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Articles 1 - 30 of 44
Full-Text Articles in Law
A Symbol Of Unity: Freeing The Aboriginal Flag, Dominic Shaw
A Symbol Of Unity: Freeing The Aboriginal Flag, Dominic Shaw
BYU Law Review
No abstract provided.
Indigenous Dignity And The Right To Be Forgotten, Trevor Reed
Indigenous Dignity And The Right To Be Forgotten, Trevor Reed
BYU Law Review
No abstract provided.
Native American Religious Freedom As A Collective Right, Michael D. Mcnally
Native American Religious Freedom As A Collective Right, Michael D. Mcnally
BYU Law Review
No abstract provided.
Establishing Paternity Under The Indian Child Welfare Act, Carlie Smith
Establishing Paternity Under The Indian Child Welfare Act, Carlie Smith
BYU Law Review
No abstract provided.
Lobbying As A Strategy For Tribal Resilience, Kirsten Matoy Carlson
Lobbying As A Strategy For Tribal Resilience, Kirsten Matoy Carlson
BYU Law Review
Indian tribes have endured as separate governments despite the taking of their land, the forced relocation of their people, and the abrogation of their treaty rights. Many threats to tribal existence have stemmed from federal policies aimed at assimilating Indians into mainstream American society. In crafting these policies, members of Congress often relied on the input of non-Indians, including the Bureau of Indian Affairs. As a result, American Indians were largely left out of the federal policy–making process. This started to change in the 1970s when Congress adopted the Tribal Self-Determination Policy, which encouraged tribal participation in the creation of …
The Reports Of Our Death Are Greatly Exaggerated - Reflections On The Resilience Of The Oneida Indian Nation Of New York, Allison M. Dussias
The Reports Of Our Death Are Greatly Exaggerated - Reflections On The Resilience Of The Oneida Indian Nation Of New York, Allison M. Dussias
BYU Law Review
No abstract provided.
Sovereign Resilience: Reviving Private-Sector Economic Institutions In Indian Country, Robert J. Miller
Sovereign Resilience: Reviving Private-Sector Economic Institutions In Indian Country, Robert J. Miller
BYU Law Review
No abstract provided.
Resilience And Native Girls: A Critique, Addie C. Rolnick
Resilience And Native Girls: A Critique, Addie C. Rolnick
BYU Law Review
No abstract provided.
Cultivating Professional Identity And Resilience Through The Study Of Federal Indian Law, Michalyn Steele
Cultivating Professional Identity And Resilience Through The Study Of Federal Indian Law, Michalyn Steele
BYU Law Review
No abstract provided.
Minding The Gap: Improving Parental Involvement To Bridge Education Gaps Between American Indian And Non-Indian Students, Cassidy Wadsworth Skousen
Minding The Gap: Improving Parental Involvement To Bridge Education Gaps Between American Indian And Non-Indian Students, Cassidy Wadsworth Skousen
Brigham Young University Education and Law Journal
No abstract provided.
Tensions Underlying The Indian Child Welfare Act: Tribal Jurisdiction Over Traditional State Court Family Law Matters, Elizabeth Maclachlan
Tensions Underlying The Indian Child Welfare Act: Tribal Jurisdiction Over Traditional State Court Family Law Matters, Elizabeth Maclachlan
BYU Law Review
State courts have historically exercised jurisdiction over family law cases. However, under the Indian Child Welfare Act (ICWA), Indian child custody and adoption cases have been taken out of state jurisdiction and placed with Indian tribal governments. State courts have pushed back against proper deference to ICWA and violate ICWA by misapplying its provisions and refusing to transfer custody and adoption cases to tribal courts. This Note analyzes the state-tribal tensions surrounding ICWA and argues that the primary reason for the lack of full state acceptance of ICWA is that, historically, states have had nearly total jurisdiction over family law …
Tribal Sovereignty And Tobacco Control In State-Tribe Cigarette Compacts, Arielle Sloan
Tribal Sovereignty And Tobacco Control In State-Tribe Cigarette Compacts, Arielle Sloan
BYU Law Review
Compacts are powerful legal tools that states and tribes can use to negotiate agreements. One of the most interesting examples of state-tribe compacts is the cigarette compact, which is useful in combating the illicit cigarette trade. This Note argues that tribal leaders and states can more effectively reach this goal by (1) recognizing tribal sovereignty in and (2) keeping tobacco control at the heart of compact discussions.
Plenary Power, Political Questions, And Sovereignty In Indian Affairs, Michalyn Steele
Plenary Power, Political Questions, And Sovereignty In Indian Affairs, Michalyn Steele
Faculty Scholarship
A generation of Indian law scholars has roundly, and rightly, criticized the Supreme Court’s invocation of the political question doctrine to deprive tribes of meaningful judicial review when Congress has acted to the detriment of tribes. Similarly, many Indian law scholars view the plenary power doctrine — that Congress has expansive, virtually unlimited authority to regulate tribes — as a tool that fosters and formalizes the legal oppression of Indian people by an unchecked Federal government. The way courts have applied these doctrines in tandem has frequently left tribes without meaningful judicial recourse against breaches of the federal trust responsibility …
Indian Education: Maintaining Tribal Sovereignty Through Native American Culture And Language Preservation, Nizhone Meza
Indian Education: Maintaining Tribal Sovereignty Through Native American Culture And Language Preservation, Nizhone Meza
Brigham Young University Education and Law Journal
No abstract provided.
Comparative Institutional Competency And Sovereignty In Indian Affairs, Michalyn Steele
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 …
The Tribes Must Regulate: Jurisdictional, Environmental, And Religious Considerations Of Hydraulic Fracturing On Tribal Lands, Szonja Ludvig
The Tribes Must Regulate: Jurisdictional, Environmental, And Religious Considerations Of Hydraulic Fracturing On Tribal Lands, Szonja Ludvig
BYU Law Review
No abstract provided.
