The Archaeological Resources Protection Act - Twenty Five Years Later

In 1979, Congress passed the Archaeological Resources Protection Act ( ARPA ) to protect archaeological resources and sites found on Indian and public lands and to promote the study and evaluation of these resources through increased cooperation between governmental authorities, the professional archaeological community, and private individuals. Now twenty-five years old, ARPA has been one of the principal federal laws used to protect archaeological resources. The article examines the few reported decisions which have interpreted some of the key criminal and civil penalty provisions under ARPA, as well as the application of the Sentencing Guidelines to criminal violations under the Act

Foreign Extradition, Provisional Arrest Warrants, and Probable Cause

This Article regards what sort of probable cause that a magistrate needs when he issues a provisional arrest warrant, is it probable cause that the person from another country actually committed the crime underlying the extradition request or is it probable cause that the person actually has been charged by a foreign country with a crime? This Article, which is divided into three parts, analyzes the developing case law in this area. First, because the probable cause standard is found in the Fourth Amendment, the Article briefly analyzes how that standard has been applied by the courts in criminal cases. Next, the Article discusses the application of the probable cause standard at extradition hearings, a practice which is well established. Lastly, the Article explores how courts have analyzed challenges to provisional arrest warrants

The Administrative Tribal Recognition Process and the Courts

This article, which is divided into three parts, examines the regulations and the judicial gloss placed on them by the courts. First, and by way of background, the article discusses how tribes historically were recognized. The article then reviews in detail the 1978 regulations as promulgated and amended. Lastly, the article discusses how courts have responded to challenges to, and interpreted various aspects of, these regulations