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Articles 1 - 26 of 26
Full-Text Articles in Law
The Ends And The Means: Indigenous Sovereignty, Climate-Related Legal Actions, And Frameworks Of Justice, Connor Marcum
The Ends And The Means: Indigenous Sovereignty, Climate-Related Legal Actions, And Frameworks Of Justice, Connor Marcum
Indiana Journal of Global Legal Studies
Philosophy professor Timothy Morton uses climate change as his foremost example of what he calls a hyperobject: an object that occupies both more physical space and more time than humans can usefully comprehend. For example, one can understand local meteorological occurrences in isolation without necessarily understanding that a given storm was more severe than it should have been because an overall increase in global temperatures makes for a more aggressive, active hydrological cycle. Environmental organizations focused on raising awareness understand this. Public campaigns to wed the nebulous idea of climate change to specific, concrete images are incredibly memorable: think of …
Nature's Rights, Christiana Ochoa
Nature's Rights, Christiana Ochoa
Articles by Maurer Faculty
Do forests and rivers possess standing to sue? Do mountain ranges have substantive rights? A recent issue of The Judges’ Journal, a preeminent publication for American judges, alerts the bench, bar, and policymakers to the rapidly emerging “rights of nature,” predicting that state and federal courts will increasingly see claims asserting such rights. Within the United States, Tribal law has begun to legally recognize the rights of rivers, mountains, and other natural features. Several municipalities across the United States have also acted to recognize the rights of nature. United States courts have not yet addressed the issue, though in 2017, …
Congress, Tribal Recognition, And Legislative-Administrative Multiplicity, Kirsten Matoy Carlson
Congress, Tribal Recognition, And Legislative-Administrative Multiplicity, Kirsten Matoy Carlson
Indiana Law Journal
Most descriptions of federal recognition by political scientists, anthropologists, and legal scholars focus on an administrative process run by the Office of Federal Acknowledgment (OFA) within the Bureau of Indian Affairs (BIA). To the extent that scholars discuss the role of Congress in recognizing Indian nations, they suggest that it plays a diminishing one. In fact, this misconception pervades the field. Most scholars assume that Congress has largely ceded control over the recognition of Indian nations to the BIA.
This discrepancy begs the question: Who has it right? Hollywood screenwriters or the academic experts? The answer to this question matters …
Where Cultures And Sovereigns Collide: Balancing Federalism, Tribal Self-Determination, And Individual Rights In The Adoption Of Indian Children By Gays And Lesbians, Steve Sanders
Articles by Maurer Faculty
This article analyzes the complex interplay between adoption (traditionally a matter reserved to state family law) and the federal Indian Child Welfare Act in the context of adoptions by gays and lesbians.
As a federal statute that partially preempts state law for the benefit of Native Americans, ICWA implicates three sovereigns: the United States, the state where the adoption petition is brought, and the tribe whose child is the focus of the proceeding. This interplay of sovereigns in itself makes Indian child welfare law complicated and interesting. Beyond these sovereign interests, also to be considered are the interests and rights …
Propensity Or Stereotype?: A Bad Evidence Experiment In Indian Country, Aviva Orenstein
Propensity Or Stereotype?: A Bad Evidence Experiment In Indian Country, Aviva Orenstein
Articles by Maurer Faculty
In a significant break with traditional evidence rules and policies, the Federal Rules of Evidence concerning rape and child abuse, Rules 413 and 414, permit the government to admit the accused’s prior sexual misconduct as evidence of character and propensity. Although these rules have been roundly criticized, insufficient attention has been paid to the fact that in allowing propensity evidence for federal sex offenses (as opposed to offenses under state law), these rules disproportionately affect one distinct civilian population: Indians.
The de facto concentration of Rules 413-414 cases in Indian Country raises troubling questions regarding what it means to have …
Changing Territoriality, Fading Sovereignty, And The Development Of Indigenous Group Rights, Austen L. Parrish
Changing Territoriality, Fading Sovereignty, And The Development Of Indigenous Group Rights, Austen L. Parrish
Articles by Maurer Faculty
For much of the 19th and 20th Centuries, the international community resisted the notion of indigenous peoples' rights. In recent years, however, this has changed. The emergence of indigenous rights in international law may finally be upon us. At the very least, the language of international instruments and certain court decisions indicate a new era is emerging in which international law is beginning to recognize the rights of indigenous peoples. And the public seems increasingly aware of the challenges facing indigenous groups. Despite a past where victories for indigenous peoples' rights have been few, scholars are cautiously optimistic for the …
Stopping The "Savage Indian" Myth: Dealing With The Doctrine Of Laches In Lanham Act Claims Of Disparagement, Steven R. Latterell
Stopping The "Savage Indian" Myth: Dealing With The Doctrine Of Laches In Lanham Act Claims Of Disparagement, Steven R. Latterell
Indiana Law Journal
No abstract provided.
Violence And The American Legal Landscape, David C. Williams
Violence And The American Legal Landscape, David C. Williams
Articles by Maurer Faculty
No abstract provided.
