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The Factual Basis For Indigenous Land Rights, Kent Mcneil 2021 Osgoode Hall Law School of York University

The Factual Basis For Indigenous Land Rights, Kent Mcneil

Articles & Book Chapters

Groundbreaking judgments in Australia and Canada in the 1990s reveal that Indigenous land rights depend on evidence of Indigenous occupation and law when the British Crown asserted sovereignty. Looking back at earlier Indigenous rights decisions, it is apparent that they were not based on facts, but on prejudicial and erroneous assumptions about Indigenous peoples. In St. Catherine’s Milling (1888), Lord Watson said the rights of the Ojibwe Indians were based solely on the goodwill of the Crown, a conclusion that evidently stemmed from the trial judge’s racist assessment of Ojibwe society. In Cooper v Stuart (1889), Lord Watson ...


Closing The Circle: Tribal Implementation Of The Superfund Program In The Reservation Environment, Richard A. Du Bey, James M. Grijalva 2021 Stoel Rives Boley Jones & Grey

Closing The Circle: Tribal Implementation Of The Superfund Program In The Reservation Environment, Richard A. Du Bey, James M. Grijalva

Journal of Natural Resources & Environmental Law

No abstract provided.


Anilca Under Attack: Will The Right To Travel Wreak Havoc With Subsistence Rights?, Kathy A. Gudgell 2021 University of Kentucky

Anilca Under Attack: Will The Right To Travel Wreak Havoc With Subsistence Rights?, Kathy A. Gudgell

Journal of Natural Resources & Environmental Law

No abstract provided.


Jurisdiction Over Water Quality On Native American Lands, Charlotte Uram, Mary J. Decker 2021 Landels, Ripley & Diamond

Jurisdiction Over Water Quality On Native American Lands, Charlotte Uram, Mary J. Decker

Journal of Natural Resources & Environmental Law

No abstract provided.


"Te Pee" As In Taxpayer: Tribal Severance Taxes--Canvassing The Reservation-Do Tribes Have The Power To Impose Severance Taxes On Minerals Extracted On Non-Indian Fee Lands Within The Reservation?, Michael Layne Carrico 2021 University of Kentucky

"Te Pee" As In Taxpayer: Tribal Severance Taxes--Canvassing The Reservation-Do Tribes Have The Power To Impose Severance Taxes On Minerals Extracted On Non-Indian Fee Lands Within The Reservation?, Michael Layne Carrico

Journal of Natural Resources & Environmental Law

No abstract provided.


Preview—United States V. Cooley: What Will Happen To The Thinnest Blue Line?, Jo J. Phippin 2021 Alexander Blewett III School of Law at the University of Montana

Preview—United States V. Cooley: What Will Happen To The Thinnest Blue Line?, Jo J. Phippin

Public Land & Resources Law Review

The Supreme Court of the United States ("Supreme Court") will hear oral arguments in this matter on Tuesday, March 23, 2021. This case presents the narrow issue of whether a tribal police officer has the authority to investigate and detain a non-Indian on a public right-of-way within a reservation for a suspected violation of state or federal law. The lower courts, holding that tribes have no such authority, granted James Cooley’s motion to suppress evidence. The Supreme Court must decide whether the lower courts erred in so deciding. While the issue before the Supreme Court is itself narrow, it ...


“Magic Words” And Original Understanding: An Amplified Clear Statement Rule To Abrogate Tribal Sovereign Immunity, Justin W. Aimonetti 2021 Pepperdine University

“Magic Words” And Original Understanding: An Amplified Clear Statement Rule To Abrogate Tribal Sovereign Immunity, Justin W. Aimonetti

Pepperdine Law Review

The Indian plenary power doctrine—an invention of the late nineteenth-century Supreme Court—grants Congress exclusive authority to legislate with respect to Indian tribes, including the ability to abrogate tribal sovereign immunity. Under current doctrine, Congress must “unequivocally express” its intent to abrogate the sovereign immunity of Indian tribes with “explicit legislation.” Circuit courts tasked with applying this standard have split on the level of textual specificity required to strip tribes of their immunity. Employing the tools of statutory construction, courts are divided over whether the term ‘domestic government,’ as found in Section 106 of the Bankruptcy Code, unequivocally covers ...


Law Library Blog (March 2021): Legal Beagle's Blog Archive, Roger Williams University School of Law 2021 Roger Williams University

Law Library Blog (March 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Indigenous Law And The Common Law, Kent McNeil 2021 Osgoode Hall Law School of York University

Indigenous Law And The Common Law, Kent Mcneil

Articles & Book Chapters

Indigenous law does not need to be incorporated into Canadian law by treaty, statute, or judicial pronouncement to be part of the domestic law of Canada. Indigenous law exists and is followed in Indigenous communities. It is living law that predated European colonization and has continued up to the present. However, Canadian judges generally are not familiar with it in the way they are with the common law and civil law. Consequently, when relied upon in court evidence of it has to be presented by the testimony of experts, such as Elders and Indigenous knowledge keepers. This is simply a ...


The Wall That Trumps Environmental Law: A Review Of The Environmental And Legal Implications Of The U.S.-Mexico Border Wall, Olivia Merritt 2021 Villanova University Charles Widger School of Law

The Wall That Trumps Environmental Law: A Review Of The Environmental And Legal Implications Of The U.S.-Mexico Border Wall, Olivia Merritt

Villanova Environmental Law Journal

No abstract provided.


