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Indian and Aboriginal Law Commons

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All Articles in Indian and Aboriginal Law

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8,498 full-text articles. Page 1 of 50.

The Seminole Water Rights Compact And The Seminole Indian Land Claims Settlement Act Of 1987, Jim Shore, Jerry C. Straus 2018 Florida State University College of Law

The Seminole Water Rights Compact And The Seminole Indian Land Claims Settlement Act Of 1987, Jim Shore, Jerry C. Straus

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


An Indian Site-Specific Religious Claim Again Trips Over Judeo-Christian Stumbling Blocks (Lyng V. Northwest Indian Cemetery Protective Association, 108 S. Ct. 1319 (1988))., Anita Clark Pryor, Gypsy Cowherd Bailey 2018 Florida State University College of Law

An Indian Site-Specific Religious Claim Again Trips Over Judeo-Christian Stumbling Blocks (Lyng V. Northwest Indian Cemetery Protective Association, 108 S. Ct. 1319 (1988))., Anita Clark Pryor, Gypsy Cowherd Bailey

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


The Bald Eagle, The Florida Panther And The Nation's Word: An Essay On The "Quiet" Abrogation Of Indian Treaties And The Proper Reading Of United States V. Dion, Robert Laurence 2018 University of Arkansas School of Law

The Bald Eagle, The Florida Panther And The Nation's Word: An Essay On The "Quiet" Abrogation Of Indian Treaties And The Proper Reading Of United States V. Dion, Robert Laurence

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Indian Fishing Rights: A Lost Opportunity For Ecosystem Management, Martin H. Belsky 2018 University of Tulsa College of Law

Indian Fishing Rights: A Lost Opportunity For Ecosystem Management, Martin H. Belsky

Florida State University Journal of Land Use and Environmental Law

This Article targets the problem of depletion of salmon and steelhead fisheries in the Northwest United States. The Article provides a brief overview of the Sohappy v. Smith and United States v. Washington decisions, which promoted regulation and conservation of these fisheries. Next, the Article discusses the Ecosystem Management Model, which these courts declined to adopt. Additionally, a description of the legislative measures taken in response to these two cases is provided. The Article concludes that adoption of an ecosystem management approach to fisheries management is essential to the future well-being of the fisheries in the Northwest United States.


Commercial Hazardous Waste Projects In Indian Country: An Opportunity For Tribal Economic Development Through Land Use Planning, Robert Sitkowski 2018 Florida State University College of Law

Commercial Hazardous Waste Projects In Indian Country: An Opportunity For Tribal Economic Development Through Land Use Planning, Robert Sitkowski

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Chapter 8: Indigenous Belonging: Membership And Identity In The Undrip: Articles 9, 33, 35, And 36, Shin Imai, Kathryn Gunn 2018 Osgoode Hall Law School of York University

Chapter 8: Indigenous Belonging: Membership And Identity In The Undrip: Articles 9, 33, 35, And 36, Shin Imai, Kathryn Gunn

Shin Imai

The recognition of Indigenous peoples' right to determine their own membership is crucial for their ability to meaningfully exercise their right to self-determination. The Declaration addresses rights of membership directly in Article 9 (right to belong), 33 (right to determine membership), 35 (right to determine responsibilities of members), and 36 (right to maintain relations across borders). Together, these provisions reinforce the right of Indigenous peoples to define themselves, both in terms of membership and geographic scope.


A View From American Courts: The Year In Indian Law 2017, Grant Christensen 2018 Seattle University School of Law

A View From American Courts: The Year In Indian Law 2017, Grant Christensen

Seattle University Law Review

This Article provides a comprehensive review of Indian law for 2017. It does not include a citation to every case related to Indian law issued by the courts but tries to incorporate the majority of opinions into its catalog to provide a robust discussion of the changes in Indian law over the course of 2017. Part I of this Article provides some general statistics about Indian law in 2017. Part II focuses on activity at the U.S. Supreme Court, which is the most watched forum for Indian law cases for obvious reasons. Part III groups cases by subject area ...


The State, The Tribe, And The Ugly: The Ninth Circuit Stakes A Bad Claim On Indian Land For Tribal Civil Jurisdiction Over Nonmembers In Window Rock Unified School District V. Reeves, Tyler L. Murphy 2018 Villanova University Charles Widger School of Law

The State, The Tribe, And The Ugly: The Ninth Circuit Stakes A Bad Claim On Indian Land For Tribal Civil Jurisdiction Over Nonmembers In Window Rock Unified School District V. Reeves, Tyler L. Murphy

Villanova Law Review

No abstract provided.


Indian Nations And The Constitution, Joseph William Singer 2018 University of Maine School of Law

Indian Nations And The Constitution, Joseph William Singer

Maine Law Review

This Constitution Day speech focuses on how the Constitution has been interpreted both to protect and to undermine the sovereignty of Indian nations. The good news is that both the text of the Constitution and the practice of the United States have recognized Indian nations as sovereigns who pre-existed the creation of the United States and who retain their inherent original sovereignty. The bad news is that the Constitution has often been interpreted by the Supreme Court to deny Indian nations protection for their property rights and their sovereignty. Most Americans are not aware of the history of interactions between ...


Tribal Exclusion Authority: Its Sovereign Basis With Recommendations For Federal Support, Jeremy Wood 2018 Seattle University School of Law

Tribal Exclusion Authority: Its Sovereign Basis With Recommendations For Federal Support, Jeremy Wood

American Indian Law Journal

No abstract provided.


Cdib: The Role Of The Certificate Of Degree Of Indian Blood In Defining Native American Legal Identity, Paul Spruhan 2018 Navajo Nation Department of Justice

Cdib: The Role Of The Certificate Of Degree Of Indian Blood In Defining Native American Legal Identity, Paul Spruhan

American Indian Law Journal

No abstract provided.


