Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Year
- Publication
-
- American Indian Law Review (14)
- Articles (2)
- Michigan Law Review (2)
- Publications (2)
- American Indian Law Journal (1)
-
- Faculty Scholarship (1)
- Indiana Law Journal (1)
- Michigan Journal of Race and Law (1)
- Natural Resource Development in Indian Country (Summer Conference, June 8-10) (1)
- Public Land & Resources Law Review (1)
- Touro Law Review (1)
- University of Colorado Law Review (1)
- University of Richmond Law Review (1)
- Publication Type
Articles 1 - 29 of 29
Full-Text Articles in Law
Preview—United States V. Cooley: What Will Happen To The Thinnest Blue Line?, Jo J. Phippin
Preview—United States V. Cooley: What Will Happen To The Thinnest Blue Line?, Jo J. Phippin
Public Land & Resources Law Review
The Supreme Court of the United States ("Supreme Court") will hear oral arguments in this matter on Tuesday, March 23, 2021. This case presents the narrow issue of whether a tribal police officer has the authority to investigate and detain a non-Indian on a public right-of-way within a reservation for a suspected violation of state or federal law. The lower courts, holding that tribes have no such authority, granted James Cooley’s motion to suppress evidence. The Supreme Court must decide whether the lower courts erred in so deciding. While the issue before the Supreme Court is itself narrow, it has …
The Tribal Franchise: An Expression Of Tribal Sovereignty And A Potential Solution To The Problem Of Mass Disenrollment, Brent Mulvaney
The Tribal Franchise: An Expression Of Tribal Sovereignty And A Potential Solution To The Problem Of Mass Disenrollment, Brent Mulvaney
American Indian Law Journal
No abstract provided.
Wheeler For Two, Do You Have A Reservation? The Supreme Court's Inconsistent Treatment Of Tribal Sovereignty, Fred Kantrow
Wheeler For Two, Do You Have A Reservation? The Supreme Court's Inconsistent Treatment Of Tribal Sovereignty, Fred Kantrow
Touro Law Review
No abstract provided.
Federal Indian Law And Tribal Criminal Justice In The Self-Determination Era, Samuel E. Ennis, Caroline P. Mayhew
Federal Indian Law And Tribal Criminal Justice In The Self-Determination Era, Samuel E. Ennis, Caroline P. Mayhew
American Indian Law Review
No abstract provided.
Indian Courts And Fundamental Fairness: Indian Courts And The Future Revisited, Matthew L.M. Fletcher
Indian Courts And Fundamental Fairness: Indian Courts And The Future Revisited, Matthew L.M. Fletcher
University of Colorado Law Review
This article comes out of the University of Colorado Law Review's symposium issue honoring the late Dean David H. Getches. It begins with Dean Getches's framework for analyzing Indian courts. I revisit Indian Courts and the Future, the 1978 report drafted by Dean Getches, and the historic context of the report. I compare the 1978 findings to the current state of Indian courts in America. This article focuses on the reality that the ability of Indian courts to successfully guarantee fundamental fairness in the form of due process and equal protection of the law for individuals under tribal government authority …
The Plight Of "Nappy-Headed" Indians: The Role Of Tribal Sovereignty In The Systematic Discrimination Against Black Freedmen By The Federal Government And Native American Tribes, Terrion L. Williamson
The Plight Of "Nappy-Headed" Indians: The Role Of Tribal Sovereignty In The Systematic Discrimination Against Black Freedmen By The Federal Government And Native American Tribes, Terrion L. Williamson
Michigan Journal of Race and Law
This Note concerns the role the government has played in the exclusion of Black Freedmen from Native American nations through its implementation and interpretation of the doctrine of tribal sovereign immunity ("tribal sovereignty" or "tribal immunity"). Part I discusses the background of the Freedmen within the Five Civilized Tribes and provides an overview of the doctrine of tribal sovereign immunity, including its role in the controversy concerning the status of Black Indians. Part II discusses the interpretations given to the doctrine of tribal sovereign immunity by United States courts and executive agencies and the effects of those interpretations on relations …
Petitioner's Brief, Richard B. Collins
The Impossibility Of Citizenship, Peter J. Spiro
The Impossibility Of Citizenship, Peter J. Spiro
Michigan Law Review
These are interesting times at the constitutional margins. Questions about where the Constitution takes up and leaves off are more frequently in play; one can no longer so readily assume the Constitution to supply an authoritative metric as we confront prominent cases of nonapplication. At the same time, the increasing robustness of international norms has prompted a vigorous reconsideration of their relationship to domestic ones. Where the twentieth century was marked by deep segmentation among national legal regimes, with minimal transboundary interpenetration, recent years have seen the advent of complex, overlapping regimes: subnational, national, regional, and global, public, and private. …
Rolling The Dice On The Cyber-Reservation: The Confluence Of Internet Gaming And Federal Indian Law, David B. Jordan
Rolling The Dice On The Cyber-Reservation: The Confluence Of Internet Gaming And Federal Indian Law, David B. Jordan
American Indian Law Review
No abstract provided.
