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Indigenous Pueblo Culture And Tradition In The Justice System: Maintaining Indigenous Language, Thought And Law In Judicial Review, Christine Zuni Cruz
Indigenous Pueblo Culture And Tradition In The Justice System: Maintaining Indigenous Language, Thought And Law In Judicial Review, Christine Zuni Cruz
Faculty Scholarship
In this paper Christine Zuni Cruz considers several issues that have emerged from her personal experience working as an Associate Justice on the Pueblo Appellate Court in the United States. These concerns relate to maintaining the culture of the Pueblo within an acknowledged western, and specifically Anglo-American, framework of justice. The key elements discussed include language, process and knowledge. This paper provides a North American perspective on the interface between Indigenous law and western legal frameworks. It therefore has resonance in the contemporary Australian landscape, where efforts to secure Indigenous rights and interests in land encounter difficulties both in regards …
Are County Officials Liable For Forcibly Executing A Search Warrant Against A Sovereign Indian Tribe, John P. Lavelle
Are County Officials Liable For Forcibly Executing A Search Warrant Against A Sovereign Indian Tribe, John P. Lavelle
Faculty Scholarship
No abstract provided.
Current Issues In Native American Law, Gloria Valencia-Weber, Taiawagi Helton, Paul Frye, Samuel Winder, John Echohawk
Current Issues In Native American Law, Gloria Valencia-Weber, Taiawagi Helton, Paul Frye, Samuel Winder, John Echohawk
Faculty Scholarship
Report of the Proceedings of the Judicial Conference of the United States Court of Appeals for the Tenth Circuit.
Transcribed conference panel session: Gloria Valencia-Weber focuses her segment on important language on Indian sovereignty in the Nevada v. Hicks case.
The Supreme Court's Indian Law Decisions: Deviations From Constitutional Principles And The Crafting Of Judicial Smallpox Blankets, Gloria Valencia-Weber
The Supreme Court's Indian Law Decisions: Deviations From Constitutional Principles And The Crafting Of Judicial Smallpox Blankets, Gloria Valencia-Weber
Faculty Scholarship
The first section discusses sovereignty and the sources for foundational principles that pertain to the relationships among tribes, the states, and the federal government. The sources are the documented discourse and covenants of the constitutional evolution, the Articles of Confederation and Perpetual Union (Articles), and the Constitution of 1787 as they developed state jurisdiction related to Indian matters. Second, the paper discusses the colonial period and reality versus the fictions or myths of discovery and conquest. Third, the paper covers the conflict and unity in the pre-Revolutionary period. Fourth, the paper considers the Articles as the first U.S. model to …