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Indigenous, Indian, and Aboriginal Law Commons

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Falling Through The Cracks: The American Indian Foster Care To Sexual Exploitation Pipeline And The Need For Expanded American Indian Community Services In Minnesota, Sadie Hart 2022 DePaul University

Falling Through The Cracks: The American Indian Foster Care To Sexual Exploitation Pipeline And The Need For Expanded American Indian Community Services In Minnesota, Sadie Hart

DePaul Journal for Social Justice

No abstract provided.


Fanon, Colonial Violence, And Racist Language In Federal American Indian Law, Joubin Khazaie 2022 University of Miami Law School

Fanon, Colonial Violence, And Racist Language In Federal American Indian Law, Joubin Khazaie

University of Miami Race & Social Justice Law Review

This Comment will argue that the racist language enshrined in foundational Supreme Court decisions involving Native tribes continuously enacts a form of colonial violence that seeks to preserve a white racial dictatorship. The paper will use Frantz Fanon’s scholarship on colonial violence and the dehumanization of Indigenous people as a framework to understand the history of legalized racism against Indigenous people in the United States. Fanon’s analysis allows us to understand how language is used to dehumanize Native people in order to establish a system of hierarchy that informs the societal roles of the colonizer and the colonized ...


Ninth Circuit Muddies The Waters Of Tribal Sovereign Immunity And The Clean Water Act In Deschutes River Alliance V. Portland Ge, Danielle Clifford 2022 University of Washington School of Law

Ninth Circuit Muddies The Waters Of Tribal Sovereign Immunity And The Clean Water Act In Deschutes River Alliance V. Portland Ge, Danielle Clifford

Washington Journal of Social & Environmental Justice

Throughout 2011 and 2012, members of the Deschutes River community who fish in the Lower Deschutes River in Oregon noticed a slew of significant changes to their natural environment. The Deschutes River Alliance attributed the changes to the operation of the Pelton Round Butte Hydraulic Project, which is co-owned and operated by Portland General Electric and The Confederated Tribes of the Warm Springs. In July 2016, DRA filed a Clean Water Act lawsuit against them. To rule on the alleged CWA violations, the DRA must first get past the tribal sovereign immunity hurdle. It is long-recognized that American Indian Nations ...


Indiana Jones And The Illicit Excavation And Trafficking Of Antiquities: Refining Federal Statutes To Strengthen Cultural Heritage Protections, Marina F. Rothberg 2022 Boston College Law School

Indiana Jones And The Illicit Excavation And Trafficking Of Antiquities: Refining Federal Statutes To Strengthen Cultural Heritage Protections, Marina F. Rothberg

Boston College Law Review

Most nations consider the protection of cultural material, such as historical monuments, archaeological sites, and antiquities, to be of utmost consequence. Yet, despite the near-universal importance of safeguarding cultural heritage, domestic protections for cultural material in the United States tend to be difficult to interpret. These ambiguities and gaps allow for continued exploitation and illicit trafficking of cultural heritage. This Note focuses on the legal structures in the United States that safeguard indigenous cultural material. After briefly discussing the rationale behind safeguarding objects of heritage, this Note explores the dominant federal statutes that protect cultural material: the National Historic Preservation ...


Preview—Oklahoma V. Castro-Huerta: A Test Of State And Tribal Sovereignty, Genevieve Antonioli Schmit 2022 Alexander Blewett III School of Law at the University of Montana

Preview—Oklahoma V. Castro-Huerta: A Test Of State And Tribal Sovereignty, Genevieve Antonioli Schmit

Public Land & Resources Law Review

Oklahoma v. Castro-Huerta challenges the reach of the United States Supreme Court’s landmark ruling in McGirt v. Oklahoma and tests the settled criminal jurisdiction scheme within Indian Country. On April 27, 2022, beginning at 10:00 a.m. EST., the U.S. Supreme Court will hear argument on the sole question of whether a state court has concurrent jurisdiction with a federal court to prosecute non-Indians who commit crimes against Indians in Indian country. The State of Oklahoma (“Petitioner”) argues that it has concurrent jurisdiction to prosecute such crimes. Castro-Huerta (“Respondent”) argues that the Court should adopt the current ...


The Truth About Property, Jessica A. Shoemaker 2022 University of Nebraska College of Law

The Truth About Property, Jessica A. Shoemaker

Michigan Law Review

A Review of Federal Ground: Governing Property and Violence in the First U.S. Territories. By Gregory Ablavsky.


