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Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Conceptions Of Sovereignty, Paul Hansen 2019 Western University

Conceptions Of Sovereignty, Paul Hansen

Master of Studies in Law Research Papers Repository

This paper explores conceptions of sovereignty held by Canada’s Indigenous and Western cultures. It seeks to determine what sovereignty entails and how the Crown- Indigenous relationship is affected by the judgments of Canada’s courts. The study makes no attempt to compare the relative merits of Indigenous and Western sovereignty conceptions. Similarly, it does not examine nor attempt to reconcile sovereignty-related tensions that may exist between the Crown and Indigenous peoples.

The research is framed by a two-part question: (1) What are the defining characteristics of Indigenous and Western conceptions of sovereignty; and (2) what impact do the sovereignty-related ...


Wildearth Guardians V. United States Bureau Of Land Management, Seth Sivinski 2019 University of Montana School of Law

Wildearth Guardians V. United States Bureau Of Land Management, Seth Sivinski

Public Land & Resources Law Review

In WildEarth Guardians v. U.S. BLM, the District Court of Colorado showed that economic and developmental uncertainty is an area where agencies are given broad discretion in deciding whether an impact is reasonably foreseeable and requires a further conformity analysis under the Clean Air Act. This case exemplifies the tactical limitation of using climate change and the science around it to force greater analysis of projects undertaken by federal agencies. However, the court presented a potential roadmap for successful future challenges.


Solenex Llc V. Jewell, F. Aaron Rains 2019 Alexander Blewett III School of Law at the University of Montana

Solenex Llc V. Jewell, F. Aaron Rains

Public Land & Resources Law Review

In Solenex LLC v. Jewell, the Secretary of the Interior cancelled a highly contentious oil and gas lease in Montana’s Badger-Two Medicine area, an environmentally sensitive and culturally significant area to the Blackfeet Tribe, nearly thirty years after the lease had been issued. Solenex, a Louisiana based oil and gas company and holder of the lease, brought this action to enjoin the cancellation. The District Court for the District of Columbia agreed with Solenex and found that the Secretary’s decision took an unreasonable amount of time and violated good-faith contractual obligations. On these grounds, the court found the ...


Massachusetts Lobstermen’S Association V. Ross, Daniel Brister 2019 Alexander Blewett III School of Law at the University of Montana

Massachusetts Lobstermen’S Association V. Ross, Daniel Brister

Public Land & Resources Law Review

President Obama established the first––and only––national monument in the Atlantic Ocean on September 15, 2016. Located 130 miles southeast of Cape Cod, Massachusetts, and comprised of 4,913 square miles of marine ecosystems rich in biodiversity, the protected area includes four underwater mountains and three submarine canyons. Plaintiff commercial lobster and fishing associations, seeking to overturn the designation, asserted that the Antiquities Act does not permit a president to establish marine national monuments. The U.S. District Court for the District of Columbia disagreed, upholding a president’s authority to protect offshore areas and vast ecosystems as objects ...


The Tribal Franchise: An Expression Of Tribal Sovereignty And A Potential Solution To The Problem Of Mass Disenrollment, Brent Mulvaney 2018 Seattle University School of Law

The Tribal Franchise: An Expression Of Tribal Sovereignty And A Potential Solution To The Problem Of Mass Disenrollment, Brent Mulvaney

American Indian Law Journal

No abstract provided.


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

August 2017 - August 2018 Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.


Rethinking The Federal Indian Status Test: A Look At The Supreme Court's Classification Of The Freedmen Of The Five Civilized Tribe Of Oklahoma, Clint Summers 2018 University of Tulsa College of Law

Rethinking The Federal Indian Status Test: A Look At The Supreme Court's Classification Of The Freedmen Of The Five Civilized Tribe Of Oklahoma, Clint Summers

American Indian Law Journal

No abstract provided.


The Colourful Truth: The Reality Of Indigenous Overrepresentation In Juvenile Detention In Australia And The United States, Rachel Thampapillai 2018 University of California, Berkeley

The Colourful Truth: The Reality Of Indigenous Overrepresentation In Juvenile Detention In Australia And The United States, Rachel Thampapillai

American Indian Law Journal

No abstract provided.


