Native American Studies Commons^™

The Dream Of Property: Law And Environment In William T. Vollmann’S Dying Grass And Leslie Marmon Silko’S Almanac Of The Dead, Ted Hamilton

Faculty Journal Articles

This article describes how the law inflects the narration of environmental conflict in William T. Vollmann’s Dying Grass (2015) and Leslie Marmon Silko’s Almanac of the Dead (1991). By focusing on the legal common sense of settler colonialism—its emphasis on private property in land and its subjugation of Indigenous peoples to the guardianship of the state—the article explores the ways in which Vollmann’s and Silko’s novels present counternarratives to the law’s story of justified conquest. Combining a law and literature approach with ecocriticism, this article highlights the importance of the legal imagination in defining human-land relations in the United States. …

A Jurisprudential Quilt Of Tribal Civil Jurisdiction: An Analysis Of Tribal Court Approaches To Determining Civil Adjudicatory Jurisdiction, Jacob Maiman-Stadtmauer

American Indian Law Journal

There are hundreds of Native American Tribes with their own judicial systems and courts. Under the test first established in Montana v. United States, the Supreme Court of the United States has provided a single, nebulous standard for determining the limits of tribal courts’ jurisdiction over non-Indians. Scholars and federal jurists have long assumed that the Supreme Court's framework limiting tribal civil jurisdiction is essential to how tribal courts determine jurisdiction. This paper challenges that assumption. Through a first of its kind survey of tribal court decisions on civil jurisdiction, spanning 26 tribes and covering 71 decisions, this paper …

The Digital Isolation Of Indigenous Communities, Myranda Buiquy

American Indian Law Journal

The crude mistreatment of the tribes across America has continued to undermine Indigenous wealth and empowerment, leaving many Native people without proper housing, education, running water, healthcare, and telecommunications services. Tribes are forced to advocate for themselves to the federal government, instead of receiving support and compensation for generations of colossal exploitation.The federal government continues to breach their responsibility in protecting tribal treaty rights and must assume responsibility in closing an economic divide that has only worsened due to the pandemic.

Indigenous communities continue to endure disadvantaged living conditions, leaving their people without adequate resources. In addition, this vulnerable demographic …

Education Administration In Federal Indian Law: Learning From A Colonial Project Turned Tool Of Liberation, Ariel Liberman, Douglas L. Waters Jr.

American Indian Law Journal

While statistics tend to focus on the difficulties facing tribal education, this article endeavors to look at the matter with fresh eyes. The federal administrative paradigm governing tribal schools has gone from a tool of cultural genocide to a mechanism for empowerment. A survey of recent governmental reforms demonstrates an embrace of the diversity of Indigenous communities, an interest in empowering students through learning, and an acknowledgement of a history of active disenfranchisement. This is ever-evolving federal-tribal relationship shows the administrative state’s capacity for dealing with greatly nuanced community needs and for tailor-making reforms to achieve concrete goals, even if …

Native America: Universities As Quasi-Cities, Sovereignty And The Power To Name, Victoria Sutton

American Indian Law Journal

Universities as quasi-cities have an obligation to reflect on their educational mission, and public universities have a responsibility to Native America through the unique federal trust responsibility owed to Native Nations by the federal government. The naming of buildings and transitioning to responsible adulthood requires universities, administrators, and students to reflect on who we were, who we are now, and whom we hope to be. Collaborative efforts to work with Native Nations should be undertaken with regard to naming issues.

Sovereigns possess power to control historical narratives and outcomes through their sovereign power to (1) name geographical places; (2) protect …

The Ascension Of Indigenous Cultural Property Law, Angela R. Riley

Michigan Law Review

Indigenous Peoples across the world are calling on nation-states to “decolonize” laws, structures, and institutions that negatively impact them. Though the claims are broad based, there is a growing global emphasis on issues pertaining to Indigenous Peoples’ cultural property and the harms of cultural appropriation, with calls for redress increasingly framed in the language of human rights. Over the last decade, Native people have actively fought to defend their cultural property. The Navajo Nation sued Urban Outfitters to stop the sale of “Navajo panties,” the Quileute Tribe sought to enjoin Nordstrom’s marketing of “Quileute Chokers,” and the descendants of Tasunke …

2022-2023 Impact Series - Native American Indian / Alaskan Native Heritage Awareness Resource Guide, Amy An

Impact Series Study Guides

Native American Indian / Alaskan Native Heritage Impact Series Resource Guide: A guide to Impact Series events and the topics of Native American Indian/ Alaskan Native Heritage Awareness.

