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Forfeiting Federalism: The Faustian Pact With Big Tobacco, Ryan Dreveskracht 2015 SelectedWorks

Forfeiting Federalism: The Faustian Pact With Big Tobacco, Ryan Dreveskracht

Ryan Dreveskracht

This article discusses the effects of the largest legal settlement in United States history: the so-called Master Settlement Agreement, or “MSA.” Part I discusses the settlement generally, and its intended effect on the U.S. tobacco market. Parts II through IV discuss the unintended consequences of the settlement. Specifically, Part II considers how states got into their current disarray, and how a perceived state windfall of billions of dollars ended up putting states on what by all accounts now appears to be very real risk of insolvency. Part III examines how the major tobacco companies are using the states’ dire ...


Two Hundred Years On: A Reexamination Of The Acquisition Of Australia, Nii Lante Wallace-Bruce 2014 University of Georgia School of Law

Two Hundred Years On: A Reexamination Of The Acquisition Of Australia, Nii Lante Wallace-Bruce

Georgia Journal of International & Comparative Law

No abstract provided.


The Cross-Fertilization Of Human Rights Norms And Indigenous Peoples In Africa: From Endorois And Beyond, Derek M K Inman 2014 Western University

The Cross-Fertilization Of Human Rights Norms And Indigenous Peoples In Africa: From Endorois And Beyond, Derek M K Inman

The International Indigenous Policy Journal

Beginning in the 20th century, international law expanded beyond law between nations to eventually embrace the concept of human rights. However, until recently, human rights efforts were focused mostly on individuals, their rights and the obligations of the state in question. Indigenous peoples, on the other hand, have always articulated their collective rights and, to their credit, achieved notable success.

While there is no doubt that these achievements should be applauded, what is also of interest, and deserves further study, are the ways in which human rights jurisprudence concerning Indigenous peoples’ collective rights intermingle, cross-fertilize, and integrate. This dynamic relationship ...


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.


Getches Wilkinson Center Newsletter, Fall 2014, University of Colorado Boulder. Getches Wilkinson Center for Natural Resources, Energy, and the Environment 2014 University of Colorado Law School

Getches Wilkinson Center Newsletter, Fall 2014, 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.


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.


American Blood: Who Is Counting And For What?, Gerald Torres 2014 Cornell Law Library

American Blood: Who Is Counting And For What?, Gerald Torres

Cornell Law Faculty Publications

When thinking about "who counts," I initially titled this Essay: "Who is Counting and for What?" I wanted to highlight the role that power necessarily plays in the very asking of the question. It presumes a perspective, and interrogating that perspective can only occur if the second part of the question is answered. Because race has always played a critical role in our culture from the very beginning, I wanted to explore one of the many ways it has been deployed to justify a particular expression of power. The story virtually every American learns is the story of the inevitable ...


Subaltern Voices In The Trail Of Tears: Cognition And Resistance Of The Cherokee Nation To Removal In Building American Empire, Kenneth M. Casebeer 2014 University of Miami Law School

Subaltern Voices In The Trail Of Tears: Cognition And Resistance Of The Cherokee Nation To Removal In Building American Empire, Kenneth M. Casebeer

University of Miami Race & Social Justice Law Review

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 ...


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.


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