Putting Martinez To The Test: Tribal Court Disposition Of Due Process, Christian M. Freitag
Putting Martinez To The Test: Tribal Court Disposition Of Due Process, Christian M. Freitag
Indiana Law Journal
No abstract provided.
The Dominant Society's Judicial Reluctance To Allow Tribal Civil Law To Apply To Non-Indians: Reservation Diminishment, Modern Demography And The Indian Civil Rights Act, Robert Laurence
University of Richmond Law Review
Begin at the beginning: there was a time, not so long ago as such things are reckoned-say, about half as long as there has been a country called Hungary-during which only American Indians lived in and around what is now the Commonwealth of Virginia. A time when Europeans, Africans and Asians were entirely occupied with managing the affairs of Europe, Africa and Asia, to mixed effect. A time when the subject of this article was entirely theoretical; when the question of applying tribal law to non-Indians was answered neither "yes" or "no" but simply did not arise, putting aside the …
Finality In Indian Tribunal Decisions: Respecting Our Brothers' Vision, Michael M. Pacheco
Finality In Indian Tribunal Decisions: Respecting Our Brothers' Vision, Michael M. Pacheco
American Indian Law Review
No abstract provided.
Shedding New Light On An Old Debate: A Federal Indian Law Perspective On Congressional Authority To Limit Federal Question Jurisdiction, Kevin J. Worthen
Shedding New Light On An Old Debate: A Federal Indian Law Perspective On Congressional Authority To Limit Federal Question Jurisdiction, Kevin J. Worthen
Faculty Scholarship
Examining the ongoing debate concerning congressional power to eliminate federal court jurisdiction over cases arising under federal law from thefederal Indian law viewpoint allows consideration of the issues in a concrete setting. Experience under the Indian Civil Rights Act during the last twenty years indicates that some federal review of actions arising under federal law is needed if the command of the supremacy clause is to be fully effectuated. At the same time, it indicates that a uniform interpretation of that federal law is not essential to the enforcement of the clause. This examination thus provides support for the distributive …
Address Of Deputy General Counsel Brian D. Miller, U.S. Commission On Civil Rights, Before The Federal Bar Association's 13th Annual Indian Law Conference, Brian D. Miller
American Indian Law Review
No abstract provided.
Civil Liberties Guarantees Under Tribal Law: A Survey Of Civil Rights Provisions In Tribal Constitutions, Elmer R. Rusco
Civil Liberties Guarantees Under Tribal Law: A Survey Of Civil Rights Provisions In Tribal Constitutions, Elmer R. Rusco
American Indian Law Review
No abstract provided.
The Governmental Context For Development In Indian Country: Modern Tribal Institutions And The Bureau Of Indian Affairs, Susan M. Williams
The Governmental Context For Development In Indian Country: Modern Tribal Institutions And The Bureau Of Indian Affairs, Susan M. Williams
Natural Resource Development in Indian Country (Summer Conference, June 8-10)
26 pages.
Civil Liberties Guarantees When Indian Tribes Act As Majority Societies: The Case Of The Winnebago Retrocession, Charles F. Wilkinson
Civil Liberties Guarantees When Indian Tribes Act As Majority Societies: The Case Of The Winnebago Retrocession, Charles F. Wilkinson
Publications
No abstract provided.
Sovereign Immunity In Indian Tribal Law, Ralph W. Johnson, James M. Madden
Sovereign Immunity In Indian Tribal Law, Ralph W. Johnson, James M. Madden
American Indian Law Review
No abstract provided.
Dial V. Navajo-Hopi Relocation Commission: Relocation Benefits
Dial V. Navajo-Hopi Relocation Commission: Relocation Benefits
American Indian Law Review
No abstract provided.
