University of South Dakota School of Law
Australian Centre for Justice Innovation
Rey-Bear McLaughlin, LLP
Michigan State University College of Law
University of Oklahoma College of Law
University of Massachusetts Boston
Miami University, Ohio
Indigenous Rights In The Trump Era,
2017
University of Dayton
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.
Lewis V. Clarke,
2017
Alexander Blewett III School of Law at the University of Montana
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 ...
Witchcraft And Statecraft: Liberal Democracy In Africa,
2017
Cornell Law School
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 ...
Bystander No More? Improving The Federal Response To Sexual Violence In Indian Country,
2017
SJ Quinney College of Law, University of Utah
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,
2017
Osgoode Hall Law School of York University
Fiduciary Obligations And Aboriginal Peoples, Kent Mcneil
Kent McNeil
No abstract provided.
Aboriginal Title And Indigenous Governance: Identifying The Holders Of Rights And Authority,
2017
Osgoode Hall Law School of York University
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 ...
No Connection: The Issue Of Internet On The Reservation,
2017
Concordia University - Portland
No Connection: The Issue Of Internet On The Reservation, Emily S. Donnellan
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,
2017
Seattle University School of Law
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.
Icra Habeas Corpus Relief: A New Habeas Jurisprudence For The Post-Oliphant World?,
2017
University of Michigan Law School
Icra Habeas Corpus Relief: A New Habeas Jurisprudence For The Post-Oliphant World?, Hunter Cox
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,
2017
University of the Pacific McGeorge School of Law
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.
Improving Native American Tribes’ Voice In International Climate Change Negotiations,
2017
Emory University School of Law
Improving Native American Tribes’ Voice In International Climate Change Negotiations, Jin Hyung Lee
American Indian Law Journal
No abstract provided.
Justice Scalia And Tonto Fistfight In Heaven,
2017
Columbia Law School
Justice Scalia And Tonto Fistfight In Heaven, Ray Martin
American Indian Law Journal
No abstract provided.
The Master's Tools: Tribal Sovereignty And Tribal Self-Governance Contracting/Compacting,
2017
University of Wisconsin-Madison
The Master's Tools: Tribal Sovereignty And Tribal Self-Governance Contracting/Compacting, Danielle Delaney
American Indian Law Journal
No abstract provided.
Case Law On American Indians: August 2015—August 2016,
2017
Morisset, Schlosser, Jozwiak & Somerville
Case Law On American Indians: August 2015—August 2016, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
Budding Conflicts: Marijuana's Impact On Unsettled Questions Of Tribal-State Relations,
2017
UC Davis School of Law
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 ...
Bio-Prospecting In The Arctic: An Overview Of The Interaction Between The Rights Of Indigenous Peoples And Access And Benefit Sharing,
2017
University of Barcelona School of Law
Bio-Prospecting In The Arctic: An Overview Of The Interaction Between The Rights Of Indigenous Peoples And Access And Benefit Sharing, Mar Campins Eritja
Boston College Environmental Affairs Law Review
The exploration and exploitation of marine genetic resources for commercial purposes is growing at an unprecedented rate in the Arctic region. Currently, there is no explicit legal framework that governs the participation of Arctic indigenous peoples in this industry or requires that the benefits derived from the scientific use of marine genetic resources are shared with these groups. This Article analyzes to what extent the principles of free, prior, and informed consent and of fair and equitable benefit sharing are considered in relevant international instruments. The United Nations Convention on the Law of the Sea is not sufficient to frame ...
Denying Disgorgement: The Supreme Court’S Refusal To Grant The Crow Tribe Relief,
2017
Boston College Law School
Denying Disgorgement: The Supreme Court’S Refusal To Grant The Crow Tribe Relief, Alex Galliani
Boston College Environmental Affairs Law Review
In Montana v. Crow Tribe of Indians, the United States Supreme Court declined to award the Crow Tribe of Indians disgorgement of coal taxes collected by Montana from a mining company with operations on the Tribe’s reservation. The Supreme Court justified its decision by distinguishing the 1939 Montana Supreme Court case Valley County v. Thomas, referencing the precedent set by Cotton Petroleum Corp. v. New Mexico, and noting that the Tribe lacked the necessary approval to tax from the Department of the Interior. This Comment argues that the Supreme Court should have granted the Tribe full disgorgement, partial disgorgement ...
Tribal Jurisdiction—A Historical Bargain,
2017
University of Maryland Francis King Carey School of Law
Tribal Jurisdiction—A Historical Bargain, Matthew L.M. Fletcher, Leah Jurss
Maryland Law Review
No abstract provided.
Untangling The Court’S Sovereignty Doctrine To Allow For Greater Respect Of Tribal Authority In Addressing Domestic Violence,
2017
University of Maryland Francis King Carey School of Law
Untangling The Court’S Sovereignty Doctrine To Allow For Greater Respect Of Tribal Authority In Addressing Domestic Violence, Lauren Oppenheimer
Maryland Law Review
No abstract provided.
Tsirik - Fold The Leaves So That Others May Be Guided: A Study Of How The Bribri Women Are Preserving Their Culture To Ensure A Sustainable Future For Their Community,
2017
SIT Graduate Institute
Tsirik - Fold The Leaves So That Others May Be Guided: A Study Of How The Bribri Women Are Preserving Their Culture To Ensure A Sustainable Future For Their Community, Emily R. Blau
Capstone Collection
Bananas are one of Costa Rica’s largest exports, along with coffee, palm oil, and cocoa. The banana plantations are large-scale, are most often run by multinational companies, and are considered to be run as enclave economies (Equal Exchange, 2016). This monoculture crop production has been globally accused of human rights abuses said to include, but not be limited to, violating the rights of indigenous people and loss in culture and tradition. For this paper, I studied the effects that large-scale agricultural corporations have on the BriBri, a matriarchal and indigenous group who live on the Caribbean coast of Costa ...
