas Journal of Law & Public Policy 1 (Fall, 2003) |
The Blackfoot People of the Blackfoot Nation, in order to secure our physical and cultural survival, in order to provide for our common defense and security, in order to provide for prosperity for all Blackfoot, in order to secure redress for past and present injustices done to Blackfoot People, in order to realize our internationally recognized... |
2003 |
Courtney A. Stouff |
Native Americans and Homeland Security: Failure of the Homeland Security Act to Recognize Tribal Sovereignty |
108 Penn State Law Review 375 (Summer, 2003) |
The United States of America was forever changed on September 11, 2001 when terrorists from the al Qaeda network hijacked two commercial airliners and flew them into the twin towers of the World Trade Center in New York City. A third hijacked airliner flew into the Pentagon in Washington, D.C., while a fourth hijacked airliner crashed in a deserted... |
2003 |
Allan Kanner, Ryan Casey, Barrett Ristroph |
New Opportunities for Native American Tribes to Pursue Environmental and Natural Resource Claims |
14 Duke Environmental Law and Policy Forum 155 (Fall 2003) |
Native American tribes should take advantage of recent trends in environmental law to pursue claims for damages to their natural resources and their well-being. This article considers civil actions in tribal courts, citizen suits, toxic torts, and claims under parens patriae. While tribal regulatory jurisdiction in the environmental arena has... |
2003 |
Allan Kanner, Ryan Casey, Barrett Ristroph |
NEW OPPORTUNITIES FOR NATIVE AMERICAN TRIBES TO PURSUE ENVIRONMENTAL AND NATURAL RESOURCE CLAIMS |
14 Duke Environmental Law and Policy Forum 155 (Fall 2003) |
Native American tribes should take advantage of recent trends in environmental law to pursue claims for damages to their natural resources and their well-being. This article considers civil actions in tribal courts, citizen suits, toxic torts, and claims under parens patriae. While tribal regulatory jurisdiction in the environmental arena has... |
2003 |
Alva C. Mather |
Old Promises: the Judiciary and the Future of Native American Federal Acknowledgment Litigation |
151 University of Pennsylvania Law Review 1827 (May, 2003) |
The United States government has moral obligations of the highest responsibility to the four million American Indians and Alaska Natives residing in the United States. The federal government, however, presently only honors its fiduciary duty to a portion of the current Indian population. Today, Native American tribes are divided into two... |
2003 |
Judith V. Royster |
Oliphant and its Discontents: an Essay Introducing the Case for Reargument Before the American Indian Nations Supreme Court |
13-FALL Kansas Journal of Law & Public Policy 59 (Fall, 2003) |
If anything ever proved the old adage that people fear that which they do not understand, it is the Supreme Court's approach to tribal authority over non-Indians. And if any decision illustrates that approach, it is the case reargued to the American Indian Nations Supreme Court at the University of Kansas Tribal Law and Governance Conference, the... |
2003 |
Russel Lawrence Barsh |
Pharmacogenomics and Indigenous Peoples: Real Issues and Actors |
11 Cardozo Journal of International and Comparative Law 365 (Summer 2003) |
In the early 1990s, human rights activists drew international public attention to the Human Genome Diversity Project (HGDP), which they dubbed the vampire project and condemned as a threat to the world's indigenous and tribal peoples. That was before the sequencing of the human genome and its revolutionary impact on drug discovery. As Big Pharma... |
2003 |
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Privatization of Federal Indian Schools: a Legal Uncertainty |
116 Harvard Law Review 1455 (March, 2003) |
Throughout the world of education, a debate has raged over the desirability of private school management corporations (PMCs) operating the public education system. Private corporations are greatly attracted to managing public schools. Education, in theory, is a lucrative business. Primary and secondary education, the largest segment of the... |
2003 |
Juan Andrés Fuentes |
Protecting the Rights of Indigenous Cultures under the Current Intellectual Property System: Is it a Good Idea? |
3 John Marshall Review of Intellectual Property Law 88 (Fall, 2003) |
Culture has no borders. It belongs to no certain nation. However, cultural rights must be respected. Culture is not merely a manufactured product. It is the expression of what constitutes the identity of a nation: its history and traditions. Every country, while being open to the cultures of others has a right, even a duty to protect and develop... |
2003 |
Gavin Clarkson |
Racial Imagery and Native Americans: a First Look at the Empirical Evidence Behind the Indian Mascot Controversy |
11 Cardozo Journal of International and Comparative Law 393 (Summer 2003) |
Remarks presented at the February 2002 Symposium on Traditional Knowledge, Intellectual Property, and Indigenous Culture I. Introduction. 393 II. A Taxonomy of Indian Mascots. 395 A. Mascot Data Collection Methodology. 395 B. The Resulting Taxonomy. 396 III. A Proposed Alternative to the USCCR. 397 A. The USCCR Proposal. 398 B. My Alternative... |
2003 |
Katosha Belvin Nakai |
Red Rover, Red Rover: a Call for Comity in Linking Tribal and State Long-arm Provisions for Service of Process in Indian Country |
35 Arizona State Law Journal 633 (Summer, 2003) |
Comitymutual interest and convenience, from a sense of the inconvenience which would otherwise result, and from moral necessity to do justice in order that justice may be done in return. First year civil procedure courses and bar exam preparatory courses spend inordinate amounts of time teaching the critical elements of personal jurisdiction and... |
2003 |