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Indian and Aboriginal Law Commons

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All Articles in Indian and Aboriginal Law

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9,487 full-text articles. Page 7 of 52.

Sovereignty, Safety, And Sandy: Tribal Governments Gain (Some) Equal Standing Under The Hurricane Sandy Relief Act, Heidi Adams 2017 Seattle University School of Law

Sovereignty, Safety, And Sandy: Tribal Governments Gain (Some) Equal Standing Under The Hurricane Sandy Relief Act, Heidi Adams

American Indian Law Journal

No abstract provided.


August 2011 - August 2012 Case Law On American Indians, Thomas P. Schlosser 2017 Seattle University School of Law

August 2011 - August 2012 Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.


Evidence Issues In Indian Law Cases, Taylor S. Fielding 2017 Seattle University School of Law

Evidence Issues In Indian Law Cases, Taylor S. Fielding

American Indian Law Journal

No abstract provided.


Fishable Waters, Catherine A. O'Neill 2017 Seattle University School of Law

Fishable Waters, Catherine A. O'Neill

American Indian Law Journal

No abstract provided.


The Jay Treaty Free Passage Right In Theory And Practice, Caitlin C.M. Smith 2017 Seattle University School of Law

The Jay Treaty Free Passage Right In Theory And Practice, Caitlin C.M. Smith

American Indian Law Journal

No abstract provided.


Defining The Contours Of The Infringement Test In Cases Involving The State Taxation Of Non-Indians A Half-Century After Williams V. Lee, Nathan Quigley 2017 Seattle University School of Law

Defining The Contours Of The Infringement Test In Cases Involving The State Taxation Of Non-Indians A Half-Century After Williams V. Lee, Nathan Quigley

American Indian Law Journal

No abstract provided.


Sovereignty, Safety, And Security: Tribal Governments Under The Stafford And Homeland Security Acts, Heidi K. Adams 2017 Seattle University School of Law

Sovereignty, Safety, And Security: Tribal Governments Under The Stafford And Homeland Security Acts, Heidi K. Adams

American Indian Law Journal

No abstract provided.


Of Whaling, Judicial Fiats, Treaties And Indians: The Makah Saga Continues, Jeremy Stevens 2017 Seattle University School of Law

Of Whaling, Judicial Fiats, Treaties And Indians: The Makah Saga Continues, Jeremy Stevens

American Indian Law Journal

No abstract provided.


“Indians, In A Jurisdictional Sense”: Tribal Citizenship And Other Forms Of Non-Indian Consent To Tribal Criminal Jurisdiction, Paul Spruhan 2017 Seattle University School of Law

“Indians, In A Jurisdictional Sense”: Tribal Citizenship And Other Forms Of Non-Indian Consent To Tribal Criminal Jurisdiction, Paul Spruhan

American Indian Law Journal

No abstract provided.


Tribal Supreme Court Project: Ten Year Report, Richard Guest 2017 Seattle University School of Law

Tribal Supreme Court Project: Ten Year Report, Richard Guest

American Indian Law Journal

No abstract provided.


Toward A New Era Of American Indian Scholarship: An Introductory Essay For The American Indian Law Journal, Matthew L.M. Fletcher 2017 Seattle University School of Law

Toward A New Era Of American Indian Scholarship: An Introductory Essay For The American Indian Law Journal, Matthew L.M. Fletcher

American Indian Law Journal

No abstract provided.


Res Extra Commercium And The Barriers Faced When Seeking The Repatriation And Return Of Potent Cultural Objects, Sara Gwendolyn Ross 2017 Seattle University School of Law

Res Extra Commercium And The Barriers Faced When Seeking The Repatriation And Return Of Potent Cultural Objects, Sara Gwendolyn Ross

American Indian Law Journal

No abstract provided.