Native American Rights & Adoption By Non-Indian Families: The Manipulation And Distortion Of Public Opinion To Overthrow Icwa, Harman Bual 2018 Seattle University School of Law

Native American Rights & Adoption By Non-Indian Families: The Manipulation And Distortion Of Public Opinion To Overthrow Icwa, Harman Bual

American Indian Law Journal

No abstract provided.


August 2016 - August 2017 Case Law On American Indians, Thomas P. Schlosser 2018 Seattle University School of Law

August 2016 - August 2017 Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.


Indian Child Welfare Act Annual Case Law Update And Commentary, Kathryn Fort, Adrian T. Smith 2018 Michigan State University College of Law

Indian Child Welfare Act Annual Case Law Update And Commentary, Kathryn Fort, Adrian T. Smith

American Indian Law Journal

There are, on average, 200 appellate cases addressing the Indian Child Welfare Act (ICWA) annually—though this number includes published and unpublished opinions. There are usually around thirty reported state appellate court cases involving ICWA issues every year. There has never been a systematic look at the cases on appeal including an analysis of who is appealing, what the primary issues are on appeal, and what trends are present. This article seeks to fill that void.

This article provides a comprehensive catalog of published ICWA jurisprudence from across all fifty states in 2017. Designed as a quick reference for the ...


I See You - A Story From The Haudenosaunee, Simone Anter J.D. 2018 Columbia Riverkeeper

I See You - A Story From The Haudenosaunee, Simone Anter J.D.

American Indian Law Journal

A young Apache woman sits on a bench outside of her university classroom; next to her is a stack of law books. She has just come from the first day of her first-year property class, where the professor lectured about the origins of property law devoid of any mention of Native people. As she sits she notices an individual walking along the sidewalk, towards her. This person wears a baseball hat with the Washington Redskins’ logo embellished on the front, a grotesque caricature of an “Indian.” The person’s attire includes a T-shirt featuring a skull wearing a feathered headdress ...


Congressional Power And Sovereignty In Indian Affairs, Michalyn Steele 2018 SJ Quinney College of Law, University of Utah

Congressional Power And Sovereignty In Indian Affairs, Michalyn Steele

Utah Law Review

The doctrine of inherent tribal sovereignty—that tribes retain aboriginal sovereign governing power over people and territory—is under perpetual assault. Despite two centuries of precedential foundation, the doctrine must be defended afresh with each attack. Opponents of the doctrine of tribal sovereignty express skepticism of the doctrine, suggesting that tribal sovereignty is a nullity because it is not unfettered. Some pay lip service to the doctrine while undermining tribes in their exercise of inherent sovereignty. Underlying many of these legal fights is confusion about both the nature of tribal sovereignty and the justifications for its continuing existence. Under current ...


The Negative Effects Of Confusion Over Collateral Agreements Under The Indian Gaming Regulatory Act: Which Agreements Need Review?, Matthew D. Craig 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Negative Effects Of Confusion Over Collateral Agreements Under The Indian Gaming Regulatory Act: Which Agreements Need Review?, Matthew D. Craig

UNLV Gaming Law Journal

No abstract provided.


Navajo Nation V. Department Of The Interior, Jaclyn R. Van Natta 2018 Alexander Blewett III School of Law at the University of Montana

Navajo Nation V. Department Of The Interior, Jaclyn R. Van Natta

Public Land and Resources Law Review

In Navajo Nation v. Department of the Interior, the Navajo Nation challenged the Department of the Interior’s 2001 and 2008 water allocation guidelines and asserted that under NEPA and the APA the guidelines violated the Navajo Nation’s water rights. The Navajo Nation also asserted a breach of trust claim against the United States. After nearly a decade of attempted settlement negotiations, the Navajo Nation reasserted its complaints. The District Court for the District of Arizona denied the Navajo Nation’s motions, and the Navajo Nation appealed to the Ninth Circuit Court of Appeals, which determined the Navajo Nation ...


The Unseen Harm: U.S.-Indian Relations & Tribal Sovereignty, George Emmons 2018 Golden Gate University School of Law

The Unseen Harm: U.S.-Indian Relations & Tribal Sovereignty, George Emmons

Golden Gate University Law Review

This article explores tribal sovereignty through the lens of the Standing Rock Sioux and its opposition to the DAPL. The DAPL situation is a symptom of the larger problem of a lack of tribal consultation, which diminishes tribal sovereignty and tribal rights.

Part I discusses the history of tribal sovereignty through an explanation of the domestic dependent status of Indian tribes and the two historic canons of Indian treaty interpretation. The Court’s interpretation and application of these canons in the cases of Winters, Dion, and Bourland have a direct relation to the amount of protection given to Indian tribes ...


The Heart Of K'E: Transforming Dine Special Education And Unsettling The Colonial Logics Of Disability, Sandra Yellowhorse 2018 University of New Mexico

The Heart Of K'E: Transforming Dine Special Education And Unsettling The Colonial Logics Of Disability, Sandra Yellowhorse

American Studies ETDs

This paper takes up the roles of ideology and spatiality as they impact Diné students and learners in understanding conceptions of normativity, neuro-diversity and bodily variance. I am concerned with how the movement and creation of Indigenous schools and their praxis still maintain and often times produce settler colonial ideologies of being, personhood, difference and ability. I illustrate the challenges that Diné planners and educators face in entrenching cultural knowledge and language into their educational initiatives, while some of the problematic manifestations and expressions of normativity present themselves through state polices, federal law and mainstream curriculum.

I focus on the ...


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