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1949 Full-Text Articles 1333 Authors 378200 Downloads 87 Institutions

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1949 full-text articles. Page 1 of 41.

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 ...


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 ...


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 ...


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.


A Voice In The Storm: Tribal Consultation In The Wake Of The Sandy Recovery Improvement Act Of 2013, Elizabeth S. Leemon 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, Cindy Campbell 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, Mary Christina Wood 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, Thomas P. Schlosser 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, Dominique R. Scalia 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, Jerry Ford 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, Kristin McCarrey 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, Bree Black Horse 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, Heidi Adams 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, Thomas P. Schlosser 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, Taylor S. Fielding 2017 Seattle University School of Law

Evidence Issues In Indian Law Cases, Taylor S. Fielding

American Indian Law Journal

No abstract provided.


Fishable Waters, Catherine A. O'Neill 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, Caitlin C.M. Smith 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.


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