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Indian and Aboriginal Law Commons

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All Articles in Indian and Aboriginal Law

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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 ...


Digitizing Tribal Law: How Codification Projects Such As Tribal Law Online Could Give New Rise To American Indian Sovereignty, Jacob Franchek 2017 Washington University School of Law

Digitizing Tribal Law: How Codification Projects Such As Tribal Law Online Could Give New Rise To American Indian Sovereignty, Jacob Franchek

Washington University Law Review

“Today, in the United States, we have three types of sovereign entities– the Federal government, the States, and the Indian tribes.” The oft- forgotten American Indian nations have inherent sovereignty to govern themselves, by virtue of their existing as cultural and political entities prior to the founding of the United States. Federally recognized American Indian nations thus have intrinsic authority and jurisdiction over their internal affairs; tribal governments perform executive, judicial, and legislative functions.

Despite this fact, most of the federally recognized tribes in the United States have not formally published or codified their laws. What is codified is usually ...


Continuing To Work For Indian Country In The 115th Congress, T. Michael Andrews 2017 University of Oklahoma College of Law

Continuing To Work For Indian Country In The 115th Congress, T. Michael Andrews

American Indian Law Review

No abstract provided.


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.


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.


“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.


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.


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 ...


Fathers And Feminism: The Case Against Genetic Entitlement, Jennifer S. Hendricks 2017 University of Colorado Law School

Fathers And Feminism: The Case Against Genetic Entitlement, Jennifer S. Hendricks

Articles

This Article makes the case against a nascent consensus among feminist and other progressive scholars about men's parental rights. Most progressive proposals to reform parentage law focus on making it easier for men to assert parental rights, especially when they are not married to the mother of the child. These proposals may seek, for example, to require the state to make more extensive efforts to locate biological fathers, to require pregnant women to notify men of their impending paternity, or to require new mothers to give biological fathers access to infants.

These proposals disregard the mother's existing parental ...


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.


Responsible Resource Development And Prevention Of Sex Trafficking: Safeguarding Native Women And Children On The Fort Berthold Reservation, Kathleen Finn, Erica Gadja, Thomas Perin, Carla Fredericks 2017 American Indian Law Clinic, University of Colorado Law School

Responsible Resource Development And Prevention Of Sex Trafficking: Safeguarding Native Women And Children On The Fort Berthold Reservation, Kathleen Finn, Erica Gadja, Thomas Perin, Carla Fredericks

Articles

In 2010, large deposits of oil and natural gas were found in the Bakken shale formation, much of which is encompassed by the Fort Berthold Indian reservation, home to the Mandan, Hidatsa, and Arikara Nation (“MHA Nation” or “Three Affiliated Tribes” or “the Tribe”). However, rapid oil and gas development has brought an unprecedented rise of violent crime on and near the Fort Berthold reservation. Specifically, the influx of well-paid male oil and gas workers, living in temporary housing often referred to as “man camps,” has coincided with a disturbing increase in sex trafficking of Native women. The social risks ...


The Status And Effect In New Zealand Law Of The Un Declaration On The Rights Of Indigenous Peoples, Matthew S R Palmer 2016 Selected Works

The Status And Effect In New Zealand Law Of The Un Declaration On The Rights Of Indigenous Peoples, Matthew S R Palmer

The Hon Justice Matthew Palmer

This chapter reviews the status and effect in New Zealand law of the Declaration on the Rights of Indigenous Peoples.


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 ...


Blackfeet Water Rights Settlement Act Of 2016, United States 114th Congress 2016 University of New Mexico

Blackfeet Water Rights Settlement Act Of 2016, United States 114th Congress

Native American Water Rights Settlement Project

Federal Legislation: Blackfeet Water Rights Settlement Act of 2016, in Water Infrastructure Improvements for the Nation Act, Title III, Subtitle G. PL 114-322, ** Stat. *** (Dec. 16, 2016). This Act authorizes, ratifies, and confirms the water rights compact between the Blackfeet Nation and Montana dated April 15, 2009, as modified to be consistent with this subtitle. The Act relates to the Blackfeet Nation’s water rights in the Milk River, Milk River Project, St. Mary River, instream flow rights, and rights in Lake Elwell and any water rights arising out of MT state law. The legislation authorized $422 million in funding ...


Why Coywolf Goes To Court, Signa A. Daum Shanks 2016 Osgoode Hall Law School of York University

Why Coywolf Goes To Court, Signa A. Daum Shanks

Signa A. Daum Shanks

This article is an effort influenced by previous works considered part of "trickster" discourse. But unlike other trickster stories meant to illustrate First Nations’ contents and processes, this presentation creates a Métis-specific example of trickster methodology and knowledge. Similar to the historic role Métis individuals have had in Canadian history, this effort contains a type of "translator" system within its citations so that the main story parallels information about trends in Canadian legal analysis. By having this format, it is hoped that those less familiar with Métis courtroom struggles will gain insight into how the pursuit of Métis constitutionalism both ...


Why Coywolf Goes To Court, Signa A. Daum Shanks 2016 Osgoode Hall Law School of York University

Why Coywolf Goes To Court, Signa A. Daum Shanks

Signa A. Daum Shanks

This article is an effort influenced by previous works considered part of "trickster" discourse. But unlike other trickster stories meant to illustrate First Nations’ contents and processes, this presentation creates a Métis-specific example of trickster methodology and knowledge. Similar to the historic role Métis individuals have had in Canadian history, this effort contains a type of "translator" system within its citations so that the main story parallels information about trends in Canadian legal analysis. By having this format, it is hoped that those less familiar with Métis courtroom struggles will gain insight into how the pursuit of Métis constitutionalism both ...


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