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Articles 1 - 30 of 67
Full-Text Articles in Law
Analysis Of A Bias-Based Exception To The Doctrine Of Exhaustion In Wilson V. Bull, R. Mitchell Mcgrew
Analysis Of A Bias-Based Exception To The Doctrine Of Exhaustion In Wilson V. Bull, R. Mitchell Mcgrew
American Indian Law Review
No abstract provided.
The Indian States Of America: Parallel Universes & Overlapping Sovereignty, Joseph William Singer
The Indian States Of America: Parallel Universes & Overlapping Sovereignty, Joseph William Singer
American Indian Law Review
No abstract provided.
State V. Jim: A New Era In Washington's Treatment Of The Tribes?, Matthew Deisen
State V. Jim: A New Era In Washington's Treatment Of The Tribes?, Matthew Deisen
American Indian Law Review
No abstract provided.
The Use Of The Alaskan Native Claims Settlement Act To Justify Disparate Treatment Of Alaska's Tribes, Natalie Landreth, Erin Dougherty
The Use Of The Alaskan Native Claims Settlement Act To Justify Disparate Treatment Of Alaska's Tribes, Natalie Landreth, Erin Dougherty
American Indian Law Review
No abstract provided.
Regaining Control Over The Children: Reversing The Legacy Of Assimilative Policies In Education, Child Welfare, And Juvenile Justice That Targeted Native American Youth, Ryan Seelau
American Indian Law Review
No abstract provided.
A Reason To Revisit Maine's Indian Claims Settlement Acts: The United Nations Declaration On The Rights Of Indigenous Peoples, Nicole Friederichs
A Reason To Revisit Maine's Indian Claims Settlement Acts: The United Nations Declaration On The Rights Of Indigenous Peoples, Nicole Friederichs
American Indian Law Review
No abstract provided.
Defending The "Indefensible": Replacing Ethnocentrism With A Native American Cultural Defense, Megan H. Dearth
Defending The "Indefensible": Replacing Ethnocentrism With A Native American Cultural Defense, Megan H. Dearth
American Indian Law Review
No abstract provided.
Creating Bright-Line Rules For Tribal Court Jurisdiction Over Non-Indians: The Case Of Trespass To Real Property, Grant Christensen
Creating Bright-Line Rules For Tribal Court Jurisdiction Over Non-Indians: The Case Of Trespass To Real Property, Grant Christensen
American Indian Law Review
The 2010 passage of the Tribal Law and Order Act will invest significantly more resources in tribal courts. As tribal courts expand, conflicts between sovereignties - tribal, state, and federal - are likely to occur with much greater frequency. Tribal court civil jurisdiction over non-Indians will be among the issues most frequently appealed to federal courts. I offer this piece to propose a new and novel solution - that tribal courts, through a piecemeal process, be extended absolute civil jurisdiction over non-Indians for those civil offenses over which tribes have the greatest interest. This article takes one of the most …
Federal Preemption: A Roadmap For The Application Of Tribal Law In State Courts, Jackie Gardina
Federal Preemption: A Roadmap For The Application Of Tribal Law In State Courts, Jackie Gardina
American Indian Law Review
This article contends that state courts are not necessarily free to apply state law when the courts are exercising concurrent adjudicative jurisdiction with tribal courts. Instead, Indian law principles of preemption direct state courts to apply tribal law in certain cases. A guiding principle emerges from the preemption analysis: if a tribe has legislative jurisdication over the dispute, tribal law must ordinarily be applied. In these instances, a state's laws, including its choice-of-law rules, are preempted by federal common law because their application interferes with the federal government's and the tribes' interest in promoting tribal self-government, including the tribes' ability …
The Ninth Circuit Court Of Appeals' Enforcement Of The Fair Labor Standards Act In Solis V. Matheson: A Discussion Of Laws Of General Applicability And Their Impact On Tribal Sovereignty And Independence, Doug Nix
American Indian Law Review
No abstract provided.
Displacing The Judiciary: Customary Law And The Threat Of A Defensive Tribal Council: A Book Review Of Raymond D. Austin, Navajo Courts And Navajo Common Law: A Tradition Of Tribal Self-Governance (2009), Ezra Rosser
American Indian Law Review
No abstract provided.
Another Blow To Tribal Sovereignty: A Look At Cross-Jurisdictional Law-Enforcement Agreements Between Indian Tribes And Local Communities, Andrew G. Hill
Another Blow To Tribal Sovereignty: A Look At Cross-Jurisdictional Law-Enforcement Agreements Between Indian Tribes And Local Communities, Andrew G. Hill
American Indian Law Review
No abstract provided.
The Bank Began Treating Them Badly: Plains Commerce Bank, The Supreme Court, And The Future Of Tribal Sovereignty, Cullen D. Sweeney
The Bank Began Treating Them Badly: Plains Commerce Bank, The Supreme Court, And The Future Of Tribal Sovereignty, Cullen D. Sweeney
American Indian Law Review
No abstract provided.
