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Implementation Of Indigenous Rights In Russia: Shortcomings And Recent Developments, Alexandra Tomaselli, Anna Koch 2014 Western University

Implementation Of Indigenous Rights In Russia: Shortcomings And Recent Developments, Alexandra Tomaselli, Anna Koch

The International Indigenous Policy Journal

After more than 20 years of active engagement in Indigenous issues, RAIPON, the umbrella organization of the Indigenous peoples of the North, Siberia, and the Far East, was ordered to suspend its activities by the Russian Ministry of Justice in November 2012. Eventually, this order was withdrawn provided that RAIPON changed its statute, which subsequently took place in early 2013. Why such sudden and definitive decisions? Apparently, the measures taken against RAIPON were due to its active engagement to defend Indigenous peoples' rights especially vis-à-vis the Russian extractive industry. A starting point for all possible explanations is thus the existing ...


The U'Wa Struggle To Protect Their Cultural Lands: A Framework For Reviewing Questions Of Sovereignty And The Right To Environmental Integrity For Indigenous Peoples, Jenny R. Culler 2014 University of Georgia School of Law

The U'Wa Struggle To Protect Their Cultural Lands: A Framework For Reviewing Questions Of Sovereignty And The Right To Environmental Integrity For Indigenous Peoples, Jenny R. Culler

Georgia Journal of International & Comparative Law

No abstract provided.


An Era Of Continued Neglect: Assessing The Impact Of Congressional Exemptions For Alaska Natives, Samuel Gottstein 2014 Boston College Law School

An Era Of Continued Neglect: Assessing The Impact Of Congressional Exemptions For Alaska Natives, Samuel Gottstein

Boston College Law Review

Although Native Americans in the contiguous United States have benefited from recent congressional reforms, Alaska Native communities were largely ignored. Despite the widely acknowledged crisis of sexual assault and domestic violence in rural Alaska Native communities, Congress has explicitly exempted Alaska from legislation that would otherwise give people in these communities the ability to protect themselves. Although public outcry has prompted pending legislation in Congress to repeal some of these exemptions, such as the Alaska Safe Families and Villages Act, even that legislation does not go far enough to achieve a permanent and effective solution to what is a life-or-death ...


Citizenship In Red And Yellow: Elk V. Wilkins And United States V. Wong Kim Ark, Bethany Berger 2014 SelectedWorks

Citizenship In Red And Yellow: Elk V. Wilkins And United States V. Wong Kim Ark, Bethany Berger

Bethany Berger

American Indians and ethnic Chinese played outsized roles in the transformation of citizenship in the late nineteenth century, shaping debates and providing patterns as the geographic, racial, and ideological borders of citizenship hardened and the federal role and discretion in policing them expanded. Today, this transformation influences everything from the treatment of children of undocumented immigrants to tribal land, sovereign, and treaty rights to the status of U.S. island territories. This Article examines these changes and what they meant for the individuals and communities involved through the lenses of Elk v. Wilkins and United States v. Wong Kim Ark ...


Tribes And Race: The Court’S Missed Opportunity In Adoptive Couple V. Baby Girl, Christopher Deluzio 2014 Pace University

Tribes And Race: The Court’S Missed Opportunity In Adoptive Couple V. Baby Girl, Christopher Deluzio

Pace Law Review

Part I of this article will provide an overview of the legal doctrines implicated in Adoptive Couple v. Baby Girl. First, Part I will discuss both Indian Child Welfare Act’s text and purpose and scholarly attention given to the law. Second, Part I will examine the law of putative fathers insofar as relevant to understanding ICWA’s application in Adoptive Couple. Part II provides insight into the Court’s equal protection jurisprudence with a particular emphasis on considerations of race in adoption and laws implicating Indian tribes. This Part introduces the limited scholarly treatment afforded to the equal protection ...


A Globally Sustainable Right To Land: Utilizing Real Property To Protect The Traditional Knowledge Of Indigenous Peoples And Local Communities, Jennifer Lynn Zweig 2014 University of Georgia School of Law

A Globally Sustainable Right To Land: Utilizing Real Property To Protect The Traditional Knowledge Of Indigenous Peoples And Local Communities, Jennifer Lynn Zweig

Georgia Journal of International & Comparative Law

No abstract provided.


