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Articles 1 - 8 of 8
Full-Text Articles in Law
Elementary Unfairness: Federal Recidivism Statutes And The Gap In Indigent American Indian Defendants' Sixth Amendment Right To Counsel, Thais-Lyn Trayer
Elementary Unfairness: Federal Recidivism Statutes And The Gap In Indigent American Indian Defendants' Sixth Amendment Right To Counsel, Thais-Lyn Trayer
American University 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.
Never Construed To Their Prejudice: In Honor Of David Getches, Richard B. Collins
Never Construed To Their Prejudice: In Honor Of David Getches, Richard B. Collins
Publications
This article reviews and analyzes the judicial canons of construction for Native American treaties and statutes. It discusses their theoretical justifications and practical applications. It concludes that the treaty canon has ready support in contract law and the law of treaty interpretation. Justification of the statutory canon is more challenging and could be strengthened by attention to the democratic deficit when Congress imposes laws on Indian country. Applications of the canons have mattered in disputes between Indian nations and private or state interests. They have made much less difference, and have suffered major failings, in disputes with the federal government. …
It Wasn't An Accident: The Tribal Sovereignty Immunity Story, William Wood
It Wasn't An Accident: The Tribal Sovereignty Immunity Story, William Wood
American University Law Review
No abstract provided.
Never Construed To Their Prejudice: In Honor Of David Getches, Richard B. Collins
Never Construed To Their Prejudice: In Honor Of David Getches, Richard B. Collins
University of Colorado Law Review
This article reviews and analyzes the judicial canons of construction for Native American treaties and statutes. It discusses their theoretical justifications and practical applications. It concludes that the treaty canon has ready support in contract law and the law of treaty interpretation. Justification of the statutory canon is more challenging and could be strengthened by attention to the democratic deficit when Congress imposes laws on Indian country. Applications of the canons have mattered in disputes between Indian nations and private or state interests. They have made much less difference, and have suffered major failings, in disputes with the federal government. …
Remarks Of David H. Getches: Federal Bar Association Indian Law Conference (April 7, 2011), David H. Getches
Remarks Of David H. Getches: Federal Bar Association Indian Law Conference (April 7, 2011), David H. Getches
University of Colorado Law Review
No abstract provided.
A Most Grievous Display Of Behavior: Self-Decimation In Indian Country, David E. Wilkins
A Most Grievous Display Of Behavior: Self-Decimation In Indian Country, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
Vine Deloria, Jr., the greatest indigenous philosopher of his day, wrote Custer Died for Your Sins: An Indian Manifesto in 1969. It was a spirited polemic that both galvanized and inspired Native peoples at home and abroad. Simultaneously, the book's powerful and trenchant words sent shock waves through non-Indian society. Deloria articulated a resurgent indigenous-centered understanding of sovereignty that had largely been suppressed by federal policy and law for nearly a century. Why did he emphasize the word "sovereignty"? Because he knew that Native nations needed to employ such concepts since they were familiar to both federal and state …