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Full-Text Articles in Law

Fragile Gains: Two Centuries Of Canadian And United States Policy Toward Indians, Ralph W. Johnson Jul 1991

Fragile Gains: Two Centuries Of Canadian And United States Policy Toward Indians, Ralph W. Johnson

Articles

The United States and Canada share a common history in their policies toward and legal treatment of the Native Americans that historically have occupied both countries. The Royal Proclamation of 1763 established a policy of recognizing Aboriginal title and treating with Indians that was binding on the colonies that preceded both countries, and influenced both governments in later dealings with tribes. Assimilationist themes are evident as well in the national policy toward Indians in both countries. Nevertheless, historically and in the present, national policies and laws of the two governments can be contrasted. This Article sets forth a detailed comparison …


Federal Recent Developments Jan 1991

Federal Recent Developments

American Indian Law Review

No abstract provided.


Tribal Jurisdiction Over Indian Children: Mississippi Band Of Choctaw Indians V. Holyfield, Diane Allbaugh Jan 1991

Tribal Jurisdiction Over Indian Children: Mississippi Band Of Choctaw Indians V. Holyfield, Diane Allbaugh

American Indian Law Review

No abstract provided.


United States V. Renville: The Unsettling Condition Of The Settled Law Applying The Assimilated Crimes Act To Indians, Sharon Womack Doty Jan 1991

United States V. Renville: The Unsettling Condition Of The Settled Law Applying The Assimilated Crimes Act To Indians, Sharon Womack Doty

American Indian Law Review

No abstract provided.


Criminal Jurisdiction Over Nonmember Indians: The Legal Void After Duro V. Reina, Douglas B. Cubberley Jan 1991

Criminal Jurisdiction Over Nonmember Indians: The Legal Void After Duro V. Reina, Douglas B. Cubberley

American Indian Law Review

No abstract provided.


Survey Of Civil Jurisdiction In Indian Country 1990, Sandra Hansen Esq. Jan 1991

Survey Of Civil Jurisdiction In Indian Country 1990, Sandra Hansen Esq.

American Indian Law Review

No abstract provided.


To Feel The Summer In The Spring: The Treaty Fishing Rights Of The Wisconsin Chippewa, Charles F. Wilkinson Jan 1991

To Feel The Summer In The Spring: The Treaty Fishing Rights Of The Wisconsin Chippewa, Charles F. Wilkinson

Publications

In this Article, adapted from his Oliver Rundell Lecture delivered at the University of Wisconsin Law School in April 1990, Professor Charles Wilkinson explores the historical and contemporary conflict arising out of the Chippewa people's assertion of nineteenth century treaty fishing rights. A key to comprehending the Chippewa's position is a realization that they are governments whose sovereign rights predate the United States Constitution and are preserved in federal treaties and statutes. The Chippewa's survival as a people depends upon a recognition of their sovereign prerogatives, an understanding of their history, a respect for their dignity and a just application …