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University of Wisconsin Law School Legal Studies Research Paper Series

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Viewing: 1 - 50 of 647 papers

1.

The Crypto Quandary: Is Bankruptcy Ready?

Northwestern University Law Review Online (2020 Forthcoming), Univ. of Wisconsin Legal Studies Research Paper 1582
Number of pages: 22 Posted: 18 Feb 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 4
2.

McCulloch v. Maryland and the Incoherence of Enumerationism

19 Georgetown Journal of Law & Public Policy (Fall 2020, Forthcoming), Univ. of Wisconsin Legal Studies Research Paper No. 1581
Number of pages: 50 Posted: 12 Feb 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 32
3.

E Pluribus Unum: Diverse Ideas from a Native American Perspective

19 Update on L. Related Educ. 7 (1995), Univ. of Wisconsin Legal Studies Research Paper No. 1568
Number of pages: 3 Posted: 07 Feb 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 3
4.

South African Constitutional History

Constitutional Law of South Africa (ed. Chaskalson et. al.,1996) Juta, Kenwyn, Cape Town, Univ. of Wisconsin Legal Studies Research Paper No. 1580
Number of pages: 33 Posted: 06 Feb 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 2
5.

Campaigning for Life: Building a New Transnational Solidarity in the Face of HIV/AIDS and TRIPS

Law and Counter-Hegemonic Globalization: Toward a Subaltern Cosmopolitan Legality (Santos & Rodriguez, eds.), Cambridge University Press, 2000., Univ. of Wisconsin Legal Studies Research Paper No. 1579
Number of pages: 23 Posted: 06 Feb 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 1
6.

How the Centre Holds: Managing Claims for Regional and Ethnic Autonomy in a Democratic South Africa

Autonomy and Ethnicity (ed. Yash Ghai), Cambridge University Press, 2000, Univ. of Wisconsin Legal Studies Research Paper No. 1578
Number of pages: 40 Posted: 06 Feb 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 1
7.

Human Rights

in The Handbook of Law and Society, UK: Wiley Blackwell (2015), pp. 291-306, Univ. of Wisconsin Legal Studies Research Paper No. 1577
Number of pages: 17 Posted: 06 Feb 2020
Working Paper Series
University of Wisconsin Law School
Downloads 1
8.

State Capture or Institutional Resilience: Is There a Crisis of Constitutional Democracy in South Africa?

in Constitutional Democracy in Crisis?, Oxford, Oxford University Press (2018), pp. 295-311, Univ. of Wisconsin Legal Studies Research Paper No. 1576
Number of pages: 16 Posted: 06 Feb 2020
Working Paper Series
University of Wisconsin Law School
Downloads 2
9.

Sovereignty and Survival

86 Am. Bar. Assoc. J. 64 (2000), Univ. of Wisconsin Legal Studies Research Paper No. 1573
Posted: 05 Feb 2020
Working Paper Series
University of Wisconsin Law School
10.

U.S. Law and Native American Rights in Action - A Law Professor and Activist's View

32 Political and Legal Anthropology Review 312 (2009), Univ. of Wisconsin Legal Studies Research Paper No. 1575
Posted: 05 Feb 2020
Working Paper Series
University of Wisconsin Law School
11.

A New Federalism for Indian Tribes: The Relationship Between the United States and Tribes in Light of our Federalism and Republican Democracy

25 U. Tol. L. Rev. 617 (1994), Univ. of Wisconsin Legal Studies Research Paper No. 1565
Number of pages: 57 Posted: 04 Feb 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 6
12.

When Tribes Sue States: How 'Federal Indian Law' Offers an Opportunity to Clarify Sovereign Immunity Jurisprudence

14 QLR 401 (1994), Univ. of Wisconsin Legal Studies Research Paper No. 1566
Number of pages: 37 Posted: 04 Feb 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 9
13.

Imposing Communism

12 Lewis & Clark L. Rev. 991 (2008), Univ. of Wisconsin Legal Studies Research Paper No. 1574
Number of pages: 13 Posted: 01 Feb 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 3
14.

Environmental Justice and Indian Tribes: The Double-Edged Tomahawk of Applying Civil Rights Laws in Indian Country

76 U. Det. Mercy L. Rev. 721 (1999), Univ. of Wisconsin Legal Studies Research Paper No. 1572
Number of pages: 25 Posted: 01 Feb 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 1
15.

Treating Tribes as States Under Federal Statutes in the Environmental Arena: Where Laws of Nature and Natural Law Collide

21 Vt. L. Rev. 111 (1997), Univ. of Wisconsin Legal Studies Research Paper No. 1571
Number of pages: 35 Posted: 01 Feb 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 2
16.

Book Review- Braid of Feathers: American Indian Law and Contemporary Tribal Life by Frank Pommersheim

42 S. Dakota L. Rev. 579 (1997), Univ. of Wisconsin Legal Studies Research Paper No. 1570
Number of pages: 16 Posted: 01 Feb 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 1
17.

