"Wind Energy in Indian Country: A Study of the Challenges and Opportunities Facing South Dakota Tribes" is a study of the developing wind power in Indian country and how this resource presents a unique opportunity for Indian tribes to advance economic and social interests while adhering to...

The globalization movement has made efforts to create free trade zones through considerable efforts to harmonize international commercial and trade laws. Perhaps as a result of the focus that the globalization movement has put on trade harmonization, commentators and regulators have begun...

This article examines shareholder class actions and offers a proposal for reforming this area of litigation. After describing the nature and dynamics of these lawsuits (see Part II), the article in Part III outlines the criticisms of shareholder class actions. These criticisms take two basic...

Public participation is often encouraged and specifically provided for in the rule making processes of administrative agencies. It is argued and generally accepted that public feedback and participation informs agency rule making. A value of public participation in agency rule making is that it...

Fiduciary duty claims are becoming a hot topic. Increasingly plaintiffs in a variety of commercial situations are suing under some fiduciary duty theory. Fornerly, fiduciary duties were only imposed on persons occupying some special position such as trustee or guardian. Lately, however, the...

quot;Judicial Review and the 'Hard Look' Doctrinequot; examines the ways in which judicial review of administrative rulemaking has become more scrutinizing. Specifically, the article analyzes what has become known as the 'hard look' standard of judicial review. To many scholars, this hard look...

This Article addresses the First Amendment status of the one participant in the communications process who is the most vulnerable and least protected in today's media-saturated world - the unwilling recipient of offensive media entertainment speech. The Article argues that for the communicative...

quot;Anonymous Sources, Libel Law, and the First Amendmentquot; presents an analysis of constitutional doctrines governing the media's use of anonymous sources, as well as of the constitutional model of the First Amendment Press Clause that gave rise to those doctrines. The article examines the...

The Constitutional Lynchpin of Liberty in an Age of New Federalism: Replacing Substantive Due Process with the Right to Travel argues that the federalism revolution waged by the Rehnquist Court may point the way to a more constitutionally sound approach to protecting individual liberty than the...

quot;The Institutional Side of Religious Liberty: A New Model of the Establishment Clausequot; offers a new theory of the First Amendment Establishment Clause. Under this theory, the Clause plays a subordinate role to the Free Exercise Clause; whereas at present, the Exercise Clause is generally...