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- American Indian Law Review (13)
- University of Michigan Journal of Law Reform (4)
- Books, Reports, and Studies (3)
- Michigan Law Review (3)
- Washington Law Review (3)
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- Michigan Journal of Race and Law (2)
- California Senate (1)
- Environmental Regulation of Oil and Gas Development on Tribal Lands: Who Has the Authority? (November 1) (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9) (1)
- Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12) (1)
- Jepson School of Leadership Studies articles, book chapters and other publications (1)
- Natural Resource Development in Indian Country (Summer Conference, June 8-10) (1)
- The Climate of Environmental Justice: Taking Stock (March 16-17) (1)
- US Government Documents related to Indigenous Nations (1)
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Articles 1 - 30 of 37
Full-Text Articles in Law
White Tape And Indian Wards: Removing The Federal Bureaucracy To Empower Tribal Economies And Self-Government, Adam Crepelle
White Tape And Indian Wards: Removing The Federal Bureaucracy To Empower Tribal Economies And Self-Government, Adam Crepelle
University of Michigan Journal of Law Reform
American Indians have the highest poverty rate in the United States, and dire poverty ensnares many reservations. With no private sector and abysmal infrastructure, reservations are frequently likened to third-world countries. Present-day Indian poverty is a direct consequence of present-day federal Indian law and policy. Two-hundred-year-old laws premised on Indian incompetency remain a part of the U.S. legal system; accordingly, Indian country is bound by heaps of federal regulations that apply nowhere else in the United States. The federal regulatory structure impedes tribal economic development and prevents tribes from controlling their own resources.
This Article asserts the federal regulatory “white …
Textualism’S Gaze, Matthew L.M. Fletcher
Textualism’S Gaze, Matthew L.M. Fletcher
Michigan Journal of Race and Law
This Article attempts to address why textualism distorts the Supreme Court’s jurisprudence in Indian law. I start with describing textualism in federal public law. I focus on textualism as described by Justice Scalia, as well as Scalia’s justification for textualism and discussion about the role of the judiciary in interpreting texts. The Court is often subject to challenges to its legitimacy rooted in its role as legal interpreter that textualism is designed to combat.
Failed Protectors: The Indian Trust And Killers Of The Flower Moon, Matthew L.M. Fletcher
Failed Protectors: The Indian Trust And Killers Of The Flower Moon, Matthew L.M. Fletcher
Michigan Law Review
Review of David Grann's Killers of the Flower Moon: The Osage Murders and the Birth of the FBI.
Complexity's Shadow: American Indian Property, Sovereignty, And The Future, Jessica A. Shoemaker
Complexity's Shadow: American Indian Property, Sovereignty, And The Future, Jessica A. Shoemaker
Michigan Law Review
This Article offers a new perspective on the challenges of the modern American Indian land tenure system. While some property theorists have renewed focus on isolated aspects of Indian land tenure, including the historic inequities of colonial takings of Indian lands, this Article argues that the complexity of today’s federally imposed reservation property system does much of the same colonizing work that historic Indian land policies—from allotment to removal to termination—did overtly. But now, these inequities are largely overshadowed by the daunting complexity of the whole land tenure structure. This Article introduces a new taxonomy of complexity in American Indian …
Slides: Wrapping Up The Big Horn Adjudication: Lessons After 38 Years And 20,000 Claims, Ramsey L. Kropf
Slides: Wrapping Up The Big Horn Adjudication: Lessons After 38 Years And 20,000 Claims, Ramsey L. Kropf
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Ramsey L. Kropf, Deputy Solicitor for Water Resources, Office of the Solicitor, U.S. Department of the Interior
34 slides
Formalism And Judicial Supremacy In Federal Indian Law, Alex Tallchief Skibine
Formalism And Judicial Supremacy In Federal Indian Law, Alex Tallchief Skibine
American Indian Law Review
No abstract provided.
Improving Native American Access To Federal Funding For Economic Development Through Partnerships With Rural Communities, Joanna M. Wagner
Improving Native American Access To Federal Funding For Economic Development Through Partnerships With Rural Communities, Joanna M. Wagner
American Indian Law Review
No abstract provided.
Indigenous Peoples And Environmental Justice: The Impact Of Climate Change, Rebecca Tsosie
Indigenous Peoples And Environmental Justice: The Impact Of Climate Change, Rebecca Tsosie
The Climate of Environmental Justice: Taking Stock (March 16-17)
Presenter: Rebecca Tsosie, Professor of Law, Arizona State University
1 page.
