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Indigenous, Indian, and Aboriginal Law
University of Nevada, Las Vegas -- William S. Boyd School of Law
- Keyword
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- Juvenile justice (4)
- IGRA (3)
- Indian law (3)
- Sovereignty (3)
- Tribal jurisdiction (3)
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- American Indians (2)
- Gaming law (2)
- Indian Gaming Regulatory Act (2)
- Indian Law (2)
- Native American law (2)
- Native Americans (2)
- Tribal (2)
- Tribal sovereignty (2)
- Adoption (1)
- American Indian law (1)
- Ancestry (1)
- Bankruptcy (1)
- Brazil (1)
- Brazilian Constitution (1)
- Cabazon (1)
- Carcieri (1)
- Civil Rights (1)
- Coer D'Alene (1)
- Constitution (1)
- Creditor (1)
- Criminal jurisdiction (1)
- Criminal justice (1)
- Criminal law (1)
- DTRA (1)
- Divine Strake (1)
- Publication Year
- Publication
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Articles 1 - 29 of 29
Full-Text Articles in Law
Indigenous Subjects, Addie C. Rolnick
Sovereignty Threat: Loreal Tsingine, Policing, And The Intersectionality Of Indigenous Death, Theresa Rocha Beardall
Sovereignty Threat: Loreal Tsingine, Policing, And The Intersectionality Of Indigenous Death, Theresa Rocha Beardall
Nevada Law Journal
No abstract provided.
Assimilation, Removal, Discipline, And Confinement: Native Girls And Government Intervention, Addie C. Rolnick
Assimilation, Removal, Discipline, And Confinement: Native Girls And Government Intervention, Addie C. Rolnick
Scholarly Works
A full understanding of the roots of child separation must begin with Native children. This Article demonstrates how modern child welfare, delinquency, and education systems are rooted in the social control of indigenous children. It examines the experiences of Native girls in federal and state systems from the late 1800s to the mid-1900s to show that, despite their ostensibly benevolent and separate purposes, these institutions were indistinguishable and interchangeable. They were simply differently styled mechanisms of forced assimilation, removal, discipline, and confinement. As the repeating nature of government intervention into the lives of Native children makes clear, renaming a system …
A Framework For Tribal Public Health Law, Aila Hoss
A Framework For Tribal Public Health Law, Aila Hoss
Nevada Law Journal
No abstract provided.
Sports Betting And Indian Gaming: Should Tribal Casinos Get In The Game?, Kathryn R.L. Rand, Steven Andrew Light
Sports Betting And Indian Gaming: Should Tribal Casinos Get In The Game?, Kathryn R.L. Rand, Steven Andrew Light
UNLV Gaming Law Journal
No abstract provided.
The Professional And Amateur Sports Protection Act: How Its Invalidation Will Impact Indian Gaming's Legal And Regulatory Framework, Francisco Olea
The Professional And Amateur Sports Protection Act: How Its Invalidation Will Impact Indian Gaming's Legal And Regulatory Framework, Francisco Olea
UNLV Gaming Law Journal
No abstract provided.
The Dark Side Of Tribal Sovereign Immunity: The Gap Between Law And Remedy, Alma Orozco
The Dark Side Of Tribal Sovereign Immunity: The Gap Between Law And Remedy, Alma Orozco
Nevada Law Journal
No abstract provided.
The Negative Effects Of Confusion Over Collateral Agreements Under The Indian Gaming Regulatory Act: Which Agreements Need Review?, Matthew D. Craig
The Negative Effects Of Confusion Over Collateral Agreements Under The Indian Gaming Regulatory Act: Which Agreements Need Review?, Matthew D. Craig
UNLV Gaming Law Journal
No abstract provided.
Resilience And Native Girls: A Critique, Addie C. Rolnick
Resilience And Native Girls: A Critique, Addie C. Rolnick
Scholarly Works
The term resilience is often used with reference to Indigenous women and Indigenous youth. Native girls are included in each of these categories but are rarely the main focus of a campaign. Their triple vulnerability (gender, indigeneity, and age), however, means that the focus on resilience is often greatest when applied to them. This Article centers them. It traces the development of resilience in the (non-Native) ecological and psychological literature. Although resilience is used across many different disciplines, it is especially prominent in ecological literature about resilient institutions, such as communities and cities, and in psychological literature about resilient individuals. …
Racial Anxieties In Adoption: Reflections On Adoptive Couple, White Parenthood, And Constitutional Challenges To The Icwa, Addie C. Rolnick
Racial Anxieties In Adoption: Reflections On Adoptive Couple, White Parenthood, And Constitutional Challenges To The Icwa, Addie C. Rolnick
Scholarly Works
The Indian Child Welfare Act (ICWA) is under fire from people who argue that it interferes with adoptions and violates the constitution by doing so. The current crop of lawsuits is an outgrowth of a 2012 case in which the Supreme Court heard its second-ever challenge to the law. While the Court sidestepped the most far-reaching anti-ICWA arguments, the majority opinion evidenced a deep skepticism about the law. This skepticism led the Court to narrow the law’s application so that it didn’t apply to the family involved, and it seemed to invite further challenges to the law.
