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Articles 1 - 30 of 10562

Full-Text Articles in Indian and Aboriginal Law

Lessons From Batson In A Comparative Criminal Context: How Implicit Racial Biases Remain Unaddressed In Canadian Jury Section, Brittney Adams May 2019

Lessons From Batson In A Comparative Criminal Context: How Implicit Racial Biases Remain Unaddressed In Canadian Jury Section, Brittney Adams

American Indian Law Journal

This Article highlights how Batson challenges may be instructive for addressing racial biases in jury selection in Canada and draws on the murder of Colten Boushie as an illustration of how the current system has failed to hold white defendants accountable in criminal cases involving Aboriginal victims. While far from perfect, peremptory Batson challenges in the United States serve as a nod to the ongoing issue of racial bias in jury selection in the United States. Canadian jury selection contains no similar challenges, which has too often resulted in all-white or mostly-white juries failing to hold white defendants accountable for ...


Indian Child Welfare Act Annual Case Law Update And Commentary, Kathryn Fort, Adrian T. Smith May 2019

Indian Child Welfare Act Annual Case Law Update And Commentary, Kathryn Fort, Adrian T. Smith

American Indian Law Journal

No abstract provided.


Improving Justice And Avoiding Colonization In Managing Climate Change Related Disasters: A Case Study Of Alaska Native Villages, Elizaveta Barrett Ristroph May 2019

Improving Justice And Avoiding Colonization In Managing Climate Change Related Disasters: A Case Study Of Alaska Native Villages, Elizaveta Barrett Ristroph

American Indian Law Journal

No abstract provided.


A Change In South Dakota’S Child Sexual Abuse Statute Of Limitations: An Equal Protection Violations?, Peyton Healy May 2019

A Change In South Dakota’S Child Sexual Abuse Statute Of Limitations: An Equal Protection Violations?, Peyton Healy

American Indian Law Journal

No abstract provided.


Tribal Treaty Rights And Natural Resource Protection: The Next Chapter United States V. Washington - The Culverts Case, Richard Du Bey, Andrew S. Fuller, Emily Miner May 2019

Tribal Treaty Rights And Natural Resource Protection: The Next Chapter United States V. Washington - The Culverts Case, Richard Du Bey, Andrew S. Fuller, Emily Miner

American Indian Law Journal

No abstract provided.


Juliana V. United States, Daniel Brister May 2019

Juliana V. United States, Daniel Brister

Public Land & Resources Law Review

In 2015, a group of adolescents between the ages of eight and nineteen filed a lawsuit against the federal government for infringing upon their civil rights to a healthy, habitable future living environment. Those Plaintiffs in Juliana v. United States alleged that the industrial-scale burning of fossil fuels was causing catastrophic and destabilizing impacts to the global climate, threatening the survival and welfare of present and future generations. Seeking to reduce the United States’ contributions to atmospheric carbon dioxide, Plaintiffs demanded injunctive and declaratory relief to halt the federal government’s policies of promoting and subsidizing fossil fuels, due to ...


Resolving Conflict Between Canada’S Indigenous Peoples And The Crown Through Modern Treaties: Yukon Case History, Kirk Cameron May 2019

Resolving Conflict Between Canada’S Indigenous Peoples And The Crown Through Modern Treaties: Yukon Case History, Kirk Cameron

New England Journal of Public Policy

This article presents an example of how modern treaties with Yukon First Nations have created a foundation for co-relational involvement in the direction and control of land and resource management throughout Canada’s subnational region of Yukon, approximately 470,000 square kilometers in size. The modern treaties with eleven of the fourteen Yukon First Nations create assessment and management structures where appointment to these bodies are nominations not only from the territorial and federal governments but from the Yukon First Nations. The rights captured in the treaties are protected under Canada’s supreme law, the Constitution Act, 1982. The treaty ...


Contextualizing Approaches To Indigenous Peoples’ Experiences Of Intractable Conflict, Michele A. Sam May 2019

Contextualizing Approaches To Indigenous Peoples’ Experiences Of Intractable Conflict, Michele A. Sam

New England Journal of Public Policy

This article contextualizes intractable conflict within the lived experiences and worldviews of an Indigenous person, imbued with academic and scholarly research. The text illustrates how intractable conflict is experienced within the “developed world,” resulting in both freedom and fragmentation. Whether intractable conflict stems from colonial and postcolonial development and influences current Indigenous Peoples’ self-development efforts in Canada, specifically, and possibly across British colonies in general seems to be a new inquiry. The author relates her intergenerational experiences of contact, unpacking research and development in its many forms alongside the characteristics of intractable conflict and related federal Indian and social policy ...