Ties Of Separation: Analogy And Generational Segregation In North America, Australia, And Israel/Palestine, Hedi Viterbo 2017 Brooklyn Law School

Ties Of Separation: Analogy And Generational Segregation In North America, Australia, And Israel/Palestine, Hedi Viterbo

Brooklyn Journal of International Law

This article takes analogy as both its mode and object of inquiry, to canvas the relationship between historical-geographical analogies and generational segregation (the large-scale separation of children and adults) from three complementary perspectives. First, due to restrictions recently introduced by the Israeli authorities, Palestinian prisoners have been prevented from reading popular study materials dealing with both Indigenous child removal and analogies concerning settler-indigenous relations in North America and Australia. This article revives the critical potential of this encounter with analogies and accounts by asserting an analogy between the removal of indigenous children to boarding schools in the United States and ...


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 & 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 ...


San Manuel'S Second Exception: Identifying Treaty Provisions That Support Tribal Labor Sovereignty, Briana Green 2017 University of Michigan Law School

San Manuel'S Second Exception: Identifying Treaty Provisions That Support Tribal Labor Sovereignty, Briana Green

Michigan Journal of Environmental & Administrative Law

Inspired by the holding in WinStar World Casino, this Note considers the potential for tribes to make treaty-based arguments when facing the threat of National Labor Relations Board jurisdiction. This Note presents the results of a survey of U.S. government treaties with Native Americans to identify those treaties with language similar to that interpreted by the Board in WinStar World Casino. The survey identified four treaties and four tribes that could make treaty-based arguments like those made in Winstar World Casino: the Confederated Tribes of the Umatilla Indian Reservation, the Muscogee (Creek) Nation, the Seminole Nation of Oklahoma, and ...


Returning To The Tribal Environmental "Laboratory": An Examination Of Environmental Enforcement Techniques In Indian Country, Elizabeth Ann Kronk Warner 2017 University of Kansas School of Law

Returning To The Tribal Environmental "Laboratory": An Examination Of Environmental Enforcement Techniques In Indian Country, Elizabeth Ann Kronk Warner

Michigan Journal of Environmental & Administrative Law

Governments, including tribes, need to protect one of humankind’s most valuable resources: the environment. In addition to environmental regulations, effective enforcement mechanisms are key to successful efforts to protect the environment. While much has been written about the environmental enforcement mechanisms of states and the federal government, little scholarly attention has been paid to how tribal governments are working to protect their environments. Given that there are 567 federally recognized tribes and approximately 56.2 million acres held in trust for tribes in the United States, such oversight is significant. This Article fills a scholarly void with a description ...


Exploring Alternatives To The "Consultation Or Consent" Paradigm, Jason Searle 2017 University of Michigan Law School

Exploring Alternatives To The "Consultation Or Consent" Paradigm, Jason Searle

Michigan Journal of Environmental & Administrative Law

The Dakota Access Pipeline brought the question of what adequate tribal consultation requires to the forefront. Some would argue that consultation is a weak standard and that only adopting a new standard of free, prior, and informed consent can guarantee tribes greater control and respect. However, the “consultation or consent” paradigm does not take into account important sources of law that do not fit under “consultation” or “consent” and yet could be valuable in strengthening tribes’ claims in the absence of a consent standard.


Whose Standards Control? Maine V. Mccanhy And The Federal, State, And Tribal Battle Over Water Quality Regulation, Joseph Paul Mortelliti 2017 University of Connecticut School of Law

Whose Standards Control? Maine V. Mccanhy And The Federal, State, And Tribal Battle Over Water Quality Regulation, Joseph Paul Mortelliti

Michigan Journal of Environmental & Administrative Law

This Note considers the longstanding clash between the United States government and state governments over the management of intrastate waters through the lens of Maine v. McCarthy, an ongoing federal lawsuit. McCarthy confronts whether the United States Environmental Protection Agency can require state water quality standards to specifically safeguard the health and cultural practices of Maine’s Indian tribes, particularly sustenance fishing. A panoply of legal and political factors gave rise to and shaped the course of the litigation, ranging from tribal sovereignty to agency discretion and political gamesmanship. After evaluating the litigants’ arguments and examining previous regulatory collisions between ...


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