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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 Oct 1994

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 Oct 1994

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 Oct 1994

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 Sep 1994

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 Apr 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

Tribal Solutions To On-Reservation Environmental Offenses: Jurisdictional Parameters, Cultural Considerations, And Recommendations, Jennifer Smith Haner

American Indian Law Review

No abstract provided.


Federal Recent Developments Jan 1994

Federal Recent Developments

American Indian Law Review

No abstract provided.


A Reflective Look At The Year For The World's Indigenous People, Chad Smith Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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.


Federal Recent Developments Jan 1994

Federal Recent Developments

American Indian Law Review

No abstract provided.


When History Outweighs Law: Extinguishment Of Abenaki Aboriginal Title, John P. Lowndes Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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.