Governing Private Property in Indian Country: The Double-Edged Sword of the Trust Relationship and Trust Responsibility Arising Out of Early Supreme Court Opinions and the General Allotment Act

25 N.M. L. Rev. 35 (1995), Univ. of Wisconsin Legal Studies Research Paper No. 1569
Number of pages: 31 Posted: 01 Feb 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 1
18.

Indian Country Jurisdiction and the Assimilative Crimes Act

69 Or. L. Rev. 269 (1990), Univ. of Wisconsin Legal Studies Research Paper No. 1567
Number of pages: 27 Posted: 31 Jan 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 1
19.

Participating in the Design: Constitution-Making in South Africa

Univ. of Wisconsin Legal Studies Research Paper No. 1549, 3 Rev. Const. Studies 18 (1996)
Number of pages: 44 Posted: 29 Jan 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 3
20.

Book Review- The Right to Property in Commonwealth Constitutions

Wisconsin International Law Journal, Vol. 19, 2001, Univ. of Wisconsin Legal Studies Research Paper No. 1564
Number of pages: 7 Posted: 29 Jan 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 2
21.

Book Note- International Law and Its Sources: Liber Americorum Maarten Bos

Hastings International and Comparative Law Review, Vol. 12, 1989, Univ. of Wisconsin Legal Studies Research Paper No. 1563
Number of pages: 3 Posted: 29 Jan 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 3
22.

The South African Judicial Order and the Future: A Comparative Analysis of the South African Judicial System and Judicial Traditions in Zimbabwe, Mozambique, and Nicaragua

Hastings International and Comparative Law Review, Vol. 12, 1989, Univ. of Wisconsin Legal Studies Research Paper No. 1562
Number of pages: 63 Posted: 29 Jan 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 2
23.

Self-Determination and the Struggle Against Apartheid

Wisconsin International Law Journal, Vol. 8, 1990, Univ. of Wisconsin Legal Studies Research Paper No. 1561
Number of pages: 51 Posted: 29 Jan 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 3
24.

Rethinking Affirmative Action in a Non-Racial Democracy

Univ. of Wisconsin Legal Studies Research Paper No. 1560, 7 S. Afr. J. on Hum. Rts. 317 (1991)
Number of pages: 18 Posted: 29 Jan 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 2
25.

Book Review-Land Reform and the Future of Land Ownership in South Africa

Univ. of Wisconsin Legal Studies Research Paper No. 1559, 109 S. African L.J. 373 (1992)
Number of pages: 7 Posted: 29 Jan 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 1
26.

Guaranteeing Free and Fair Elections

8 S. Afr. J. on Hum. Rts. 263 (1992), Univ. of Wisconsin Legal Studies Research Paper No. 1557
Number of pages: 8 Posted: 27 Jan 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 1
27.

Book Review: In a Time of Trouble: Law and Liberty in South Africa's State of Emergency

22 Contemporary Sociology 715 (Sep. 1993), Univ. of Wisconsin Legal Studies Research Paper No. 1556
Number of pages: 3 Posted: 27 Jan 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 2
28.

Constitutional Law - Towards a New Constitutional Order

1993 Ann. Surv. S. African L. 1 (1993), Univ. of Wisconsin Legal Studies Research Paper No. 1555
Number of pages: 42 Posted: 27 Jan 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 1
29.

Constitutional Law - Implementing the Interim Constitution

1994 Ann. Surv. S. African L. 1 (1994), Univ. of Wisconsin Legal Studies Research Paper No. 1554
Number of pages: 24 Posted: 27 Jan 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 1
30.

Constitutional Law

1995 Ann. Surv. S. African L. 1 (1995), Univ. of Wisconsin Legal Studies Research Paper No. 1553
Number of pages: 25 Posted: 27 Jan 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 2
31.

Defining the Property Rights of Others: Political Power, Indigenous Tenure, and the Construction of Customary Land Law

Univ. of Wisconsin Legal Studies Research Paper No. 1551, 35 Journal of Legal Pluralism 119 (1995)
Number of pages: 32 Posted: 24 Jan 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 5
32.

South Africa's New Constitution: The Challenges of Diversity and Identity

Univ. of Wisconsin Legal Studies Research Paper No. 1550, 28 Verfassung und Recht in Ubersee 421 (1995)
Number of pages: 31 Posted: 24 Jan 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 1
33.

Book Review- Dyzenhaus Truth, Reconciliation, and the Apartheid Legal Order

Univ. of Wisconsin Legal Studies Research Paper No. 1541, 117 S. African L. J. 133 (2000)
Number of pages: 2 Posted: 23 Jan 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 2
34.

