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Full-Text Articles in Law

Locke’S “Wild Indian” In United States Supreme Court Jurisprudence, Anthony W. Hobert Phd May 2024

Locke’S “Wild Indian” In United States Supreme Court Jurisprudence, Anthony W. Hobert Phd

American Indian Law Journal

This article explores the impact of John Locke’s Two Treatises on United States Indigenous property rights jurisprudence. After discussing Locke’s arguments, the article turns to the rationales of the first and last cases of the Marshall Trilogy—Johnson v. McIntosh (1823) and Worcester v. Georgia (1832)—arguing that, contrary to prevailing political theory, Marshall’s opinion for the Court in Johnson puts forth a fundamentally Lockean justification for the dispossession of Indigenous property. This article also provides a brief analysis of Marshall’s explicit Vattelian rationale in Worcester, commentary on recent developments regarding the precedents, and recommendations for reconciling them within contemporary …


Justice Scalia And Tonto Fistfight In Heaven, Ray Martin Jul 2017

Justice Scalia And Tonto Fistfight In Heaven, Ray Martin

American Indian Law Journal

No abstract provided.


Complex Adaptive Peacemaking: How Systems Theory Reveals Advantages Of Traditional Tribal Dispute Resolution, Juliana E. Okulski Jan 2017

Complex Adaptive Peacemaking: How Systems Theory Reveals Advantages Of Traditional Tribal Dispute Resolution, Juliana E. Okulski

American Indian Law Journal

No abstract provided.


Guide For Tribal Appeals By Pro Se Litigants And Lay Advocates, Gregory D. Smith May 2016

Guide For Tribal Appeals By Pro Se Litigants And Lay Advocates, Gregory D. Smith

American Indian Law Journal

No abstract provided.


Proposals For Resolving Reservation Residents' Bail Catch-22: A Case Study Of The St. Regis Mohawk Indian Reservation & The Town Of Bombay, New York, John C. Carroll May 2016

Proposals For Resolving Reservation Residents' Bail Catch-22: A Case Study Of The St. Regis Mohawk Indian Reservation & The Town Of Bombay, New York, John C. Carroll

American Indian Law Journal

No abstract provided.


Defining The Indian Civil Rights Act's "Sufficiently Trained" Tribal Court Judge, Jill Elizabeth Tompkins Dec 2015

Defining The Indian Civil Rights Act's "Sufficiently Trained" Tribal Court Judge, Jill Elizabeth Tompkins

American Indian Law Journal

No abstract provided.


A Streamlined Model Of Tribal Appellate Court Rules For Lay Advocates And Pro Se Litigants, Gregory D. Smith J.D. Dec 2015

A Streamlined Model Of Tribal Appellate Court Rules For Lay Advocates And Pro Se Litigants, Gregory D. Smith J.D.

American Indian Law Journal

No abstract provided.