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Articles 1 - 24 of 24
Full-Text Articles in Law
Reservation Geography And The Restoration Of Native Self-Government, Robert White-Harvey
Reservation Geography And The Restoration Of Native Self-Government, Robert White-Harvey
Dalhousie Law Journal
Recognition of the spatial aspects of Indian settlement on reserves is vital to understanding the potential for Native self-government. In particular, the number and size of reserves, as well as the remoteness, accessibility and dispersal of Native land holdings must be considered. They can impact on the viability and cost of Native courts and institutions, the solidarity of bands, and the economic livelihood of reserve residents. As Native self-government is fleshed out in constitutional reform talks and experiments in limited self-government, it is not widely known that all of the reserves in every province of Canada combined would not cover …
Provincial Fiduciary Obligations To First Nations: The Nexus Between Governmental Power And Responsibility, Leonard I. Rotman
Provincial Fiduciary Obligations To First Nations: The Nexus Between Governmental Power And Responsibility, Leonard I. Rotman
Osgoode Hall Law Journal
The Canadian Crown's fiduciary duty to First Nations is entrenched in Canadian Aboriginal rights jurisprudence. More than ten years after the Supreme Court of Canada's decision in Guerin, however, yet to be ascertained are the various emanations of the Crown bound by that duty. This paper argues that both federal and provincial Crowns are properly bound by fiduciary obligations to First Nations. It also suggests that the basis of this assertion may be found in existing jurisprudence, the Canadian Constitution, the spirit and intent of Indian treaties, and in Aboriginal understandings of "the Crown."
A Note About In The Rapids, Wendy Whitecloud
A Note About In The Rapids, Wendy Whitecloud
Dalhousie Law Journal
In The Rapids presents the views of the authors regarding First Nations people in Canada and the issues confronting them as individuals, within their nations, and within their communities. Mary Ellen Turpel and Ovide Mercredi are both First Nations Individuals. They share their own points of view and provide information with respect to these issues in their book. Throughout the book the authors share information by canvassing issues like the significance of Treaties to First Nations people; the provisions of the Indian Act and its effects on First Nations people; disputes over lands and resources; the social consequences of the …
Essay: Power And Presumptions; Rules And Rhetoric; Institutions And Indian Law, Deborah A. Geier
Essay: Power And Presumptions; Rules And Rhetoric; Institutions And Indian Law, Deborah A. Geier
BYU Law Review
No abstract provided.
Bones Of Contention: The Regulation Of Paleontological Resources On The Federal Public Lands, David J. Lazerwitz
Bones Of Contention: The Regulation Of Paleontological Resources On The Federal Public Lands, David J. Lazerwitz
Indiana Law Journal
No abstract provided.
The Indian Child Welfare Act Of 1978: Protecting Tribal Interests In A Land Of Individual Rights, Jill E. Adams
The Indian Child Welfare Act Of 1978: Protecting Tribal Interests In A Land Of Individual Rights, Jill E. Adams
American Indian Law Review
No abstract provided.
More Effective Protection For Native American Cultural Property Through Regulation Of Export, Antonia M. De Meo
More Effective Protection For Native American Cultural Property Through Regulation Of Export, Antonia M. De Meo
American Indian Law Review
No abstract provided.
Johnson V. M'Intosh Revisited: Through The Eyes Of Mitchel V. United States, David E. Wilkins
Johnson V. M'Intosh Revisited: Through The Eyes Of Mitchel V. United States, David E. Wilkins
American Indian Law Review
No abstract provided.
Tribal Solutions To On-Reservation Environmental Offenses: Jurisdictional Parameters, Cultural Considerations, And Recommendations, Jennifer Smith Haner
Tribal Solutions To On-Reservation Environmental Offenses: Jurisdictional Parameters, Cultural Considerations, And Recommendations, Jennifer Smith Haner
American Indian Law Review
No abstract provided.
A Reflective Look At The Year For The World's Indigenous People, Chad Smith
A Reflective Look At The Year For The World's Indigenous People, Chad Smith
American Indian Law Review
No abstract provided.
Indian Reserved Water Rights Doctrine And The Groundwater Question, Eric F. Spade
Indian Reserved Water Rights Doctrine And The Groundwater Question, Eric F. Spade
American Indian Law Review
No abstract provided.
Implicit Divestiture Of Tribal Powers: Locating Legitimate Sources Of Authority In Indian Country, N. Bruce Duthu
Implicit Divestiture Of Tribal Powers: Locating Legitimate Sources Of Authority In Indian Country, N. Bruce Duthu
American Indian Law Review
No abstract provided.
A Return To Uncertainty In Indian Affairs: The Framers, The Supreme Court, And The Indian Commerce Clause, Timothy Joseph Preso
A Return To Uncertainty In Indian Affairs: The Framers, The Supreme Court, And The Indian Commerce Clause, Timothy Joseph Preso
American Indian Law Review
No abstract provided.
Alabama & Coushatta Tribes V. Big Sandy School District: The Right Of Native American Public School Students To Wear Long Hair, Timothy S. Zahniser
Alabama & Coushatta Tribes V. Big Sandy School District: The Right Of Native American Public School Students To Wear Long Hair, Timothy S. Zahniser
American Indian Law Review
No abstract provided.
Winner, Best Appellate Brief In The 1994 Native American Law Student Association Moot Court Competition, Andrew J. Bobzien, John H. Martin
Winner, Best Appellate Brief In The 1994 Native American Law Student Association Moot Court Competition, Andrew J. Bobzien, John H. Martin
American Indian Law Review
No abstract provided.
When History Outweighs Law: Extinguishment Of Abenaki Aboriginal Title, John P. Lowndes
When History Outweighs Law: Extinguishment Of Abenaki Aboriginal Title, John P. Lowndes
Buffalo Law Review
No abstract provided.
The Catawbas' Final Battle: A Bittersweet Victory, Lynn Loftis
The Catawbas' Final Battle: A Bittersweet Victory, Lynn Loftis
American Indian Law Review
No abstract provided.
American Indian Sacred Sites On Federal Public Lands: Resolving Conflicts Between Religious Use And Multiple Use At El Malpais National Monument, Ann M. Hooker
American Indian Law Review
No abstract provided.
Monitored Retrievable Storage Of Spent Nuclear Fuel In Indian Country: Liability, Sovereignty, And Socioeconomics, Jon D. Erickson, Duane Chapman, Ronald E. Johnny
Monitored Retrievable Storage Of Spent Nuclear Fuel In Indian Country: Liability, Sovereignty, And Socioeconomics, Jon D. Erickson, Duane Chapman, Ronald E. Johnny
American Indian Law Review
No abstract provided.
Twentieth Century Cherokee Property Claims: A Study Based On The Case Files Of Earl Boyd Pierce, Richard S. Crump
Twentieth Century Cherokee Property Claims: A Study Based On The Case Files Of Earl Boyd Pierce, Richard S. Crump
American Indian Law Review
No abstract provided.
Chiapas Delegation Concludes Historical Repression Of Indigenous People Must Be Addressed, Sharon Healey
Chiapas Delegation Concludes Historical Repression Of Indigenous People Must Be Addressed, Sharon Healey
Human Rights Brief
No abstract provided.
Constructive Race: The Interaction Of Personal, Social, And Legal Identity In An American Indian Experience With Title Vii: Perkins V. Lake County Department Of Utilities, Johanna G. Flacks-Jatta
Constructive Race: The Interaction Of Personal, Social, And Legal Identity In An American Indian Experience With Title Vii: Perkins V. Lake County Department Of Utilities, Johanna G. Flacks-Jatta
American Indian Law Review
No abstract provided.