Fifty Thousand Years Old And Still Fighting For Rights: The Continuing Struggle Of Australia's Indigenous Population, Emily Hart Cobb 2014 University of Georgia School of Law

Fifty Thousand Years Old And Still Fighting For Rights: The Continuing Struggle Of Australia's Indigenous Population, Emily Hart Cobb

Georgia Journal of International & Comparative Law

No abstract provided.


The Breach Of The Common Law Trust Relationship Between The United States And African Americans - A Substantive Right To Reparations, Ayesha B. Hardaway 2014 SelectedWorks

The Breach Of The Common Law Trust Relationship Between The United States And African Americans - A Substantive Right To Reparations, Ayesha B. Hardaway

Ayesha B. Hardaway

Domination and elaborate control of Africans in colonial America, and later the United States, were exerted to provide the requisite framework for the economically profitable Trans-Atlantic slave trade. Proponents of slavery characterized the aims of slavery in pseudo-paternalistic terms to “train” and “civilize[e] the untutored savage.”Even after the formal end of slavery, the U.S. and local governments continued to exercise its domination and elaborate control by enforcing a national system of racial segregation and discrimination. That system of government-sanctioned laws was so pervasive and commonly accepted that it has been personified as “Jim Crow.” As a result ...


The Status And Effect In New Zealand Law Of The Declaration On The Rights Of Indigenous Peoples, Matthew S. R. Palmer QC 2014 SelectedWorks

The Status And Effect In New Zealand Law Of The Declaration On The Rights Of Indigenous Peoples, Matthew S. R. Palmer Qc

Dr Matthew S. R. Palmer

This paper outlines the ways in which the Declaration on the Rights of Indigenous Peoples is reflected in, and affects, New Zealand domestic law.


Born Native, Raised White: The Divide Between Federal And Tribal Jurisdiction With Extra-Tribal Native American Adoption, Christina Lewis 2014 Rutgers School of Law - Newark

Born Native, Raised White: The Divide Between Federal And Tribal Jurisdiction With Extra-Tribal Native American Adoption, Christina Lewis

Christina Lewis

No abstract provided.


Bullshit And The Tribal Client, Matthew L.M. Fletcher 2014 SelectedWorks

Bullshit And The Tribal Client, Matthew L.M. Fletcher

Matthew L.M. Fletcher

No abstract provided.


Aboriginal Peoples And Legal Challenges To Canadian Climate Change Policy, Andrew Stobo Sniderman, Adam Shedletzky 2014 Western University

Aboriginal Peoples And Legal Challenges To Canadian Climate Change Policy, Andrew Stobo Sniderman, Adam Shedletzky

Western Journal of Legal Studies

This article explores two litigation strategies for challenging Canadian climate change policy, both of which involve constitutional rights and Aboriginal peoples. First, the authors argue that Canada’s climate change policies can be challenged as infringements of the section 7 Charter right to security of the person of Canada’s most northerly Aboriginal peoples. Second, they argue that the impact of insufficient carbon emissions regulation on Aboriginal peoples may violate section 35 of the Constitution Act, 1982, which affirms the rights of Canadian Aboriginal peoples. Although the proposed litigation strategies face a number of challenges, the issues are justiciable. Furthermore ...


Denial Of Justice: The Latest Indigenous Land Disputes Before The European Court Of Human Rights And The Need For An Expansive Interpretation Of Protocol 1., Giovanna E. Gismondi 2014 SelectedWorks

Denial Of Justice: The Latest Indigenous Land Disputes Before The European Court Of Human Rights And The Need For An Expansive Interpretation Of Protocol 1., Giovanna E. Gismondi

Giovanna E. Gismondi

Abstract:

This article analyzes the three latest decisions of the European Court of Human Rights concerning indigenous land rights and concludes that the Court affords scant protection to indigenous peoples. By analyzing each case in terms of substantive and procedural law, the challenges indigenous peoples face when pursuing their claims before the Court come into focus. While emphasizing on the current level of protection, the paper makes reference to the European jurisprudence on indigenous land rights. The article argues that the European Court’s narrow interpretation of the "right to peaceful enjoyment of possessions" codified in art. 1, Protocol 1 ...


