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48 Santa Clara L. Rev. [i] (2008)

handle is hein.journals/saclr48 and id is 1 raw text is: SANTA CLARA LAW REVIEW VOLUME 48 2008 NUMBER 1 CONTENTS ARTICLES CORRUPTION IN EDUCATION: A GLOBAL LEGAL CHALLENGE This article explores the problems posed by corruption in higher education around the world. In other countries, those difficulties include widespread plagiarism and the buying and selling of admission to college and university programs, grades, and diplomas. In American higher education, corruption tends to take less blatant forms. These include abusive student loan practices, lax standards for athletes, no-show jobs, over-billing of the government, sweetheart contracts, improper gifts, nepotism, lavish spending, and conflicts of interest. This article identifies basic principles that should shape legal efforts to deter, expose, and penalize corruption in academic institutions. The analysis also defines best practices relating to compensation and benefits, faculty and student codes of conduct, and prevention of financial corruption that should be followed by colleges and universities aspiring to high ethical standards. Vincent R. Johnson ....................................... FEDERALISM AND THE STATE RECOGNITION OF NATIVE AMERICAN TRIBES: A SURVEY OF STATE-RECOGNIZED TRIBES AND STATE RECOGNITION PROCESSES ACROSS THE UNITED STATES Federalism and the State Recognition of Native American Tribe's provides an overview of the legal status of state-recognized Native American tribes-tribes that have been recognized by their respective states, but not the federal government. In the article, the authors discuss how state recognition functions within our federalist system and why state recognition has become increasingly important for states and tribes. The authors also categorize the various recognition schemes utilized by states into state law, administrative, legislative and executive recognition processes. Further, the authors provide a summary of the tribes recognized by each state and each state's regulatory approach to tribal-state relations. The article concludes with a brief argument in favor of greater rights on the part of state tribes. Alexa Koenig and Jonathan Stein ......................... 79 JUSTICE AND THE FELONIOUS ATTORNEY For three thousand years ethicists have recognized that moral character can be measured in two ways: the moral character necessary for a person to be a good individual and the moral character necessary for a person to be a good member of a particular group. State supreme court opinions give the impression that bar applicants need only show present good individual moral character. But the courts actually judge an applicant's character on the basis of both individual and group moral character. While this confusion can have negative consequences for any applicant, it has a disparate effect on

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