Gail L. Heriot

University of San Diego School of Law

5998 Alcala Park

San Diego, CA 92110-2492

United States

SCHOLARLY PAPERS

50

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1

Scholarly Papers (50)

1.

The Department of Education's Obama-Era Initiative on Racial Disparities in School Discipline: Wrong For Students and Teachers, Wrong on the Law

Texas Review of Law & Politics, Forthcoming, San Diego Legal Studies Paper No. 18-321
Number of pages: 97 Posted: 19 Jan 2018 Last Revised: 26 Jun 2018
Gail L. Heriot and Alison Somin
University of San Diego School of Law and Independent
Downloads 2,044 (6,294)

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School discipline, suspension, disparate impact, Title VI, Department of Education, guidance, Dear Colleague Letter

2.

Want to Be a Doctor? A Scientist? An Engineer? An Affirmative Action Leg Up May Hurt Your Chances

Engage, 2010, San Diego Legal Studies Paper
Number of pages: 8 Posted: 30 Jan 2018
Gail L. Heriot
University of San Diego School of Law
Downloads 1,257 (13,988)

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affirmative action, race, STEM, higher education, race-preferential admissions, race discrimination, science, engineering, medical school, mismatch, college major choice, diversity

3.

A 'Dubious Expediency': How Race-Preferential Admissions Policies on Campus Hurt Minority Students

The Heritage Foundation, Special Report No. 167 (2015), San Diego Legal Studies Paper No. 17-242
Number of pages: 40 Posted: 27 Dec 2016 Last Revised: 05 Jan 2017
Gail L. Heriot
University of San Diego School of Law
Downloads 893 (23,425)

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affirmative action, mismatch

4.

Brief of Gail Heriot and Peter N. Kirsanow, Members of the U.S. Commission on Civil Rights in Their Capacities as Private Citizens as Amici Curiae in Support of Petitioner in Gloucester County School Bd. v. G.G. (Merits Stage)

San Diego Legal Studies Paper No. 17-253
Number of pages: 40 Posted: 01 Feb 2017 Last Revised: 02 Feb 2017
Gail L. Heriot and Peter Kirsanow
University of San Diego School of Law and Independent
Downloads 475 (54,596)

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Title IX, Transgender, Department of Education, Supreme Court, Gloucester County School Board v. G.G., Toilets, Locker Rooms, Showers, Sex Discrimination, Auer v. Robbins

5.

Perceptions of Newsworthiness are Contaminated by a Political Usefulness Bias

Royal Society Open Science, 2018, San Diego Legal Studies Paper No. 18-355
Number of pages: 12 Posted: 03 Aug 2018
Hal Pashler and Gail L. Heriot
University of California, San Diego (UCSD) - Department of Psychology and University of San Diego School of Law
Downloads 444 (59,321)

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judgement, motivated reasoning, political psychology

6.

Misdiagnosis: A Comment on 'Illness and Injury as Contributors to Bankruptcy' and the Media Publicity Surrounding It

Texas Review of Law & Politics, Vol. 10, No. 1, 2006, San Diego Legal Studies Paper
Number of pages: 18 Posted: 22 Jan 2018
Gail L. Heriot
University of San Diego School of Law
Downloads 429 (62,033)

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bankruptcy, medical bills, health insurance

7.

Affirmative Action in American Law Schools

Journal of Contemporary Legal issues, Vol. 17, 2008, San Diego Legal Studies Paper No. 08-041
Number of pages: 45 Posted: 22 Jul 2008
Gail L. Heriot
University of San Diego School of Law
Downloads 319 (87,423)

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affirmative action, Commission on Civil Rights, Law Schools, Student Admissions, Diversity

8.

Brief Amicus Curiae of Gail Heriot and Peter N. Kirsanow, Members of the United States Commission on Civil Rights, in Support of Petitioner in Randy Joe Metcalf V. United States (Cert Stage)

San Diego Legal Studies Paper No. 18-352
Number of pages: 36 Posted: 24 Jul 2018
Gail L. Heriot and Peter Kirsanow
University of San Diego School of Law and Independent
Downloads 240 (118,354)

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hate crimes, 13th Amendment, Congress, badges and incidents, race, Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act

9.

