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Articles 1 - 30 of 2113

Full-Text Articles in Indian and Aboriginal Law

United States V. Osage Wind, Llc, Summer Carmack Dec 2017

United States V. Osage Wind, Llc, Summer Carmack

Public Land and Resources Law Review

The Osage Nation, as owner of the beneficial interest in its mineral estate, issues federally-approved leases to persons and entities who wish to conduct mineral development on its lands. After an energy-development company, Osage Wind, leased privately-owned surface lands within Tribal reservation boundaries and began to excavate minerals for purposes of constructing a wind farm, the United States brought suit on the Tribe’s behalf. In the ensuing litigation, the Osage Nation insisted that Osage Wind should have obtained a mineral lease from the Tribe before beginning its work. In its decision, the Tenth Circuit applied one of the Indian ...


Constitutional Conflict And The Development Of Canadian Aboriginal Law, Guy Charlton, Xiang Gao Dec 2017

Constitutional Conflict And The Development Of Canadian Aboriginal Law, Guy Charlton, Xiang Gao

The University of Notre Dame Australia Law Review

This paper argues that aboriginal rights in Canada have been greatly affected by 19 th century governmental and social conflicts within the Canadian colonial state. These conflicts, largely over the ownership of land and regulatory authority between the federal government and the provinces necessarily impacted the First Nations on the ground while affecting how their legal claims were recognized and implemented. In particular they impacted the legal efficacy of treaty rights, the scope of rights recognised by the courts and an expansive legally protected notion of indigenous sovereignty. As a result, the rights now protected under sec. 25 and 35 ...


Indigenous Rights In The Trump Era, Tereza M. Szeghi Nov 2017

Indigenous Rights In The Trump Era, Tereza M. Szeghi

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

This paper examines the ways in which the Dakota Access Pipeline and the related protests were divergently covered in mainstream versus alternative news sources and what this divergent coverage suggests about the current status of American Indian affairs and the role of American Indians in the U.S. cultural imaginary. Moreover, the paper will address the status of American Indian tribal sovereignty in the Trump era more broadly, with particular focus on American Indians' treaty-related rights to self-determination in the use of their lands.


Taxation And Doing Business In Indian Country, Erik M. Jensen Oct 2017

Taxation And Doing Business In Indian Country, Erik M. Jensen

Maine Law Review

Economic development on the lands of the American Indian nations has been spotty at best. Almost everyone knows the great success stories with Indian gaming, which has been furthered by federal legislation, but those economic benefits have not been felt uniformly. Some tribes have prospered because of this peculiarly favored form of enterprise; others have not and, in many cases, probably cannot. Substantial economic development in Indian country will not occur without significant infusions of outside capital, but investment by non-Indian and nongovernmental sources is risky, or is perceived to be so, which leads to the same practical result. This ...


Cohen's Handbook Of Federal Indian Law, Barbara L. Creel, Gloria Valencia-Weber, Christine Zuni Cruz, Kenneth Bobroff, Kevin Washburn, John Lavelle Oct 2017

Cohen's Handbook Of Federal Indian Law, Barbara L. Creel, Gloria Valencia-Weber, Christine Zuni Cruz, Kenneth Bobroff, Kevin Washburn, John Lavelle

Kevin K. Washburn

Cohen's Handbook of Federal Indian Law is an encyclopedic treatise written by experts in the field, and provides general overviews to relevant information as well as in-depth study of specific areas within this complex area of federal law. This is an updated and revised edition of what has been referred to as the ""bible"" of federal Indian law. This publication focuses on the relationship between tribes, the states and the federal government within the context of civil and criminal jurisdiction, as well as areas of resource management and government structure. This compact publication is the only comprehensive treatise explicating ...


Cohen's Handbook Of Federal Indian Law, Barbara L. Creel, Gloria Valencia-Weber, Christine Zuni Cruz, Kenneth Bobroff, Kevin Washburn, John Lavelle Oct 2017

Cohen's Handbook Of Federal Indian Law, Barbara L. Creel, Gloria Valencia-Weber, Christine Zuni Cruz, Kenneth Bobroff, Kevin Washburn, John Lavelle

Christine Zuni Cruz

Cohen's Handbook of Federal Indian Law is an encyclopedic treatise written by experts in the field, and provides general overviews to relevant information as well as in-depth study of specific areas within this complex area of federal law. This is an updated and revised edition of what has been referred to as the ""bible"" of federal Indian law. This publication focuses on the relationship between tribes, the states and the federal government within the context of civil and criminal jurisdiction, as well as areas of resource management and government structure. This compact publication is the only comprehensive treatise explicating ...