Indigenizing Grand Canyon, Jason Anthony Robison 2021 University of Wyoming College of Law

Indigenizing Grand Canyon, Jason Anthony Robison

Utah Law Review

The magical place commonly called the “Grand Canyon” is Native space. Eleven tribes hold traditional connections to the canyon according to the National Park Service. This Article is about relationships between these tribes and the agency—past, present, and future. Grand Canyon National Park’s 2019 centennial afforded a valuable opportunity to reflect on these relationships and to envision what they might become. A reconception of the relationships has begun in recent decades that evidences a shift across the National Park System as a whole. This reconception should continue. Drawing on the tribal vision for Bears Ears National Monument, this ...


Predicting Supreme Court Behavior In Indian Law Cases, Grant Christensen 2021 University of North Dakota

Predicting Supreme Court Behavior In Indian Law Cases, Grant Christensen

Michigan Journal of Race and Law

This piece builds upon Matthew Fletcher’s call for additional empirical work in Indian law by creating a new dataset of Indian law opinions. The piece takes every Indian law case decided by the Supreme Court from the beginning of the Warren Court until the end of the 2019-2020 term. The scholarship first produces an Indian law scorecard that measures how often each Justice voted for the “pro- Indian” outcome. It then compares those results to the Justice’s political ideology to suggest that while there is a general trend that a more “liberal” Justice is more likely to favor ...


Acoma Pueblo Tribal Court Handbook (2021), Tribal Law Journal Staff 2021 University of New Mexico

Acoma Pueblo Tribal Court Handbook (2021), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.


Taos Pueblo Tribal Court Handbook (2021), Tribal Law Journal Staff 2021 University of New Mexico

Taos Pueblo Tribal Court Handbook (2021), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.


Santa Clara Pueblo V. Martinez In The Evolution Of Federal Law, Richard B. Collins 2021 University of Colorado School of Law

Santa Clara Pueblo V. Martinez In The Evolution Of Federal Law, Richard B. Collins

Tribal Law Journal

Few Indian law decisions have evoked as much scholarly attention as Santa Clara Pueblo.1 Shepard's pulls up over 1000 law review references, and Google reports almost 3,000,000 hits.2 It is a major case in all Indian law treatises and casebooks and is important in several other books.3 Most analyze the decision as an event and focus on its principal holding, denying a federal cause of action for civil enforcement of the Indian Civil Rights Act.4 Policy discussions parse tribal sovereignty and discrimination against women.


Table Of Contents, Seattle University Law Review 2021 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Tribal Justice: Honoring Indigenous Dispute Resolution (Symposium Keynote Address), Deb Haaland 2021 Congresswoman

Tribal Justice: Honoring Indigenous Dispute Resolution (Symposium Keynote Address), Deb Haaland

Tribal Law Journal

Tribal Law Journal 20th Anniversary Symposium Keynote Address. I am working to weave our Native voice into a system that is not traditionally our own to make sure these legal fictions do not persist into another detrimental federal policy era. This symposium is highly valuable because it shows our community how important it is to incorporate indigenous traditional values into our legal system—but this is also important to highlight in our political systems and my effort to encourage more Native Americans to run for office and will continue. Native American people need to redefine all aspects of our governance ...


Native American Oral Evidence: Finding A New Hearsay Exception, Max Virupaksha Katner 2021 Georgetown University Law Center

Native American Oral Evidence: Finding A New Hearsay Exception, Max Virupaksha Katner

Tribal Law Journal

The Federal Rules of Evidence hearsay rules unjustifiably exclude legitimate and trustworthy evidence that support many Native American legal claims. Native American communities traditionally were not literate and rarely recorded the treaties, contracts, and other legal instruments they drew up or honored in any kind of written format, oftentimes recording their histories and diplomatic events in other ways; take for example wampum belts used by the Haudenosaunee Confederacy, among others. While the U.S. legal system presupposes that evidence in written statements provides a greater assurance of accuracy and truth than oral statements, this is not always the case. Writing ...


Tribal Opposition To Enbridge Line 5: Rights And Interests, John Minode’e Petoskey 2021 University of Michigan Law School and School for Environment and Sustainability

Tribal Opposition To Enbridge Line 5: Rights And Interests, John Minode’E Petoskey

Tribal Law Journal

This paper will examine the tribal interests at stake in the controversy surrounding Enbridge Oil Pipeline 5 (“Line 5”), and will explore why it is consistent with Michigan’s treaty obligations and public trust principles to remove the pipeline from the Straits of Mackinac. The Line runs beneath the Straits of Mackinac, the convergence of Lake Michigan and Lake Huron, and is nearly 70 years old. Should the pipeline burst, the resulting spill would irreparably harm fisheries in the Straits and impair tribal treaty rights to fish in the Great Lakes. Part I will provide a roadmap overview. Part II ...


Jurisprudence And Recommendations For Tribal Court Authority Due To Imposition Of U.S. Limitations, Angelique EagleWoman 2021 Mitchell Hamline School of Law

Jurisprudence And Recommendations For Tribal Court Authority Due To Imposition Of U.S. Limitations, Angelique Eaglewoman

Mitchell Hamline Law Review

No abstract provided.


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