Download or read book Socio legal Impact of the Indian Civil Rights Act written by Harry Edward Mika and published by . This book was released on 1981 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Indian Civil Rights Act at Forty written by Kristen A. Carpenter and published by UCLA Am Indian Studies Center. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Literary Nonfiction. Native American Studies. Edited by Kristen A. Carpenter, Matthew L.M. Fletcher, and Angela R. Riley. Congress passed the Indian Civil Rights Act of 1968 (ICRA) to address civil rights in Indian country. ICRA extended select, tailored provisions of the Bill of Rights--including equal protection, due process, free speech and religious exercise, criminal procedure, and property rights--to tribal governments. But, with the exception of the writ of habeas corpus, Congress did not establish a federal enforcement mechanism for violations of the Act, nor did it abrogate tribal sovereign immunity. Thus, ICRA has been interpreted and enforced almost exclusively by Indian tribes and their courts. This collection of essays, gathered on the fortieth anniversary of ICRA, provides for the first time a summary and critical analysis of how Indian tribes interpret and apply these important civil rights provisions in our contemporary world. The authors have found that, while informed by ICRA and the dominant society's conception of individual rights, Indian nations are ultimately adapting and interpreting ICRA in ways consistent with their own tribal traditions and beliefs. In some respects, ICRA parallels the broader experiences of tribes over the past forty years--a period of growth, revitalization, and self-determination for many Indian nations.
Download or read book Weak Courts Strong Rights written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-07-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.
Download or read book Judicial Review Socio Economic Rights and the Human Rights Act written by Ellie Palmer and published by Bloomsbury Publishing. This book was released on 2007-08-31 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United Kingdom during the past decade, individuals and groups have increasingly tested the extent to which principles of English administrative law can be used to gain entitlements to health and welfare services and priority for the needs of vulnerable and disadvantaged groups. One of the primary purposes of this book is to demonstrate the extent to which established boundaries of judicial intervention in socio-economic disputes have been altered by the extension of judicial powers in sections 3 and 6 of the Human Rights Act 1998, and through the development of a jurisprudence of positive obligations in the European Convention on Human Rights 1950. Thus, the substantive focus of the book is on developments in the constitutional law of the United Kingdom. However, the book also addresses key issues of theoretical human rights, international and comparative constitutional law. Issues of justiciability in English administrative law have therefore been explored against a background of two factors: a growing acceptance of the need for balance in the protection in modern constitutional arrangements afforded to civil and political rights on the one hand and socio-economic rights on the other hand; and controversy as to whether courts could make a more effective contribution to the protection of socio-economic rights with the assistance of appropriately tailored constitutional provisions.
Download or read book Handbook of Federal Indian Law written by Felix S. Cohen and published by . This book was released on 1942 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Indian Civil Rights Act written by United States Commission on Civil Rights and published by . This book was released on 1991 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Communities in Action written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2017-04-27 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United States, some populations suffer from far greater disparities in health than others. Those disparities are caused not only by fundamental differences in health status across segments of the population, but also because of inequities in factors that impact health status, so-called determinants of health. Only part of an individual's health status depends on his or her behavior and choice; community-wide problems like poverty, unemployment, poor education, inadequate housing, poor public transportation, interpersonal violence, and decaying neighborhoods also contribute to health inequities, as well as the historic and ongoing interplay of structures, policies, and norms that shape lives. When these factors are not optimal in a community, it does not mean they are intractable: such inequities can be mitigated by social policies that can shape health in powerful ways. Communities in Action: Pathways to Health Equity seeks to delineate the causes of and the solutions to health inequities in the United States. This report focuses on what communities can do to promote health equity, what actions are needed by the many and varied stakeholders that are part of communities or support them, as well as the root causes and structural barriers that need to be overcome.
Download or read book Civil Rights in America written by and published by . This book was released on 2002 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Annual Indian Law Conference written by and published by . This book was released on 1996 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Indian Legal Profession in the Age of Globalization written by David B. Wilkins and published by Cambridge University Press. This book was released on 2017-05-23 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first comprehensive analysis of the impact of globalization on the Indian legal profession. Employing a range of original data from twenty empirical studies, the book details the emergence of a new corporate legal sector in India including large and sophisticated law firms and in-house legal departments, as well as legal process outsourcing companies. As the book's authors document, this new corporate legal sector is reshaping other parts of the Indian legal profession, including legal education, the development of pro bono and corporate social responsibility, the regulation of legal services, and gender, communal, and professional hierarchies with the bar. Taken as a whole, the book will be of interest to academics, lawyers, and policymakers interested in the critical role that a rapidly globalizing legal profession is playing in the legal, political, and economic development of important emerging economies like India, and how these countries are integrating into the institutions of global governance and the overall global market for legal services.
