Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Canadian courts (1)
- Constitutional reconciliation (1)
- Federal evidentiary rules (1)
- Federally recognized tribe (1)
- Hearsay doctrine (1)
-
- Indian Reorganization Act (1)
- Indigenous land claims (1)
- Indigenous natural resources (1)
- Indigenous oral history (1)
- Indigenous peoples (1)
- Land claims (1)
- Land title claims (1)
- Legislative claims settlements (1)
- Molokini (1)
- Molokinian Homestead Act (1)
- Native Molokinians (1)
- Natural resource rights (1)
- Natural resources (1)
- Pacific Islands (1)
- Property ownership (1)
- United States courts (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Winner, Best Appellate Brief In The 2012 Native American Law Student Association Moot Court Competition, Jocelyn Jenks, Jacquelyn Amour Jampolsky
Winner, Best Appellate Brief In The 2012 Native American Law Student Association Moot Court Competition, Jocelyn Jenks, Jacquelyn Amour Jampolsky
American Indian Law Review
No abstract provided.
"[This] I Know From My Grandfather:" The Battle For Admissibility Of Indigenous Oral History As Proof Of Tribal Land Claims, Hope M. Babcock
"[This] I Know From My Grandfather:" The Battle For Admissibility Of Indigenous Oral History As Proof Of Tribal Land Claims, Hope M. Babcock
American Indian Law Review
A major obstacle indigenous land claimants must face is the applicationof federal evidentiary rules, like the hearsay doctrine, which block the useof oral history to establish legal claims. It is often oral history and storiesthat tribes rely upon as evidence to support their claims, reducingsubstantially the likelihood of a tribe prevailing. Indigenous oral historypresents unique challenges to judges when faced with its admissibility.Canadian courts have largely overcome these challenges by interpretingevidentiary rules liberally, in favor of the aborigines. As such, Canadianaborigines have enjoyed greater land claim success than indigenousclaimants in the United States, raising the question why United Statescourts do …
Sword Or Submission? American Indian Natural Resource Claims Settlement Legislation, Benjamin A. Kahn
Sword Or Submission? American Indian Natural Resource Claims Settlement Legislation, Benjamin A. Kahn
American Indian Law Review
No abstract provided.