Native Youth & Juvenile Injustice In South Dakota, Addie C. Rolnick
Native Youth & Juvenile Injustice In South Dakota, Addie C. Rolnick
Scholarly Works
In this essay, Professor Rolnick uses the three themes of racism, jurisdiction, and tribal sovereignty to provide a snapshot of the juvenile justice system in South Dakota as it impacts Native youth. First, she describes the tribal juvenile justice systems in the state. She argues tribal systems should rightfully play a central role handling Native youth offenders, but they are underfunded and may not therefore be sufficiently responsive to young offenders' needs. Second, she examines the impact of federal power over youth on reservations in South Dakota. Specifically, federal juvenile jurisdiction, as well as federal financial and administrative power, can …
Untangling The Web: Juvenile Justice In Indian Country, Addie C. Rolnick
Untangling The Web: Juvenile Justice In Indian Country, Addie C. Rolnick
Scholarly Works
The juvenile justice system in Indian country is broken. Native youth are vulnerable and traumatized. They become involved in the system at high rates, and they are more likely than other youth to be incarcerated and less likely to receive necessary health, mental-health, and education services. Congressional leaders and the Obama administration have made the needs of Indian country, especially improvement of tribal justice systems, an area of focus in recent years. The release of two major reports—one from a task force convened by the Attorney General to study violence and trauma among Native youth and the other from a …
Locked Up: Fear, Racism, Prison Economics, And The Incarceration Of Native Youth, Addie C. Rolnick
Locked Up: Fear, Racism, Prison Economics, And The Incarceration Of Native Youth, Addie C. Rolnick
Scholarly Works
Native youth are disproportionately incarcerated, often for relatively minor offenses. One potential solution is to move more Native youth out of federal and state courts and invest in tribal juvenile justice systems. Tribal systems are assumed to be less punitive than nontribal ones, so greater tribal control should mean less incarceration. Little is known, however, about the role of incarceration in tribally run systems. This article examines available information on Native youth in tribal juvenile justice systems from 1998 to 2013. At least sixteen new secure juvenile facilities were built to house youth under tribal court jurisdiction, with federal investment …
Recentering Tribal Criminal Jurisdiction, Addie C. Rolnick
Recentering Tribal Criminal Jurisdiction, Addie C. Rolnick
Scholarly Works
The boundaries of modern tribal criminal jurisdiction are defined by a handful of clear rules—such as a limit on sentence length and a categorical prohibition against prosecuting most non-Indians—and many grey areas in which neither Congress nor the Supreme Court has specifically addressed a particular question. This Article discusses five of the grey areas: whether tribes retain concurrent jurisdiction to prosecute major crimes, whether tribes affected by Public Law 280 retain concurrent jurisdiction to prosecute a full range of crimes, whether tribes may prosecute Indians who are not citizens of any tribe, whether tribes may prosecute their own citizens for …
Oversight Hearing On Juvenile Justice In Indian Country: Challenges And Promising Strategies, Addie C. Rolnick
Oversight Hearing On Juvenile Justice In Indian Country: Challenges And Promising Strategies, Addie C. Rolnick
Congressional Testimony
In her testimony before the United States Senate Committee on Indian Affairs, Prof. Rolnick describes her research and recommendations concerning how to improve juvenile justice for American Indian and Alaska Native youth.
Fencing The Buffalo: Off-Reservation Gaming And Possible Amendments To Section 20 Of The Indian Gaming Regulatory Act, Tess Johnson
Fencing The Buffalo: Off-Reservation Gaming And Possible Amendments To Section 20 Of The Indian Gaming Regulatory Act, Tess Johnson
UNLV Gaming Law Journal
No abstract provided.
Not Out Of The (Fox)Woods Yet: Indian Gaming And The Bankruptcy Code, Emir Aly Crowne, Andrew Black, S. Alex Constantin
Not Out Of The (Fox)Woods Yet: Indian Gaming And The Bankruptcy Code, Emir Aly Crowne, Andrew Black, S. Alex Constantin
UNLV Gaming Law Journal
The recent economic downturn has caused Foxwoods Resort Casino, one of the largest casinos in the world, to seek a restructuring of nearly $1.5 billion in debt. Ordinarily, bankruptcy proceedings are triggered when a typical commercial enterprise defaults on its debt. Under these proceedings, creditors step in and collect monies owed to them before any residual equity is dispersed amongst owners. The rub here is that Foxwoods is owned and operated by the Mashantucket Western Pequot Tribal Nation, a sovereign nation under U.S. federal law. This triggers questions of paramountcy; namely, whether tribunal sovereignty can trump federal bankruptcy law.
