University of Nevada, Las Vegas -- William S. Boyd School of Law
University of Massachusetts Boston
University of South Dakota School of Law
William & Mary Law School
University of Oklahoma College of Law
Georgetown University Law Center
University of Saskatchewan
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 ...
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 ...
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 ...
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 ...
What The Future Holds: The Changing Landscape Of Federal Indian Policy,
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,
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,
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.
A Voice In The Storm: Tribal Consultation In The Wake Of The Sandy Recovery Improvement Act Of 2013,
2017
Seattle University School of Law
A Voice In The Storm: Tribal Consultation In The Wake Of The Sandy Recovery Improvement Act Of 2013, Elizabeth S. Leemon
American Indian Law Journal
No abstract provided.
“Give Them A Dam Break!” Protecting The Ngäbe Buglé Community Of Panama With Clean Development Mechanism Safeguards To Promote Culturally Sensitive Development,
2017
Seattle University School of Law
“Give Them A Dam Break!” Protecting The Ngäbe Buglé Community Of Panama With Clean Development Mechanism Safeguards To Promote Culturally Sensitive Development, Cindy Campbell
American Indian Law Journal
No abstract provided.
Tribal Trustees In Climate Crisis,
2017
Seattle University School of Law
Tribal Trustees In Climate Crisis, Mary Christina Wood
American Indian Law Journal
No abstract provided.
August 2012 – August 2013 Case Law On American Indians,
2017
Seattle University School of Law
August 2012 – August 2013 Case Law On American Indians, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
I’Ll Take The Benefits If You Pay The Costs: Weighing The Equities Of Public And Private Funding Sources For Hydroelectric Dam Decommissioning,
2017
Seattle University School of Law
I’Ll Take The Benefits If You Pay The Costs: Weighing The Equities Of Public And Private Funding Sources For Hydroelectric Dam Decommissioning, Dominique R. Scalia
American Indian Law Journal
No abstract provided.
Tribal Family Law Clients: A Practitioner’S Guide To Best Serve Your Client In Child Support Proceedings,
2017
Seattle University School of Law
Tribal Family Law Clients: A Practitioner’S Guide To Best Serve Your Client In Child Support Proceedings, Jerry Ford
American Indian Law Journal
No abstract provided.
Alaska Natives: Possessing Inherent Rights To Self-Governance And Self-Governing From Time Immemorial To Present Day,
2017
Seattle University School of Law
Alaska Natives: Possessing Inherent Rights To Self-Governance And Self-Governing From Time Immemorial To Present Day, Kristin Mccarrey
American Indian Law Journal
No abstract provided.
The Risks And Benefits Of Tribal Payday Lending To Tribal Sovereign Immunity: Tribal Payday Lending Enterprises Are Immune Under A Proposed Universal Arm Of The Tribe Test,
2017
Seattle University School of Law
The Risks And Benefits Of Tribal Payday Lending To Tribal Sovereign Immunity: Tribal Payday Lending Enterprises Are Immune Under A Proposed Universal Arm Of The Tribe Test, Bree Black Horse
American Indian Law Journal
No abstract provided.
Sovereignty, Safety, And Sandy: Tribal Governments Gain (Some) Equal Standing Under The Hurricane Sandy Relief Act,
2017
Seattle University School of Law
Sovereignty, Safety, And Sandy: Tribal Governments Gain (Some) Equal Standing Under The Hurricane Sandy Relief Act, Heidi Adams
American Indian Law Journal
No abstract provided.
August 2011 - August 2012 Case Law On American Indians,
2017
Seattle University School of Law
August 2011 - August 2012 Case Law On American Indians, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
Evidence Issues In Indian Law Cases,
2017
Seattle University School of Law
Evidence Issues In Indian Law Cases, Taylor S. Fielding
American Indian Law Journal
No abstract provided.
Fishable Waters,
2017
Seattle University School of Law
Fishable Waters, Catherine A. O'Neill
American Indian Law Journal
No abstract provided.
The Jay Treaty Free Passage Right In Theory And Practice,
2017
Seattle University School of Law
The Jay Treaty Free Passage Right In Theory And Practice, Caitlin C.M. Smith
American Indian Law Journal
No abstract provided.
