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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 ...


Putting An End To The Silence: Educating Society About The Canadian Residential School System, Jamie Lee Kuhl 2017 Wilfrid Laurier University

Putting An End To The Silence: Educating Society About The Canadian Residential School System, Jamie Lee Kuhl

Bridges: An Undergraduate Journal of Contemporary Connections

This paper advocates for the increased education of Canadian society regarding the Indian Residential School System. Many Canadian’s tend to be uninformed on the history of the schools and as a result risk subjecting Aboriginal peoples to further harm. The contents of this paper demonstrates by informing all Canadian citizens of the truth regarding the assimilative schools and their enduring legacy on Aboriginal peoples, several benefits can occur. Specifically, through revealing the truth regarding the residential schools, healing becomes possible for victims, over-representation within the criminal justice system can be better understood as well as addressed, and future harm ...


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

Faculty Scholarship

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 ...


Lewis V. Clarke, Lillian M. Alvernaz 2017 Alexander Blewett III School of Law at the University of Montana

Lewis V. Clarke, Lillian M. Alvernaz

Public Land and Resources Law Review

The nation to nation relationship between tribes and the federal government is unique. Within that relationship, the federal government acknowledges and respects tribal sovereignty. An important aspect of sovereignty is sovereign immunity. Lewis v. Clarke confronts the applicability of sovereign immunity through an extension of tribal sovereignty over an employee defendant. After having heard oral argument, the United States Supreme Court could either reaffirm or severely limit the applicability of tribal sovereign immunity to “arms” of a tribe. While the lower court analyzed tribal sovereign immunity by considering the damages sought, the Supreme Court opinion portends to extend far beyond ...


The Indigenous As Alien, Leti Volpp 2017 UC Berkeley Law

The Indigenous As Alien, Leti Volpp

Leti Volpp

No abstract provided.


Pueblo Indian Water Rights: Charting The Unknown, Richard W. Hughes 2017 University of New Mexico

Pueblo Indian Water Rights: Charting The Unknown, Richard W. Hughes

Natural Resources Journal

This article examines the so-far-unsuccessful efforts to judicially define and quantify the water rights appurtenant to the core land holdings of the 19 New Mexico Pueblos, many of whose lands straddle the Rio Grande. It explains that the Tenth Circuit Court of Appeals has squarely held that Pueblo water rights are governed by federal, not state law, and are prior to those of any non-Indian appropriator, but also that the Tenth Circuit acknowledged that it could not say how those rights should be characterized. Part I of the article examines the course of the cases that have sought to achieve ...


Valuing Sacred Tribal Waters Within Prior Appropriation, Michelle Bryan 2017 University of Montana School of Law

Valuing Sacred Tribal Waters Within Prior Appropriation, Michelle Bryan

Natural Resources Journal

Throughout the world water plays a central role in the spirituality of indigenous peoples. Focusing on the American West, this article first describes how tribal water needs touch upon the sacred and then explains how both federal law and state prior appropriation doctrine fail to adequately protect these important sacred views of water. Pivoting away from the classic federal law arguments, the article then advocates for an evolution in state water law regimes to provide yet unrecognized protections for tribal sacred waters. Because international law plays an increasing role in this issue, the article also explores case studies from Ireland ...


Standing Rock Sioux Tribe V. U.S. Army Corps Of Engineers, Jody D. Lowenstein 2017 Alexander Blewett III School of Law at the University of Montana

Standing Rock Sioux Tribe V. U.S. Army Corps Of Engineers, Jody D. Lowenstein

Public Land and Resources Law Review

The Standing Rock Sioux’s effort to enjoin the U.S. Army Corps of Engineers’ permitting of an oil pipeline was stifled by the United States District Court of the District of Columbia. In denying the preliminary injunction, the court held that the Tribe failed to show that the Corps violated the National Historic Preservation Act, and that the Tribe’s belated effort to litigate was futile after failing to participate in the consultation process.


