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Indian and Aboriginal Law Commons

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Mega Sporting Events Procedures And Human Rights: Developing An Inclusive Framework, Abby Meaders Henderson 2017 University of Oklahoma College of Law

Mega Sporting Events Procedures And Human Rights: Developing An Inclusive Framework, Abby Meaders Henderson

American Indian Law Review

No abstract provided.


“Animals May Take Pity On Us”: Using Traditional Tribal Beliefs To Address Animal Abuse And Family Violence Within Tribal Nations, Sarah Deer, Liz Murphy 2017 Mitchell Hamline School of Law

“Animals May Take Pity On Us”: Using Traditional Tribal Beliefs To Address Animal Abuse And Family Violence Within Tribal Nations, Sarah Deer, Liz Murphy

Mitchell Hamline Law Review

No abstract provided.


The Fairness Of Tribal Court Juries And Non-Indian Defendants, Julia M. Bedell 2017 University of Oklahoma College of Law

The Fairness Of Tribal Court Juries And Non-Indian Defendants, Julia M. Bedell

American Indian Law Review

No abstract provided.


States And Their American Indian Citizens, Matthew L.M. Fletcher 2017 University of Oklahoma College of Law

States And Their American Indian Citizens, Matthew L.M. Fletcher

American Indian Law Review

No abstract provided.


Yellowbear V. Lampert— Putting Teeth Into The Religious Land Use And Institutionalized Person Act Of 2000, Nathan Lobaugh 2017 University of Oklahoma College of Law

Yellowbear V. Lampert— Putting Teeth Into The Religious Land Use And Institutionalized Person Act Of 2000, Nathan Lobaugh

American Indian Law Review

No abstract provided.


Affirming A Pragmatic Development Of Tribal Jurisprudential Principles, Todd R. Matha 2017 Mitchell Hamline School of Law

Affirming A Pragmatic Development Of Tribal Jurisprudential Principles, Todd R. Matha

Mitchell Hamline Law Review

No abstract provided.


Access To Energy In Indian Country: The Difficulties Of Self-Determination In Renewable Energy Development, Nicholas M. Ravotti 2017 University of Oklahoma College of Law

Access To Energy In Indian Country: The Difficulties Of Self-Determination In Renewable Energy Development, Nicholas M. Ravotti

American Indian Law Review

No abstract provided.


Indigenous People, Human Rights, And Consultation: The Dakota Access Pipeline, Walter H. Mengden IV 2017 University of Oklahoma College of Law

Indigenous People, Human Rights, And Consultation: The Dakota Access Pipeline, Walter H. Mengden Iv

American Indian Law Review

No abstract provided.


Winner, Best Appellate Brief In The 2017 Native American Law Student Association Moot Court Competition, Devon Suarez, Simon Goldenberg 2017 University of Oklahoma College of Law

Winner, Best Appellate Brief In The 2017 Native American Law Student Association Moot Court Competition, Devon Suarez, Simon Goldenberg

American Indian Law Review

No abstract provided.


Native Youth & Juvenile Injustice In South Dakota, Addie C. Rolnick 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Native Youth & Juvenile Injustice In South Dakota, Addie C. Rolnick

Scholarly Works

In this essay, Professor Rolnick uses the three themes of racism, jurisdiction, and tribal sovereignty to provide a snapshot of the juvenile justice system in South Dakota as it impacts Native youth. First, she describes the tribal juvenile justice systems in the state. She argues tribal systems should rightfully play a central role handling Native youth offenders, but they are underfunded and may not therefore be sufficiently responsive to young offenders' needs. Second, she examines the impact of federal power over youth on reservations in South Dakota. Specifically, federal juvenile jurisdiction, as well as federal financial and administrative power, can ...


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.


Property And Sovereignty: An Indian Reserve And A Canadian City, Douglas C. Harris 2017 Allard School of Law at the University of British Columbia

Property And Sovereignty: An Indian Reserve And A Canadian City, Douglas C. Harris

Faculty Publications

Property rights, wrote Morris Cohen in 1927, are delegations of sovereign power. They are created by the state and operate to establish limits on its power. As such, the allocation of property rights is an exercise of sovereignty and a limited delegation of it. Sixty years later, Joseph Singer used Cohen’s conceptual framing in a critical review of developments in American Indian law. Where the US Supreme Court had the opportunity to label an American Indian interest as either a sovereign interest or a property interest, he argued, it invariably chose to the disadvantage of the Indians. Within Canada ...


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 ...


Closing Time: Removing The State Of Oklahoma From Alcohol Regulation In Indian Country, Ryan Wilson 2017 University of Oklahoma College of Law

Closing Time: Removing The State Of Oklahoma From Alcohol Regulation In Indian Country, Ryan Wilson

Oklahoma Law Review

No abstract provided.


Traditional Problems: How Tribal Same-Sex Marriage Bans Threaten Tribal Sovereignty, Marcia Zug 2017 Mitchell Hamline School of Law

Traditional Problems: How Tribal Same-Sex Marriage Bans Threaten Tribal Sovereignty, Marcia Zug

Mitchell Hamline Law Review

No abstract provided.


Close To Zero: The Reliance On Minimum Blood Quantum Requirements To Eliminate Tribal Citizenship In The Allotment Acts And The Post-Adoptive Couple Challenges To The Constitutionality Of Icwa, Abi Fain, Mary Kathryn Nagle 2017 Mitchell Hamline School of Law

Close To Zero: The Reliance On Minimum Blood Quantum Requirements To Eliminate Tribal Citizenship In The Allotment Acts And The Post-Adoptive Couple Challenges To The Constitutionality Of Icwa, Abi Fain, Mary Kathryn Nagle

Mitchell Hamline Law Review

No abstract provided.


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 ...


Operationalizing Free, Prior, And Informed Consent, Carla F. Fredericks 2017 University of Colorado Law School

Operationalizing Free, Prior, And Informed Consent, Carla F. Fredericks

Articles

The UN Declaration on the Rights of Indigenous Peoples (UNDRIP) has acknowledged varying ways in which international actors can protect, respect and remedy the rights of indigenous peoples. One of these methods is the concept of free, prior and informed consent (FPIC) as described in Articles 10, 19, 28 and 29. There has been much debate in the international community over the legal status of the UNDRIP, and member states have done little to implement it. In applied contexts, many entities like extractive industries and conservation groups are aware of risks inherent in not soliciting FPIC and have endeavored to ...


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.


The Global Protection Of Traditional Knowledge: Searching For The Minimum Consensus, 17 J. Marshall Rev. Intell. Prop. L. 42 (2017), Aman Gebru 2017 John Marshall Law School

The Global Protection Of Traditional Knowledge: Searching For The Minimum Consensus, 17 J. Marshall Rev. Intell. Prop. L. 42 (2017), Aman Gebru

The John Marshall Review of Intellectual Property Law

The protection of traditional knowledge (TK) – the know-how, skills, innovations and practices of indigenous peoples and local communities has been a subject of heated debate in many international forums. TK has proved to be useful as an input in modern industries. For instance, pharmaceutical companies have used medicinal TK to develop drugs more quickly. Despite its value, TK faces an alarming rate of loss and there are many initiatives that attempt to preserve it for posterity. However, almost every major issue on TK protection is contentious, including whether international TK protection is necessary or if domestic legislation alone would suffice ...


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