Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Constitutional law (10)
- Tribal membership (5)
- Criminal jurisdiction (4)
- First amendment (4)
- Indian Civil Rights Act (4)
-
- Martinez v. Santa Clara Pueblo (4)
- Equal protection (3)
- Jurisdiction (3)
- Peyote (3)
- Supreme Court (3)
- Tribal property (3)
- Water rights (3)
- Administrative Procedure Act (2)
- Alaska Native Allotment Act (2)
- Allotments (2)
- Cheyenne River Sioux Tribe v. Andrus (2)
- Civil jurisdiction (2)
- Civil rights (2)
- Federal courts (2)
- Fifth amendment (2)
- Hunting and fishing rights (2)
- Indian Claims Commission (2)
- Indian country (2)
- John Marshall (2)
- Major Crimes Act (2)
- Native American Church (2)
- North Dakota (2)
- Oregon (2)
- Religious freedom (2)
- South Dakota (2)
- Publication Year
Articles 1 - 22 of 22
Full-Text Articles in Law
Knight V. Thompson: The Eleventh Circuit's Perpetuation Of Historical Practices Of Colonization, Randi Dawn Gardner Hardin
Knight V. Thompson: The Eleventh Circuit's Perpetuation Of Historical Practices Of Colonization, Randi Dawn Gardner Hardin
American Indian Law Review
No abstract provided.
Sacred Rain Arrow: Honoring The Native American Heritage Of The States While Balancing The Citizens' Constitutional Rights, Amelia Coates
Sacred Rain Arrow: Honoring The Native American Heritage Of The States While Balancing The Citizens' Constitutional Rights, Amelia Coates
American Indian Law Review
Many states’ histories and traditions are steeped heavily in Native American culture, which explains why tribal imagery and symbolism are prevalent in official state paraphernalia such as license plates, flags, and state seals. Problems arise for states using Native American artwork when a citizen takes offense to the religious implications of Native American depictions, and objects to having it displayed on any number of items. This Comment will examine the likely outcome of cases involving Establishment Clause and compelled speech claims arising from Native American images and propose a solution for balancing the constitutional rights of the citizens while still …
May I See Your Id? How Voter Identification Laws Disenfranchise Native Americans' Fundamental Right To Vote, Sally Harrison
May I See Your Id? How Voter Identification Laws Disenfranchise Native Americans' Fundamental Right To Vote, Sally Harrison
American Indian Law Review
No abstract provided.
Territory, Wilderness, Property, And Reservation: Land And Religion In Native American Supreme Court Cases, Kathleen Sands
Territory, Wilderness, Property, And Reservation: Land And Religion In Native American Supreme Court Cases, Kathleen Sands
American Indian Law Review
In two trilogies of Supreme Court Decisions, both involving Native Americans, land is a key metaphor, figuring variously as property, territory, wilderness, and reservation. The first trilogy, written by Chief Justice John Marshall, comprises Johnson v. M'Intosh (1823), Cherokee Nation v. Georgia (1831), and Worcester v. Georgia (1832). The second trilogy concerns Native American claims for religious freedom under the First Amendment and includes Bowen v. Roy (1986), Lyng v. Northwest Cemetery Protective Association (1988), and Employment Division of Oregon v. Smith (1990). The Marshal cases attempted to legitimate the transformation of land from wilderness to territory and property, and …
Overcoming The Politics Of Reform: The Story Of The Cherokee Nation Of Oklahoma Constitutional Convention, Eric Lemont
Overcoming The Politics Of Reform: The Story Of The Cherokee Nation Of Oklahoma Constitutional Convention, Eric Lemont
American Indian Law Review
A pressing international challenge is developing processes of constitution-making that manage the politics of reform and produce legitimate and effective constitutions. This challenge is of special concern for numerous American Indian nations that have been embroiled in dual governments and constitutional crises over the past several decades. This article traces the recent constitutional reform process of the second largest Indian nation in the United States, the Cherokee Nation of Oklahoma. During the middle of its own constitutional crisis in 1999, the Nation formed an independent constitution commission and held a nine-day constitutional convention. The inclusiveness and independence of these two …
"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.
City Of Boerne V. Flores Wrecks Rfra: Searching For Nuggets Among The Rubble, John Gatliff
City Of Boerne V. Flores Wrecks Rfra: Searching For Nuggets Among The Rubble, John Gatliff
American Indian Law Review
No abstract provided.
