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Articles 61 - 90 of 200
Full-Text Articles in Law
Coeur D'Alene Tribe's Enduring Relation To Water -- A Legal History, Dylan R. Hedden-Nicely
Coeur D'Alene Tribe's Enduring Relation To Water -- A Legal History, Dylan R. Hedden-Nicely
Articles
No abstract provided.
Coeur D'Alene Tribe's Claims In The Coeur D'Alene-Spokane River Basin Adjudication, Dylan R. Hedden-Nicely
Coeur D'Alene Tribe's Claims In The Coeur D'Alene-Spokane River Basin Adjudication, Dylan R. Hedden-Nicely
Articles
No abstract provided.
Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory, Natsu Taylor Saito
Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory, Natsu Taylor Saito
Florida A & M University Law Review
More than a half-century after the civil rights era, people of color in the United States remain disproportionately impoverished and incarcerated, excluded and vulnerable. Legal remedies rooted in the Constitution's guarantee of equal protection remain elusive. This article argues that the "racial realism" advocated by the late Professor Derrick Bell compels us to look critically at the purposes served by racial hierarchy. By stepping outside the master narrative's depiction of the United States as a "nation of immigrants" with opportunity for all, we can recognize it as a settler state, much like Canada, Australia, and New Zealand. It could not …
Remaking Indians, Remaking Citizens: Peruvian And Mexican Perspectives On Criminal Law And National Integration, Lior Ben David
Remaking Indians, Remaking Citizens: Peruvian And Mexican Perspectives On Criminal Law And National Integration, Lior Ben David
Studio for Law and Culture
At the end of the 20th century, recognition of indigenous peoples’ rights in Latin American constitutions has undergone significant evolution, while legal reforms officially “turned” some of these countries into multicultural nations. For many scholars, this multicultural shift was particularly prominent against a background of many years, during which the legal systems of Latin America ignored, excluded, assimilated and repressed indigenous peoples, portraying “The Indian” as an anomaly in a society of free end equal citizens. This article examines the images, representations and treatment of the Indians and “the Indian Question” in Peruvian and Mexican Criminal Law during the first …
Global Experiences And Learning: A Cornerstone To A Complete Legal Education, Jessica Jones, Jonella Frank, Evelyn Aswad
Global Experiences And Learning: A Cornerstone To A Complete Legal Education, Jessica Jones, Jonella Frank, Evelyn Aswad
Sooner Lawyer Archive
No abstract provided.
Introductory Remarks, James Anaya
Introductory Remarks, James Anaya
Publications
These remarks were delivered at a Corporate Responsibility and Human Rights panel held on Wednesday, April 9, 2014.
Intellectual Property Geographies, Peter K. Yu
Intellectual Property Geographies, Peter K. Yu
Faculty Scholarship
Written for a special issue on intellectual property and geography, this article outlines three sets of mismatches that demonstrate the vitality, utility and richness of analyzing intellectual property developments through a geographical lens. The article begins by examining economic geography, focusing on the tensions and conflicts between territorial borders and sub-national innovation (including those relating to obligations under the WTO TRIPS Agreement). This article then examines the oft-found mismatch between political geography and cultural geography. Illustrating this mismatch is the challenge of protecting traditional knowledge and traditional cultural expressions. The article concludes by exploring the growing mismatch between legal geography …
Indigenous Peoples And The Jurisgenerative Moment In Human Rights, Kristen A. Carpenter, Angela R. Riley
Indigenous Peoples And The Jurisgenerative Moment In Human Rights, Kristen A. Carpenter, Angela R. Riley
Publications
As indigenous peoples have become actively engaged in the human rights movement around the world, the sphere of international law, once deployed as a tool of imperial power and conquest, has begun to change shape. Increasingly, international human rights law serves as a basis for indigenous peoples' claims against states and even influences indigenous groups' internal processes of decolonization and revitalization. Empowered by a growing body of human rights instruments, some as embryonic as the 2007 United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), indigenous peoples are embracing a global "human rights culture" to articulate rights ranging from …
Law, Violence, And The Neurotic Structure Of American Indian Law, Sarah Krakoff
Law, Violence, And The Neurotic Structure Of American Indian Law, Sarah Krakoff
Publications
No abstract provided.
Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program
Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program
Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)
Presented by the University of Colorado's American Indian Law Program and the Getches-Wilkinson Center for Natural Resources, Energy & the Environment.
