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Articles 1 - 9 of 9

Full-Text Articles in Law

Great Nations Can Work On Mistakes, Kevin Washburn Sep 2014

Great Nations Can Work On Mistakes, Kevin Washburn

Faculty Scholarship

No abstract provided.


Indian Gaming – The Next 25 Years, Kevin Washburn Jul 2014

Indian Gaming – The Next 25 Years, Kevin Washburn

Faculty Scholarship

Testimony of Kevin K. Washburn Assistant Secretary for Indian Affairs United States Department of the Interior Before the Senate Committee on Indian Affairs Oversight Hearing


Law And Order Commission Report: “A Roadmap For Making Native America Safer.”, Kevin Washburn Feb 2014

Law And Order Commission Report: “A Roadmap For Making Native America Safer.”, Kevin Washburn

Faculty Scholarship

Testimony of Kevin K. Washburn Assistant Secretary Indian Affairs United States Department of the Interior Before The Senate Committee on Indian Affairs On The Law and Order Commission Report: “A Roadmap for Making Native America Safer.”


Forrest Gerard’S Legacy Is Self-Determination For Tribes, Kevin Washburn Jan 2014

Forrest Gerard’S Legacy Is Self-Determination For Tribes, Kevin Washburn

Faculty Scholarship

The passing of Albuquerque resident and former Assistant Secretary of Indian Affairs, Forrest J. Gerard, on Dec. 28 provides an opportunity to take stock of the important federal Indian policies he championed and his contributions to Native Americans across the country deserve to be celebrated.


Tribal Environmental Programs: Providing Meaningful Involvement And Fair Treatment, Jeanette Wolfley Jan 2014

Tribal Environmental Programs: Providing Meaningful Involvement And Fair Treatment, Jeanette Wolfley

Faculty Scholarship

Tribal governments are developing and implementing federally authorized and/or approved tribal environmental programs in the areas of water quality, air quality, and solid waste. As part of this federal delegation process there are federal requirements relating to due process and fair treatment of the public and stakeholders who may be affected by the tribal environmental laws and regulations. This article explores and examines public participation and due process within the tribal context and proposes tribal institutions are in the best position to articulate the tribal cultural and social norms of public participation and fair treatment. It is through this process …


Adoption Law In The United States: A Pathfinder, Glen-Peter Ahlers Sr. Jan 2014

Adoption Law In The United States: A Pathfinder, Glen-Peter Ahlers Sr.

Faculty Scholarship

No abstract provided.


Exposing The Institutions That Mask Us, Christine Zuni Cruz Jan 2014

Exposing The Institutions That Mask Us, Christine Zuni Cruz

Faculty Scholarship

I am going to stand in tribute to Professor Montoya and her family and to the Chicana/o-Latina/o Law Review, which brings us to this point where we are considering and celebrating Professor Montoyas Mascaras, Trenzas, Y Grenas: Un/Masking the Self While Un/Braiding Latina Stories and Legal Discourse, twenty years after its initial publication. Professor Montoya's article is timeless.


Comparative Institutional Competency And Sovereignty In Indian Affairs, Michalyn Steele Jan 2014

Comparative Institutional Competency And Sovereignty In Indian Affairs, Michalyn Steele

Faculty Scholarship

While vigorous debate surrounds the proper scope and ambit of inherent tribal authority, there remains a critical antecedent question: whether Congress or the courts are ultimately best situated to define the contours of inherent tribal authority. In February 2013, Congress enacted controversial tribal jurisdiction provisions as part of the Violence Against Women Act reauthorization recognizing and affirming inherent tribal authority to prosecute all persons, including non-Indian offenders, for crimes of domestic violence in Indian country. This assertion by Congress of its authority to set the bounds of tribal inherent authority -- beyond where the United States Supreme Court has held …


In Plain View, Christina D. Ponsa-Kraus Jan 2014

In Plain View, Christina D. Ponsa-Kraus

Faculty Scholarship

In this tightly argued and thoroughly engaging article, Gregory Ablavsky makes the case for a revisionist history of the U.S. Constitution that places Native American Indians at its center. While it isn’t hard to show that conventional constitutional histories largely neglect Indians, it isn’t easy to prove that such neglect is not benign. That is, it’s one thing to argue that standard accounts should include a discussion of Indians, but it’s another thing entirely to make a convincing case that core constitutional understandings would be fundamentally altered if historians fully and prominently integrated the history of relations with Indians into …