Download or read book U S History written by P. Scott Corbett and published by . This book was released on 2024-09-10 with total page 1886 pages. Available in PDF, EPUB and Kindle. Book excerpt: U.S. History is designed to meet the scope and sequence requirements of most introductory courses. The text provides a balanced approach to U.S. history, considering the people, events, and ideas that have shaped the United States from both the top down (politics, economics, diplomacy) and bottom up (eyewitness accounts, lived experience). U.S. History covers key forces that form the American experience, with particular attention to issues of race, class, and gender.
Download or read book Tribal Criminal Law and Procedure written by Carrie E. Garrow and published by Rowman & Littlefield. This book was released on 2015-05-06 with total page 651 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tribal Criminal Law and Procedure examines complex Indian nations’ tribal justice systems, analyzing tribal statutory law, tribal case law, and the cultural values of Native peoples. Using tribal court opinions and tribal codes, it reveals how tribal governments use a combination of oral and written law to dispense justice and strengthen their nations and people. Carrie E. Garrow and Sarah Deer discuss the histories, structures, and practices of tribal justice systems, comparisons of traditional tribal justice with American law and jurisdictions, elements of criminal law and procedure, and alternative sentencing and traditional sanctions. New features of the second edition include new chapters on: · The Tribal Law and Order Act's Enhanced Sentencing Provisions · The Violence Against Women Act's Special Domestic Violence Criminal Jurisdiction · Tribal-State Collaboration Tribal Criminal Law and Procedure is an invaluable resource for legal scholars and students. The book is published in cooperation with the Tribal Law and Policy Institute (visit them at www.tlpi.org).
Download or read book Law and the Economy in Colonial India written by Tirthankar Roy and published by University of Chicago Press. This book was released on 2016-09-20 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: By accessibly recounting and analyzing the unique experience of institutions in colonial Indiawhich were influenced heavily by both British Common Law and indigenous Indian practices and traditionsLaw and the Economy in Colonial India sheds new light on what exactly fosters the types of institutions that have been key to economic development throughout world history more generally. The culmination and years of research, the book goes through a range of examples, including textiles, opium, tea, indigo, tenancy, credit, and land mortgage, to show how economic laws in colonial India were shaped neither by imported European ideas about how colonies should be ruled nor indigenous institutions, but by the practice of producing and trading. The book is an essential addition to Indian history and to some of the most fundamental questions in economic history."
Download or read book American Indian Law written by Robert N. Clinton and published by . This book was released on 1991 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Discrimination and Prejudice written by Halford H. Fairchild and published by . This book was released on 1992 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Constitution of India written by Arun K Thiruvengadam and published by Bloomsbury Publishing. This book was released on 2017-12-28 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an overview of the content and functioning of the Indian Constitution, with an emphasis on the broader socio-political context. It focuses on the overarching principles and the main institutions of constitutional governance that the world's longest written constitution inaugurated in 1950. The nine chapters of the book deal with specific aspects of the Indian constitutional tradition as it has evolved across seven decades of India's existence as an independent nation. Beginning with the pre-history of the Constitution and its making, the book moves onto an examination of the structural features and actual operation of the Constitution's principal governance institutions. These include the executive and the parliament, the institutions of federalism and local government, and the judiciary. An unusual feature of Indian constitutionalism that is highlighted here is the role played by technocratic institutions such as the Election Commission, the Comptroller and Auditor General, and a set of new regulatory institutions, most of which were created during the 1990s. A considerable portion of the book evaluates issues relating to constitutional rights, directive principles and the constitutional regulation of multiple forms of identity in India. The important issue of constitutional change in India is approached from an atypical perspective. The book employs a narrative form to describe the twists, turns and challenges confronted across nearly seven decades of the working of the constitutional order. It departs from conventional Indian constitutional scholarship in placing less emphasis on constitutional doctrine (as evolved in judicial decisions delivered by the High Courts and the Supreme Court). Instead, the book turns the spotlight on the political bargains and extra-legal developments that have influenced constitutional evolution. Written in accessible prose that avoids undue legal jargon, the book aims at a general audience that is interested in understanding the complex yet fascinating challenges posed by constitutionalism in India. Its unconventional approach to some classic issues will stimulate the more seasoned student of constitutional law and politics.
Download or read book American Indian Law written by Robert T. Anderson and published by West Academic Publishing. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook provides an introduction to the legal relationships between American Indian tribes, the federal government and the individual states. The foundational cases are incorporated with statutory text, background material, hypothetical questions, and discussion problems to enliven the classroom experience and enhance student engagement. The second edition includes expanded materials on gaming, international and comparative law, and more photographs, images, and suggestions for links to external sources.