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), along with treaties, instruments, and decisions of international law, recognizes that indigenous peoples have the right to give "free, prior, and informed consent" to legislation and development affecting their lands, natural resources, and other interests, and to receive remedies for losses of property taken without such consent. With approximately 150 nations, including the United States, endorsing the UNDRIP, this requirement gives rise to emerging standards, obligations, and opportunities …
Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (June 28, 2010), Indian Law Resource Center
Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (June 28, 2010), Indian Law Resource Center
Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)
3 pages.
"June 28, 2010"
Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (United Nations Workshop, 17-19 January 2005), Indian Law Resource Center
Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (United Nations Workshop, 17-19 January 2005), Indian Law Resource Center
Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)
3 pages.
U.N. Doc PFII/2004/WS.2/6
Principles Of International Law For Multilateral Development Banks: The Obligation To Respect Human Rights, Robert T. Coulter, Leonardo A. Crippa, Emily Wann
Principles Of International Law For Multilateral Development Banks: The Obligation To Respect Human Rights, Robert T. Coulter, Leonardo A. Crippa, Emily Wann
Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)
41 pages.
"January, 2009"
The Recurring Native Response To Global Labor Migration, Patrick W. Thomas
The Recurring Native Response To Global Labor Migration, Patrick W. Thomas
Indiana Journal of Global Legal Studies
For the past few decades, and increasingly in the past few years, U.S. state governments have supplemented federal immigration law with state laws overtly designed to combat the perceived ills stemming from undocumented immigration to the United States. Proponents of these laws justify them on the basis of a normative negativity associated with "illegal" immigration, and negative economic consequences for natives. They further disclaim any discriminatory motive behind the laws, claiming that the laws only target "illegal" immigration.
This note argues that (1) through a comparison with immigration flows and laws arising in the First Era of Globalization in the …
Owning Enlightenment: Proprietary Spirituality In The 'New Age' Marketplace, Walter Effross
Owning Enlightenment: Proprietary Spirituality In The 'New Age' Marketplace, Walter Effross
Walter Effross
This article analyzes recent attempts made by the Arica Institute, the Church of Scientology, and Star's Edge - reaching, in each case, the relevant Circuit Court of Appeals - to apply intellectual property law to prevent the unauthorized dissemination of their spiritual teachings and techniques. As the article details, such concerns have been raised in connection with a wide range of traditional and modern practices, including Zen, Kabbalah, Yoga, Sufism, Christian Science, est, Reiki, the Gurdjieff Work, A Course in Miracles, and Transcendental Meditation. The article draws on a variety of primary sources, including trial transcripts, appellate pleadings, Web sites, …
Free, Prior, And Informed Consent: Implications For Transnational Enterprises, Tendai Zvobgo
Free, Prior, And Informed Consent: Implications For Transnational Enterprises, Tendai Zvobgo
Sustainable Development Law & Policy
No abstract provided.
A Proposal For Addressing Violations Of Indigenous Peoples' Environmental And Human-Rights In The Inter-American Human Rights System, Natalia Gove
Student Works
International concerns in the areas of human rights, health, and environment have expanded considerably in the past several decades. International environmental law primarily focuses on environmental damage, rather than its impact on human beings. The focus of environmental treaties is primarily on constraining environmentally deleterious behavior, rather than preventing injuries to people. Part I of this paper will discuss the significance of environmental protection for indigenous peoples. Part II will analyze the linkage between environmental and human rights, as well as the lack of a direct enforcement mechanism for redressing violations of environmental rights. It will also describe the existing …
Climate Change, Forests, And International Law: Redd's Descent Into Irrelevance, Annecoos Wiersema
Climate Change, Forests, And International Law: Redd's Descent Into Irrelevance, Annecoos Wiersema
Annecoos Wiersema
Forestry activities account for over 17% of human-caused greenhouse gas emissions. Since 2005, parties to the United Nations Convention on Climate Change have been negotiating a mechanism known as REDD – Reducing Emissions from Deforestation and Degradation – to provide an incentive for developing countries to reduce carbon emissions and limit deforestation at the same time. Many believe this mechanism will not only mitigate climate change but will also provide biodiversity and forests with the hard international law regime that has so far been missing. These commentators assume REDD will develop into this kind of hard international law regime. They …
Bordering On Discrimination: Effects Of Immigration Policies/Legislation On Indigenous Peoples In The United States And Mexico, Sara Daly
American Indian Law Review
No abstract provided.