Affirmative Action for Men?: Strange Silences and Strange Bedfellows in the Public Debate Over Discrimination Against Women in College Admissions

Engage: Volume 12, Issue 3
Number of pages: 9 Posted: 29 Dec 2016
Gail L. Heriot and Alison Somin
University of San Diego School of Law and Independent
Downloads 237 (119,867)

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Affirmative action, college admissions, women, men, Title IX

10.

Apprenticeships: Useful Alternative, Tough to Implement

Cato Institute Policy Analysis No. 805
Number of pages: 16 Posted: 01 Dec 2016
Gail L. Heriot
University of San Diego School of Law
Downloads 236 (120,368)

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Education policy, college, employment

11.

It’s Time for the Executive Branch to Conduct a 'Disparate Impact Inventory': Remarks at the Federalist Society's Sixth Annual Executive Branch Review, April 17, 2018, Washington, D.C.

San Diego Legal Studies Paper No. 18-347
Number of pages: 12 Posted: 21 May 2018 Last Revised: 05 Jun 2018
Gail L. Heriot
University of San Diego School of Law
Downloads 220 (129,028)

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Disparate Impact, Griggs v. Duke Power, Ricci v. DeStefano

12.
Downloads 196 (143,880)

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Schuette v. BAMN, Affirmative Action

13.

Working Backwards: How Employment Regulation Hurts Unemployed Millennials

Harvard Journal of Law and Public Policy, Vol. 38, No. 781, 2015
Number of pages: 7 Posted: 10 Jan 2017
Gail L. Heriot
University of San Diego School of Law
Downloads 174 (160,372)

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employment law, minimum wage, internships, youth unemployment, overregulation

14.

The Politics of Admissions in California

San Diego Legal Studies Paper
Number of pages: 8 Posted: 09 May 2018
Gail L. Heriot
University of San Diego School of Law
Downloads 160 (172,480)

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Proposition 209, affirmative action, race-preferential admissions, race, admissions, California

15.

Dissenting Statement of Commissioner Gail Heriot in the U.S. Commission on Civil Rights' Report, 'with Liberty and Justice for All: The State of Civil Rights at Immigration Detention Facilities'

San Diego Legal Studies Paper No. 17-246
Number of pages: 57 Posted: 12 Jan 2017
University of San Diego School of Law and University of San Diego School of Law
Downloads 159 (173,409)

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immigration, immigration detention, immigration detention centers, civil rights, private prisons, commission on civil rights, maggots, government reports, detainees

16.
Downloads 153 (179,134)

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EEOC, ban the box, criminal background checks, Title VII, disparate impact, ex-offenders reintegration, race discrimination, Equal Employment Opportunity Commission, Commission on Civil Rights, criminal records, employment discrimination

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Native Hawaiians, tribe, Hawaii, Indian law, equal protection, race discrimination, Commission on Civil Rights, race

18.

Statement of Commissioner Gail Heriot on the U.S.Commission on Civil Rights Report 'Sex Trafficking: A Gender-Based Violation of Civil Rights'

San Diego Legal Studies Paper No. 17-245
Number of pages: 30 Posted: 12 Jan 2017
Gail L. Heriot
University of San Diego School of Law
Downloads 136 (197,191)

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sex trafficking, human trafficking, prostitution, sexual slavery, slavery, sex discrimination, juvenile delinquency

19.

Dissenting Statement of Commissioner Gail Heriot in the U.S. Commission on Civil Rights’ Report on Public Education Inequity in an Era of Increasing Concentration of Poverty and Resegregation

San Diego Legal Studies Paper No. 18-322
Number of pages: 15 Posted: 18 Jan 2018 Last Revised: 20 Jan 2018
Gail L. Heriot
University of San Diego School of Law
Downloads 125 (210,797)

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education finance, school finance, civil rights

20.
Downloads 123 (213,390)

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Commission on Civil Rights, voter intimidation, New Black Panther Party, voting rights, Department of Justice, civil rights, race, Civil Rights Division, race neutrality

21.

Commissioner Gail Heriot Statement and Rebuttal in the U.S. Commission on Civil Rights’ An Assessment of Minority Voting Rights Access in the United States

San Diego Legal Studies Paper No. 18-361
Number of pages: 21 Posted: 14 Sep 2018
Gail L. Heriot
University of San Diego School of Law
Downloads 110 (231,618)

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voting rights, elections, preclearance, Shelby County v. Holder, disfranchisement, voter ID, felon voting.