Waiting For Gluskabe: An Examination Of Maine's Colonialist Legacy Suffered By Native American Tribes Under The Maine Indian Claims Settlement Act Of 1980, Joseph G.E. Gousse 2017 University of Maine School of Law

Waiting For Gluskabe: An Examination Of Maine's Colonialist Legacy Suffered By Native American Tribes Under The Maine Indian Claims Settlement Act Of 1980, Joseph G.E. Gousse

Maine Law Review

Legends of the Wabanaki people tell of a mythical demigod named Gluskabe. Immortalized through the cultural traditions of the Wabanaki—from the Mi’kmaq, Abenaki, and Passamaquoddy to the Maliseet and the Penobscot—Gluskabe appears as an integral component of each tribe’s variation of the Creation Myth, as well as numerous other tales and stories. Most prominently, Gluskabe is known for his role in creating the Penobscot River and divining proportion and harmony in the natural world, using his power to reduce the size of the once-giant land animals to establish the first village, legend holds that Gluskabe retired ...


Complexity's Shadow: American Indian Property, Sovereignty, And The Future, Jessica A. Shoemaker 2017 University of Nebraska College of Law

Complexity's Shadow: American Indian Property, Sovereignty, And The Future, Jessica A. Shoemaker

Michigan Law Review

This Article offers a new perspective on the challenges of the modern American Indian land tenure system. While some property theorists have renewed focus on isolated aspects of Indian land tenure, including the historic inequities of colonial takings of Indian lands, this Article argues that the complexity of today’s federally imposed reservation property system does much of the same colonizing work that historic Indian land policies—from allotment to removal to termination—did overtly. But now, these inequities are largely overshadowed by the daunting complexity of the whole land tenure structure. This Article introduces a new taxonomy of complexity ...


The Right To Counsel For Indians Accused Of Crime: A Tribal And Congressional Imperative, Barbara L. Creel 2017 University of New Mexico School of Law

The Right To Counsel For Indians Accused Of Crime: A Tribal And Congressional Imperative, Barbara L. Creel

Barbara L Creel

Native American Indians charged in tribal court criminal proceedings are not entitled to court appointed defense counsel. Under well-settled principles of tribal sovereignty, Indian tribes are not bound by Fifth Amendment due process guarantees or Sixth Amendment right to counsel. Instead, they are bound by the procedural protections established by Congress in the Indian Civil Rights Act of 1968. Under the Indian Civil Rights Act (ICRA), Indian defendants have the right to counsel at their own expense. This Article excavates the historical background of the lack of counsel in the tribal court arena and exposes the myriad problems that it ...


The Alliance Between Payday Lenders And Tribes: Are Both Tribal Sovereignty And Consumer Protection At Risk?, Nathalie Martin, Joshua Schwartz 2017 Selected Works

The Alliance Between Payday Lenders And Tribes: Are Both Tribal Sovereignty And Consumer Protection At Risk?, Nathalie Martin, Joshua Schwartz

Nathalie Martin

No abstract provided.


Akiachak Native Community V. United States Department Of Interior, Lillian M. Alvernaz 2017 Alexander Blewett III School of Law at the University of Montana

Akiachak Native Community V. United States Department Of Interior, Lillian M. Alvernaz

Public Land and Resources Law Review

Alaska Native Tribes have long been classified differently than the federally recognized Indian tribes in the rest of the country. The Akiachak decision contributes to the shifting treatment of Alaska Native Tribes and clarifies their relationship with the federal government. The ability to put land into trust is essential to the protection of generations to come and the exercise of sovereign authority. By enabling Alaska Native tribes the ability to petition to put tribally owned fee land in trust, the DOI promotes and encourages tribal self-governance and empowerment.


Free, Prior, And Informed Consent And Reconciliation In Canada: Proposals To Implement Articles 19 And 32 Of The Un Declaration On The Rights Of Indigenous Peoples, Sasha Boutilier 2017 University of Toronto

Free, Prior, And Informed Consent And Reconciliation In Canada: Proposals To Implement Articles 19 And 32 Of The Un Declaration On The Rights Of Indigenous Peoples, Sasha Boutilier

Western Journal of Legal Studies

Canadian Prime Minister Justin Trudeau has repeatedly promised to meet the Indian Residential School Truth and Reconciliation Commission’s recommendation to implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) as a framework for reconciliation. This commitment is significant as Canada’s position on UNDRIP has been highly contested. In particular, the compatibility of UNDRIP’s Free, Prior, and Informed Consent (FPIC) standard with Canadian law has been repeatedly called into question. This work evaluates the possibility and importance of implementing FPIC in Canada. It begins with an overview of FPIC internationally and of FPIC in relation ...