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 by …

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 Reservation. …

A Call For The Library Community To Deploy Best Practices Toward A Database For Biocultural Knowledge Relating To Climate Change, Martha B. Lerski

Publications and Research

Abstract

Purpose – In this paper, a call to the library and information science community to support documentation and conservation of cultural and biocultural heritage has been presented.

Design/methodology/approach – Based in existing Literature, this proposal is generative and descriptive— rather than prescriptive—regarding precisely how libraries should collaborate to employ technical and ethical best practices to provide access to vital data, research and cultural narratives relating to climate.

Findings – COVID-19 and climate destruction signal urgent global challenges. Library best practices are positioned to respond to climate change. Literature indicates how libraries preserve, share and cross-link cultural and scientific knowledge. …

Food Insecurity, Racial Diversity, And Reservation Land: Relationships With The Credit Security Index, Theodor Gordon, Braden Orr

Initiative for Native Nation Relations

The Fair Housing Act and the Equal Credit Opportunity Act prohibit banks from discriminating based on race, gender, national origin, and other protected categories. Are these laws enough to mitigate the multigenerational impacts of discrimination experienced by these communities? To address this question, this project examined whether unequal access to credit persists in communities on or adjacent to Indian reservations, communities with high levels of racial diversity, and communities where women are a greater percentage of the population than men.

Trailblazing And Living A Purposeful Life In The Law: A Dakota Woman's Reflections As A Law Professor, Angelique Eaglewoman

Faculty Scholarship

This Essay is a reflection from my perspective as a Dakota woman law professor on my fifth law school faculty. In the illuminating work of Meera Deo, light is shone on the experience of women of color legal academics. Unequal Profession: Race and Gender in Legal Academia is a book that should be required reading at every law school. As women of color are faculty members in every law school in the United States, the research, analysis, and recommendations tailored to the experience of women of color law faculty should be a priority topic in those same law schools. As …

Storytelling And Truth-Telling: Personal Reflections On The Native American Experience In Law Schools, Angelique Eaglewoman, Dominic J. Terry, Lani Petrulo, Dr. Gavin Clarkson, Angela Levasseur, Leah R. Sixkiller, Jack Rice

Mitchell Hamline Law Review

No abstract provided.

Reclamation: Managing Water In The West; An Overview Of The Pick-Sloan Missouri Basin Program, United States Bureau Of Reclamation, Roger S. Otstot

US Government Documents Related to Indigenous Nations

This undated summary released by the Bureau of Reclamation offers a concise overview of the Pick-Sloan Missouri Basin flood control plan which was enacted when Congressed passed the Flood Control Act of 1944. This plan led to the construction of several dams in the Missouri River basin, including the Garrison Dam. The completion of the Garrison Dam displaced the majority of the Mandan, Hidatsa, and Arikara people living on the Fort Berthold Reservation. This document contains tables, graphs, maps, and a photograph.

Roots Of Justice: Historical Truth And Reconciliation In Lincoln And Nebraska, Veronica Nohemi Duran, Crystal Dunning, Kathleen A. Johnson, Paul Olson

Truth and Reconciliation History Project

A bibliography of resources about the history in Nebraska of Native Americans, African Americans, Latinos, Asian Americans and Recent Refugees

We hope that these five bibliographies will prove fruitful in helping us to understand what our history has been, where we have gone astray, and what we can do to help bring about reconciliation in our community and in our state.

The discovery of what has happened in Nebraska in the last hundred and seventy years is not an easy task, but it is our goal in putting together this bibliography to begin that task. By putting together a picture …

An Uncomfortable Truth: Indigenous Communities And Law In New England: Roger Williams University Law Review Symposium 10/22/2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Treaty Stories: Reclaiming The Unbroken History Of Lac Courte Oreilles Ojibwe Sovereignty, Margaret Huettl

Department of History: Faculty Publications

Ojibwe leaders negotiated treaties with the United States amid nineteenth-century encroachments on their territory. These treaties, which were more than tools of dispossession, enfolded and extended aadizookanag (sacred stories) in agreements that embodied Ojibwe relationships with land, language, sacred history, ceremony, and kin. Federal and state policy makers, fueled by the desire for Indian land and resources, attempted to unravel these relationships in the decades that followed. By continuing to live out through labor and stories their relationships with the woods, waters, and manoomin (wild rice) beds of Anishinaabewaki, the Lac Courte Oreilles Ojibweg kept their treaties and their sovereignty …