Cohen's Handbook Of Federal Indian Law, Barbara L. Creel, Gloria Valencia-Weber, Christine Zuni Cruz, Kenneth Bobroff, Kevin Washburn, John Lavelle Oct 2017

Cohen's Handbook Of Federal Indian Law, Barbara L. Creel, Gloria Valencia-Weber, Christine Zuni Cruz, Kenneth Bobroff, Kevin Washburn, John Lavelle

Gloria Valencia-Weber

Cohen's Handbook of Federal Indian Law is an encyclopedic treatise written by experts in the field, and provides general overviews to relevant information as well as in-depth study of specific areas within this complex area of federal law. This is an updated and revised edition of what has been referred to as the ""bible"" of federal Indian law. This publication focuses on the relationship between tribes, the states and the federal government within the context of civil and criminal jurisdiction, as well as areas of resource management and government structure. This compact publication is the only comprehensive treatise explicating ...


Cohen's Handbook Of Federal Indian Law, Barbara L. Creel, Gloria Valencia-Weber, Christine Zuni Cruz, Kenneth Bobroff, Kevin Washburn, John Lavelle Oct 2017

Cohen's Handbook Of Federal Indian Law, Barbara L. Creel, Gloria Valencia-Weber, Christine Zuni Cruz, Kenneth Bobroff, Kevin Washburn, John Lavelle

Barbara L Creel

Cohen's Handbook of Federal Indian Law is an encyclopedic treatise written by experts in the field, and provides general overviews to relevant information as well as in-depth study of specific areas within this complex area of federal law. This is an updated and revised edition of what has been referred to as the ""bible"" of federal Indian law. This publication focuses on the relationship between tribes, the states and the federal government within the context of civil and criminal jurisdiction, as well as areas of resource management and government structure. This compact publication is the only comprehensive treatise explicating ...


United States V. Gila Valley Irrigation District, Ryan L. Hickey Oct 2017

United States V. Gila Valley Irrigation District, Ryan L. Hickey

Public Land and Resources Law Review

Attempts to alter water use agreements, especially those spanning back decades or even centuries, elicit intense scrutiny from water rights holders. In United States v. Gila Valley Irrigation Dist., the Ninth Circuit upheld application of a 1935 Decree apportioning water among various regional entities, including two Indian tribes, to bar a mineral company from transferring water rights between properties within the Gila River drainage.


The Inherent Right Of Indigenous Governance, Kent Mcneil Oct 2017

The Inherent Right Of Indigenous Governance, Kent Mcneil

All Papers

I would like to start by acknowledging and thanking the Algonquin Nation, on whose unceded territory we are meeting.

When the Dominion of Canada was created in 1867 by the UK Parliament, the BNA Act gave the Parliament of Canada exclusive jurisdiction over “Indians, and Lands reserved for the Indians”. Parliament used this authority to enact the Indian Act in 1876. That statute gave the Canadian government the power to impose the band council system on First Nations without their consent.

The governance authority of First Nation band councils is therefore delegated authority – it comes from the Indian Act and ...


Getches-Wilkinson Center Newsletter, Fall 2017, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment Oct 2017

Getches-Wilkinson Center Newsletter, Fall 2017, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.


The Supreme Court's Last 30 Years Of Federal Indian Law: Looking For Equilibrium Or Supremacy?, Alexander Tallchief Skibine Oct 2017

The Supreme Court's Last 30 Years Of Federal Indian Law: Looking For Equilibrium Or Supremacy?, Alexander Tallchief Skibine

Utah Law Faculty Scholarship

Since 1831, Indian nations have been viewed as Domestic Dependent Nations located within the geographical boundaries of the United States. Although Chief Justice John Marshall acknowledged that Indian nations had a certain amount of sovereignty, the exact extent of such sovereignty as well as the place of tribes within the federal system has remained ill-defined. This Article examines what has been the role of the Supreme Court in integrating Indian nations as the third Sovereign within our federalist system. The Article accomplishes this task by examining the Court’s Indian law record in the last 30 years. The comprehensive survey ...


Agua Caliente Band Of Cahuilla Indians V. Coachella Valley Water Dist., Rebecca Newsom Sep 2017

Agua Caliente Band Of Cahuilla Indians V. Coachella Valley Water Dist., Rebecca Newsom

Public Land and Resources Law Review

In Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water Dist., the Ninth Circuit upheld the Tribe’s federal reserved right to the groundwater underlying its reservation. This decision enforces that the courts will not defer to state water law when there is an established federal reserved water right. Further, the Ninth Circuit expressly extended this right to groundwater.