22.

Statement of Commissioner Gail Heriot in the U.S. Commission on Civil Rights' Report 'Peaceful Coexistence: Reconciling Nondiscrimination Principles with Civil Liberties'

San Diego Legal Studies Paper No. 17-249
Number of pages: 45 Posted: 12 Jan 2017
Gail L. Heriot
University of San Diego School of Law
Downloads 109 (233,105)

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U.S. Commission on Civil Rights, Free Exercise, Religious Liberty, Religious Freedom Restoration Act, First Amendment, Civil Rights, Adoption, Civil Society, LGBT Rights, Transgender

23.

Sleeping Giant?: Section Two of the Thirteenth Amendment, Hate Crimes Legislation, and Academia's Favorite New Vehicle for the Expansion of Federal Power

Engage: Volume 13, Issue 3
Number of pages: 10 Posted: 29 Dec 2016
Gail L. Heriot and Alison Somin
University of San Diego School of Law and Independent
Downloads 106 (237,755)

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Hate Crimes, 13th Amendment, Congress, badges and incidents, race

24.

Brief of Amici Curiae Gail Heriot and Peter N. Kirsanow, Members of the U.S. Commission on Civil Rights, in Their Capacities as Private Citizens, in Support of the Reversal of Appellant's Conviction in United States v. Metcalf

San Diego Legal Studies Paper No. 17-244
Number of pages: 42 Posted: 31 Dec 2016 Last Revised: 09 Jan 2017
Gail L. Heriot and Peter Kirsanow
University of San Diego School of Law and Independent
Downloads 73 (300,508)

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hate crimes, 13th Amendment, Congress, badges and incidents, race, Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act

25.

Testimony Before the U.S. House of Representatives Task Force on Executive Overreach

San Diego Legal Studies Paper No. 17-276
Number of pages: 22 Posted: 04 Jan 2017 Last Revised: 13 Apr 2017
Gail L. Heriot
University of San Diego School of Law
Downloads 55 (347,645)

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Executive Overreach, Non-Delegation Doctrine, Administrative Procedure, Department of Education, Transgender

26.

Civil Rights: Lights, Camera, Legislation: Congress Set to Adopt Hate Crimes Bill that May Put Double Jeopardy Protections in Jeopardy

Engage: Volume 10, Issue 1
Number of pages: 4 Posted: 29 Dec 2016
Gail L. Heriot
University of San Diego School of Law
Downloads 51 (359,960)

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double jeopardy, hate crimes, federal crimes

27.

Statement of Commissioner Gail Heriot in the Report of the U.S. Commission on Civil Rights on the Multiethnic Placement Act: Minorities in Foster Care and Adoption

Statement of Commissioner Gail Heriot in the U.S Commission on Civil Rights’ Report, the Multiethnic Placement Act: Minorities in Foster Care and Adoption, 2010
Number of pages: 11 Posted: 24 Jan 2018
Gail L. Heriot
University of San Diego School of Law
Downloads 40 (408,344)

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The Multiethnic Placement Act, adoption, interracial, race discrimination, cultural genocide, foster parents, foster care, Commission on Civil Rights

28.
Downloads 39 (400,537)

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Environmental Justice, Environmental Racism, Title VI, EPA, Commission on Civil Rights, Coal Ash, Environmentalism, Disparate Impact, Landfill, Toxic Racism, Public Utility, Racial Minorities, Waste Disposal, Toxicology, Epidemiology, Hazardous Waste

29.

Dissenting Statement of Commissioner Gail Heriot in the U.S. Commission on Civil Rights’ Report, Peer-to-Peer Violence and Bullying: Examining the Federal Response

Peer-to-Peer Violence and Bullying: Examining the Federal Response, September 2011, San Diego Legal Studies Paper No. 18-336
Number of pages: 34 Posted: 22 Mar 2018
Gail L. Heriot
University of San Diego School of Law
Downloads 34 (420,321)

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bullying, cy pres, Title VI, harassment

30.

Brief Amici Curiae of Gail Heriot and Peter Kirsanow in Support of Petitioners in Texas Department of Housing and Community Affairs V. Inclusive Communities Project, Inc.

