Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Publication
- Publication Type
Articles 1 - 12 of 12
Full-Text Articles in Law
Understanding And Making The New Section 646 Election For Alaska Native Settlement Trusts, Bruce N. Edwards
Understanding And Making The New Section 646 Election For Alaska Native Settlement Trusts, Bruce N. Edwards
Alaska Law Review
No abstract provided.
The Treaty Of St. Louis And Black Hawk's Bitterness, John K. Flanagan
The Treaty Of St. Louis And Black Hawk's Bitterness, John K. Flanagan
Northern Illinois University Law Review
In the process of expanding the American West, officials of the United States government negotiated and signed many treaties to obtain land from Indian tribes. Sometimes, more than one treaty was made with the same tribe regarding adjacent land after it was discovered by the government that the previous treaty gave too much land to the Indians. Arguably, many of these treaties involved a form of fraud or coercion on the part of government officials. One example of how lands were obtained by fraud is the Treaty of St. Louis. This article focuses on the reasons why Black Hawk, a …
Adjudication And The Problems Of Incommensurability, Brett G. Scharffs
Adjudication And The Problems Of Incommensurability, Brett G. Scharffs
William & Mary Law Review
No abstract provided.
Clinton's Legacy On Indigenous Issues, David E. Wilkins
Clinton's Legacy On Indigenous Issues, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
The president, of course, has not express constitutional responsibility for Indian nations—that is a power reserved to the Congress under the commerce clause. Nevertheless, it is to the president, dating back to George Washington, who had an active hand in Indian affairs through the treaty process, that tribal nations and their leaders have most often looked to gauge the federal government's character and commitment to fulfill the nation's historic treaty and ongoing trust obligations to indigenous people.
Indian Religious Freedom: To Litigate Or Legislate?, Louis Fisher
Indian Religious Freedom: To Litigate Or Legislate?, Louis Fisher
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.
[Introduction To] Uneven Ground: American Indian Sovereignty And Federal Law, David E. Wilkins, K. Tsianina Lomawaima
[Introduction To] Uneven Ground: American Indian Sovereignty And Federal Law, David E. Wilkins, K. Tsianina Lomawaima
Bookshelf
In the early 1970s, the federal government began recognizing self-determination for American Indian nations. As sovereign entities, Indian nations have been able to establish policies concerning health care, education, religious freedom, law enforcement, gaming, and taxation. Yet these gains have not gone unchallenged. Starting in the late 1980s, states have tried to regulate and profit from casino gambling on Indian lands. Treaty rights to hunt, fish, and gather remain hotly contested, and traditional religious practices have been denied protection. Tribal courts struggle with state and federal courts for jurisdiction. David E. Wilkins and K. Tsianina Lomawaima discuss how the political …
Jurisdiction Of Ute Reservation Lands, John D. Barton, Candace M. Barton
Jurisdiction Of Ute Reservation Lands, John D. Barton, Candace M. Barton
American Indian Law Review
No abstract provided.
The De Facto Termination Of Alaska Native Sovereignty: An Anomaly In An Era Of Self-Determination, Benjamin W. Thompson
The De Facto Termination Of Alaska Native Sovereignty: An Anomaly In An Era Of Self-Determination, Benjamin W. Thompson
American Indian Law Review
No abstract provided.
The Manipulation Of Indigenous Status: The Federal Government As Shape-Shifter, David E. Wilkins
The Manipulation Of Indigenous Status: The Federal Government As Shape-Shifter, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
"The federal-Indian relationship is like no other in the world. Indian tribes are denominated 'domestic-dependent nations' but their practical relationship with the United States 'resembles that of a ward to his guardian.' Indian tribes appear to have the same political status as the independent states of San Marino, Monaco, and Liechtenstein, yet they have little real self-government and seem to be forever mired in a state of political and economic pupilage."
This fifteen-year-old statement from Vine Deloria, Jr., the preeminent Indian political and legal scholar, still accurately reflects the convoluted nature of indigenous political, legal, and economic statuses in the …
Judicial Terror Confronts Indian Nations, David E. Wilkins
Judicial Terror Confronts Indian Nations, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
As the Bush Administration broadens its constitutionally problematic assault on real and alleged terrorists, both home and abroad, endangering the very rights and liberties it accused Osama bin Laden of savagely attacking, the judicial branch of the government, occupied by a majority of conservative justices, is doing its part to shatter the sovereign rights and economic liberties of indigenous nations.
Undoing Indian Law One Case At A Time: Judicial Minimalism And Tribal Sovereignty, Sarah Krakoff
Undoing Indian Law One Case At A Time: Judicial Minimalism And Tribal Sovereignty, Sarah Krakoff
Publications
No abstract provided.