Oklahoma City University law review. Oklahoma City University最新文献

Genomic Research in Indian Country: The New Road to Termination? 印度国家的基因组研究:通往终结的新道路?

Oklahoma City University law review. Oklahoma City University Pub Date : 2014-03-25 DOI: 10.2139/SSRN.2318615

M. Sanders

{"title":"Genomic Research in Indian Country: The New Road to Termination?","authors":"M. Sanders","doi":"10.2139/SSRN.2318615","DOIUrl":"https://doi.org/10.2139/SSRN.2318615","url":null,"abstract":"Genomic science has generated controversy in the social, legal, and ethical arenas for decades, and indigenous populations continue to be a subject of great interest in this area. This article looks at the recent concept of population genomics, a biotechnology used to help scientists understand how genetic variation relates to human health and evolutionary history. Parts II and III examine the debate among scientists as to the migration of the “first Americans” into North America, a debate that is quickly being influenced by the DNA markers found in the human genome. Part IV surveys the history of scientific research involving indigenous peoples – a history predominantly colored by ignorance and bias – as science was presented as conclusive proof of their savage nature and inferiority as a race. Scientists today proffer evidence that the ancestors of Native Americans were, in reality, colonists who immigrated from Africa, Europe, and/or Asia, and Part V analyzes a number of indicators that point to the possibility of genomic research providing justification for another termination of the special status and rights of Native Americans. Part VI looks at a number of tools that tribes may wish to consider using to help protect the genetic information of their members as they are faced with the seemingly endless need of researchers for Native American DNA. The article concludes that while suppositions of geneticists are in actuality just theories of historic migration, these theories have gained acceptance as fact in mainstream society. Given current indicators, Congress and/or the courts may very well use genomic science to justify another termination of the federal/tribal trust relationship.","PeriodicalId":82220,"journal":{"name":"Oklahoma City University law review. Oklahoma City University","volume":"77 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2014-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90246981","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Chains of the Constitution and Legal Process in the Library: a Post-Patriot Reauthorization Act Assessment 图书馆的宪法链条与法律程序:后爱国者再授权法案评估

Oklahoma City University law review. Oklahoma City University Pub Date : 2008-03-12 DOI: 10.2139/SSRN.1105448

Susan Nevelow Mart

{"title":"The Chains of the Constitution and Legal Process in the Library: a Post-Patriot Reauthorization Act Assessment","authors":"Susan Nevelow Mart","doi":"10.2139/SSRN.1105448","DOIUrl":"https://doi.org/10.2139/SSRN.1105448","url":null,"abstract":"Since the Patriot Act was passed in 2001, controversy has raged over nearly every provision. The controversy has been particularly intense over provisions that affect the patrons of libraries. This article follows those Patriot Act provisions that affect libraries, and reviews how they have been interpreted, how the Patriot Reauthorization Acts have changed them, and what government audits and court affidavits reveal about the use and misuse of the Patriot Act. The efforts of librarians and others opposed to the Patriot Act have had an effect, both legislatively and judicially, in changing and challenging the Patriot Act. Because libraries are such a potent symbol of democratic openness, the effect of the Patriot Act on libraries has acted in the public mind as a microcosm of the broader problems with the implementation of the Patriot Act. The public's discomfort with the civil liberties implications of the Patriot Act has turned out to be justified, as every agency that has reviewed the implementation of the Patriot Act has concluded that the government has not been able to maintain an appropriate balance between the need to protect civil liberties and the need to prevent terrorist acts. The government's list of domestic terrorist acts that have been prevented or punished is not inspiring: the entire panoply of tools authorized by the Patriot Act has not done much more than stop some home-grown right wing fringe groups and ecoterrorists. In light of the evidence of abuse of civil liberties and the questionable constitutionality of many of the Patriot Act's provisions, this paper suggests that the time for vigorous advocacy has not passed and that further legislative changes need to be made.","PeriodicalId":82220,"journal":{"name":"Oklahoma City University law review. Oklahoma City University","volume":"3 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2008-03-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89920893","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Medical gender bias and managed care. 医疗性别偏见和管理式护理。

Oklahoma City University law review. Oklahoma City University Pub Date : 2002-01-01

Vickie Lawrence MacDougall

引用次数: 0

Legal issues in end-of-life care in Oklahoma. 俄克拉荷马州临终关怀的法律问题。

Oklahoma City University law review. Oklahoma City University Pub Date : 2002-01-01

Laura L Cross

引用次数: 0

DNA analysis and the Freedom of Information Act: information or invasion? DNA分析和信息自由法案:信息还是入侵?

Oklahoma City University law review. Oklahoma City University Pub Date : 2001-01-01

C Might

引用次数: 0

The Scope of the Commerce Clause After Morrison 莫里森之后商业条款的适用范围

Oklahoma City University law review. Oklahoma City University Pub Date : 2000-06-01 DOI: 10.2139/SSRN.255300

Jesse H. Choper, J. Yoo

{"title":"The Scope of the Commerce Clause After Morrison","authors":"Jesse H. Choper, J. Yoo","doi":"10.2139/SSRN.255300","DOIUrl":"https://doi.org/10.2139/SSRN.255300","url":null,"abstract":"This essay, a contribution to a fall symposium at the Oklahoma City University law school, examines the Supreme Court's Commerce Clause jurisprudence in light of the Supreme Court's decision last Term in United States v. Morrison. Morrison found unconstitutional the Violence Against Women Act because its reach exceeded that permitted to the federal government under Article I, Section 8 of the Constitution. We argue that the Court's restrictions on the commerce power, while certainly a departure from previous directions in the federalism area, alone present no drastic or revolutionary limitations on the federal government's ability to achieve its policies. Some might fear that Morrison will prevent Congress from using the Commerce Clause to reach noncommercial, intrastate activity. Other powers, however, such as the Spending and Taxing Clauses, provide Congress with alternative opportunities to reach beyond the new restrictions on the Commerce Clause. Even the Court's current pronouncements on the Commerce Clause provide Congress with ample power to reach a great deal of conduct. Due to the national integration of the economy and society, the channels and instrumentalities prongs of the Commerce Clause provide substantial authority to establish uniform federal rules over a vast amount of noncommercial conduct. Even if Congress wishes to intrude even further into intrastate activity, the Court's effort to impose the barrier at economic activity may prove sufficiently permeable to allow federal jurisdiction over most things that Congress would want to regulate. If the Court intends to impose serious restraints on Congress, its recent efforts in the Commerce Clause area can only be the early steps.","PeriodicalId":82220,"journal":{"name":"Oklahoma City University law review. Oklahoma City University","volume":"76 1","pages":"843"},"PeriodicalIF":0.0,"publicationDate":"2000-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81377039","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 5