Cobell Settlement Finalized After Years Of Litigation: Victory At Last?,
2013
University of Oklahoma College of Law
Cobell Settlement Finalized After Years Of Litigation: Victory At Last?, Brooke Campbell
American Indian Law Review
No abstract provided.
May I See Your Id? How Voter Identification Laws Disenfranchise Native Americans' Fundamental Right To Vote,
2013
University of Oklahoma College of Law
May I See Your Id? How Voter Identification Laws Disenfranchise Native Americans' Fundamental Right To Vote, Sally Harrison
American Indian Law Review
No abstract provided.
Tribal Rights, Human Rights,
2013
University of Colorado Law School
Tribal Rights, Human Rights, Kristen A. Carpenter, Angela R. Riley
Publications
No abstract provided.
Jurisdiction And Human Rights Accountability In Indian Country,
2013
Wayne State University
Jurisdiction And Human Rights Accountability In Indian Country, Kristen Matoy Carlson
Law Faculty Research Publications
No abstract provided.
The Ambition And Transformative Potential Of Progressive Property,
2013
American University Washington College of Law
The Ambition And Transformative Potential Of Progressive Property, Ezra Rosser
Ezra Rosser
The emerging progressive property school celebrates and finds its meaning in the social nature of property. Rejecting the idea that exclusion lies at the core of property law, progressive property scholars call for a reconsideration of the relationships owners and nonowners have with property and with each other. Despite these ambitions, progressive property scholarship has so far largely confined itself to questions of exclusion and access. This Essay argues that such an emphasis glosses over race-related acquisition and distribution problems that pervade American history and property law. The modest structural changes supported by progressive property scholars fail to account for …
The Promise And Perils Of Renewable Energy On Tribal Lands,
2013
University of Connecticut
The Promise And Perils Of Renewable Energy On Tribal Lands, Sara C. Bronin
Sara C. Bronin
In theory, the ninety-five million acres of tribal lands in the United States are perfect sites for the renewable energy infrastructure that could help to meet the energy needs of not just tribes, but the rest of the nation. They often have plentiful sunlight, wind, and open space, resources that are important prerequisites for renewable energy production. They are not necessarily governed by the land use or environmental regulations that sometimes inhibit energy projects in more densely populated areas. At the same time, on-site renewable energy may provide direct economic benefits for tribes, including “green jobs,” infrastructure improvements, and production …
Priceless Property,
2013
Wayne State University
Priceless Property, Kirsten Matoy Carlson
Law Faculty Research Publications
In 2011, the poorest American Indians in the United States refused to accept over one billion dollars from the United States government. They reiterated their long-held belief that money--even $1.3 billion--could not compensate them for the taking of their beloved Black Hills. A closer look at the formation of the Sioux claim to the Black Hills helps us to understand why the Sioux Nation has repeatedly rejected compensation for land taken by the United States over 100 years ago. This article seeks to understand why the Sioux view the Black Hills as priceless property by studying the formation of the …
Cross-Boundary Water Transfers In The Colorado River Basin: A Review Of Efforts And Issues Associated With Marketing Water Across State Lines Or Reservation Boundaries,
2013
University of Colorado Law School
Cross-Boundary Water Transfers In The Colorado River Basin: A Review Of Efforts And Issues Associated With Marketing Water Across State Lines Or Reservation Boundaries, Colorado River Governance Initiative, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Western Water Policy Program
Books, Reports, and Studies
65 p. : charts ; 29 cm
Getches Wilkinson Center Newsletter, Winter/Spring 2013,
2013
University of Colorado Law School
Getches Wilkinson Center Newsletter, Winter/Spring 2013, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)
No abstract provided.
A Context-Sensitive Inquiry: The Interpretation Of Meaning In Cases Of Visual Appropriation Art, 12 J. Marshall Rev. Intell. Prop. L. 746 (2013),
2013
UIC School of Law
A Context-Sensitive Inquiry: The Interpretation Of Meaning In Cases Of Visual Appropriation Art, 12 J. Marshall Rev. Intell. Prop. L. 746 (2013), Elizabeth Winkowski
UIC Review of Intellectual Property Law
As Andy Warhol’s famous depiction of a soup can has demonstrated, the meaning of a work depends on its context. While the Campbell’s label signified one thing to shoppers in supermarkets, it raised new questions when presented as a work of art. Warhol’s work is just one example of what has come to be known as appropriation art, an artistic practice that borrows and repurposes images from the media, popular culture, and other sources. Unsurprisingly, this art form is in frequent tension with copyright law. This comment suggests that in analyzing the“purpose and character” factor of the fair use inquiry, …
[Chapter 1 From] Hollow Justice: A History Of Indigenous Claims In The United States,
2013
University of Richmond
[Chapter 1 From] Hollow Justice: A History Of Indigenous Claims In The United States, David E. Wilkins
Bookshelf
This book, the first of its kind, comprehensively explores Native American claims against the United States government over the past two centuries. Despite the federal government's multiple attempts to redress indigenous claims, a close examination reveals that even when compensatory programs were instituted, native peoples never attained a genuine sense of justice. David E. Wilkins addresses the important question of what one nation owes another when the balance of rights, resources, and responsibilities have been negotiated through treaties. How does the United States assure that guarantees made to tribal nations, whether through a century old treaty or a modern day …
[Introduction To] The Navajo Political Experience,
2013
University of Richmond
[Introduction To] The Navajo Political Experience, David E. Wilkins
Bookshelf
Native nations, like the Navajo nation, have proven to be remarkably adept at retaining and exercising ever-increasing amounts of self-determination even when faced with powerful external constraints and limited resources. Now in this fourth edition of David E. Wilkins' The Navajo Political Experience, political developments of the last decade are discussed and analyzed comprehensively, and with as much accessibility as thoroughness and detail. The Diné people and their governing leaders have recently experienced a host of events that dramatically affected the shape of the nation—a plethora of effective grassroots organizations that had a profound impact on the structure of …
The School-To-Prison Pipeline Tragedy On Montana’S American Indian Reservations,
2013
Loyola University Chicago, Law School
The School-To-Prison Pipeline Tragedy On Montana’S American Indian Reservations, Melina A. Healey
Faculty Publications & Other Works
No abstract provided.
