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Articles 61 - 64 of 64
Full-Text Articles in Law
Sovereign Bargains, Indian Takings, And The Preservation Of Indian Country In The Twenty-First Century, Raymond Cross
Sovereign Bargains, Indian Takings, And The Preservation Of Indian Country In The Twenty-First Century, Raymond Cross
Faculty Law Review Articles
This article develops a modern Indians taking doctrine by critically examining the unfolding of Marshall's Indian bargaining model through three distinct eras: 1) Chief Justice Marshall's construction of the Indian bargaining model as an American adaptation of the European doctrine of discovery; 2) the Supreme Court's subsequent reformulation of that model as the Indian plenary power doctrine; and 3) the Court's failed reconciliation of the Indian plenary power doctrine with the just compensation command of the Constitution.
A sketch of such a doctrine is provided by a case study of the 1949 taking of the Fort Berthold Indian Reservation, a …
Indian Tribal Rights And The National Forests: The Case Of The Aboriginal Lands Of The Nez Perce Tribe, Charles F. Wilkinson
Indian Tribal Rights And The National Forests: The Case Of The Aboriginal Lands Of The Nez Perce Tribe, Charles F. Wilkinson
Publications
No abstract provided.
Resource Law Notes Newsletter, No. 42, Winter Issue, Feb. 1998, University Of Colorado Boulder. Natural Resources Law Center
Resource Law Notes Newsletter, No. 42, Winter Issue, Feb. 1998, University Of Colorado Boulder. Natural Resources Law Center
Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)
No abstract provided.
Aboriginal Rights, Aboriginal Culture, And Protection, Gordon Christie
Aboriginal Rights, Aboriginal Culture, And Protection, Gordon Christie
All Faculty Publications
There is a common perception that elements of mainstream society are disrespectful of Aboriginal culture. This article argues that developments in the law offer promise for the protection of Aboriginal "intellectual products," manifestations of Aboriginal culture reflecting their world-view. What Aboriginal peoples would like to see protected, however, are not so much words, pictures, or acts but rather the values, beliefs, and principles that give these meaning. Such, the author argues, are best protected by mechanisms internal to Aboriginal communities. Furthermore, the lack of such mechanisms would not justify the intrusion of Canadian law, but rather raises a call within …