Patent Litigators Playing Cowboys And Indians At The Ptab, Michael E. Benson May 2019

Patent Litigators Playing Cowboys And Indians At The Ptab, Michael E. Benson

Notre Dame Law Review Online

This Essay concerns a new frontier of crafty strategy to keep patents from review by the Patent Trial and Appeal Board (PTAB)—the invocation of tribal sovereign immunity to prevent the PTAB from obtaining (subject-matter) jurisdiction over the patent invalidity dispute.

Part I of this Essay provides background information about a current case in which the litigant has attempted to use tribal sovereign immunity in order to avoid an inter partes review (IPR) proceeding before the PTAB. Part II provides a brief summary of the current relevant law (tribal, patent, administrative, etc.) pertaining to tribal sovereign immunity in the context ...


The Unsung Hero Character: A Harbinger Device Of Misfortune, Eutimio Talavera May 2019

The Unsung Hero Character: A Harbinger Device Of Misfortune, Eutimio Talavera

Electronic Theses and Dissertations

This thesis introduces an obscure storytelling device, The Unsung Hero character, as one way of examining how movies function as stories. This character is often overlooked, as it frequently cloaks its idiosyncrasies, thus it lacks any apparent signs of internal conflict. This analysis foregrounds the character’s overall functionality, found only in rare instances and typically in the story of a movie. With effective implementation in a story, as a functional harbinger device, brief appearances of The Unsung Hero character demonstrate flashpoints or disclosures of a forthcoming misfortune in the story. This movie analysis shows how The Unsung Hero character ...


Indigenous Environmental Network V. United States Department Of State, Seth Sivinski Apr 2019

Indigenous Environmental Network V. United States Department Of State, Seth Sivinski

Public Land & Resources Law Review

Pipelines are an extremely efficient way to move large amounts of oil and gas across long distances. However, pipelines have become a lightning rod for environmentalists opposing the lines’ construction and the energy sector which considers the lines a must to achieve energy independence and security. Pipelines are massive projects often crossing interstate and international boundaries. As a result, they are subject to an extensive amount of government regulation with an accompanying assortment of legal challenges. Indigenous Environmental Network v. United States Department of State is the latest case in the Keystone XL pipeline saga, wherein the United States District ...


Kloker V. Fort Peck Tribes, Hallee Kansman Apr 2019

Kloker V. Fort Peck Tribes, Hallee Kansman

Public Land & Resources Law Review

Kloker v. Fort Peck Tribes investigates and deciphers the application of the Indian canons of construction to the congressional formation and establishment of the Fort Peck reservation in Montana. In general, courts interpret congressional acts creating reservations through the lens of the tribal-federal government trust relationship. Although this case examines different substantive models of legal interpretation and theories of water law, the ultimate dispute is textual in nature—questioning the plain language of the establishment legislation itself.


Maralex Resources, Inc. V. Barnhardt, Bradley E. Tinker Apr 2019

Maralex Resources, Inc. V. Barnhardt, Bradley E. Tinker

Public Land & Resources Law Review

In Maralex Resources v. Barnhardt, Maralex and property owners brought an action to protect private property from BLM inspections of oil and gas lease sites. The Tenth Circuit looked at the plain meaning of a congressional statute and held in favor of Maralex, finding that BLM lacked authority to require a private landowner to provide BLM with a key to inspect wells of their property. The Tenth Circuit held BLM has the authority to conduct inspections without prior notice on private property lease sites; however, it is required to contact the property owner for permission before entering the property.


Hoopa Valley Tribe V. Ferc, Fredrick Aaron Rains Apr 2019

Hoopa Valley Tribe V. Ferc, Fredrick Aaron Rains

Public Land & Resources Law Review

In Hoopa Valley Tribe v. FERC, the Hoopa Valley Tribe challenged the intentional and continual delay of state water quality certification review of water discharged from a series of dams on the Klamath River in California and Oregon. The Federal Energy Regulatory Commission, the states of Oregon and California, and PacifiCorp, a hydroelectric operator, were implementing an administrative scheme designed to circumvent a one-year temporal requirement for review imposed on states by the Clean Water Act. This scheme allowed PacifiCorp to operate the series of dams for over a decade without proper state water quality certification. The United States Court ...


