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2031 Full-Text Articles 1378 Authors 455147 Downloads 88 Institutions

All Articles in Indian and Aboriginal Law

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2031 full-text articles. Page 1 of 43.

Indigenous Rights In The Trump Era, Tereza M. Szeghi 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.


Fiduciary Obligations And Aboriginal Peoples, Kent McNeil 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, Kent McNeil 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, Emily S. Donnellan 2017 Concordia University - Portland

No Connection: The Issue Of Internet On The Reservation, Emily S. Donnellan

American Indian Law Journal

No abstract provided.


Icra Habeas Corpus Relief: A New Habeas Jurisprudence For The Post-Oliphant World?, Hunter Cox 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.


The Master's Tools: Tribal Sovereignty And Tribal Self-Governance Contracting/Compacting, Danielle Delaney 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.


Swinomish Indian Tribal Community V. Bnsf Railway Co. And Its Effect On Litigation Challenging Bia’S New Rights-Of-Way Regulations, Kaelen Brodie 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.


Imaginary Lines, Real Consequences: The Effect Of The Militarization Of The United States-Mexico Border On Indigenous Peoples, Joseph Kowalski 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, Jin Hyung Lee 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, Ray Martin 2017 Columbia Law School

Justice Scalia And Tonto Fistfight In Heaven, Ray Martin

American Indian Law Journal

No abstract provided.


Case Law On American Indians: August 2015—August 2016, Thomas P. Schlosser 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, Katherine J. Florey 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, Mar Campins Eritja 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, Alex Galliani 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, Matthew L.M. Fletcher, Leah Jurss 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, Lauren Oppenheimer 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, Emily R. Blau 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 ...


What The Future Holds: The Changing Landscape Of Federal Indian Policy, Kevin Washburn 2017 University of New Mexico

What The Future Holds: The Changing Landscape Of Federal Indian Policy, Kevin Washburn

Kevin Washburn

Since first described by Chief Justice John Marshall, the United States has been deemed to have a moral and legal “trust responsibility” to the American Indian tribal nations that gave way so that the United States could exist. For nearly two centuries, the trust responsibility reflected a paternalistic view toward Indian tribes. As the United States has developed a more enlightened policy characterized by greater respect for “tribal self-governance,” tribal governments have experienced a renaissance. Federal policy has moved away from federal control and toward tribal empowerment. As a result, the trust responsibility’s paternalistic features have come to seem ...


Respecting The “Guardians Of Nature:” Chile’S Violations Of The Diaguita Indigenous People’ Environmental And Human Rights And The Need To Enforce Obligations To Obtain Free, Prior, And Informed Consent, Cynthia Vel 2017 Seattle University School of Law

Respecting The “Guardians Of Nature:” Chile’S Violations Of The Diaguita Indigenous People’ Environmental And Human Rights And The Need To Enforce Obligations To Obtain Free, Prior, And Informed Consent, Cynthia Vel

American Indian Law Journal

No abstract provided.


Preservation Over Profits: The Conflicting Interest Of Hickory Ground And Exploring Options For Preserving The Sacred Parcel, Ashley Ray 2017 Seattle University School of Law

Preservation Over Profits: The Conflicting Interest Of Hickory Ground And Exploring Options For Preserving The Sacred Parcel, Ashley Ray

American Indian Law Journal

No abstract provided.


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