Increasing Telephone Penetration Rates And Promoting Economic Development On Tribal Lands: A Proposal To Solve The Tribal And State Jurisdictional Problems, Jennifer L. King
Increasing Telephone Penetration Rates And Promoting Economic Development On Tribal Lands: A Proposal To Solve The Tribal And State Jurisdictional Problems, Jennifer L. King
Federal Communications Law Journal
Under the Telecommunications Act of 1996, Congress instructed the FCC to ensure that all Americans have access to affordable telecommunications services. Consistent with that mandate, the FCC implemented a series of public hearings to discuss with tribes the issues they face concerning low telephone penetration rates. The FCC recommended investigation of universal service in unserved and underserved areas because telephone penetration rates among low-income consumers on tribal lands lagged behind rates in the rest of the country. From these hearings, the FCC proposed a jurisdictional framework to determine which eligible carriers would be under tribal, state, or federal jurisdiction. This …
Oliphant And Tribal Criminal Jurisdiction Over Non-Indians: Asserting Congress's Plenary Power To Restore Territorial Jurisdiction, Geoffrey C. Heisey
Oliphant And Tribal Criminal Jurisdiction Over Non-Indians: Asserting Congress's Plenary Power To Restore Territorial Jurisdiction, Geoffrey C. Heisey
Indiana Law Journal
No abstract provided.
Justifying Repatriation Of Native American Cultural Property, Sarah Harding
Justifying Repatriation Of Native American Cultural Property, Sarah Harding
Indiana Law Journal
No abstract provided.
Putting Martinez To The Test: Tribal Court Disposition Of Due Process, Christian M. Freitag
Putting Martinez To The Test: Tribal Court Disposition Of Due Process, Christian M. Freitag
Indiana Law Journal
No abstract provided.
People's Rights Or Victim's Rights: Reexamining The Conceptualization Of Indigenous Rights In International Law, Feisal Hussain Naqvi
People's Rights Or Victim's Rights: Reexamining The Conceptualization Of Indigenous Rights In International Law, Feisal Hussain Naqvi
Indiana Law Journal
No abstract provided.
Book Review. Lone Wolf V. Hitchcock By Blue Clark, David C. Williams
Book Review. Lone Wolf V. Hitchcock By Blue Clark, David C. Williams
Articles by Maurer Faculty
No abstract provided.
Bones Of Contention: The Regulation Of Paleontological Resources On The Federal Public Lands, David J. Lazerwitz
Bones Of Contention: The Regulation Of Paleontological Resources On The Federal Public Lands, David J. Lazerwitz
Indiana Law Journal
No abstract provided.
Legitimation And Statutory Interpretation: Conquest, Consent, And Community In Federal Indian Law, David C. Williams
Legitimation And Statutory Interpretation: Conquest, Consent, And Community In Federal Indian Law, David C. Williams
Articles by Maurer Faculty
No abstract provided.
State's Rights, Tribal Sovereignty, And The "White Man's Firewater": State Prohibition Of Gambling On New Indian Lands, Leah L. Lorber
State's Rights, Tribal Sovereignty, And The "White Man's Firewater": State Prohibition Of Gambling On New Indian Lands, Leah L. Lorber
Indiana Law Journal
No abstract provided.
Sometimes Suspect: A Response To Professor Goldberg-Ambrose, David C. Williams
Sometimes Suspect: A Response To Professor Goldberg-Ambrose, David C. Williams
Articles by Maurer Faculty
No abstract provided.
The Borders Of The Equal Protection Clause: Indians As Peoples, David C. Williams
The Borders Of The Equal Protection Clause: Indians As Peoples, David C. Williams
Articles by Maurer Faculty
No abstract provided.
The Uses Of Myth: A Response To Professor Bassett, Susan H. Williams
The Uses Of Myth: A Response To Professor Bassett, Susan H. Williams
Articles by Maurer Faculty
No abstract provided.
United States V. Pend Oreille County P.U.D. No. 1: A Signal Conflict Between Equal Footing And Aboriginal Indian Title, Daniel H. Cole
United States V. Pend Oreille County P.U.D. No. 1: A Signal Conflict Between Equal Footing And Aboriginal Indian Title, Daniel H. Cole
Articles by Maurer Faculty
A summary judgment decision is ordinarily not casenote material. But the denial of summary judgment in Pend Oreille proved a significant victory to tribal bedlands claimants averting aboriginal rights. The decision allows tribes to avoid the presumption of state ownership of lands beneath navigable rivers, established by the Supreme Court in Montana v. United States, without proving conveyance by the federal government. Most importantly the Pend Oreille summary judgment decision illustrates the substantial flaws of the Montana rule.
Booknote. Indian Country By Peter Matthiessen, David C. Williams
Booknote. Indian Country By Peter Matthiessen, David C. Williams
Articles by Maurer Faculty
No abstract provided.
Tribal Bedlands Claims Since Montana V. United States, Daniel H. Cole
Tribal Bedlands Claims Since Montana V. United States, Daniel H. Cole
Articles by Maurer Faculty
No abstract provided.
Indian Tribal Courts And Procedural Due Process: A Different Standard, Peter W. Birkett
Indian Tribal Courts And Procedural Due Process: A Different Standard, Peter W. Birkett
Indiana Law Journal
No abstract provided.
The Four Corners Power Complex: Pollution On The Reservation, Laurence A. Mchugh
The Four Corners Power Complex: Pollution On The Reservation, Laurence A. Mchugh
Indiana Law Journal
No abstract provided.
The Taxation Of Indian Property, Robert C. Brown
The Taxation Of Indian Property, Robert C. Brown
Articles by Maurer Faculty
No abstract provided.