Tribal Sovereignty: Santa Clara Pueblo V. Martinez: Tribal Sovereignty 146 Years Later, C. L. Stetson
Tribal Sovereignty: Santa Clara Pueblo V. Martinez: Tribal Sovereignty 146 Years Later, C. L. Stetson
American Indian Law Review
No abstract provided.
Constitutional Law: Equal Protection: Martinez V. Santa Clara Pueblo--Sexual Equality Under The Indian Civil Rights Act, Andra Pearldaughter
Constitutional Law: Equal Protection: Martinez V. Santa Clara Pueblo--Sexual Equality Under The Indian Civil Rights Act, Andra Pearldaughter
American Indian Law Review
No abstract provided.
Constitutional Law: Santa Clara Pueblo V. Martinez: Tribal Membership And The Indian Civil Rights Act, Vieno Lindstrom
Constitutional Law: Santa Clara Pueblo V. Martinez: Tribal Membership And The Indian Civil Rights Act, Vieno Lindstrom
American Indian Law Review
No abstract provided.
Implication Of Civil Remedies Under The Indian Civil Rights Act, Michigan Law Review
Implication Of Civil Remedies Under The Indian Civil Rights Act, Michigan Law Review
Michigan Law Review
This Note will discuss neither -the wisdom of the express provisions of ICRA nor the desirability of express creation by Congress of a federal civil remedy. The purpose of this Note is, instead, to analyze the bases upon which remedies have been implied by federal courts and to question whether implication is consistent with standards of statutory interpretation appropriate for Indian law. It is contended that the implication of federal civil remedies against Indian governments is improper and that if such remedies are to be created, precedent and policy mandate that they be the product of Congress. The Note will …
Civil Rights; Challenging Tribal Membership Ordinance; Constitutional Law: Indigent Indians' Right To Counsel In Tribal Court; Constitutional Law: Tribal Judge Serving As Tribal Prosecutor As Violation Of Indian Civil Rights Act; Indian Lands: Termination Of Aboriginal Land Rights; Jurisdiction: Exhaustion Of Tribal Remedies Required; Jurisdiction: State Jurisdiction Where "Reservation" Lands Not Owned By Indians; Land Rights: Determination Of Property Rights In Mineral Interests Under Allotted Lands
American Indian Law Review
No abstract provided.
Administrative Law: Due Process Requirements Of Notice And Hearing Apply To Native Claims Under Administrative Procedure Act; Civil Rights: Challenging Tribal Membership Ordinance; Criminal Law: Nor Prejudice To Indian Defendant Sentenced Under State Due To Additional Or Alternative Fina Authorized By Federal Statute; Due Process: Tribal Elections And The Indian Civil Rights Act; Environment: Standing Of Non-Indians To Challenge Validity Of Coal Leases On Indian Land; Evidence: Indian Concept Of "Toka" As Concerning Issues Of Provocation And Justification; Indian Civil Rights Act: Residency Requirements For Tribal Political Office Upheld; Indian Lands: Quiet Title Action By Indian Allottees Against Railroad Holding Easement In The Nature Of A Limited Fee; Jurisdiction: Adoption Where All Parties Are Residents Of An Indian Reservation; Jurisdiction: New Mexico State Constitution As Affecting Adjudication Of Indian Water Rights; Taxation: State Right Of Taxation On Reservations When Commerce Effectuated Between Indians And Non-Indians
American Indian Law Review
No abstract provided.
Jurisdiction: Federal Court, Federal Question; Taxation: State; Tribal Courts: Judicial Immunity; Indian Civil Rights Act: Federal Jurisdiction; Rights Of Way: Railroads; Jurisdiction, Federal Courts: Exhaustion Of Tribal Remedies; Equal Protection: Illegitimates; Civil Procedure: Full Faith And Credit
American Indian Law Review
No abstract provided.
An Historical Analysis Of The 1968 Indian Civil Rights Act, Donald L. Burnett Jr.
An Historical Analysis Of The 1968 Indian Civil Rights Act, Donald L. Burnett Jr.
Articles
No abstract provided.
An Historical Analysis Of The 1968 Indian Civil Rights Act, Donald L. Burnett Jr.
An Historical Analysis Of The 1968 Indian Civil Rights Act, Donald L. Burnett Jr.
Articles
No abstract provided.