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Articles 31 - 60 of 74
Full-Text Articles in Law
Restoring Harmony Through Nalyeeh: Can The Navajo Common Law Of Torts Be Applied In State And Federal Forums?, J. R. Mueller
Restoring Harmony Through Nalyeeh: Can The Navajo Common Law Of Torts Be Applied In State And Federal Forums?, J. R. Mueller
Tribal Law Journal
Restoring Harmony through Nalyeeh: Can the Navajo Common Law of Torts be Applied in State and Federal Forums? by J. R. Mueller demonstrates "that the Navajo Nation has developed and articulated a modern tort law and doctrine of restitution grounded in Navajo tradition and evolved from ancient custom, similar to the Anglo-American notion of common law." This article also explores whether tribal customary law can be applied in state and federal forums in light of a recent federal case Cheromiah v. United States.
Recurring Problems In Indian Gaming, Kevin Washburn
Recurring Problems In Indian Gaming, Kevin Washburn
Faculty Scholarship
This essay briefly summarizes the history and legal framework of Indian gaming, describes the recent growth in the industry, and discusses some of the legal controversies that have been repeated across the country as states and tribes adjust to their respective roles in the Indian gaming industry.
Easements On Tribal Sovereignty, Todd Miller
Easements On Tribal Sovereignty, Todd Miller
American Indian Law Review
No abstract provided.
Indian Religious Freedom: To Litigate Or Legislate?, Louis Fisher
Indian Religious Freedom: To Litigate Or Legislate?, Louis Fisher
American Indian Law Review
No abstract provided.
State Corporations For Indian Reservations, Dao Lee Bernardi-Boyle
State Corporations For Indian Reservations, Dao Lee Bernardi-Boyle
American Indian Law Review
No abstract provided.
The Dormant Indian Commerce Clause: Up In Smoke?, Richard D. Agnew
The Dormant Indian Commerce Clause: Up In Smoke?, Richard D. Agnew
American Indian Law Review
No abstract provided.
Just Say The "Magic Words": Advocating An Arbitration Clause Should Be Held To An Express Waiver Standard For The Doctrine Of Indian Sovereign Immunity--C&L Enterprises V. Citizen Band Potawatomi Indian Tribe, Jeremy Clinefelter
American Indian Law Review
No abstract provided.
Remarks By President Clinton To The Pine Ridge Indian Reservation Community, July 7, 1999
Remarks By President Clinton To The Pine Ridge Indian Reservation Community, July 7, 1999
American Indian Law Review
No abstract provided.
Problems And Solutions Regarding Indigenous Peoples Split By International Borders, Richard Osburn
Problems And Solutions Regarding Indigenous Peoples Split By International Borders, Richard Osburn
American Indian Law Review
No abstract provided.
Resource Law Notes Newsletter, No. 51, Winter/Spring Issue, Mar. 2001, University Of Colorado Boulder. Natural Resources Law Center
Resource Law Notes Newsletter, No. 51, Winter/Spring Issue, Mar. 2001, University Of Colorado Boulder. Natural Resources Law Center
Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)
No abstract provided.
[Introduction To] Uneven Ground: American Indian Sovereignty And Federal Law, David E. Wilkins, K. Tsianina Lomawaima
[Introduction To] Uneven Ground: American Indian Sovereignty And Federal Law, David E. Wilkins, K. Tsianina Lomawaima
Bookshelf
In the early 1970s, the federal government began recognizing self-determination for American Indian nations. As sovereign entities, Indian nations have been able to establish policies concerning health care, education, religious freedom, law enforcement, gaming, and taxation. Yet these gains have not gone unchallenged. Starting in the late 1980s, states have tried to regulate and profit from casino gambling on Indian lands. Treaty rights to hunt, fish, and gather remain hotly contested, and traditional religious practices have been denied protection. Tribal courts struggle with state and federal courts for jurisdiction. David E. Wilkins and K. Tsianina Lomawaima discuss how the political …
Uniform Laws And Tribal Legislation; One Tribe's Perspective, Truman Carter, Fred H. Miller
Uniform Laws And Tribal Legislation; One Tribe's Perspective, Truman Carter, Fred H. Miller
American Indian Law Review
No abstract provided.
Jurisdiction Of Ute Reservation Lands, John D. Barton, Candace M. Barton
Jurisdiction Of Ute Reservation Lands, John D. Barton, Candace M. Barton
American Indian Law Review
No abstract provided.
Nevada V. Hicks: No Threat To Most Nevada Tribes, Ronald Eagleye Johnny
Nevada V. Hicks: No Threat To Most Nevada Tribes, Ronald Eagleye Johnny
American Indian Law Review
No abstract provided.
The Exhausted Doctrine, Letitia Ness
Exercising Cultural Self-Determination: The Makah Indian Tribe Goes Whaling, Robert J. Miller
Exercising Cultural Self-Determination: The Makah Indian Tribe Goes Whaling, Robert J. Miller
American Indian Law Review
No abstract provided.
The De Facto Termination Of Alaska Native Sovereignty: An Anomaly In An Era Of Self-Determination, Benjamin W. Thompson
The De Facto Termination Of Alaska Native Sovereignty: An Anomaly In An Era Of Self-Determination, Benjamin W. Thompson
American Indian Law Review
No abstract provided.
