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Articles 1 - 10 of 10
Full-Text Articles in Law and Race
Not Yet America's Best Idea: Law, Inequality, And Grand Canyon National Park, Sarah Krakoff
Not Yet America's Best Idea: Law, Inequality, And Grand Canyon National Park, Sarah Krakoff
Publications
Even the nation’s most cherished and protected public lands are not spaces apart from the workings of law, politics, and power. This Essay explores that premise in the context of Grand Canyon National Park. On the occasion of the Park’s 100th Anniversary, it examines how law — embedded in a political economy committed to rapid growth and development in the southwestern United States — facilitated the violent displacement of indigenous peoples and entrenched racialized inequalities in the surrounding region. It also explores law’s shortcomings in the context of sexual harassment and discrimination within the Park. The Essay concludes by suggesting …
Public Lands, Conservation, And The Possibility Of Justice, Sarah Krakoff
Public Lands, Conservation, And The Possibility Of Justice, Sarah Krakoff
Publications
On December 28, 2016, President Obama issued a proclamation designating the Bears Ears National Monument pursuant to his authority under the Antiquities Act of 1906, which allows the President to create monuments on federal public lands. Bears Ears, which is located in the heart of Utah’s dramatic red rock country, contains a surfeit of ancient Puebloan cliff-dwellings, petroglyphs, pictographs, and archeological artifacts. The area is also famous for its paleontological finds and its desert biodiversity. Like other national monuments, Bears Ears therefore readily meets the statutory objective of preserving “historic and prehistoric structures, and other objects of historic or scientific …
Indigenous Law And Its Contribution To Global Pluralism, James Anaya
Indigenous Law And Its Contribution To Global Pluralism, James Anaya
Publications
No abstract provided.
Keynote Address: Indigenous Peoples And Their Mark On The International Legal System, S. James Anaya
Keynote Address: Indigenous Peoples And Their Mark On The International Legal System, S. James Anaya
Publications
No abstract provided.
The Current State Of International Law, S. James Anaya
The Current State Of International Law, S. James Anaya
Publications
No abstract provided.
Divergent Discourses About International Law, Indigenous Peoples, And Rights Over Lands And Natural Resources: Toward A Realist Trend, S. James Anaya
Divergent Discourses About International Law, Indigenous Peoples, And Rights Over Lands And Natural Resources: Toward A Realist Trend, S. James Anaya
Publications
In this article renowned scholar S. James Anaya analyzes the divergent assessments of international law's treatment of indigenous peoples' demands to lands and natural resources. The author explores several strains of arguments that have been advanced within this debate, including state-centered arguments and human rights-based arguments. The author also examines the shortcomings of recurring interpretive approaches to international law that consider indigenous peoples' rights to land and resources. From this analysis the author identifies a more promising approach within the human rights framework--which he describes as a realist approach--that focuses on the confluence of values, power, and change. The author …
Land Of Fire, Land Of Conquest: The Colorado Plateau And Some Questions For Its Future, Charles F. Wilkinson
Land Of Fire, Land Of Conquest: The Colorado Plateau And Some Questions For Its Future, Charles F. Wilkinson
Publications
No abstract provided.
To Feel The Summer In The Spring: The Treaty Fishing Rights Of The Wisconsin Chippewa, Charles F. Wilkinson
To Feel The Summer In The Spring: The Treaty Fishing Rights Of The Wisconsin Chippewa, Charles F. Wilkinson
Publications
In this Article, adapted from his Oliver Rundell Lecture delivered at the University of Wisconsin Law School in April 1990, Professor Charles Wilkinson explores the historical and contemporary conflict arising out of the Chippewa people's assertion of nineteenth century treaty fishing rights. A key to comprehending the Chippewa's position is a realization that they are governments whose sovereign rights predate the United States Constitution and are preserved in federal treaties and statutes. The Chippewa's survival as a people depends upon a recognition of their sovereign prerogatives, an understanding of their history, a respect for their dignity and a just application …
The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson
The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson
Publications
No abstract provided.
Book Review, David Getches