Law Commons^™

Selling Aloha: The Fight For Legal Protections Over Native Hawaiian Culture, Angela Louise R. Tiangco

William & Mary Journal of Race, Gender, and Social Justice

In 2018, a Chicago-based restaurant attempted to enforce a registered trademark of “Aloha Poke” by sending cease-and-desist letters to small businesses with names containing some variation of the phrase. Most of those businesses were owned by Native Hawaiians, causing an uproar due to the terms “aloha” and “poke” having strong ties to traditional Hawaiian culture. Known as the Aloha Poke case, it brought attention to the fact that the United States currently has no definite legal framework to protect the cultural heritage of Native Hawaiians, much less their intangible cultural heritage.

This Note addresses the lack of federal recognition granted …

Tribalism And Democracy, Seth Davis

William & Mary Law Review

Americans have long talked about “tribalism” as a way of talking about their democracy. In recent years, for example, commentators have pointed to “political tribalism” as what ails American democracy. According to this commentary, tribalism is incompatible with democracy. Some commentators have cited Indian Tribes as evidence to support this incompatibility thesis, and the thesis has surfaced within federal Indian law and policy in various guises up to the present day with disastrous consequences for Indian Tribes. Yet much of the talk about tribalism and democracy—within federal Indian law, and also without it—has had little to do with actual tribes. …

Crisis? Whose Crisis?, Jack M. Beermann

William & Mary Law Review

Every moment in human history can be characterized by someone as “socially and politically charged.” For a large portion of the population of the United States, nearly the entire history of the country has been socially and politically charged, first because they were enslaved and then because they were subjected to discriminatory laws and unequal treatment under what became known as “Jim Crow.” The history of the United States has also been a period of social and political upheaval for American Indians, the people who occupied the territory that became the United States before European settlement. Although both African-Americans and …

Civil Rights Notes: American Indians And Banishment, Jury Trials, And The Doctrine Of Lenity, Grant Christensen

William & Mary Bill of Rights Journal

No abstract provided.

Reinstating Treaty-Making With Native American Tribes, Phillip M. Kannan

William & Mary Bill of Rights Journal

No abstract provided.

"Power Over This Unfortunate Race": Race, Politics And Indian Law In United States V. Rogers, Bethany R. Berger

William & Mary Law Review

"[F]rom the very moment the general government came into existence to this time, it has exercised its power over this unfortunate race in the spirit of humanity and justice, and has endeavoured by every means in its power to enlighten their minds and increase their comforts, and to save them if possible from the consequences of their own vices."

In 1846, in United States v. Rogers, the Supreme Court blithely announced the above vision of the history of Indian-United States relations. The first part of the quote describes Indian people as a race and an inferior one; the second part …

Adjudication And The Problems Of Incommensurability, Brett G. Scharffs

William & Mary Law Review

No abstract provided.

The Dark Side Of Efficiency: Johnson V. M'Intosh And The Expropriation Of Amerindian Lands, Eric Kades

Faculty Publications

No abstract provided.

Adjudication In Indian Country: The Confusing Parameters Of State, Federal, And Tribal Jurisdiction, Laurie Reynolds

William & Mary Law Review

No abstract provided.