The Body Subject To The Laws: Louise Erdrich’S Metaphorical Incarnation Of Federal Indian Law In "The Round House", Laurel Jimenez Sep 2017

The Body Subject To The Laws: Louise Erdrich’S Metaphorical Incarnation Of Federal Indian Law In "The Round House", Laurel Jimenez

Access*: Interdisciplinary Journal of Student Research and Scholarship

Author Louise Erdrich, a member of the Chippewa tribe in North Dakota, is renowned for addressing historical and current social justice issues facing Native Americans in many of her critically acclaimed novels. The Round House is no exception. Erdrich begins her novel by describing a violent attack against the young protagonist's mother; an attack that is only made possible by the systemic racism and lack of tribal sovereignty that underpins Federal Indian Law and policy. Erdrich transmutes the evil couched within those laws into one deplorable incident. The unfolding affects from that incident expose how-- not only historically, but ...


Lewis V. Clarke, Summer L. Carmack Sep 2017

Lewis V. Clarke, Summer L. Carmack

Public Land and Resources Law Review

One manner in which Indian tribes exercise their inherent sovereignty is by asserting sovereign immunity. In Lewis v. Clarke, the Court decided that the sovereign immunity extended to instrumentalities of tribes did not further extend to tribal employees acting within the scope of their employment. The Court acknowledged the concerns of the lower court, namely, the possibility of setting a precedent allowing future plaintiffs to sidestep a tribe’s sovereign immunity by suing a tribal employee in his individual capacity. However, the Supreme Court ultimately felt that the immunity of tribal employees should not exceed the immunity extended to state ...


Parchment As Power: The Effects Of Pre-Revolutionary Treaties On Native Americans From The Colonial Period To Present, Katie Wilkinson Sep 2017

Parchment As Power: The Effects Of Pre-Revolutionary Treaties On Native Americans From The Colonial Period To Present, Katie Wilkinson

The Purdue Historian

In colonial America, there was one resource that settlers were thirsty for and only Native Americans could provide: land. Europeans were interested in gaining possession of Native land via whatever methods would place the fertile soil into their greedy palms the fastest. As a result, they turned to a familiar practice to establish ownership – the written word, more specifically treaties. Unfortunately, the Europeans had fundamentally different thoughts concerning land than the Natives and it resulted in great forfeitures for tribes. While Native Americans were often tricked into land cessions, this was not always the case. Some of the reasons behind ...


Witchcraft And Statecraft: Liberal Democracy In Africa, Nelson Tebbe Sep 2017

Witchcraft And Statecraft: Liberal Democracy In Africa, Nelson Tebbe

Nelson Tebbe

This Article addresses the prospects of liberal democracy in non-Western societies. It focuses on South Africa, one of the newest and most admired liberal democracies, and in particular on its efforts to recognize indigenous African traditions surrounding witchcraft and related occult practices. In 2004, Parliament passed a law that purports to regulate certain occult practitioners called traditional healers. Today, lawmakers are under pressure to go further and criminalize the practice of witchcraft itself. This Article presses two arguments. First, it contends that the 2004 statute is compatible with liberal principles of equal citizenship and the rule of law. Second, it ...


Indigenous Sovereignty And The Legality Of Crown Sovereignty: An Unresolved Constitutional Conundrum, Kent Mcneil Sep 2017

Indigenous Sovereignty And The Legality Of Crown Sovereignty: An Unresolved Constitutional Conundrum, Kent Mcneil

All Papers

Let me start by acknowledging and thanking the Enoch Cree Nation, on whose territory we are meeting.

So here we are, 150 years after Confederation, and yet the legal basis for Crown sovereignty over Canada remains uncertain.

The standard explanation is that the Crown acquired sovereignty over French Canada by cession of Acadia (French possessions in what became the Maritime Provinces) by the Treaty of Utrecht in 1713, and by conquest of New France in 1759-60 and cession by the Treaty of Paris in 1763. However, this leaves unexplained how France got sovereignty over territories that were occupied and controlled ...