Pyramid Lake Paiute Tribe Of Indians V. Nevada, Dept. Of Wildlife, David A. Bell 2014 The University of Montana School of Law

Pyramid Lake Paiute Tribe Of Indians V. Nevada, Dept. Of Wildlife, David A. Bell

Public Land and Resources Law Review

In Pyramid Lake Paiute Tribe of Indians v. Nevada, Dept. of Wildlife, the Court of Appeals for the Ninth Circuit upheld a Nevada federal district court decision to vacate the Nevada state engineer’s approval of the transfer of three water applications. While the appeals court recognized the state’s re-watering of wetlands as a “salutary” purpose, it could not allow the engineer’s decision to go forward because it did not meet the legal definition of “irrigation.” The Court made the decision pursuant to two federal court decrees, which resulted from prior actions by the United States to quiet ...


Fencing The Buffalo: Off-Reservation Gaming And Possible Amendments To Section 20 Of The Indian Gaming Regulatory Act, Tess Johnson 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Fencing The Buffalo: Off-Reservation Gaming And Possible Amendments To Section 20 Of The Indian Gaming Regulatory Act, Tess Johnson

UNLV Gaming Law Journal

No abstract provided.


In The Name Of The Child: Race, Gender, And Economics In Adoptive Couple V. Baby Girl, Bethany Berger 2014 SelectedWorks

In The Name Of The Child: Race, Gender, And Economics In Adoptive Couple V. Baby Girl, Bethany Berger

Bethany Berger

On June 25, 2013, the Supreme Court decided Adoptive Couple v. Baby Girl, holding that the Indian Child Welfare Act did not permit the Cherokee father in that case to object to termination of his parental rights. The case is ostensibly about a dispute between prospective adoptive parents and a biological father. This Article demonstrates that it is about a lot more than that. It is a microcosm of anxieties about Indian-ness, race, and the changing nature of parenthood. While made in the name of the child, moreover, the decision supports practices and policies that do not forward and may ...


Implementing The Policy Of The U.N. Declaration On The Rights Of Indigenous Peoples, Roxanne T. Ornelas 2014 Western University

Implementing The Policy Of The U.N. Declaration On The Rights Of Indigenous Peoples, Roxanne T. Ornelas

The International Indigenous Policy Journal

On September 13, 2007, the United Nations General Assembly voted to adopt the Declaration on the Rights of Indigenous Peoples (UNDRIP). This was an historic event as work on UNDRIP had been ongoing for 30 years before its passage. Today, UNDRIP provides a framework for addressing human rights protections for Indigenous peoples globally. This article examines the significance of UNDRIP as a public policy tool for developing national policy to support future resource and land management consultations that are based on free, prior, and informed consent.


The Recognition Of Indigenous Peoples’ Land: Application Of The Customary Land Rights Model On The Bedouin Case, Morad Elsana 2014 SelectedWorks

The Recognition Of Indigenous Peoples’ Land: Application Of The Customary Land Rights Model On The Bedouin Case, Morad Elsana

Morad Elsana

ABSTRACT

This paper introduces new possibilities for the recognition of Bedouin land in Israel. It shows that the application of the prevalent methods of indigenous land recognition is possible in the Bedouin case, and it would bring legal recognition of Bedouin land rights.

The paper first presents the recognition of indigenous peoples land right in Canada, Australia, and other countries, while concentrating on the native title doctrine and the adoption of indigenous customary law. It shows how many colonial legal systems eventually discovered that their judicial systems included principles that recognize indigenous customary land rights. The application of such principles ...


Criminal Justice In Indian Country, M. Alexander Pearl 2014 Florida International University College of Law

Criminal Justice In Indian Country, M. Alexander Pearl

Faculty Publications

This Article examines the role played by different enacted legislation on California’s Indian tribes criminal justice system. For centuries, tribal governments were the only entities with criminal jurisdiction in Indian Country. In 1883, the Supreme Court in Ex parte Kan-Gi-Shun-Ka (Ex parte Crow Dog) confirmed that a crime committed by an Indian against another Indian did not give rise to federal jurisdiction. In response, Congress passed the Major Crimes Act, granting federal authorities the power to investigate, enforce, and prosecute certain crimes occurring in Indian Country. The federal statutes creating federal jurisdiction did not preclude tribal jurisdiction, but states ...


Born Native, Raised White: The Divide Between Federal And Tribal Jurisdiction With Extra-Tribal Native American Adoption, Christina Lewis 2014 Rutgers School of Law - Newark

Born Native, Raised White: The Divide Between Federal And Tribal Jurisdiction With Extra-Tribal Native American Adoption, Christina Lewis

Christina Lewis

No abstract provided.


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