Tribal Tools & Legal Levers For Halting Fossil Fuel Transport & Exports Through The Pacific Northwest, Mary Christina Wood 2018 University of Oregon

Tribal Tools & Legal Levers For Halting Fossil Fuel Transport & Exports Through The Pacific Northwest, Mary Christina Wood

American Indian Law Journal

As alarming scientific predictions crystallize into the realities of today’s climate crisis, tribal communities in the Pacific Northwest find themselves on the front lines of a global assault launched by the fossil fuel industry. Encouraged by President Trump’s declaration of intent to unleash $50 trillion of America’s domestic fossil fuels, corporations push for massive expansion of the nation’s fossil fuel infrastructure—even as the world races towards irrevocable climate thresholds. The unprecedented onslaught hinges on the Pacific Northwest as a key link in a global market scheme. The coastal region sits as a proposed industrial gateway ...


Crow Indian Tribe V. United States, Hallee Kansman 2018 Alexander Blewett III School of Law at the University of Montana

Crow Indian Tribe V. United States, Hallee Kansman

Public Land & Resources Law Review

The protection status of the Greater Yellowstone grizzly bear continues to elicit debate and find its way into the courtroom. In Crow Indian Tribe v. United States, for the second time in the last decade, a court held the Service’s attempt to delist the Yellowstone Grizzly arbitrary and capricious. Specifically, the court found the Service’s evaluation of remnant populations, recalibration, and genetic health deficient. This case demonstrates the importance in and the resilient motivation behind preserving grizzly bear populations and genetics. As the practice of delisting a species under the Endangered Species Act continues, this case will provide ...


I Could Turn You To Stone: Indigenous Blockades In An Age Of Climate Change, Patrick C. Canning 2018 Vancouver Island University / private practice lawyer

I Could Turn You To Stone: Indigenous Blockades In An Age Of Climate Change, Patrick C. Canning

The International Indigenous Policy Journal

Indigenous Peoples in Canada and around the world have, for years, used blockades and direct action when alternative means of asserting their rights have failed. The Secwépemc First Nation of British Columbia, Canada, has a myth where a character, Sk’elép, encounters strangers who try to “transform” him, but fail. He tells them he could turn them to stone, but he will not. This myth is used as a lens to reflect, from a settler perspective, on the potential for future Indigenous-led blockades, which could reach the point of mass economic shutdowns, in response to a lack of action on ...


Brackeen V. Zinke, Bradley E. Tinker 2018 University of Montana

Brackeen V. Zinke, Bradley E. Tinker

Public Land & Resources Law Review

In 1978, Congress enacted the Indian Child Welfare Act to counter practices of removing Indian children from their homes, and to ensure the continued existence of Indian tribes through their children. The law created a framework establishing how Indian children are adopted as a way to protect those children and their relationship with their tribe. ICWA also established federal standards for Indian children being placed into non-Indian adoptive homes. Brackeen v. Zinke made an important distinction for the placement preferences of the Indian children adopted by non-Indian plaintiffs; rather than viewing the placement preferences in ICWA as based upon Indians ...


Big Horn County Electric Cooperative, Inc. V. Big Man, Brett Berntsen 2018 Alexander Blewett III School of Law at the University of Montana

Big Horn County Electric Cooperative, Inc. V. Big Man, Brett Berntsen

Public Land & Resources Law Review

The tribal exhaustion doctrine requires that parties first exhaust available tribal court remedies before challenging tribal jurisdiction in federal court. Exactly what constitutes an exhaustion of tribal court remedies, however, remains riddled with nuance. In Big Horn County Electric Cooperative, Inc. v. Big Man, the U.S. District Court for the District of Montana rejected a U.S. magistrate judge’s recommendation to remand a case to tribal court to further develop the factual record. Instead, the district court relied on federal circuit court precedent in holding that exhaustion had occurred when the tribal appellate court expressly ruled on the ...