Doing Better For Indigenous Children And Families: Jordan’S Principle Accountability Mechanisms Report, Naiomi Metallic, Hadley Friedland, Shelby Thomas 2022 Dalhousie University Schulich School of Law

Doing Better For Indigenous Children And Families: Jordan’S Principle Accountability Mechanisms Report, Naiomi Metallic, Hadley Friedland, Shelby Thomas

Reports & Public Policy Documents

In Part 1 of this report, we attempt to summarize the long history that forms the context of the need for independent accountability measures to meaningfully address the discrimination identified by the CHRT in Caring Society and prevent similar practices in the future. Drawing from this context, in Part 2, we set out what we identify as 10 key accountability needs of Indigenous children and families that must be addressed in order to provide effective accountability. Finally, in Part 3, we discuss features of effective accountability mechanisms and propose three interconnected mechanisms that we believe address the accountability needs. Any ...


Jemez Pueblo Tribal Court Handbook (2022), Tribal Law Journal Staff 2022 University of New Mexico

Jemez Pueblo Tribal Court Handbook (2022), 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.


Pueblo Of Pojoaque Tribal Court Handbook (2022), Tribal Law Journal Staff 2022 University of New Mexico

Pueblo Of Pojoaque Tribal Court Handbook (2022), 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.


Preview — Denezpi V. United States (2022). Double Jeopardy In Indian Country, Paul A. Hutton III 2022 Alexander Blewett III School of Law at the University of Montana

Preview — Denezpi V. United States (2022). Double Jeopardy In Indian Country, Paul A. Hutton Iii

Public Land & Resources Law Review

On February 22, the Supreme Court of the United States will decide the single issue of whether a Court of Indian Offenses constitutes a federal entity and, therefore, separate prosecutions in federal district court and a Court of Indian Offenses for the same act violates the Double Jeopardy Clause as prosecutions for the same offense.


Opinion Regarding The Status Of Mineral Ownership Underlying The Missouri River Within The Boundaries Of The Fort Berthold Reservation (North Dakota), United States Department of the Interior, Robert T. Anderson 2022 Solicitor

Opinion Regarding The Status Of Mineral Ownership Underlying The Missouri River Within The Boundaries Of The Fort Berthold Reservation (North Dakota), United States Department Of The Interior, Robert T. Anderson

US Government Documents related to Indigenous Nations

This memorandum, dated February 4, 2022, from the United States (US) Department of the Interior (Office of the Solicitor) to the Secretary and Assistant Secretary of Land and Minerals Management, the Assistant Secretary of Indian Affairs, and the Director of the Bureau of Indian Affairs rescinds the Solicitor’s May 26, 2020 opinion regarding mineral rights on the Fort Berthold Reservation which declared the state of North Dakota to be the owner of said rights. This memorandum reaffirms the January 17, 2017 opinion of Solicitor Hilary Tompkins that the rights belong to the Three Affiliated Tribes of the Fort Berthold ...


An Appeal In Favor Of That Class Of Americans Called Africans, Lydia Maria Child 2022 University of Nebraska - Lincoln

An Appeal In Favor Of That Class Of Americans Called Africans, Lydia Maria Child

Zea E-Books in American Studies

The roots of white supremacy lie in the institution of negro slavery. From the 15th through the 19th century, white Europeans trafficked in abducted and enslaved Africans and justified the practice with excuses that seemed somehow to reconcile the injustice with their professed Christianity. The United States was neither the first nor the last nation to abolish slavery, but its proclaimed principles of freedom and equality were made ironic by the nation’s reluctance to extend recognition to all Americans.

“Americans” is what Mrs. Child calls those fellow countrymen of African ancestry; citizenship and equality are what she proposed beyond ...


Procedural Injustice: Indigenous Claims, Limitation Periods, And Laches, Kent McNeil, Thomas Enns 2022 Osgoode Hall Law School of York University

Procedural Injustice: Indigenous Claims, Limitation Periods, And Laches, Kent Mcneil, Thomas Enns

All Papers

When Indigenous peoples go to court to seek justice for the historical wrongs they have endured, the Crown often tries to prevent their claims from even being heard by pleading statutes of limitations and laches. The application of these barriers raises serious constitution issues that have been taken account of by the Supreme Court only in the context of declarations of constitutional invalidity. Arguments based on the constitutional division of powers and section 35(1) of the Constitution Act, 1982 have not been addressed by the Court. As a result, limitations statutes that vary from province to province have been ...


