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Indigenous, Indian, and Aboriginal Law

University of Montana

Faculty Journal Articles & Other Writings

2019

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Full-Text Articles in Law

Beyond Constitutional Frontiers: Tribal Rights, Resources, And Reform, Monte Mills Sep 2019

Beyond Constitutional Frontiers: Tribal Rights, Resources, And Reform, Monte Mills

Faculty Journal Articles & Other Writings

The current era arguably poses the most complex and challenging environmental dilemmas in human history. With climate change, increasingly scarce resources, and exponentially expanding demand, traditional legal notions of standing, harm, and liability are being stretched and reshaped to accommodate a shifting set of values regarding natural resources and potentially respond to the moment. While these novel and innovative approaches are modestly reshaping the fields of natural resources and environmental law, however, the historical and time-honored claims of Indian tribes are also presenting avenues for rethinking the foundations of those areas of law. Arising both within and outside of the …