Number of pages: 47 Posted: 05 Jan 2017
Gail L. Heriot and Anthony T Caso
University of San Diego School of Law and Chapman University, The Dale E. Fowler School of Law
Downloads 34 (420,321)

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EEOC, HUD, Equal Employment Opportunity Commission, Fair Housing Act, Title VII, Department of Housing and Urban Development, disparate impact, criminal background checks, ban the box,

31.

Commissioner Statement of Gail Heriot in the U.S. Commission on Civil Rights' Report 'Patient Dumping'

San Diego Legal Studies Paper No. 17-250
Number of pages: 19 Posted: 12 Jan 2017
Gail L. Heriot
University of San Diego School of Law
Downloads 33 (424,380)

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Emergency Medical Treatment and Labor Act, EMTALA, Hospitals, Charity Hospitals, U.S. Commission on Civil Rights, Patient Dumping, Emergency Rooms, Urgent Care

32.
Downloads 30 (437,293)

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Department of Education, School Discipline, Disparate Impact, Title VI, Office for Civil Rights, School-To-Prison Pipeline, Commission on Civil Rights, Punishment, Race Discrimination

33.

Brief of Amici Curiae Gail Heriot and Peter N. Kirsanow, Members of the U.S. Commission on Civil Rights, in Their Capacities as Private Citizens in Support of Petitioner in Gloucester County School Board v. G. G. (Petition Stage)

San Diego Legal Studies Paper No. 17-279
Number of pages: 32 Posted: 31 Dec 2016 Last Revised: 13 Apr 2017
Gail L. Heriot and Peter Kirsanow
University of San Diego School of Law and Independent
Downloads 28 (446,593)

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Title IX, transgenderism, transgender, sex, gender, education policy, Gloucester County School Board v. G.G.

34.

The Sad Irony of Affirmative Action

The Sad Irony of Affirmative Action, National Affairs (Winter 2013)
Number of pages: 16 Posted: 10 Jan 2017
Gail L. Heriot
University of San Diego School of Law
Downloads 27 (451,466)

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race, affirmative action, diversity, race-preferential admissions, race-conscious admissions, college admissions, mismatch

35.

Brief Amicus Curiae of Gail Heriot and Peter N. Kirsanow, Members of the United States Commission on Civil Rights, in Their Private Capacities, in Support of Petitioner in Shea V. Kerry

San Diego Legal Studies Paper No. 17-275
Number of pages: 32 Posted: 05 Jan 2017 Last Revised: 13 Apr 2017
Gail L. Heriot and Peter Kirsanow
University of San Diego School of Law and Independent
Downloads 27 (451,466)

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Title VII, affirmative action, federal employment, race-prefential hiring, diversity, textualism, plain meaning

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Schuette, Michigan Civil Rights Initiative, Affirmative Action, Diversity, Voter Initiative, Direct Democracy, Political Re-Structuring, Race, College Admissions, Local Government

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Diversity, Higher Education, Political Correctness, Trigger Warnings, Intellectual Diversity, Ideological Diversity, Conservatism, Title IX, Hate Speech Codes, Universities, Legal Education, Law Schools

38.
Downloads 22 (477,701)

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Title VII, criminal background checks, ban the box, employment discrimination, ex-offender reintegration, disparate impact, Congress, Equal Employment Opportunity Commission, employment discrimination, conviction records

39.

The Equal Rights Amendment: Back for an Encore Performance?

Engage, 2008, San Diego Legal Studies Paper
Number of pages: 4 Posted: 30 Jan 2018
Gail L. Heriot
University of San Diego School of Law
Downloads 21 (483,278)

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Equal Rights Amendment, sex discrimination, bona fide occupational qualification

40.

Strict Scrutiny, Public Opinion, and Affirmative Action on Campus: Should the Courts Find a Narrowly Tailored Solution to a Compelling Need in a Policy Most Americans Oppose?

Harvard Journal on Legislation, Vol. 40, No. 219, 2003
Number of pages: 18 Posted: 16 Feb 2018
Gail L. Heriot
University of San Diego School of Law
Downloads 20 (488,791)

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affirmative action, strict scrutiny, college admissions, race-preferential admissions, diversity, equal protection, Grutter v. Bollinger, public opinion, race discrimination

41.