Analyzing The Implications Of The Supreme Court's Application Of The Canons Of Construction In Recent Federal Indian Law Cases, Meredith Harris J.D. 2022 Seattle University School of Law

Analyzing The Implications Of The Supreme Court's Application Of The Canons Of Construction In Recent Federal Indian Law Cases, Meredith Harris J.D.

American Indian Law Journal

Federal Indian law in the United States has historically relied on application of the Indian Canons of Construction (“Canons”). The courts have relied on these principles since 1832. However, their application has not been consistent. Indeed, the Canons are discretionary which has led to judicial avoidance. Yet, recent Supreme Court opinions demonstrate a resurgence of the Canons and a trend towards a textualist approach, both of which involve greater deference to tribal understandings. Ultimately, the opinions in United States v. Washington, Washington State Dept. of Licensing v. Cougar Den, Herrera v. Wyoming, and McGirt v. Oklahoma, indicate the Supreme Court ...


John Locke's Theory Of Property, And The Dispossession Of Indigenous Peoples In The Settler-Colony, Calum Murray 2022 Seattle University School of Law

John Locke's Theory Of Property, And The Dispossession Of Indigenous Peoples In The Settler-Colony, Calum Murray

American Indian Law Journal

This paper explores how John Locke’s theory of property, elaborated in chapter five of his Second Treatise of Government, provided a compelling conceptual and practical justification for the appropriation of Indigenous peoples’ territories in America by the early English settler-colonists of the 17th century. It examines how his property theory facilitated the nullification of Native American conceptions of land through the superimposition of European private property regimes in the settler colony. It further highlights briefly how indistinguishable dynamics also characterize the contemporary Israeli/Palestinian settler-colonial context, where the reverberations of Locke’s thought on property are pervasive. To ...


The Importance Of Abolition Of The Carceral State For Native Survivors, Christina M. Schnalzer 2022 Seattle University School of Law

The Importance Of Abolition Of The Carceral State For Native Survivors, Christina M. Schnalzer

American Indian Law Journal

No abstract provided.


Healthcare Self-Governance, Danika Watson 2022 Seattle University School of Law

Healthcare Self-Governance, Danika Watson

American Indian Law Journal

No abstract provided.


This Land Is Not Our Land, This Land Is Their Land: Returning National Park Lands To Their Rightful Protectors, Sierra Kennedy 2022 Seattle University School of Law

This Land Is Not Our Land, This Land Is Their Land: Returning National Park Lands To Their Rightful Protectors, Sierra Kennedy

American Indian Law Journal

No abstract provided.


How Alaska Native Corporations Can Better Support Alaska Native Villages, E. Barrett Ristroph Esq. 2022 Seattle University School of Law

How Alaska Native Corporations Can Better Support Alaska Native Villages, E. Barrett Ristroph Esq.

American Indian Law Journal

Since their formation in 1971 through the Alaska Native Claims Settlement Act, Alaska Native Corporations (ANCs) have operated largely under a mission to build economic revenue for distribution to their shareholders, who are generally Alaska Native tribal members. While larger ANCs have formed foundations that provide scholarships to shareholders, ANCs generally do not have missions or entities associated with developing community infrastructure or promoting social programs in Alaska Native Villages, which are the communities of federally recognized Alaskan tribes. Until recently, the infrastructural and institutional needs of Alaska Native Villages have largely been met through State of Alaska funding, with ...


Colonial Fault Lines: First Nations Autonomy And Indigenous Lands In The Time Of Covid-19, Alexandra Flynn, Signa Daum Shanks 2022 Allard School of Law at the University of British Columbia

Colonial Fault Lines: First Nations Autonomy And Indigenous Lands In The Time Of Covid-19, Alexandra Flynn, Signa Daum Shanks

All Faculty Publications

The COVID-19 crisis has exposed the political and economic fault lines in the exercise of power across multiple jurisdictions. This article focuses on the power of First Nations to make enforceable decisions in respect to reserve lands, specifically the powers First Nations have to enforce public health restrictions during the pandemic. We argue that Canadian law both enables First Nations to assert decisionmaking in respect to their lands, and undermines Indigenous authority in relation to enforcement and intergovernmental status. This paper is part of the SPE Theme on the Political Economy of COVID-19.


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