Model and Anti-Model: The United States Constitution and the Rise of World Constitutionalism

Univ. of Wisconsin Legal Studies Research Paper No. 1542, Wisconsin Law Review, Vol. 2000, 2000
Number of pages: 21 Posted: 23 Jan 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 1
35.

Book Review- The Scarcity of Water: Emerging Legal and Policy Responses

Univ. of Wisconsin Legal Studies Research Paper No. 1544, 92 Am. J. Int'l. L. 806 (1998)
Number of pages: 4 Posted: 23 Jan 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 6
36.

Water Law Reform Under the New Constitution

Univ. of Wisconsin Legal Studies Research Paper No. 1546, 1 Human Rights & Constitutional Law Journal of South Africa 5 (1997)
Number of pages: 8 Posted: 23 Jan 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 4
37.

Introducing the Devil: An Institutional Analysis of the Power of Constitutional Review

Univ. of Wisconsin Legal Studies Research Paper No. 1547, 13 South African Journal on Human Rights 185 (1997)
Number of pages: 26 Posted: 23 Jan 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 2
38.

Book Review - The Soul of a Nation: Constitution - Making in South Africa

16 S. Afr. J. on Hum. Rts. 145 (2000), Univ. of Wisconsin Legal Studies Research Paper No. 1539
Number of pages: 6 Posted: 23 Jan 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 3
39.

Co-operative Government in South Africa's Post-Apartheid Constitutions: Embracing the German Model?

33 Verfassung und Recht in Ubersee 432 (2000), Univ. of Wisconsin Legal Studies Research Paper No. 1538
Number of pages: 26 Posted: 23 Jan 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 1
40.

Contextual Citizenship

Indiana Journal of Global Legal Studies, Vol. 7, 2000, Univ. of Wisconsin Legal Studies Research Paper No. 1537
Number of pages: 9 Posted: 23 Jan 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 2
41.

Access to Health Care: Judging Implementation in the Context of AIDS: Treatment Action Campaign v. Minister of Health TPD 21182/2001 (Unreported)

Univ. of Wisconsin Legal Studies Research Paper No. 1536, 18 S. Afr. J. on Hum. Rts. 114 (2002)
Number of pages: 12 Posted: 21 Jan 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 2
42.

Five Years On: How Relevant is the Constitution to the New South Africa?

Univ. of Wisconsin Legal Studies Research Paper No. 1535, 26 Vt. L. Rev. 803 (2002)
Number of pages: 19 Posted: 21 Jan 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 1
43.

The Rule of Law, War, or Terror

Univ. of Wisconsin Legal Studies Research Paper No. 1533, Wisconsin Law Review, Vol. 2003, 2003
Number of pages: 21 Posted: 21 Jan 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 3
44.

Postcolonial Collages: Distributions of Power and Constitutional Models

18 International Sociology 114 (2003), Univ. of Wisconsin Legal Studies Research Paper No. 1532
Number of pages: 19 Posted: 21 Jan 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 2
45.

The Dignity Clause of the Montana Constitution: May Foreign Jurisprudence Lead the Way to an Expanded Interpretation?

Univ. of Wisconsin Legal Studies Research Paper No. 1531, 64 Montana L. Rev. 133 (2003)
Number of pages: 25 Posted: 21 Jan 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 2
46.

South Africa's Constitutional Court: Enabling Democracy and Promoting Law in the Transition from Apartheid

Univ. of Wisconsin Legal Studies Research Paper No. 1530, 3 J. Comp. L. 174 (2008)
Number of pages: 21 Posted: 21 Jan 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 1
47.

Finding the Constitutional Court's Place in South Africa's Democracy: The Interaction of Principle and Institutional Pragmatism in the Court's Decision Making

3 Const. Ct. Rev. 1 (2010), Univ. of Wisconsin Legal Studies Research Paper No. 1527
Number of pages: 33 Posted: 17 Jan 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 2
48.

Book Review: Constitutional Identity and Change

Tulsa Law Review, Vol. 47, 2012, Univ. of Wisconsin Legal Studies Research Paper No. 1526
Number of pages: 11 Posted: 17 Jan 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 5
49.

Transformative Constitutions and the Role of Integrity Institutions in Tempering Power: The Case of Resistance to State Capture in Post-Apartheid South Africa

Buffalo Law Review Vol. 67, 2019, Univ. of Wisconsin Legal Studies Research Paper No. 1524
Number of pages: 43 Posted: 17 Jan 2020
Accepted Paper Series
University of Wisconsin Law School
Downloads 7
50.

The Giant Shadow of Corporate Gadflies

Univ. of Wisconsin Legal Studies Research Paper No. 1523
Number of pages: 63 Posted: 17 Jan 2020 Last Revised: 04 Feb 2020
Working Paper Series
University of Wisconsin Law School and Tel Aviv University - Buchmann Faculty of Law
Downloads 144