Statement of Commissioner Gail Heriot in the U.S. Commission on Civil Rights' Report on English-Only Policies in the Workplace

San Diego Legal Studies Paper No. 17-248
Number of pages: 21 Posted: 12 Jan 2017
Gail L. Heriot
University of San Diego School of Law
Downloads 17 (505,098)

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Employment Discrimination, English Only, Title VII, EEOC, National Origin, Language Discrimination, Employment Practices, U.S. Commission on Civil Rights

42.

Fisher V. University of Texas: The Court (Belatedly) Attempts to Invoke Reason and Principle

Number of pages: 31 Posted: 29 Dec 2016
Gail L. Heriot
University of San Diego School of Law
Downloads 14 (521,668)

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affirmative action, Fisher v. University of Texas (2013), college admissions, equal protections, strict scrutiny

43.

Brief Amicus Curiae of Gail Heriot and Peter N. Kirsanow, Member of the United States Commission on Civil Rights, in Support of Petitioner in Fisher V. University of Texas (Fisher II Merits Stage)

San Diego Legal Studies Paper No. 17-252
Number of pages: 53 Posted: 25 Jan 2017
Gail L. Heriot and Peter Kirsanow
University of San Diego School of Law and Independent
Downloads 13 (527,229)

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strict scrutiny, narrow tailoring, affirmative action, college admissions, diversity.

44.

Statement of Commissioner Gail Heriot in the U.S. Commission on Civil Rights Report on Minorities in Special Education

Number of pages: 5 Posted: 01 Feb 2017
Gail L. Heriot
University of San Diego School of Law
Downloads 12 (532,918)

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Special Education, Disparate Impact, Commission on Civil Rights, Racial Disproportionality, Single Parenthood, Race Discrimination

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Affirmative Action, Diversity, Race-Preferential Admissions, Race-Conscious Admissions, College Admissions, College Major, STEM, Science, Engineering, Mismatch

46.

Are Modern Bloggers Following in the Footsteps of Publius? (And Other Musings on Blogging by Legal Scholars...)

Berkman Center for Internet & Society - Bloggership: How Blogs are Transforming Legal Scholarship Conference, San Diego Legal Studies Paper No. 07-50
Number of pages: 15 Posted: 21 Apr 2006 Last Revised: 19 Jan 2018
Gail L. Heriot
University of San Diego School of Law
Downloads 10 (543,858)
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civil rights, Commission on Civil Rights, Civil Rights Division, Civil Rights Act of 1957, civil rights legislation

48.

Statement of Commissioner Gail Heriot in the U.S. Commission on Civil Rights’ Report on Targeted Fines and Fees Against Communities of Color: Civil Rights and Constitutional Implications

San Diego Legal Studies Paper No. 18-323
Number of pages: 21 Posted: 22 Jan 2018
Gail L. Heriot
University of San Diego School of Law
Downloads 8 (554,655)

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fine, fees, municipal finance, civil rights, race discrimination, equal protection

49.

Statement of Commissioner Gail Heriot in the U.S. Commission on Civil Rights’ Report, Enforcing Religious Freedom in Prison

San Diego Legal Studies Paper
Number of pages: 13 Posted: 24 Jan 2018
Gail L. Heriot
University of San Diego School of Law
Downloads 6 (565,283)

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religion, prisons, Religious Freedom Restoration Act, RFRA, RLUIPA, Religious Land Use and Institutionalized Persons Act, Free Exercise, PLRA, Prison Litigation Reform Act

50.
Downloads 5 (570,771)

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Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, Matthew Shepard Hate Crimes Prevention Act, Hate Crime, Bias Crime, Federalization of Crime, Double Jeopardy, Dual Sovereignty Rule

Other Papers (1)

Total Downloads: 4    Citations: 0
1.

'Aloha!' Akaka Bill

Engage Vol 7, issue 2, 2006
Number of pages: 3 Posted: 31 Dec 2016 Last Revised: 01 Jan 2017
Gail L. Heriot
University of San Diego School of Law
Downloads 4

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Native Hawaiians, Indian law, Hawaii, Native Americans, Akaka bill, Fifteenth Amendment, equal protection, race, ethnicity, Native Hawaiian Government Reorganization Act