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Articles 1 - 3 of 3
Full-Text Articles in Law
"Not In My State's Indian Reservation"-- A Legislative Fix To Close An Environmental Law Loophole, Roger R. Martella, Jr.
"Not In My State's Indian Reservation"-- A Legislative Fix To Close An Environmental Law Loophole, Roger R. Martella, Jr.
Vanderbilt Law Review
For hundreds of years, this continent's Indians shared a spiritual belief that they must respect and protect their Mother Earth above all else. Today, however, many tribes no longer view the environment as a bank of natural resources that they must shield and shelter at any cost. Instead, the economic pressures of the twentieth century-particularly underdevelopment, unemployment, and poverty -are forcing a growing number of Indian tribes to exchange the spiritual view of their once pristine environment for a commercial one. This shift from nurturing nature to exploiting the environment on a growing number of reservations results largely from a …
Power And Presumptions; Rules And Rhetoric; Institutions And Indian Law, Deborah A. Geier
Power And Presumptions; Rules And Rhetoric; Institutions And Indian Law, Deborah A. Geier
Law Faculty Articles and Essays
This 1994 article explores how unspoken, underlying presumptions shifted in Supreme Court jurisprudence regarding the analysis of tribal sovereignty.
The Cloaking Of Justice: The Supreme Court's Role In The Application Of Western Law To America's Indigenous Peoples, David E. Wilkins
The Cloaking Of Justice: The Supreme Court's Role In The Application Of Western Law To America's Indigenous Peoples, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
The debate over which legal Indigenous Peoples should govern Native American political power and property rights, or even whether they should be protected by law at all, caused conflicts challenging the autonomy of the legal system and led to changes of the original principles of Indian rights. The outcome of that conflict raises two questions of federal Indian law. One is where its principles contributed to the survival of Native Americans in the United States; the other is whether the same legal principles are responsible for the perpetual inferiority of Natives Americans in their own land. More starkly, the question …