Remaining Silent In Indian Country: Self-Incrimination And Grants Of Immunity For Tribal Court Defendants, Philipp C. Kunze 2018 University of Washington School of Law

Remaining Silent In Indian Country: Self-Incrimination And Grants Of Immunity For Tribal Court Defendants, Philipp C. Kunze

Washington Law Review

A defendant in state and federal courts is entitled to a constitutional protection against self-incrimination. The Fifth Amendment establishes this privilege, which can only be overcome through a voluntary waiver or by the granting of an appropriate level of immunity. Those grants of immunity were made mutually binding on the state and federal governments in Kastigar v. United States and Murphy v. Waterfront Commission of New York Harbor. However, in Talton v. Mayes, the U.S. Supreme Court held that the Fifth and Fourteenth Amendments do not limit the conduct of the more than 560 federally recognized Indian tribes within ...


A Study Of Six Nations Public Library: Rights And Access To Information, Alison Frayne 2018 The University of Western Ontario

A Study Of Six Nations Public Library: Rights And Access To Information, Alison Frayne

Electronic Thesis and Dissertation Repository

Contemporary Indigenous public libraries play a critical role in providing access to information in Indigenous communities. My research focuses on the relationship between rights and access to information for individuals and communities within the context of Indigenous public libraries. I use a qualitative case study methodology of the Six Nations Public Library (SNPL) in Ohsweken, Ontario, Canada. Interviews were conducted with SNPL patrons and library management and with off-reserve participants from government and library associations.

I analyse four themes, library governance, rights, library value and access to information, which are outcomes of the SNPL case study findings. This analysis reveals ...


What Can Traditional Indigenous Knowledge Teach Us About Changing Our Approach To Human Activity And Environmental Stewardship In Order To Reduce The Severity Of Climate Change?, John G. Hansen, Rose Antsanen 2018 University of Saskatchewan

What Can Traditional Indigenous Knowledge Teach Us About Changing Our Approach To Human Activity And Environmental Stewardship In Order To Reduce The Severity Of Climate Change?, John G. Hansen, Rose Antsanen

The International Indigenous Policy Journal

Many Indigenous communities living on traditional lands have not contributed significantly to harmful climate change. Yet, they are the most likely to be impacted by climate change. This article discusses environmental stewardship in relation to Indigenous experiences and worldviews. Indigenous knowledge teaches us about environmental stewardship. It speaks of reducing the severity of climate change and of continued sustainable development. The methodology that directs this research is premised on the notion that the wisdom of the Elders holds much significance for addressing the harmful impacts of climate change in the present day. This article's fundamental assumption is that Indigenous ...


Patently Absurd: Critiquing The Uspto’S Disparate Treatment Of Tribal And State Immunity In Inter Partes Review, Maya Ginga 2018 Washington and Lee University School of Law

Patently Absurd: Critiquing The Uspto’S Disparate Treatment Of Tribal And State Immunity In Inter Partes Review, Maya Ginga

Washington and Lee Law Review

No abstract provided.


From Foundational Law To Limiting Principles In Federal Indian Law, Alexander Tallchief Skibine 2018 University of Utah, SJ Quinney College of Law

From Foundational Law To Limiting Principles In Federal Indian Law, Alexander Tallchief Skibine

Utah Law Faculty Scholarship

In this Article, I am arguing that one of the reasons animating the Court’s move away from Justice Marshall’s exceptionalism is its fear that under traditional foundational principles of federal Indian law, Indian tribes may gain what the court subjectively perceives to be “unfair” advantages over non-Indians. Therefore, the Court has been looking for limiting principles tending to achieve level playing fields between tribal and non-tribal actors. This Article also argues, however, that while looking for a level playing field may sound like a worthwhile goal, there are many pitfalls involved in this process that may end up ...


What We Don't See When We See Copyright As Property, Jessica Litman 2018 University of Michigan Law School

What We Don't See When We See Copyright As Property, Jessica Litman

Articles

For all of the rhetoric about the central place of authors in the copyright scheme, our copyright laws in fact give them little power and less money. Intermediaries own the copyrights, and are able to structure licenses so as to maximise their own revenue while shrinking their pay-outs to authors. Copyright scholars have tended to treat this point superficially, because – as lawyers – we take for granted that copyrights are property; property rights are freely alienable; and the grantee of a property right stands in the shoes of the original holder. I compare the 1710 Statute of Anne, which created statutory ...


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