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Indigenous, Indian, and Aboriginal Law Commons

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Textualism And The Indian Canons Of Statutory Construction, Alex Tallchief Skibine 2022 University of Utah S.J. Quinney College of Law

Textualism And The Indian Canons Of Statutory Construction, Alex Tallchief Skibine

University of Michigan Journal of Law Reform

When interpreting statutes enacted for the benefit or regulation of Indians or construing treaties signed with Indian nations, courts are supposed to apply any of five specific canons of construction relating to Indian Affairs. Through examining the modern line of Supreme Court cases involving statutory or treaty interpretation relating to Indian nations, this Article demonstrates that the Court has generally been faithful in applying canons relating to treaty interpretation or abrogation. The Court has also respected the canon requiring unequivocal expression of congressional intent before finding an abrogation of tribal sovereign immunity. However, there are two other canons that the ...


Community Development Agreements: The Hardening And Evaluation Of A Norm, Luka G. Petrusevski 2022 The University of Western Ontario

Community Development Agreements: The Hardening And Evaluation Of A Norm, Luka G. Petrusevski

Electronic Thesis and Dissertation Repository

Large scale mining projects generate highly variable outcomes. Proponents of mining cite benefits including job creation and revenue generation, while critics point to adverse social and economic impacts borne by mining-proximate communities. Community-based concerns about mining operations have raised ethical and social justice considerations relating to human-rights and consent. Community development agreements (CDAs) have emerged as an increasingly common tool to address such concerns and facilitate the delivery of tangible benefits from mining operations to affected communities. The effectiveness of CDAs, however, varies widely depending on the negotiated provisions and their implementation. This work contributes to the understanding of CDAs ...


A Look At The Missing And Murdered Indigenous Women Crisis: Investigation Of Potential Causes And Effects, Verity Saige Vogel 2022 Portland State University

A Look At The Missing And Murdered Indigenous Women Crisis: Investigation Of Potential Causes And Effects, Verity Saige Vogel

University Honors Theses

In North America, Indigenous women go missing and are murdered at a rate higher than any other demographic. Scholars and governmental agencies agree that the Missing and Murdered Indigenous Women (MMIW) crisis is a pressing issue; it was not until a series of successful social media campaigns (using the hashtag #MMIW) and other grassroots activism took root across First Nations and Native communities in North America that the gravity of the situation became widely reported. Although many agree that the MMIW crisis is a wicked problem (in that it has many contributing factors that amplify its effect and contribute to ...


Pandemics In Indian Country: The Making Of The Tribal State, Matthew L.M. Fletcher 2022 University of St. Thomas, Minnesota

Pandemics In Indian Country: The Making Of The Tribal State, Matthew L.M. Fletcher

University of St. Thomas Law Journal

No abstract provided.


Eli-Tpitahatomek Tpaskuwakonol Waponahkik (How We, Native People, Reflect On The Law In The Dawnland), Michael-Corey F. Hinton, Erick J. Giles 2022 Drummond Woodsum

Eli-Tpitahatomek Tpaskuwakonol Waponahkik (How We, Native People, Reflect On The Law In The Dawnland), Michael-Corey F. Hinton, Erick J. Giles

Maine Law Review

Multiple nations within the Wabanaki Confederacy, including the Maliseet Nation, Mi’kmaq Nation, Passamaquoddy Tribe, and Penobscot Nation, were signatories to the July 19, 1776 Treaty of Watertown, which was the first ever treaty entered into by the United States of America following the Declaration of Independence. Following the Treaty of Watertown, Wabanaki warriors served directly under General George Washington and made critical contributions in support of the Americans’ Revolutionary War. Such contributions were made based on the Americans’ promise that the Wabanaki Nations’ lands, natural resources, and traditional ways of life would be forever protected by the fledgling United ...


Book Review: Creating Indigenous Property: Power, Rights, And Relationships, F. Tim Knight 2022 Osgoode Hall Law School of York University

Book Review: Creating Indigenous Property: Power, Rights, And Relationships, F. Tim Knight

Librarian Publications & Presentations

No abstract provided.


