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Full-Text Articles in Law
Toward Genuine Tribal Consultation In The 21st Century, Colette Routel, Jeffrey Holth
Toward Genuine Tribal Consultation In The 21st Century, Colette Routel, Jeffrey Holth
University of Michigan Journal of Law Reform
The federal government's duty to consult with Indian tribes has been the subject of numerous executive orders and directives from past and current U.S. Presidents, which have, in turn, resulted in the proliferation of agency-specific consultation policies. However, there is still no agreement regarding the fundamental components of the consultation duty. When does the consultation duty arise? And what does it require of the federal government? The answers to these questions lie in the realization that the tribal consultation duty arises from the common law trust responsibility to Indian tribes, which compels the United States to protect tribal sovereignty and …
Embracing Tribal Sovereignty To Eliminate Criminal Jurisdiction Chaos, Lindsey Trainor Golden
Embracing Tribal Sovereignty To Eliminate Criminal Jurisdiction Chaos, Lindsey Trainor Golden
University of Michigan Journal of Law Reform
This Note argues that the current federal laws regarding tribal criminal jurisdiction are contrary to existing policies that recognize inherent tribal sovereignty, and that to fully restore tribal sovereignty and reduce reservation crime rates, Congress should revise the MCA and the TLOA to comprehensively address the legal barriers that adversely affect tribes' ability to prosecute crimes committed within their geographic borders. Part I outlines the historical progression of laws addressing criminal jurisdiction in Indian Country and identifies the problems with the law's disregard and displacement of tribal sovereignty. Part II examines the current state of criminal jurisdiction on reservations-focusing on …
The Challenge Of Indigenous Self-Determination, Russel Lawrence Barsh
The Challenge Of Indigenous Self-Determination, Russel Lawrence Barsh
University of Michigan Journal of Law Reform
The Earth Summit at Rio was the first global negotiation in which indigenous peoples participated directly. They did so with the aim of advocating land rights and greater self-determination in the fields of natural-resource management and development. They justified these claims by arguing that indigenous peoples are superior stewards of the land and that strengthening indigenous peoples' traditional economies would contribute to solving global ecological and economic problems. This approach succeeded all too well. Jaded diplomats and environmental ministers seized on the hopeful possibility that indigenous economics actually might work better than discredited socialism and overextended capitalism, and they invited …
Repatriation And Cultural Preservation: Potent Objects, Potent Pasts, Peter H. Welsh
Repatriation And Cultural Preservation: Potent Objects, Potent Pasts, Peter H. Welsh
University of Michigan Journal of Law Reform
Parts I and II discuss the preservation idea itself and the history of museums' participation in cultural preservation efforts. Parts III and IV then look specifically at the repatriation issue, providing some background on initiatives that have influenced peoples' thoughts and actions. Finally, Part V outlines and discusses some of the issues that have made resolution of the repatriation issue particularly complex.
Self-Determination For Indigenous Peoples At The Dawn Of The Solar Age, Dean B. Suagee
Self-Determination For Indigenous Peoples At The Dawn Of The Solar Age, Dean B. Suagee
University of Michigan Journal of Law Reform
In addition to challenging readers to help make the principle of self-determination a reality for indigenous peoples, this Article challenges indigenous leaders, especially those in the United States, to help formulate our collective vision of a sustainable future and to provide leadership in making that vision a reality. The United Nations has designated 1993 the International Year for the World's Indigenous Peoples, and this event will provide tribal leaders with opportunities to have their voices heard. Tribal leaders in the United States should take full advantage of these opportunities and step to the forefront of the movement to hasten the …
A Proposal For Extension Of The Occupational Safety And Health Act To Indian-Owned Businesses On Reservations, Maureen M. Crough
A Proposal For Extension Of The Occupational Safety And Health Act To Indian-Owned Businesses On Reservations, Maureen M. Crough
University of Michigan Journal of Law Reform
This Note argues that the Act does not apply to Indian businesses because it does not specifically mention them. While sensitive to the desirability of providing certain kinds of federal protections to all Americans, this Note takes the position that the sovereignty of Indian tribes should not be abrogable except by considered and express congressional action. Concluding nonetheless that the workplace protection the Occupational Safety and Health Act provides should be extended to Indians on reservations, the Note proposes amendment of the Act: to extend its protection; to permit tribal enforcement; and to authorize the federal government to help financially …