Washington Law Review

Articles from Vol. 84, No. 4, November

American Federalism: Punching Holes in the Myth
AMERICAN FEDERALISM: PUNCHING HOLES IN THE MYTH Book Review ofSAFEGUARDING FEDERALISM: HOW STATES PROTECT THEIR INTERESTS IN NATIONAL POLICYMAKING By John D. Nugent. Norman, Oklahoma: University of Oklahoma Press, 2009. Pp. 344. $45.00.Political myths...
Muscular Procedure: Conditional Deference in the Executive Detention Cases
Abstract: The executive detention cases of the past several years demonstrate a rare but critical assertion of procedural law where the political branches fail to legislate or to properly implement substantive law. This is "muscular procedure" - the...
Rape, Feminism, and the War on Crime
Abstract: Over the past several years, feminism has been increasingly associated with crime control and the incarceration of men. In apparent lock step with the movement of the American penal system, feminists have advocated a host of reforms to strengthen...
THE LEGACY OF SOLEM V. BARTLETT: HOW COURTS HAVE USED DEMOGRAPHICS TO BYPASS CONGRESS AND ERODE THE BASIC PRINCIPLES OF INDIAN LAW
Abstract: Only Congress has authority to change a reservation's boundaries, so when disputes arise over whether land is part of a reservation, courts turn to congressional intent. The challenge is that in many cases, Congress expressed its intent to...
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