Bystander No More? Improving The Federal Response To Sexual Violence In Indian Country, Sarah Deer Aug 2017

Bystander No More? Improving The Federal Response To Sexual Violence In Indian Country, Sarah Deer

Utah Law Review

For better or worse, the federal government has taken responsibility for providing for the protection of Native people. So long as the federal government refuses to allow tribes to govern themselves completely and independently, it is imperative that the federal government enact policies empowering Native survivors of sexual assault. The federal government must do more to protect tribal members from sexual predators, to safeguard reservations not only from career criminals but also to ensure that federal agencies like the Bureau of Indian Affairs and the Indian Health Services do not hire men with a history of violence against women or ...


Fiduciary Obligations And Aboriginal Peoples, Kent Mcneil Jul 2017

Fiduciary Obligations And Aboriginal Peoples, Kent Mcneil

Kent McNeil

No abstract provided.


Aboriginal Title And Indigenous Governance: Identifying The Holders Of Rights And Authority, Kent Mcneil Jul 2017

Aboriginal Title And Indigenous Governance: Identifying The Holders Of Rights And Authority, Kent Mcneil

Kent McNeil

Aboriginal rights, including Aboriginal title to land, are communal rights that are vested in Indigenous collectivities that are connected to the specific Indigenous groups that occupied and used land prior to European colonization of Canada. Identifying the present-day collectivities that hold these rights is therefore essential. This research paper examines the jurisprudence on this matter in relation to three categories of court decisions: Aboriginal title cases, Aboriginal rights cases apart from title, and duty to consult cases. Analysis of the case law reveals that identification of current rights holders is treated as a matter of fact that depends in part ...


The Master's Tools: Tribal Sovereignty And Tribal Self-Governance Contracting/Compacting, Danielle Delaney Jul 2017

The Master's Tools: Tribal Sovereignty And Tribal Self-Governance Contracting/Compacting, Danielle Delaney

American Indian Law Journal

No abstract provided.


Swinomish Indian Tribal Community V. Bnsf Railway Co. And Its Effect On Litigation Challenging Bia’S New Rights-Of-Way Regulations, Kaelen Brodie Jul 2017

Swinomish Indian Tribal Community V. Bnsf Railway Co. And Its Effect On Litigation Challenging Bia’S New Rights-Of-Way Regulations, Kaelen Brodie

American Indian Law Journal

No abstract provided.


No Connection: The Issue Of Internet On The Reservation, Emily S. Donnellan Jul 2017

No Connection: The Issue Of Internet On The Reservation, Emily S. Donnellan

American Indian Law Journal

No abstract provided.


Case Law On American Indians: August 2015—August 2016, Thomas P. Schlosser Jul 2017

Case Law On American Indians: August 2015—August 2016, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.


Icra Habeas Corpus Relief: A New Habeas Jurisprudence For The Post-Oliphant World?, Hunter Cox Jul 2017

Icra Habeas Corpus Relief: A New Habeas Jurisprudence For The Post-Oliphant World?, Hunter Cox

American Indian Law Journal

No abstract provided.


Improving Native American Tribes’ Voice In International Climate Change Negotiations, Jin Hyung Lee Jul 2017

Improving Native American Tribes’ Voice In International Climate Change Negotiations, Jin Hyung Lee

American Indian Law Journal

No abstract provided.


Imaginary Lines, Real Consequences: The Effect Of The Militarization Of The United States-Mexico Border On Indigenous Peoples, Joseph Kowalski Jul 2017

Imaginary Lines, Real Consequences: The Effect Of The Militarization Of The United States-Mexico Border On Indigenous Peoples, Joseph Kowalski

American Indian Law Journal

No abstract provided.


Justice Scalia And Tonto Fistfight In Heaven, Ray Martin Jul 2017

Justice Scalia And Tonto Fistfight In Heaven, Ray Martin

American Indian Law Journal

No abstract provided.


Budding Conflicts: Marijuana's Impact On Unsettled Questions Of Tribal-State Relations, Katherine J. Florey Jun 2017

Budding Conflicts: Marijuana's Impact On Unsettled Questions Of Tribal-State Relations, Katherine J. Florey

Boston College Law Review

In the wake of a December 2014 decision by the Department of Justice to deprioritize enforcement of federal marijuana laws against tribes as well as states, many tribes have reevaluated their policies toward marijuana. Tribal attitudes toward marijuana are diverse; some tribes regard marijuana as a public health menace, whereas others see it as a source of economic opportunity. Where tribal policies are significantly more or less restrictive than those of the surrounding state, tribal-state relations have often suffered friction. The problem is particularly acute given the jurisdictional uncertainty that characterizes Indian country and the absence of any equivalent to ...