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Indian and Aboriginal Law Commons

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A Legal Practitioner's Guide To Indian And Tribal Law Research, Kelly Kunsch 2017 Seattle University School of Law

A Legal Practitioner's Guide To Indian And Tribal Law Research, Kelly Kunsch

American Indian Law Journal

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 ...


Trust Or Bust: Complications With Tribal Trust Obligations And Environmental Sovereignty, Nadia B. Ahmad 2017 Barry University

Trust Or Bust: Complications With Tribal Trust Obligations And Environmental Sovereignty, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.


Valuing Sacred Tribal Waters Within Prior Appropriation, Michelle Bryan 2017 Alexander Blewett III School of Law at the University of Montana

Valuing Sacred Tribal Waters Within Prior Appropriation, Michelle Bryan

Faculty Law Review Articles

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 ...


Beyond A Zero-Sum Federal Trust Responsibility: Lessons From Federal Indian Energy Policy, Monte Mills 2017 Alexander Blewett III School of Law at the University of Montana

Beyond A Zero-Sum Federal Trust Responsibility: Lessons From Federal Indian Energy Policy, Monte Mills

Faculty Law Review Articles

The federal government’s trust relationship with federally- recognized Indian tribes is a product of the last two centuries of Federal Indian Law and federal-tribal relations. For approximately the last 50 years, the federal government has sought to promote tribal self-determination as a means to carry out its trust responsibilities to Indian tribes; but the shadows of prior federal policies, based largely on notions of tribal incompetence and federal paternalism, remain. Perhaps no other policy arena better demonstrates the history, evolution, and promise for reform of the federal trust relationship than Federal Indian energy policy, or the range of federal ...


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 ...


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 ...


The Native American Struggle Between Economic Growth And Cultural, Religious, And Environmental Protection: A Corporate Solution, Joseph Patterson 2017 Notre Dame Law School

The Native American Struggle Between Economic Growth And Cultural, Religious, And Environmental Protection: A Corporate Solution, Joseph Patterson

Notre Dame Law Review Online

This Essay recommends a flexible corporate solution to Native American property rights issues.


The Tribal Labor Sovereignty Act: Do Indian Tribes Finally Hold A Trump Card?, Vicki J. Limas 2017 University of Oklahoma College of Law

The Tribal Labor Sovereignty Act: Do Indian Tribes Finally Hold A Trump Card?, Vicki J. Limas

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.


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.


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.


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 ...


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.


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.


Improving Microfinance Through International Agreements And Tailoring The System To Assist Indigenous Populations, Jacob Krysiak 2017 University of Oklahoma College of Law

Improving Microfinance Through International Agreements And Tailoring The System To Assist Indigenous Populations, Jacob Krysiak

American Indian Law Review

No abstract provided.


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.


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.


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