The Violence Against Women Act, Federal Criminal Jurisdiction, And Indian Tribal Courts , Paul J. Larkin Jr., Joseph Lupino-Esposito
The Violence Against Women Act, Federal Criminal Jurisdiction, And Indian Tribal Courts , Paul J. Larkin Jr., Joseph Lupino-Esposito
Brigham Young University Journal of Public Law
No abstract provided.
There Is Nothing Light About Feathers: Finding Form In The Jurisprudence Of Native American Religious Exemptions, James R. Dalton
There Is Nothing Light About Feathers: Finding Form In The Jurisprudence Of Native American Religious Exemptions, James R. Dalton
BYU Law Review
No abstract provided.
Eagle Feathers And Equality: Lessons On Religious Exceptions From The Native American Experience, Kevin J. Worthen
Eagle Feathers And Equality: Lessons On Religious Exceptions From The Native American Experience, Kevin J. Worthen
Faculty Scholarship
The legality and propriety of exempting religiously motivated conduct from otherwise applicable legal norms is the subject of ongoing scholarly, judicial, and legislative debate. The issue is particularly thorny when it arises in a legal system deeply committed to the concept of equality. The Eagle Protection Act, which exempts Native Americans religious practitioners who are members of federally recognized tribes from its general prohibition on the taking and use of bald and golden eagle feathers, provides an interesting context in which to examine that debate. Not only does the Act exempt religiously motivated conduct from the otherwise applicable norms, it …
Tribal Immunity From California's Campaign Contribution Disclosure Requirements, Cameron A. Reese
Tribal Immunity From California's Campaign Contribution Disclosure Requirements, Cameron A. Reese
BYU Law Review
No abstract provided.
The Bureau Of Indian Affairs And The Federal Trust Obligation To American Indians, Robert Mccarthy
The Bureau Of Indian Affairs And The Federal Trust Obligation To American Indians, Robert Mccarthy
Brigham Young University Journal of Public Law
No abstract provided.
Native American Sovereignty Meets A Bend In The Road:, Melanie Reed
Native American Sovereignty Meets A Bend In The Road:, Melanie Reed
BYU Law Review
No abstract provided.
A Constitutional Examination Of The Federal Exemptions For Native American Religious Peyote Use, Christopher Parker
A Constitutional Examination Of The Federal Exemptions For Native American Religious Peyote Use, Christopher Parker
Brigham Young University Journal of Public Law
No abstract provided.
The Rise Of Urban Archipelagoes In The American West: A New Reservation Policy?, James R. Rasband
The Rise Of Urban Archipelagoes In The American West: A New Reservation Policy?, James R. Rasband
Faculty Scholarship
No abstract provided.
The Effect Of The United States Supreme Court's Decisions During The Last Quarter Of The Nineteenth Century On Tribal Criminal Jurisdiction, Christopher B. Chaney
The Effect Of The United States Supreme Court's Decisions During The Last Quarter Of The Nineteenth Century On Tribal Criminal Jurisdiction, Christopher B. Chaney
Brigham Young University Journal of Public Law
No abstract provided.
Protecting The Sacred Sites Of Indigenous People In U.S. Courts: Reconciling Native American Religion And The Right To Exclude, Kevin J. Worthen
Protecting The Sacred Sites Of Indigenous People In U.S. Courts: Reconciling Native American Religion And The Right To Exclude, Kevin J. Worthen
Faculty Scholarship
The key to understanding current U. S. caselaw concerning the protection of Native American sacred sites is arguably found in the dissenting opinion of an eighteen-year old case involving not religious freedom, not sacred sites, and not cultural heritage - but the right of Indian tribes to impose severance taxes on non-tribal members who extract oil and gas from tribal lands. In Merrion v. Jicarilla Apache Tribe, Justice Stevens refused to join the majority’s conclusion that the inherent sovereignty of the Jicarilla Apache Tribe included the power to impose such a tax. In his view, a tribe’s authority to regulate …
Factors Contributing To Juvenile Violence In Indian Communities, Larry Echohawk
Factors Contributing To Juvenile Violence In Indian Communities, Larry Echohawk
Brigham Young University Journal of Public Law
No abstract provided.
Who Will Control The Future Of Indian Gaming? "A Few Pages Of History Are Worth A Volume Of Logic", Kevin J. Worthen, Wayne R. Farnsworth
Who Will Control The Future Of Indian Gaming? "A Few Pages Of History Are Worth A Volume Of Logic", Kevin J. Worthen, Wayne R. Farnsworth
BYU Law Review
This Article attempts to place the current controversy concerning reservation gaming into perspective by viewing it not solely as a 1990s battle over casinos in IndianCountry, but as the latest round in a much longer and larger struggle among the federal, state and tribal governments over the States' role in governing Native American groups within state borders. The Article argues that federal-state relations on non-Indian issues often shape federal Indian policy more than a thoughtful consideration of the proper balance between state economic and tribal autonomy issues. What may begin as a dispute about tribal-state relations on a particular matter, …
Home Dance, The Hopi, And Black Mesa Coal: Conquest And Endurance In The American Southwest, Charles F. Wilkinson
Home Dance, The Hopi, And Black Mesa Coal: Conquest And Endurance In The American Southwest, Charles F. Wilkinson
BYU Law Review
No abstract provided.
Bureau Of Indian Affairs Hiring Preferences After Adarand Constructors, Inc. U. Pena, Wayne R. Farnsworth
Bureau Of Indian Affairs Hiring Preferences After Adarand Constructors, Inc. U. Pena, Wayne R. Farnsworth
BYU Law Review
No abstract provided.