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Articles 1 - 4 of 4
Full-Text Articles in Law
Spirit Food And Sovereignty: Pathways For Protecting Indigenous Peoples' Subsistence Rights , Allison M. Dussias
Spirit Food And Sovereignty: Pathways For Protecting Indigenous Peoples' Subsistence Rights , Allison M. Dussias
Cleveland State Law Review
The Article examines three pathways recently followed by tribes and Native communities in seeking protection of their rights to valued subsistence resources focusing on the legal principles and theories on which they have relied, including treaty rights, environmental law, tribal sovereignty, and international human rights law, as they have followed their different pathways.
Just When You Thought It Was Safe To Go Back On The Rez: Is It Safe , Jared B. Cawley
Just When You Thought It Was Safe To Go Back On The Rez: Is It Safe , Jared B. Cawley
Cleveland State Law Review
This article will trace the history of tribal criminal jurisdiction following the arrival of the colonists, through the foundation of the United States government, and will lead into where it stands today. On this journey, this article will discuss significant statutes and case law dealing with the role tribal courts have played in handling criminal jurisdiction in Indian country and will also discuss some important studies conducted by the Department of Justice Bureau of Justice Statistics and others on the current state of violent crime in Indian country, as well as the tribes' ability to handle it. Finally, this article …
When Indian Law And Tax Law Collide: How Pull-Tab Games Got To The Supreme Court , John Burgess
When Indian Law And Tax Law Collide: How Pull-Tab Games Got To The Supreme Court , John Burgess
Cleveland State Law Review
This Note will explore the reasons why two identical cases can turn out with completely different results. To do so, consideration will be given to the statutes involved and the varying interpretations of these statutes. Another important consideration is the policy behind these statutes, especially the IGRA. Part II will describe what the pull-tab games are, the statutes at issue, the conflicting cases, and the statutory interpretation issue. Part III will describe how the tenets of Indian Law can affect the analysis. Part IV will contain an analysis of the statutes and compare it to how the courts analyzed them. …
Indian Law And The Miner's Canary: The Signs Of Poison Gas, Rennard Strickland
Indian Law And The Miner's Canary: The Signs Of Poison Gas, Rennard Strickland
Cleveland State Law Review
In this fiftieth Cleveland-Marshall lecture I want us to look at some present day examples of Felix Cohen's contention that our treatment of Indians - Indian law itself - acts as a barometer, a miner's canary for society. I want to do this by first looking in detail at the Wisconsin Indian Fishing Rights question and then very briefly at several recent Supreme Court cases in the field of Indian Law particularly the Smith and Duro cases. I believe they do not bode well for any of us. In this brief time I have tried to cover too much but …