Oklahoma V. Castro-Huerta, United States Supreme Court, Brett Kavanaugh 2022 University of North Dakota

Oklahoma V. Castro-Huerta, United States Supreme Court, Brett Kavanaugh

US Government Documents related to Indigenous Nations

This United States (US) Supreme Court decision, argued April 27, 2022 and decided June 29, 2022 expanded the reach of state jurisdiction to allow for prosecution of crimes that occur on Indigenous land, regardless of whether or not a state is named as having such jurisdiction under US Public Law 280. In 2020, the US Supreme Court's decision on McGirt v. Oklahoma established that much of the eastern part of the state of Oklahoma is Indigenous land and therefore falls under either tribal jurisdiction or Federal jurisdiction. In 2015 Victor Manuel Castro-Huerta was charged and convicted of child neglect ...


Treaty-Based Climate Change Claims: Litigation Pathways In The Face Of Cultural Devastation, Kirsten D. Gerbatsch 2022 University of Montana

Treaty-Based Climate Change Claims: Litigation Pathways In The Face Of Cultural Devastation, Kirsten D. Gerbatsch

Public Land & Resources Law Review

No abstract provided.


Do It For The Kids: Protecting Future Generations From Climate Change Impacts And Future Pandemics In Maryland Using An Environmental Rights Amendment, Johanna Adashek 2022 University of Montana

Do It For The Kids: Protecting Future Generations From Climate Change Impacts And Future Pandemics In Maryland Using An Environmental Rights Amendment, Johanna Adashek

Public Land & Resources Law Review

No abstract provided.


Youth And Indigenous Voices In Climate Justice: Leveraging Best Practices From U.S. And Canadian Litigation, Randall S. Abate 2022 University of Montana

Youth And Indigenous Voices In Climate Justice: Leveraging Best Practices From U.S. And Canadian Litigation, Randall S. Abate

Public Land & Resources Law Review

No abstract provided.


Water Justice Under The Big Sky: Locating A Human Right To Water In Montana Law, Abigail R. Brown 2022 University of Montana

Water Justice Under The Big Sky: Locating A Human Right To Water In Montana Law, Abigail R. Brown

Public Land & Resources Law Review

No abstract provided.


A Judicial Duty: Interpreting And Enforcing Montanans' Inalienable Right To A Clean And Healthful Environment, Nate Bellinger, Roger Sullivan 2022 University of Montana

A Judicial Duty: Interpreting And Enforcing Montanans' Inalienable Right To A Clean And Healthful Environment, Nate Bellinger, Roger Sullivan

Public Land & Resources Law Review

No abstract provided.


Letter To The Reader, 2022 University of Montana

Letter To The Reader

Public Land & Resources Law Review

No abstract provided.


Table Of Contents, 2022 University of Montana

Table Of Contents

Public Land & Resources Law Review

No abstract provided.


Editors And Staff Members, 2022 University of Montana

Editors And Staff Members

Public Land & Resources Law Review

No abstract provided.


Legal Rights For Rivers, Katie O'Bryan 2022 Monash University, Australia

Legal Rights For Rivers, Katie O'Bryan

Georgia Journal of International & Comparative Law

No abstract provided.


Case Law On American Indians, Thomas P. Schlosser 2022 Seattle University School of Law

Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.


A Watershed Moment: The Health And Economic Impact Of Water Sustainability In The Navajo Nation Post Pandemic, Onnaedo Nwankwo 2022 Seattle University School of Law

A Watershed Moment: The Health And Economic Impact Of Water Sustainability In The Navajo Nation Post Pandemic, Onnaedo Nwankwo

American Indian Law Journal

No abstract provided.


The Rule Against Hearsay, Indigenous Claims And Story-Telling As Testimony In Canadian Courts, Zia Akhtar 2022 Seattle University School of Law

The Rule Against Hearsay, Indigenous Claims And Story-Telling As Testimony In Canadian Courts, Zia Akhtar

American Indian Law Journal

No abstract provided.


Checking Our Attachment To The Charter And Respecting Indigenous Legal Orders: A Framework For Charter Application To Indigenous Governments, Naiomi Metallic 2022 Dalhousie University Schulich School of Law

Checking Our Attachment To The Charter And Respecting Indigenous Legal Orders: A Framework For Charter Application To Indigenous Governments, Naiomi Metallic

Articles, Book Chapters, & Popular Press

No abstract provided.


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