Mcgirt V. Oklahoma, United States Supreme Court, Neil M. Gorsuch

US Government Documents Related to Indigenous Nations

This United States (US) Supreme Court case, decided July 9, 2020, clarified the boundaries of Indigenous land within the state of Oklahoma (OK) and, by extension, the limits of Oklahoma’s jurisdictional reach. Following the perpetration of his crimes in 1997, Oklahoma state court convicted Jimcy McGirt of three sexual offenses; however, McGirt contended that the state lacked the jurisdiction to try him for these crimes because he is an enrolled member of the Seminole Nation and because his crimes took place on the Creek Reservation (Muscogee Nation). Oklahoma argued that although an 1883 Treaty established a section of land for …

Status Of Mineral Ownership Underlying The Missouri River Within The Boundaries Of The Fort Berthold Indian Reservation (North Dakota), Department Of The Interior, Daniel H. Jorjani

US Government Documents Related to Indigenous Nations

This memorandum, dated May 26, 2020, from the United States Department of the Interior (Office of the Solicitor) to the Assistant Secretary of US Indian Affairs and the Assistant Secretary of Land and Minerals Management rescinds the Solicitor’s January 18, 2017 opinion regarding mineral rights on the Fort Berthold Reservation and asserts that the state of North Dakota, not the Three Affiliated Tribes, is the legal owner of the submerged lands beneath the Missouri River. The Solicitor cites the “Historical Examination of the Missouri River within the Fort Berthold Indian Reservation, Precontact-1902” and his interpretation of laws and case precedent …

The Care Principles For Indigenous Data Governance, Global Indigenous Data Alliance

Copyright, Fair Use, Scholarly Communication, etc.

The CARE Principles for Indigenous Data Governance

The current movement toward open data and open science does not fully engage with Indigenous Peoples rights and interests. Existing principles within the open data movement (e.g. FAIR: findable, accessible, interoperable, reusable) primarily focus on characteristics of data that will facilitate increased data sharing among entities while ignoring power differentials and historical contexts. The emphasis on greater data sharing alone creates a tension for Indigenous Peoples who are also asserting greater control over the application and use of Indigenous data and Indigenous Knowledge for collective benefit.

This includes the right to create value …

Clark Memorandum: Fall 2017, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Ascending the Mountain: A Story of the People of the Great Hill (Michalyn Steele)
• Unlocking Potential: How a Law Degree Amplifies Your Ability to Bless the World (Jane Mitchell)
• The EU Apple Case: Who Has a Dog in the Fight? (J. Clifton Fleming, Jr.)

Interior Department And Army Corps Announce Restoration Of Tribal Lands For The Three Affiliated Tribes Of The Fort Berthold Reservation; Transfer Restores Nearly 25,000 Acres Of Tribal Homelands Lost To The Garrison Dam Project, Department Of The Interior, Assistant Secretary Of The Army For Civil Works

US Government Documents Related to Indigenous Nations

This news release, dated December 20, 2016, from the United States (US) Department of the Interior and the US Assistant Secretary of the Army announces the return of 24,959 acres of land on the Fort Berthold Reservation to the Three Affiliated Tribes of the Fort Berthold Reservation. The returned land was part of the 153,000 acres of land taken by the United States Government for construction of the Garrison Dam. The authority of this transfer is granted by the Fort Berthold Mineral Restoration Act of 1984 (Public Law 98-602). This press release provides some background on the Garrison Dam Project …

Fact Sheet: Potential Transfer Of Garrison Dam/Lake Sakakawea Project Lands, United States Army Corps Of Engineers

US Government Documents Related to Indigenous Nations

This 2016 fact sheet released by the United States (US) Army Corps of Engineers, discusses the potential return of lands within the Fort Berthold Reservation to the Three Affiliated Tribes of the Fort Berthold Reservation. The lands in question are part of 153,000 acres that were taken for the construction and operation of the Garrison Dam. The authority of this return is granted by the Fort Berthold Mineral Restoration Act of 1984 (Public Law 98-602). The fact sheet includes a brief history of the lands in question, the process of the return, and the status of the return.

Memorandum Of Agreement Between The Department Of The Interior And The Department Of The Army Pursuant To Section 206(B) Of The Fort Berthold Mineral Restoration Act, Public Law 98-602 (1984), United States Department Of The Interior, Us Department Of The Army (Civil Works), Us Department Of Indian Affairs

US Government Documents Related to Indigenous Nations

This Memorandum of Agreement, dated May 6, 2015, from the United States (US) Department of the Interior, the US Department of the Army (Civil Works), and the US Department of Indian Affairs, outlines the process by which a portion of land that was taken from the Three Affiliated Tribes of the Fort Berthold Reservation for construction and operation of the Garrison Dam be returned to the Three Affiliated Tribes. The authority of this return is granted by the Fort Berthold Mineral Restoration Act of 1984 (Public Law 98-602).