Bittle V. Bahe: A Drunken Mistake, Brian Alan Burget
Bittle V. Bahe: A Drunken Mistake, Brian Alan Burget
American Indian Law Review
No abstract provided.
Framing Concurrent Jurisdiction Issues In The Self-Determination Era: Accepting The First Circuit's Analysis But Rejecting Its Application To Preserve Tribal Sovereignty, Nathaniel T. Haskins
Framing Concurrent Jurisdiction Issues In The Self-Determination Era: Accepting The First Circuit's Analysis But Rejecting Its Application To Preserve Tribal Sovereignty, Nathaniel T. Haskins
American Indian Law Review
No abstract provided.
Formalism And Judicial Supremacy In Federal Indian Law, Alex Tallchief Skibine
Formalism And Judicial Supremacy In Federal Indian Law, Alex Tallchief Skibine
American Indian Law Review
No abstract provided.
Improving Native American Access To Federal Funding For Economic Development Through Partnerships With Rural Communities, Joanna M. Wagner
Improving Native American Access To Federal Funding For Economic Development Through Partnerships With Rural Communities, Joanna M. Wagner
American Indian Law Review
No abstract provided.
Maine V. Johnson: A Step In The Wrong Direction For The Tribal Sovereignty Of The Passamaquoddy Tribe And The Penobscot Nation, Whitney Austin Walstad
Maine V. Johnson: A Step In The Wrong Direction For The Tribal Sovereignty Of The Passamaquoddy Tribe And The Penobscot Nation, Whitney Austin Walstad
American Indian Law Review
No abstract provided.
Giving Up The "I": How The National Museum Of The American Indian Appropriated Tribal Voices, Whitney Kerr
Giving Up The "I": How The National Museum Of The American Indian Appropriated Tribal Voices, Whitney Kerr
American Indian Law Review
No abstract provided.
The Potential Passage Of Proposed Senate Bill 578 And Its Implication On Hicks V. Nevada And Twenty Years Of Supreme Court Jurisprudence, Richard L. Warren
The Potential Passage Of Proposed Senate Bill 578 And Its Implication On Hicks V. Nevada And Twenty Years Of Supreme Court Jurisprudence, Richard L. Warren
American Indian Law Review
No abstract provided.
Colonizing The Last Frontier, David J. Bloch
Colonizing The Last Frontier, David J. Bloch
American Indian Law Review
In Aboriginal Rights and Judicial Wrongs: The Colonization of the Last Frontier, I examine a recent sea-change in federal Indian law that has escaped the notice of scholars. In the light of the divestiture of tribal sovereignty characterizing recent Supreme Court decisions, my article interrogates a contemporary case that rejects the property principle underlying all of federal Indian law itself in favor of a conception of aboriginal title never before countenanced in the United States and long discredited elsewhere. My analysis argues that this new conception traduces 175 years of American precedent and violates international law. I also contend that …
Applying Twenty-Five Years Of Experience: The Iowa Indian Child Welfare Act, Kirk Albertson
Applying Twenty-Five Years Of Experience: The Iowa Indian Child Welfare Act, Kirk Albertson
American Indian Law Review
No abstract provided.
Progressing Back: A Tribal Solution For A Federal Morass, James T. Hamilton
Progressing Back: A Tribal Solution For A Federal Morass, James T. Hamilton
American Indian Law Review
No abstract provided.
Federal Acknowledgement Of Indian Tribes: Current Bia Interpretations Of The Federal Criteria For Acknowledgement With Respect To Several Northwest Tribes, Rosemary Sweeney
Federal Acknowledgement Of Indian Tribes: Current Bia Interpretations Of The Federal Criteria For Acknowledgement With Respect To Several Northwest Tribes, Rosemary Sweeney
American Indian Law Review
No abstract provided.
Developing Effective Processes Of American Indian Constitutional And Governmental Reform: Lessons From The Cherokee Nation Of Oklahoma, Hualapi Nation, Navajo Nation, And Northern Cheyenne Tribe, Eric Lemont
American Indian Law Review
No abstract provided.
Easements On Tribal Sovereignty, Todd Miller
Easements On Tribal Sovereignty, Todd Miller
American Indian Law Review
No abstract provided.
State Corporations For Indian Reservations, Dao Lee Bernardi-Boyle
State Corporations For Indian Reservations, Dao Lee Bernardi-Boyle
American Indian Law Review
No abstract provided.
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.
"Never Lay A Salmon On The Ground With His Head Toward The River": State Of Washington Sues Yakamas Over Alcohol Ban, Robert J. Haupt
"Never Lay A Salmon On The Ground With His Head Toward The River": State Of Washington Sues Yakamas Over Alcohol Ban, Robert J. Haupt
American Indian Law Review
No abstract provided.
Uniform Laws And Tribal Legislation; One Tribe's Perspective, Truman Carter, Fred H. Miller
Uniform Laws And Tribal Legislation; One Tribe's Perspective, Truman Carter, Fred H. Miller
American Indian Law Review
No abstract provided.