Consult, Consent, And Veto: International Norms And Canadian Treaties, Shin Imai 2017 Osgoode Hall Law School of York University

Consult, Consent, And Veto: International Norms And Canadian Treaties, Shin Imai

Articles & Book Chapters

Large parts of Canada, from Ontario to parts of British Columbia and north to the Northwest Territories, are covered by the “numbered treaties”, signed between First Nations and the Crown between 1871 and 1929. These treaties provide for the continuation of Indigenous hunting, fishing and harvesting activities until the land is “taken up” by the provincial Crown for activities such as mining, lumbering and settlement. This draft book chapter argues that consent of First Nations should be required before further development that impact on their harvesting rights. The consent standard has already been widely adopted in the private sector both ...


Western Shoshone Treaty Activism, Us Indian Claims Law & Human Rights Violations, Nathan Brien 2017 University of Colorado, Boulder

Western Shoshone Treaty Activism, Us Indian Claims Law & Human Rights Violations, Nathan Brien

Undergraduate Honors Theses

This project follows the treaty-based legal efforts of sisters Mary and Carrie Dann in their fight to assert Western Shoshone land rights against the US government. Beginning with a 1952 claims case before the Indian Claims Commission, the US attempt to make restitutions for the wrongful taking of Western Shoshone lands itself threatened persistent Shoshone treaty rights. The Dann sisters, along with other, self-described Western Shoshone “traditionals”, undertook to reverse the federal liquidation of Shoshone treaty rights, engaging federal claims commissioners, attorneys, and courts along the way. Their legal activism relied heavily on the assertion of sovereign rights under the ...


The Traffic Of Native American Women, Nasrin M. Chaudhry 2017 nc201042

The Traffic Of Native American Women, Nasrin M. Chaudhry

Undergraduate Theses and Professional Papers

No abstract available.


They Were Here First: American Indian Tribes, Race, And The Constitutional Minimum, Sarah Krakoff 2017 University of Colorado Law School

They Were Here First: American Indian Tribes, Race, And The Constitutional Minimum, Sarah Krakoff

Articles

In American law, Native nations (denominated in the Constitution and elsewhere as “tribes”) are sovereigns with a direct relationship with the federal government. Tribes’ governmental status situates them differently from other minority groups for many legal purposes, including equal protection analysis. Under current equal protection doctrine, classifications that further the federal government’s unique relationship with tribes and their members are subject to rationality review. Yet this deferential approach has recently been subject to criticism and is currently being challenged in the courts. Swept up in the larger drift toward colorblind or race-neutral understandings of the Constitution, advocates and commentators ...


Racial Anxieties In Adoption: Reflections On Adoptive Couple, White Parenthood, And Constitutional Challenges To The Icwa, Addie C. Rolnick 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Racial Anxieties In Adoption: Reflections On Adoptive Couple, White Parenthood, And Constitutional Challenges To The Icwa, Addie C. Rolnick

Scholarly Works

The Indian Child Welfare Act (ICWA) is under fire from people who argue that it interferes with adoptions and violates the constitution by doing so. The current crop of lawsuits is an outgrowth of a 2012 case in which the Supreme Court heard its second-ever challenge to the law. While the Court sidestepped the most far-reaching anti-ICWA arguments, the majority opinion evidenced a deep skepticism about the law. This skepticism led the Court to narrow the law’s application so that it didn’t apply to the family involved, and it seemed to invite further challenges to the law.


United States V. Washington, Kirsa Shelkey 2016 University of Montana

United States V. Washington, Kirsa Shelkey

Public Land and Resources Law Review

Pacific Northwest Treaties, now known as the Stevens Treaties, were negotiated in the 1850’s between the U.S. and Indian tribes, including the Suquamish Indian Tribe, Jamestown S'Klallam, Lower Elwha Band of Klallams, Port Gamble Clallam, Nisqually Indian Tribe, Nooksack Tribe, Sauk-Suiattle Tribe, Skokomish Indian Tribe, Squaxin Island Tribe, Stillaguamish Tribe, Upper Skagit Tribe, Tulalip Tribes, Lummi Indian Nation, Quinault Indian Nation, Puyallup Tribe, Hoh Tribe, Confederated Tribes and Bands of the Yakama Indian Nation, Quileute Indian Tribe, Makah Indian Tribe, Swinomish Indian Tribal Community, and the Muckleshoot Indian Tribe (“Tribes”). The Stevens Treaties stated that “the right ...


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