President Clinton Illuminates The Need For Investment In Native American Communities, Jackie Barone
President Clinton Illuminates The Need For Investment In Native American Communities, Jackie Barone
American Indian Law Review
No abstract provided.
Sovereign Immunity: Should The Sovereign Control The Purse?, Thomas P. Schlosser
Sovereign Immunity: Should The Sovereign Control The Purse?, Thomas P. Schlosser
American Indian Law Review
No abstract provided.
"Invidious" American Indian Tribal Sovereignty: Morton V. Mancari Contra Adarand Constructors, Inc. V. Pena, Rice V. Cayetano, And Other Recent Cases, Frank Shockey
American Indian Law Review
No abstract provided.
The Miccosukee Indians And Environmental Law: A Confederacy Of Hope, William H. Rodgers, Jr.
The Miccosukee Indians And Environmental Law: A Confederacy Of Hope, William H. Rodgers, Jr.
Articles
Two legal orphans have found each other. The older one is "Indian Law," a confused, embarrassing, and twisted body of legal rules that "explain" the relationships between the United States and its native peoples. The newer one is "Environmental Law," a complex and jumbled stew of cases and statutes that "prescribe" proper behavior between modern Americans and the natural world.
Both these children of the law are suspected of subversion—the one is tainted by advocates of separate sovereignties, the other by critics of the American way of life. For Native Americans and environmentalists, their recent legal merger is a confederacy …
The Manipulation Of Indigenous Status: The Federal Government As Shape-Shifter, David E. Wilkins
The Manipulation Of Indigenous Status: The Federal Government As Shape-Shifter, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
"The federal-Indian relationship is like no other in the world. Indian tribes are denominated 'domestic-dependent nations' but their practical relationship with the United States 'resembles that of a ward to his guardian.' Indian tribes appear to have the same political status as the independent states of San Marino, Monaco, and Liechtenstein, yet they have little real self-government and seem to be forever mired in a state of political and economic pupilage."
This fifteen-year-old statement from Vine Deloria, Jr., the preeminent Indian political and legal scholar, still accurately reflects the convoluted nature of indigenous political, legal, and economic statuses in the …
Judicial Terror Confronts Indian Nations, David E. Wilkins
Judicial Terror Confronts Indian Nations, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
As the Bush Administration broadens its constitutionally problematic assault on real and alleged terrorists, both home and abroad, endangering the very rights and liberties it accused Osama bin Laden of savagely attacking, the judicial branch of the government, occupied by a majority of conservative justices, is doing its part to shatter the sovereign rights and economic liberties of indigenous nations.
When Indian Law And Tax Law Collide: How Pull-Tab Games Got To The Supreme Court , John Burgess
When Indian Law And Tax Law Collide: How Pull-Tab Games Got To The Supreme Court , John Burgess
Cleveland State Law Review
This Note will explore the reasons why two identical cases can turn out with completely different results. To do so, consideration will be given to the statutes involved and the varying interpretations of these statutes. Another important consideration is the policy behind these statutes, especially the IGRA. Part II will describe what the pull-tab games are, the statutes at issue, the conflicting cases, and the statutory interpretation issue. Part III will describe how the tenets of Indian Law can affect the analysis. Part IV will contain an analysis of the statutes and compare it to how the courts analyzed them. …
The Navajo Nation's Peacemaker Division: An Integrated, Community-Based Dispute Resolution Forum, Howard L. Brown Esq.
The Navajo Nation's Peacemaker Division: An Integrated, Community-Based Dispute Resolution Forum, Howard L. Brown Esq.
American Indian Law Review
No abstract provided.
Report Of The National Gambling Impact Study Commission, Jackie Barone
Report Of The National Gambling Impact Study Commission, Jackie Barone
American Indian Law Review
No abstract provided.
Aboriginal Rights In Transition: Reassessing Aboriginal Title And Governance, Kent Mcneil
Aboriginal Rights In Transition: Reassessing Aboriginal Title And Governance, Kent Mcneil
Articles & Book Chapters
In a series of important decisions, the Court has come to grips with a number of issues that it did its best to avoid in the past, involving the identification and definition of Aboriginal rights, the content of Aboriginal title to land and the requirements for proving it, and the relevance of the law of New France to Aboriginal rights today. This paper will focus on these recent developments in the law, as well as attempting to identify areas where the law of Aboriginal rights is incomplete and so requires further judicial elucidation.
A Jurisdictional Quandary: Challenges Facing Tribal Governments In Implementing The Full Faith And Credit Provisions Of The Violence Against Women Acts, Melissa L. Tatum
A Jurisdictional Quandary: Challenges Facing Tribal Governments In Implementing The Full Faith And Credit Provisions Of The Violence Against Women Acts, Melissa L. Tatum
Kentucky Law Journal
No abstract provided.
Federalism: The Imprecise Calculus Of Dual Sovereignty, 35 J. Marshall L. Rev. 1 (2001), John H. Clough
Federalism: The Imprecise Calculus Of Dual Sovereignty, 35 J. Marshall L. Rev. 1 (2001), John H. Clough
UIC Law Review
No abstract provided.
Undoing Indian Law One Case At A Time: Judicial Minimalism And Tribal Sovereignty, Sarah Krakoff
Undoing Indian Law One Case At A Time: Judicial Minimalism And Tribal Sovereignty, Sarah Krakoff
Publications
No abstract provided.