Enough Is Enough: Ten Years Of Carcieri V. Salazar, Bethany C. Sullivan, Jennifer L. Turner Apr 2019

Enough Is Enough: Ten Years Of Carcieri V. Salazar, Bethany C. Sullivan, Jennifer L. Turner

Public Land & Resources Law Review

Ten years ago, the United States Supreme Court issued its watershed decision in Carcieri v. Salazar, landing a gut punch to Indian country. Through that decision, the Supreme Court upended decades of Department of the Interior regulations, policy, and practice related to the eligibility of all federally recognized tribes for the restoration of tribal homelands through the Indian Reorganization Act (IRA) of 1934. The Court held that tribes must demonstrate that they were “under federal jurisdiction” in 1934 to qualify for land into trust under the first definition of “Indian” in the IRA. Carcieri has impacted all tribes by upending ...


Failed Protectors: The Indian Trust And Killers Of The Flower Moon, Matthew L.M. Fletcher Apr 2019

Failed Protectors: The Indian Trust And Killers Of The Flower Moon, Matthew L.M. Fletcher

Michigan Law Review

Review of David Grann's Killers of the Flower Moon: The Osage Murders and the Birth of the FBI.


The Wild West Re-Lived: Oil Pipelines Threaten Native American Tribal Lands, Ashley A. Glick Mar 2019

The Wild West Re-Lived: Oil Pipelines Threaten Native American Tribal Lands, Ashley A. Glick

Villanova Environmental Law Journal

No abstract provided.


Table Of Contents, Seattle University Law Review Feb 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Natural Resource And Natural Law Part I: Prior Appropriation, Robert W. Adler Feb 2019

Natural Resource And Natural Law Part I: Prior Appropriation, Robert W. Adler

William & Mary Law Review

In recent years, there has been a resurgence of civil disobedience over public land policy in the West, sometimes characterized by armed confrontations between ranchers and federal officials. This trend reflects renewed assertions that applicable positive law violates the natural rights (sometimes of purportedly divine origin) of ranchers and other land users, particularly under the prior appropriation doctrine and grounded in Lockean theories of property. At the same time, Native Americans and environmental activists have also relied on civil disobedience to assert natural rights to a healthy environment based on public trust, fundamental human rights, and other principles. This Article ...


Conceptions Of Sovereignty, Paul Hansen Jan 2019

Conceptions Of Sovereignty, Paul Hansen

Master of Studies in Law Research Papers Repository

This paper explores conceptions of sovereignty held by Canada’s Indigenous and Western cultures. It seeks to determine what sovereignty entails and how the Crown- Indigenous relationship is affected by the judgments of Canada’s courts. The study makes no attempt to compare the relative merits of Indigenous and Western sovereignty conceptions. Similarly, it does not examine nor attempt to reconcile sovereignty-related tensions that may exist between the Crown and Indigenous peoples.

The research is framed by a two-part question: (1) What are the defining characteristics of Indigenous and Western conceptions of sovereignty; and (2) what impact do the sovereignty-related ...


Law School News: Meet Maine's New Ag, Aaron Frey '08 01-11-2019, Michael M. Bowden Jan 2019

Law School News: Meet Maine's New Ag, Aaron Frey '08 01-11-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Property And Sovereignty: An Indian Reserve And A Canadian City, Douglas C. Harris Jan 2019

Property And Sovereignty: An Indian Reserve And A Canadian City, Douglas C. Harris

Douglas Harris

Property rights, wrote Morris Cohen in 1927, are delegations of sovereign power. They are created by the state and operate to establish limits on its power. As such, the allocation of property rights is an exercise of sovereignty and a limited delegation of it. Sixty years later, Joseph Singer used Cohen’s conceptual framing in a critical review of developments in American Indian law. Where the US Supreme Court had the opportunity to label an American Indian interest as either a sovereign interest or a property interest, he argued, it invariably chose to the disadvantage of the Indians. Within Canada ...


Wildearth Guardians V. United States Bureau Of Land Management, Seth Sivinski Jan 2019

Wildearth Guardians V. United States Bureau Of Land Management, Seth Sivinski

Public Land & Resources Law Review

In WildEarth Guardians v. U.S. BLM, the District Court of Colorado showed that economic and developmental uncertainty is an area where agencies are given broad discretion in deciding whether an impact is reasonably foreseeable and requires a further conformity analysis under the Clean Air Act. This case exemplifies the tactical limitation of using climate change and the science around it to force greater analysis of projects undertaken by federal agencies. However, the court presented a potential roadmap for successful future challenges.