These …
The Promise Of Mancari: Indian Political Rights As Racial Remedy, Addie C. Rolnick
The Promise Of Mancari: Indian Political Rights As Racial Remedy, Addie C. Rolnick
Scholarly Works
In 1974, the Supreme Court declared that an Indian employment preference was based on a "political rather than racial" classification. The Court's framing of Indianness as a political matter and its positioning of "political" and "racial" as opposing concepts has defined the trajectory of federal Indian law and influenced common sense ideas about what it means to be Indian ever since. This oppositional framing has had specific practical consequences, including obscuring the continuing significance of racialization for Indians and concealing the mutually constitutive relationship between Indian racialization and Indian political status. This Article explores the legal roots of the political …
A Post-Carcieri Vocabulary Exercise: What If "Now" Really Means "Then"?, Heidi M. Staudenmaier, Ruth K. Khalsa
A Post-Carcieri Vocabulary Exercise: What If "Now" Really Means "Then"?, Heidi M. Staudenmaier, Ruth K. Khalsa
UNLV Gaming Law Journal
When the Indian Reorganization Act1 (“IRA”) was passed in 1934, it officially defined an “Indian” as a member of a recognized tribe “now under federal jurisdiction.” For nearly three-quarters of a century, this definition of an Indian and an Indian tribe — hallmarked by the four-word phrase “now under federal jurisdiction” — guided federal policy and agency action on a host of matters, including management of federal lands, land-into-trust acquisitions made on behalf of tribes, and — after 1988 — application of the Indian Gaming Regulatory Act (“IGRA”).
In February 2009, however, the United States Supreme Court upended seventy-five years …
The Existential Subject Of Rights And Private Law: The Example Of The Indian Issue In Brazil, Jose Carlos Moreira Da Silva Filho
The Existential Subject Of Rights And Private Law: The Example Of The Indian Issue In Brazil, Jose Carlos Moreira Da Silva Filho
Nevada Law Journal
The issue of the juridical subject has been a topic of discussion as part of the rethinking of the classical jurisprudential concepts in Brazil. In particular, some authors have written about the “repersonalization of private law.” This has opened a promising path of inquiry regarding the legal subject for at least four major reasons. First, continental private law is the classical field to discuss the subject of rights. Second, the focus of private law remains the concept of the person, opening an important space to recover the moral philosophy in law. Third, the repersonalization of private law demonstrates the necessity …
How A Nineteenth Century Indian Treaty Stopped A Twenty-First Century Megabomb, Barbara Mcdonald
How A Nineteenth Century Indian Treaty Stopped A Twenty-First Century Megabomb, Barbara Mcdonald
Nevada Law Journal
No abstract provided.
A Tangled Web Of Justice: American Indian And Alaska Native Youth In Federal, State, And Tribal Justice Systems, Addie C. Rolnick, Neelum Arya
A Tangled Web Of Justice: American Indian And Alaska Native Youth In Federal, State, And Tribal Justice Systems, Addie C. Rolnick, Neelum Arya
Scholarly Works
This policy brief is intended to serve as a resource for tribes, juvenile justice professionals, and other stakeholders interested in improving outcomes for Native youth by presenting the current state of knowledge on Native youth and their involvement in justice systems across the country.
Treating Tribes Differently: Civil Jurisdiction Inside And Outside Indian Country, Max Minzner
Treating Tribes Differently: Civil Jurisdiction Inside And Outside Indian Country, Max Minzner
Nevada Law Journal
No abstract provided.
"Perfect Good Faith", Erin Ruble, Gerald Torres
"Perfect Good Faith", Erin Ruble, Gerald Torres
Nevada Law Journal
No abstract provided.
Citizenship And Suffrage: The Native American Struggle For Civil Rights In The American West, 1830-1965, Willard Hughes Rollings
Citizenship And Suffrage: The Native American Struggle For Civil Rights In The American West, 1830-1965, Willard Hughes Rollings
Nevada Law Journal
No abstract provided.
Double Jeopardy And Nonmember Indians In Indian Country, Terrill Pollman
Double Jeopardy And Nonmember Indians In Indian Country, Terrill Pollman
Scholarly Works
The ambivalence of the federal government to the sovereignty of native tribes is ordinarily a quiet fact of life in this country. Now, the federal circuits have disturbed that quiet by rendering opposing rulings on the question whether the Double Jeopardy Clause bars successive tribal/federal prosecution of nonmember Indians in Indian Country. The Ninth Circuit has held the Double Jeopardy Clause does not present a bar to successive tribal/federal prosecutions. In contrast, the Eighth Circuit has held that the Double Jeopardy Clause prohibits subsequent prosecution because the source of the tribe's jurisdiction, if it has jurisdictional power, is the same …
Federal Law, State Policy, And Indian Gaming, Kevin K. Washburn
Federal Law, State Policy, And Indian Gaming, Kevin K. Washburn
Nevada Law Journal
No abstract provided.
Reconciling The Paradox Of Tribal Sovereignty: Three Frameworks For Developing Indian Gaming Law And Policy, Steven Andrew Light, Kathryn R.L. Rand
Reconciling The Paradox Of Tribal Sovereignty: Three Frameworks For Developing Indian Gaming Law And Policy, Steven Andrew Light, Kathryn R.L. Rand
Nevada Law Journal
No abstract provided.
Off-Reservation Native American Gaming: An Examination Of The Legal And Political Hurdles, Heidi Mcneil Staudenmaier
Off-Reservation Native American Gaming: An Examination Of The Legal And Political Hurdles, Heidi Mcneil Staudenmaier
Nevada Law Journal
No abstract provided.