Lochner Disembedded: The Anxieties Of Law In A Global Context, Peer Zumbansen
Lochner Disembedded: The Anxieties Of Law In A Global Context, Peer Zumbansen
Indiana Journal of Global Legal Studies
This paper explores, in an inevitably cursory manner, some of the main challenges facing a legal theory of transnational governance today. In part building on and responding to William Twining's identification of key problems of law in a global context (2009; 2012), the following paper adopts a two-fold approach. One element is to suggest a conceptual architecture, which captures law in its transformational state through a focus on actors, norms, and processes. Second, the paper proposes case
studies as a central methodological device to explore the nature, scope, and function of governance-both legal and nonlegal-in a global context. Through the …
State Obligations Concerning Indigenous Peoples' Rights To Their Ancestral Lands: Lex Imperfecta?, Jernej Letnar Cernic
State Obligations Concerning Indigenous Peoples' Rights To Their Ancestral Lands: Lex Imperfecta?, Jernej Letnar Cernic
American University International Law Review
No abstract provided.
Indigenous Corporal Punishment In Ecuador And The Prohibition Of Torture And Ill Treatment, Oswaldo R. Ruiz-Chiriboga
Indigenous Corporal Punishment In Ecuador And The Prohibition Of Torture And Ill Treatment, Oswaldo R. Ruiz-Chiriboga
American University International Law Review
No abstract provided.
Policies Of Inequity--A World Apart: A Comparison Of The Policies Toward Indigenous Peoples Of A Post-Colonial Developing Nation To Those Of A Post-Industrial Developed Nation, Caitlain Devereaux Lewis
Policies Of Inequity--A World Apart: A Comparison Of The Policies Toward Indigenous Peoples Of A Post-Colonial Developing Nation To Those Of A Post-Industrial Developed Nation, Caitlain Devereaux Lewis
American Indian Law Review
No abstract provided.
Gauging The Success Of The Coeur D'Alene Lake Management Plan: An Example Of Tribal-State Cooperation, Dylan R. Hedden-Nicely
Gauging The Success Of The Coeur D'Alene Lake Management Plan: An Example Of Tribal-State Cooperation, Dylan R. Hedden-Nicely
Articles
No abstract provided.
Commonality Among Unique Indigenous Communities: An Introduction To Climate Change And Its Impacts On Indigenous Peoples, Randall S. Abate
Commonality Among Unique Indigenous Communities: An Introduction To Climate Change And Its Impacts On Indigenous Peoples, Randall S. Abate
Journal Publications
This special Issue of the Tulane Environmental Law Journal explores how climate change affects the rights of indigenous peoples. Climate change is a global environmental problem caused by greenhouse gas emissions. Indigenous peoples generally contribute very limited quantities of greenhouse gases to the global atmosphere. Although the causes of climate change are global, the adverse impacts of this problem are disproportionately burdening indigenous peoples.
In recognition of the growing global problem of climate change, legal strategies to address climate change through mitigation and adaptation have been undertaken. This Issue recognizes that indigenous peoples are particularly vulnerable to climate change, both …
Corporate Responsibility And Climate Justice: A Proposal For A Polluter-Financed Relocation Fund For Federally Recognized Tribes Imperiled By Climate Change, Randall S. Abate
Corporate Responsibility And Climate Justice: A Proposal For A Polluter-Financed Relocation Fund For Federally Recognized Tribes Imperiled By Climate Change, Randall S. Abate
Journal Publications
Climate change threatens to displace as many as 200 million people internally and across national borders by the middle of the twenty-first century. Indigenous peoples are among the most vulnerable to these changes. With the loss of their village rapidly approaching, the residents of the Native Village of Kivalina are captives in their homeland bracing for disaster because they do not have the millions of dollars needed to relocate and there is no government fund or process in place to provide them with adequate assistance.
Part I of this article describes the factual context of the Kivalina litigation and how …
Minnesota Bounties On Dakota Men During The U.S.-Dakota War, Colette Routel
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 …
The Human Rights Of Indigenous Peoples: United Nations Developments, S. James Anaya
The Human Rights Of Indigenous Peoples: United Nations Developments, S. James Anaya
Publications
No abstract provided.
Tribal Rights, Human Rights, Kristen A. Carpenter, Angela R. Riley
Tribal Rights, Human Rights, Kristen A. Carpenter, Angela R. Riley
Publications
No abstract provided.
Corporate Responsibility And Climate Justice: A Proposal For A Polluter-Financed Relocation Fund For Federally Recognized Tribes Imperiled By Climate Change, Randall S. Abate
Corporate Responsibility And Climate Justice: A Proposal For A Polluter-Financed Relocation Fund For Federally Recognized Tribes Imperiled By Climate Change, Randall S. Abate
Fordham Environmental Law Review
No abstract provided.