Native Communities And Climate Change: Protecting Tribal Resources As Part Of National Climate Policy: Executive Summary, Jonathan M. Hanna, University Of Colorado Boulder. Natural Resources Law Center, Western Water Assessment (Program)
Native Communities And Climate Change: Protecting Tribal Resources As Part Of National Climate Policy: Executive Summary, Jonathan M. Hanna, University Of Colorado Boulder. Natural Resources Law Center, Western Water Assessment (Program)
Books, Reports, and Studies
7 p. : col. ill., maps
Native Communities And Climate Change: Protecting Tribal Resources As Part Of National Climate Policy: Report, Jonathan M. Hanna, University Of Colorado Boulder. Natural Resources Law Center, Western Water Assessment (Program)
Native Communities And Climate Change: Protecting Tribal Resources As Part Of National Climate Policy: Report, Jonathan M. Hanna, University Of Colorado Boulder. Natural Resources Law Center, Western Water Assessment (Program)
Books, Reports, and Studies
67 p.
A Civic-Republican Vision Of "Domestic Dependent Nations" In The Twenty-First Century: Tribal Sovereignty Re-Envisioned, Reinvigorated, And Re-Empowered, Hope M. Babcock
A Civic-Republican Vision Of "Domestic Dependent Nations" In The Twenty-First Century: Tribal Sovereignty Re-Envisioned, Reinvigorated, And Re-Empowered, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
As a cure for what ails democracy in a pluralistic modem society, such as ours, Michael Sandel recommends "dispersing" sovereignty to a "multiplicity of [civic republican] communities--some more, some less extensive than nations." He intimates that doing this "may entail according greater cultural and political autonomy to subnational communities," which, in turn might "ease the strife that arises when state sovereignty is an all-or-nothing affair, absolute and indivisible, the only meaningful form of self-determination." He sees in federalism not just a "theory of intergovernmental relations," but a "political vision" that "self-government works best when sovereignty is dispersed and citizenship formed …
Tribal Jurisdiction And Domestic Violence: The Need For Non-Indian Accountability On The Reservation, Amy Radon
Tribal Jurisdiction And Domestic Violence: The Need For Non-Indian Accountability On The Reservation, Amy Radon
University of Michigan Journal of Law Reform
Domestic violence is a severe problem for tribes across the nation, as their female members are victimized at highly disproportionate rates compared to members of dominant society. Many tribes have sophisticated domestic violence codes to combat the problem, but they are powerless to prosecute the majority of those who will abuse Indian women: non-Indian men. In 1978 the Supreme Court stripped tribes of their power to prosecute non-Indians in criminal matters, which not only damaged tribal sovereignty but also meant the difference between a life free from abuse and one with constant fear, intimidation, and pain for Indian women.
The …
A Whole New Game: Recognizing The Changing Complexion Of Indian Gaming By Removing The "Governor's Veto" For Gaming On "After-Acquired Lands", Brian P. Mcclatchey
A Whole New Game: Recognizing The Changing Complexion Of Indian Gaming By Removing The "Governor's Veto" For Gaming On "After-Acquired Lands", Brian P. Mcclatchey
University of Michigan Journal of Law Reform
The recent explosive growth of the Indian gaming industry and judicial decisions analyzing a portion of the governing statute point to an inherent flaw in the mechanism provided by the Indian Gaming Regulatory Act (IGRA) for the establishment of off-reservation gaming enterprises. This Note argues for a reform of the so-called "after-acquired lands" provision of IGRA, which would remove the governor's concurrence requirement and place the decision to allow Indian gaming off-reservation into the negotiating process between states and tribes, as another term to be negotiated between sovereigns. Such a reform would allow states and tribes alike to extract their …
Abandoning The Pia Standard: A Comment On Gila V, Galen Lemei
Abandoning The Pia Standard: A Comment On Gila V, Galen Lemei
Michigan Journal of Race and Law
Part I of this Note examines the development of Indian reserved water rights, and the practicably irrigable acreage method of quantifying those rights, as defined by the Court. Part II describes the arguments of state and private interests that oppose broad Indian water rights. Part III discusses Gila V, including the Arizona Supreme Court's rationale for abandoning the standard set forth by the U.S. Supreme Court and the standard for quantifying Indian reserved rights that the court applied in its place. Part IV analyzes the Arizona Supreme Court's justifications for abandoning the standard, and considers alternate grounds for the …
The Tribal Exhaustion Doctrine: "Just Stay On The Good Roads, And You've Got Nothing To Worry About", Phillip Allen White
The Tribal Exhaustion Doctrine: "Just Stay On The Good Roads, And You've Got Nothing To Worry About", Phillip Allen White
American Indian Law Review
No abstract provided.
A "Civil" Method Of Law Enforcement On The Reservation: In Rem Forfeiture And Indian Law, Henry S. Noyes
A "Civil" Method Of Law Enforcement On The Reservation: In Rem Forfeiture And Indian Law, Henry S. Noyes
American Indian Law Review
No abstract provided.
Environmental Regulation Of Oil And Gas Development On Tribal Lands: Who Has The Authority?, Richard B. Collins, Tom Shipps, Marla Williams, University Of Colorado Boulder. Natural Resources Law Center
Environmental Regulation Of Oil And Gas Development On Tribal Lands: Who Has The Authority?, Richard B. Collins, Tom Shipps, Marla Williams, University Of Colorado Boulder. Natural Resources Law Center
Environmental Regulation of Oil and Gas Development on Tribal Lands: Who Has the Authority? (November 1)
14 pages.