An Historical Archaeological Investigation Of The Indianola Prisoner Of War Camp In Southwestern Nebraska, Allison Marie Young

Department of Anthropology: Theses and Student Research

Second World War military operations resulted in the capture of thousands of prisoners of war. This led to the creation of internment facilities by both the Axis and the Allies. Archaeologists have begun to examine these facilities. The United States government established a POW program with numerous camps all over the country. This study provides the results of historical archaeological research at the Indianola prisoner of war camp in southwestern Nebraska. A goal of this research is to determine if the archaeological record reflects adherence to the Geneva Convention of 1929. The investigation included archival research and archaeological fieldwork with …

Framing Red Power: The American Indian Movement, The Trail Of Broken Treaties, And The Politics Of Media, Jason A. Heppler

Department of History: Dissertations, Theses, and Student Research

This study explores the relationship between the American Indian Movement (AIM), national newspaper and television media, and the Trail of Broken Treaties caravan in November 1972 and the way media framed, or interpreted, AIM's motivations and objectives. The intellectual and political currents present in the 1960s, including the ideas of Vine Deloria, Jr., and the successes of the Civil Rights Movement, influenced the development of AIM's ideas about militant tactics and the role media played in social movements. AIM entered the national stage with the occupation of the Bureau oflndian Affairs in late 1972 and used television broadcasts and print …

Review Of The Cherokee Nation And The Trail Of Tears By Theda Perdue And Michael D. Green, Rowena Mcclinton

Great Plains Quarterly (through 2013)

Past chief of the Cherokee Nation (1985-1995) and social activist Wilma Mankiller remarked, "We are still here." Facing rampant racism, a fraudulent treaty, and then dislocation from their homelands in the southeast, Cherokees not only survived but prevailed. Reflectively, Theda Perdue and Michael Green have summarized the complexity and cunning complicity surrounding the 1838-9 infamous Cherokee displacement known as the Trail of Tears, adding to the scholarship of Tim Garrison, Gary Moulton, Walter Conser, Mary Young, and the late William G. McLoughlin.

They juxtapose the remarkable lives of two adversarial Cherokee figures, Major Ridge (along with his son John Ridge, …

Effects Report: Potential Transfer Of Garrison Project Lands Within The Fort Berthold Reservation Boundaries Pursuant To The Fort Berthold Mineral Restoration Act, United States Army Corps Of Engineers, Omaha District, Nebraska

US Government Documents Related to Indigenous Nations

This report, dated April 2008, from the United States (US) Army Corps of Engineers (Omaha District, Nebraska) explains the potential transfer of unused lands from the Garrison Dam Project to the Three Affiliated Tribes of Fort Berthold Reservation. The land transfer proposed to return a portion of land out of the 153,000 acres taken by the US Government for the construction of the Garrison Dam. The authority of this transfer is granted by the Fort Berthold Mineral Restoration Act of 1984 (Public Law 98-602). This report is broken into six sections: Introduction, Authority, Criteria, Proposed Determination, Determination, and Conclusion. An …

Colonial Constructs And Legally Sanctioned Sexually Violent Consequences In R V. Edmondson, Nicholas Bonokoski

Reconstruction: Studies in Contemporary Culture

What kind of a system or process would portray a twelve-year-old girl from the Yellow Quill First Nation as a sexual threat to three twenty-something white men, who promising her a ride home, picked her up and got her drunk? The answer: The Canadian legal system. In R v Edmondson a twelve-year old Aboriginal girl, who was sexually assaulted by Dean Edmondson, Jeffrey Brown, and Jeffrey Kindrat from Tisdale Saskatchewan, was portrayed by the judge as a "sexual aggressor". This paper focuses on the trial of Dean Edmondson in which, according to Judge Kovatch, the girls "sexual aggression" led to …

Draft Effects Report: Potential Transfer Of Garrison Project Lands Within The Fort Berthold Reservation Boundaries, Pursuant To The Fort Berthold Mineral Restoration Act, Us Army Corps Of Engineers, Omaha District, Nebraska

US Government Documents Related to Indigenous Nations

This report, dated May 2006, from the United States (US) Army Corps of Engineers (Omaha District, Nebraska) explains the potential transfer of unused lands from the Garrison Dam Project back to the Three Affiliated Tribes of Fort Berthold Reservation. The land transfer proposed to return a portion of land out of the 153,000 acres taken by the US Government for the construction of the Garrison Dam. The authority of this transfer is granted by the Fort Berthold Mineral Restoration Act of 1984 (Public Law 98-602). This report is broken into four sections: Introduction, Background, Proposed Determination, Public Comment and Response. …