Solenex Llc V. Jewell, F. Aaron Rains Jan 2019

Solenex Llc V. Jewell, F. Aaron Rains

Public Land & Resources Law Review

In Solenex LLC v. Jewell, the Secretary of the Interior cancelled a highly contentious oil and gas lease in Montana’s Badger-Two Medicine area, an environmentally sensitive and culturally significant area to the Blackfeet Tribe, nearly thirty years after the lease had been issued. Solenex, a Louisiana based oil and gas company and holder of the lease, brought this action to enjoin the cancellation. The District Court for the District of Columbia agreed with Solenex and found that the Secretary’s decision took an unreasonable amount of time and violated good-faith contractual obligations. On these grounds, the court found the ...


Massachusetts Lobstermen’S Association V. Ross, Daniel Brister Jan 2019

Massachusetts Lobstermen’S Association V. Ross, Daniel Brister

Public Land & Resources Law Review

President Obama established the first––and only––national monument in the Atlantic Ocean on September 15, 2016. Located 130 miles southeast of Cape Cod, Massachusetts, and comprised of 4,913 square miles of marine ecosystems rich in biodiversity, the protected area includes four underwater mountains and three submarine canyons. Plaintiff commercial lobster and fishing associations, seeking to overturn the designation, asserted that the Antiquities Act does not permit a president to establish marine national monuments. The U.S. District Court for the District of Columbia disagreed, upholding a president’s authority to protect offshore areas and vast ecosystems as objects ...


Sovereignty, Land, And Language: The Marshall Trilogy & John Rollin Ridge’S Joaquín Murieta, `Ilima R. Umbhau Jan 2019

Sovereignty, Land, And Language: The Marshall Trilogy & John Rollin Ridge’S Joaquín Murieta, `Ilima R. Umbhau

Undergraduate Honors Theses

During the height of Indian Removal, the U.S. Supreme Court weighed on cases determining the fate of the Cherokee Nation, among other tribes. To combat the pressures of the federal government, the Cherokee Nation created a new government and a Constitution to legitimize their claims to ancestral lands. Despite the extensive efforts made by the Nation, the federal government seized the land through militarized action and forced the Cherokee peoples out. During the course of removal, a political schism formed and divided the Tribe. Between the Ross and the Ridge faction, they disputed whether the Cherokee peoples could remain ...


A Comparative Analysis: Legal And Historical Analysis Of Protecting Indigenous Cultural Rights Involving Land Disputes In Japan, New Zealand, And Hawai'i, Zachary Browning Jan 2019

A Comparative Analysis: Legal And Historical Analysis Of Protecting Indigenous Cultural Rights Involving Land Disputes In Japan, New Zealand, And Hawai'i, Zachary Browning

Washington International Law Journal

This article explores how courts in developed market economies address the tension between recognizing the rights of indigenous groups and addressing questions of land development that supposedly benefit the majority populations. Using a comparative approach, the article identifies three jurisdictions in the Pacific Rim with indigenous populations: (1) the State of Hawai‘i in the United States, (2) Japan, and (3) New Zealand and analyzes how land use courts and administrative bodies have addressed the thorny question pursuing development while fulfilling their obligations to indigenous populations. While the State of Hawai‘i has explicit state constitutional protections, Japan and New ...


August 2017 - August 2018 Case Law On American Indians, Thomas P. Schlosser Dec 2018

August 2017 - August 2018 Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.


Rethinking The Federal Indian Status Test: A Look At The Supreme Court's Classification Of The Freedmen Of The Five Civilized Tribe Of Oklahoma, Clint Summers Dec 2018

Rethinking The Federal Indian Status Test: A Look At The Supreme Court's Classification Of The Freedmen Of The Five Civilized Tribe Of Oklahoma, Clint Summers

American Indian Law Journal

No abstract provided.


The Tribal Franchise: An Expression Of Tribal Sovereignty And A Potential Solution To The Problem Of Mass Disenrollment, Brent Mulvaney Dec 2018

The Tribal Franchise: An Expression Of Tribal Sovereignty And A Potential Solution To The Problem Of Mass Disenrollment, Brent Mulvaney

American Indian Law Journal

No abstract provided.