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Conflicts And Dependant Sovereigns: Incorporating Indian Tribes Into A Conflicts Course, Wendy Collins Perdue Jan 1996

Conflicts And Dependant Sovereigns: Incorporating Indian Tribes Into A Conflicts Course, Wendy Collins Perdue

Law Faculty Publications

Professor Perdue describes her use of materials on Indian Tribes at the end of her Conflict of Laws course as a vehicle for examining the interrelations among choice of law, Jurisdiction, and recognition of judgments. Her goal is not to make students experts in Indian law, but rather to get students to reexamine assumptions about the nature of sovereignty and the role of choice of law, jurisdiction, and recognition of judgments as devices for recognizing and allocating governmental authority


Henry Berry Lowry: Champion Of The Dispossessed, David E. Wilkins Jan 1996

Henry Berry Lowry: Champion Of The Dispossessed, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

The nineteenth century stands apart in the minds of indigenous peoples as a period of extreme hardship. Tribes in the first half of this era, were initially victimized by the enactment of devastating "segregation" measures (i.e. the Indian Removal policy and later the Reservation policy). Later in the century, when it was clear that segregation was an insufficient response to intercultural relations, the federal government shifted its powerful attention to a series of overtly ethnocidal "civilization," or better termed, "Americanization" measures. Broadly stated, such measures entailed the cultural assimilation, the spiritual assimilation, and the physical assimilation of indigenous lands and …


Indian Religious Freedom: Recognized/Denied, David E. Wilkins Jan 1996

Indian Religious Freedom: Recognized/Denied, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

Clinton's sacred site executive order applies to all "federal lands" and to all "recognized" Indian tribes. A "sacred site" is defined as "any specific, discrete, narrowly delineated location of Federal land that is identified by an Indian tribe, or Indian individual... as sacred by virtue of its established religious significance to, or ceremonial use by, an Indian religion; provided that the tribe or appropriately authoritative representative of an Indian religion has informed the agency of the existence of such a site."

The issue that seemed most troublesome from William Downes' legal perspective, besides the alleged Establishment clause violation, was that …