Collection of 3 papers presented at the Hot Topics in Natural Resources Law program held on Nov. 1, 1995.
Includes bibliographical references.
Contents:
Environmental regulation of oil and gas development on tribal lands : who has authority? / Richard Collins -- Environmental regulation of energy resource development on Indian reservation land / Tom Shipps -- Colorado Oil and Gas [Conservation] Commission jurisdiction over environmental matters on Indian lands / Marla Williams
Jurisdiction to regulate the environmental impacts of oil and gas development on the reservation has been contested by tribes, the state, private land owners and federal agencies. …
"Constructing" Nation Within States: The Quest For Federal Recognition By The Catawba And Lumbee Tribes, Anne Merline Mcculloch, David E. Wilkins
"Constructing" Nation Within States: The Quest For Federal Recognition By The Catawba And Lumbee Tribes, Anne Merline Mcculloch, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
Creating and in some cases re-creating viable tribal political communities within the construct of modern nation-state has proven to be a troublesome task for indigenous populations worldwide. The task for indigenous governments in the United States has been further complication by federalism's divisions of power between the states and the national government. Native American tribes often find themselves waging a two-front battle in which they must resist state encroachments over their lands and their inherent government authority; while at the same time they must lobby the federal government for protection of those same lands and powers.
History is replete with …
Controlling Blue Skies In Indian Country: Who Is The Air Quality Posse--Tribes Or States? The Applicability Of The Clean Air Act In Indian Country And On Oklahoma Tribal Lands, Julie M. Reding
American Indian Law Review
No abstract provided.
National Farmers Union And Its Progeny: Does It Create A New Federal Court System?, Philip J. Smith
National Farmers Union And Its Progeny: Does It Create A New Federal Court System?, Philip J. Smith
American Indian Law Review
No abstract provided.
Agenda: Natural Resource Development In Indian Country, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Natural Resource Development In Indian Country, University Of Colorado Boulder. Natural Resources Law Center
Natural Resource Development in Indian Country (Summer Conference, June 8-10)
Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Charles F. Wilkinson, Lawrence J. MacDonnell and Richard B. Collins.
Indian reservations constitute about 2.5% of all land in the country and 5% of all land in the American West. During the last two decades, Indian natural resources issues have moved to the forefront as tribal governments have dramatically expanded their regulatory programs, judicial systems. and resource development activities. This major symposium will address current developments and assess likely future directions in the areas of tribal, federal, and state regulation; tribal-state intergovernmental agreements; financing; mineral …
The Governmental Context For Natural Resources Development In Indian Country, Susan M. Williams, University Of Colorado Boulder. Natural Resources Law Center
The Governmental Context For Natural Resources Development In Indian Country, Susan M. Williams, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
22 p. ; 28 cm
The Hermeneutics Of Indian Law, Robert A. Williams Jr.
The Hermeneutics Of Indian Law, Robert A. Williams Jr.
Michigan Law Review
A Review of American Indians, Time, and the Law: Native Societies in a Modern Constitutional Democracy by Charles F. Wilkinson
Law Enforcement On Indian Lands, Senate Judiciary Committee
Law Enforcement On Indian Lands, Senate Judiciary Committee
California Senate
No abstract provided.
A Proposal For Extension Of The Occupational Safety And Health Act To Indian-Owned Businesses On Reservations, Maureen M. Crough
A Proposal For Extension Of The Occupational Safety And Health Act To Indian-Owned Businesses On Reservations, Maureen M. Crough
University of Michigan Journal of Law Reform
This Note argues that the Act does not apply to Indian businesses because it does not specifically mention them. While sensitive to the desirability of providing certain kinds of federal protections to all Americans, this Note takes the position that the sovereignty of Indian tribes should not be abrogable except by considered and express congressional action. Concluding nonetheless that the workplace protection the Occupational Safety and Health Act provides should be extended to Indians on reservations, the Note proposes amendment of the Act: to extend its protection; to permit tribal enforcement; and to authorize the federal government to help financially …
Economic Development In Indian Country: What Are The Questions?, Frank Pommersheim
Economic Development In Indian Country: What Are The Questions?, Frank Pommersheim
American Indian Law Review
No abstract provided.
Reservations: The Surplus Lands Acts And The Question Of Reservation Disestablishment, Susan D. Campbell
Reservations: The Surplus Lands Acts And The Question Of Reservation Disestablishment, Susan D. Campbell
American Indian Law Review
No abstract provided.
Federal And Indian Reserved Rights To Groundwater [Outline], Robert S. Pelcyger
Federal And Indian Reserved Rights To Groundwater [Outline], Robert S. Pelcyger
Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)
6 pages.
Service Of Process And Execution Of Judgement On Indian Reservations, Robert Laurence
Service Of Process And Execution Of Judgement On Indian Reservations, Robert Laurence
American Indian Law Review
No abstract provided.