Seattle University School of Law
University of New Mexico - School of Law
Drummond Woodsum
Osgoode Hall Law School of York University
University of Nevada, Las Vegas -- William S. Boyd School of Law
Washington University in St. Louis
Visiting Professor of Law at Roger Williams University School of Law
Textualism And The Indian Canons Of Statutory Construction,
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 ...
Pandemics In Indian Country: The Making Of The Tribal State,
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),
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,
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,
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,
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,
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,
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,
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,
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
Table Of Contents,
2022
University of Montana
Editors And Staff Members,
2022
University of Montana
Legal Rights For Rivers,
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,
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,
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,
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,
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.
Extraction Of Personal Data: A New Form Of Colonialism Or Continuation Of A Colonial Practice? Adult Native American Adoptees Resist Assimilation And Rebuild Erased Identities,
2022
Seattle University School of Law
Extraction Of Personal Data: A New Form Of Colonialism Or Continuation Of A Colonial Practice? Adult Native American Adoptees Resist Assimilation And Rebuild Erased Identities, Leonard Mukosi
American Indian Law Journal
A new form of colonialism, distinctive of the 21st century is reported to be taking shape: data colonialism. Data colonialism interprets the contemporary capture and processing of personal data by governments or data corporations as an evolution of historical colonialism. Scholars who advance this theory do not juxtapose the contents, form, let alone the physical violence of historical colonialism with the contemporary practices of appropriation of personal data. Instead, they only refer to historic colonialism in the context of its function within the development of economies on a global scale. The main argument made in this paper is that; to ...
Crossing The Dark And Fearful River: Monsanto, Pcbs, And Emerging Tort Theories,
2022
Seattle University School of Law
Crossing The Dark And Fearful River: Monsanto, Pcbs, And Emerging Tort Theories, Keith Dornan, Jamie Hearn
American Indian Law Journal
guide the discussion.
Tribal, state, and city authorities are currently pursuing or have settled product liability, public nuisance, and other common law and statutory tort claims brought against Monsanto[1] for PCB contamination.[2] “Sovereign-led” litigation melds traditional plaintiff common law tort litigation with sovereign-led environmental suits and is an emerging trend in environmental law.[3] Tort claims against the manufacturers of contaminants ubiquitous in the environment give sovereigns a new angle for pursuing damages separate from a traditional statutory environmental claim under federal or state regulatory schemes, such as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