Land Into Trust: An Inquiry Into Law, Policy, And History,
2013
University of South Dakota School of Law
Land Into Trust: An Inquiry Into Law, Policy, And History, Frank Pommersheim
Frank Pommersheim
No abstract provided.
Extraterritoriality And Extranationality: A Comparative Study,
2013
Cornell Law School
Extraterritoriality And Extranationality: A Comparative Study, Zachary D. Clopton
Cornell Law Faculty Publications
International lawyers are familiar with the concept of extraterritoriality the application of one country's laws to persons, conduct, or relationships outside of that country. Yet the transborder application of law is not limited to international cases. In many states, the presence of indigenous peoples, often within defined borders, creates an analogous puzzle. This Article begins a comparative study of foreign- and native-affairs law by examining the application of domestic laws to foreign facts ("extraterritoriality") and to indigenous peoples, often called "nations" ("extranationality"). Using a distinctive double-comparative perspective, this Article analyzes extraterritoriality and extranationality across three countries: the United States, Canada, …
Criminal Justice In Indian Country,
2013
Mitchell Hamline School of Law
Criminal Justice In Indian Country, Sarah Deer
Faculty Scholarship
On March 7,2013, President Obama signed the 2013 Violence Against Women Act Re-authorization ("VAWA 2013"). Contained within that legislation is a partial re-authorization of tribal criminal jurisdiction over non-Indians, which is a topic covered in this short article. VAWA 2013 recognizes that the inherent right of tribal nations includes criminal jurisdiction over non-Indian defendants accused of domestic violence. The topics discussed in this article-statistical evidence, interdiction of violence, and protecting Native women-will likely become even more important as tribal leaders and jurists consider the future of tribal self-determination and seek to realize the full potential of the changes created by …
Dakota Tribal Courts In Minnesota: Benchmarks Of Self-Determination,
2013
Mitchell Hamline School of Law
Dakota Tribal Courts In Minnesota: Benchmarks Of Self-Determination, Sarah Deer, John E. Jacobson
Faculty Scholarship
Professor Frank Pommersheim has written that “[t]ribal courts are the front line institutions that most often confront issues of American Indian self-determination and sovereignty.”1 It is only fitting, then, that an issue devoted to the legal history and survival of Dakota people includes some information about the role Dakota tribal courts play in furthering the aims of self-determination. Of the over 565 federally recognized tribes in the United States, most operate some form of dispute resolution or judicial system—and all have distinct, unique histories and stories.2 Little has been written about the Dakota legal systems, and it is in the …
Minnesota Bounties On Dakota Men During The U.S.-Dakota War,
2013
Mitchell Hamline School of Law
Minnesota Bounties On Dakota Men During The U.S.-Dakota War, Colette Routel
Faculty Scholarship
The U.S.-Dakota War was one of the formative events in Minnesota history, and despite the passage of time, it still stirs up powerful emotions among descendants of the Dakota and white settlers who experienced this tragedy. Hundreds of people lost their lives in just over a month of fighting in 1862. By the time the year was over, thirty-eight Dakota men had been hanged in the largest mass execution in United States history. Not long afterwards, the United States abrogated its treaties with the Dakota, confiscated their reservations along the Minnesota River, and forced most of the Dakota to remove …
Remarks Of David H. Getches: Federal Bar Association Indian Law Conference (April 7, 2011),
2013
University of Colorado Law School
Remarks Of David H. Getches: Federal Bar Association Indian Law Conference (April 7, 2011), David H. Getches
University of Colorado Law Review
No abstract provided.
Off The Beaten Path? The Ninth Circuit's Approach To Tribal Courts' Civil Jurisdiction Over Nonmember Defendants,
2013
University of Oklahoma College of Law
Off The Beaten Path? The Ninth Circuit's Approach To Tribal Courts' Civil Jurisdiction Over Nonmember Defendants, Jacob R. Masters
American Indian Law Review
No abstract provided.