Constitutional Law: Congressional Plenary Power Over Indian Affairs--A Doctrine Rooted In Prejudice, Irene K. Harvey
Constitutional Law: Congressional Plenary Power Over Indian Affairs--A Doctrine Rooted In Prejudice, Irene K. Harvey
American Indian Law Review
No abstract provided.
United States V. Sioux Nation: Political Questions, Moral Imperative, And The National Honor, Stephen Cosby Hanson
United States V. Sioux Nation: Political Questions, Moral Imperative, And The National Honor, Stephen Cosby Hanson
American Indian Law Review
No abstract provided.
Constitutional Law: Dubious Intrusions--Peynote, Drug Laws, And Religious Freedom, John T. Doyle
Constitutional Law: Dubious Intrusions--Peynote, Drug Laws, And Religious Freedom, John T. Doyle
American Indian Law Review
No abstract provided.
Constitutional Law: Equal Protection: Martinez V. Santa Clara Pueblo--Sexual Equality Under The Indian Civil Rights Act, Andra Pearldaughter
Constitutional Law: Equal Protection: Martinez V. Santa Clara Pueblo--Sexual Equality Under The Indian Civil Rights Act, Andra Pearldaughter
American Indian Law Review
No abstract provided.
Constitutional Law: Santa Clara Pueblo V. Martinez: Tribal Membership And The Indian Civil Rights Act, Vieno Lindstrom
Constitutional Law: Santa Clara Pueblo V. Martinez: Tribal Membership And The Indian Civil Rights Act, Vieno Lindstrom
American Indian Law Review
No abstract provided.
Criminal Jurisdiction: Double Jeopardy In Indian Country, Larry Alan Burns
Criminal Jurisdiction: Double Jeopardy In Indian Country, Larry Alan Burns
American Indian Law Review
No abstract provided.
Civil Rights; Challenging Tribal Membership Ordinance; Constitutional Law: Indigent Indians' Right To Counsel In Tribal Court; Constitutional Law: Tribal Judge Serving As Tribal Prosecutor As Violation Of Indian Civil Rights Act; Indian Lands: Termination Of Aboriginal Land Rights; Jurisdiction: Exhaustion Of Tribal Remedies Required; Jurisdiction: State Jurisdiction Where "Reservation" Lands Not Owned By Indians; Land Rights: Determination Of Property Rights In Mineral Interests Under Allotted Lands
American Indian Law Review
No abstract provided.
Constitutional Law: The Right To Wear A Traditional Indian Hair Style--Recognition Of A Heritage, Peggy Doty
Constitutional Law: The Right To Wear A Traditional Indian Hair Style--Recognition Of A Heritage, Peggy Doty
American Indian Law Review
No abstract provided.
Administrative Law: Due Process Requirements Of Notice And Hearing Apply To Native Claims Under Administrative Procedure Act; Civil Rights: Challenging Tribal Membership Ordinance; Criminal Law: Nor Prejudice To Indian Defendant Sentenced Under State Due To Additional Or Alternative Fina Authorized By Federal Statute; Due Process: Tribal Elections And The Indian Civil Rights Act; Environment: Standing Of Non-Indians To Challenge Validity Of Coal Leases On Indian Land; Evidence: Indian Concept Of "Toka" As Concerning Issues Of Provocation And Justification; Indian Civil Rights Act: Residency Requirements For Tribal Political Office Upheld; Indian Lands: Quiet Title Action By Indian Allottees Against Railroad Holding Easement In The Nature Of A Limited Fee; Jurisdiction: Adoption Where All Parties Are Residents Of An Indian Reservation; Jurisdiction: New Mexico State Constitution As Affecting Adjudication Of Indian Water Rights; Taxation: State Right Of Taxation On Reservations When Commerce Effectuated Between Indians And Non-Indians
American Indian Law Review
No abstract provided.
Constitutional Law: Preserving Native American Cultural And Archeological Artifacts, Robert L. Cooper
Constitutional Law: Preserving Native American Cultural And Archeological Artifacts, Robert L. Cooper
American Indian Law Review
No abstract provided.
Constitutional Law: Freedom Of Religion--Peyote And The Native American Church, George De Verges
Constitutional Law: Freedom Of Religion--Peyote And The Native American Church, George De Verges
American Indian Law Review
No abstract provided.