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Articles 1 - 27 of 27
Full-Text Articles in Law
A Symbol Of Unity: Freeing The Aboriginal Flag, Dominic Shaw
A Symbol Of Unity: Freeing The Aboriginal Flag, Dominic Shaw
BYU Law Review
No abstract provided.
Indigenous Dignity And The Right To Be Forgotten, Trevor Reed
Indigenous Dignity And The Right To Be Forgotten, Trevor Reed
BYU Law Review
No abstract provided.
Native American Religious Freedom As A Collective Right, Michael D. Mcnally
Native American Religious Freedom As A Collective Right, Michael D. Mcnally
BYU Law Review
No abstract provided.
Establishing Paternity Under The Indian Child Welfare Act, Carlie Smith
Establishing Paternity Under The Indian Child Welfare Act, Carlie Smith
BYU Law Review
No abstract provided.
Lobbying As A Strategy For Tribal Resilience, Kirsten Matoy Carlson
Lobbying As A Strategy For Tribal Resilience, Kirsten Matoy Carlson
BYU Law Review
Indian tribes have endured as separate governments despite the taking of their land, the forced relocation of their people, and the abrogation of their treaty rights. Many threats to tribal existence have stemmed from federal policies aimed at assimilating Indians into mainstream American society. In crafting these policies, members of Congress often relied on the input of non-Indians, including the Bureau of Indian Affairs. As a result, American Indians were largely left out of the federal policy–making process. This started to change in the 1970s when Congress adopted the Tribal Self-Determination Policy, which encouraged tribal participation in the creation of …
The Reports Of Our Death Are Greatly Exaggerated - Reflections On The Resilience Of The Oneida Indian Nation Of New York, Allison M. Dussias
The Reports Of Our Death Are Greatly Exaggerated - Reflections On The Resilience Of The Oneida Indian Nation Of New York, Allison M. Dussias
BYU Law Review
No abstract provided.
Sovereign Resilience: Reviving Private-Sector Economic Institutions In Indian Country, Robert J. Miller
Sovereign Resilience: Reviving Private-Sector Economic Institutions In Indian Country, Robert J. Miller
BYU Law Review
No abstract provided.
Resilience And Native Girls: A Critique, Addie C. Rolnick
Resilience And Native Girls: A Critique, Addie C. Rolnick
BYU Law Review
No abstract provided.
Cultivating Professional Identity And Resilience Through The Study Of Federal Indian Law, Michalyn Steele
Cultivating Professional Identity And Resilience Through The Study Of Federal Indian Law, Michalyn Steele
BYU Law Review
No abstract provided.
Tensions Underlying The Indian Child Welfare Act: Tribal Jurisdiction Over Traditional State Court Family Law Matters, Elizabeth Maclachlan
Tensions Underlying The Indian Child Welfare Act: Tribal Jurisdiction Over Traditional State Court Family Law Matters, Elizabeth Maclachlan
BYU Law Review
State courts have historically exercised jurisdiction over family law cases. However, under the Indian Child Welfare Act (ICWA), Indian child custody and adoption cases have been taken out of state jurisdiction and placed with Indian tribal governments. State courts have pushed back against proper deference to ICWA and violate ICWA by misapplying its provisions and refusing to transfer custody and adoption cases to tribal courts. This Note analyzes the state-tribal tensions surrounding ICWA and argues that the primary reason for the lack of full state acceptance of ICWA is that, historically, states have had nearly total jurisdiction over family law …
Tribal Sovereignty And Tobacco Control In State-Tribe Cigarette Compacts, Arielle Sloan
Tribal Sovereignty And Tobacco Control In State-Tribe Cigarette Compacts, Arielle Sloan
BYU Law Review
Compacts are powerful legal tools that states and tribes can use to negotiate agreements. One of the most interesting examples of state-tribe compacts is the cigarette compact, which is useful in combating the illicit cigarette trade. This Note argues that tribal leaders and states can more effectively reach this goal by (1) recognizing tribal sovereignty in and (2) keeping tobacco control at the heart of compact discussions.
The Tribes Must Regulate: Jurisdictional, Environmental, And Religious Considerations Of Hydraulic Fracturing On Tribal Lands, Szonja Ludvig
The Tribes Must Regulate: Jurisdictional, Environmental, And Religious Considerations Of Hydraulic Fracturing On Tribal Lands, Szonja Ludvig
BYU Law Review
No abstract provided.
There Is Nothing Light About Feathers: Finding Form In The Jurisprudence Of Native American Religious Exemptions, James R. Dalton
There Is Nothing Light About Feathers: Finding Form In The Jurisprudence Of Native American Religious Exemptions, James R. Dalton
BYU Law Review
No abstract provided.
Tribal Immunity From California's Campaign Contribution Disclosure Requirements, Cameron A. Reese
Tribal Immunity From California's Campaign Contribution Disclosure Requirements, Cameron A. Reese
BYU Law Review
No abstract provided.
Native American Sovereignty Meets A Bend In The Road:, Melanie Reed
Native American Sovereignty Meets A Bend In The Road:, Melanie Reed
BYU Law Review
No abstract provided.
Who Will Control The Future Of Indian Gaming? "A Few Pages Of History Are Worth A Volume Of Logic", Kevin J. Worthen, Wayne R. Farnsworth
Who Will Control The Future Of Indian Gaming? "A Few Pages Of History Are Worth A Volume Of Logic", Kevin J. Worthen, Wayne R. Farnsworth
BYU Law Review
This Article attempts to place the current controversy concerning reservation gaming into perspective by viewing it not solely as a 1990s battle over casinos in IndianCountry, but as the latest round in a much longer and larger struggle among the federal, state and tribal governments over the States' role in governing Native American groups within state borders. The Article argues that federal-state relations on non-Indian issues often shape federal Indian policy more than a thoughtful consideration of the proper balance between state economic and tribal autonomy issues. What may begin as a dispute about tribal-state relations on a particular matter, …
Home Dance, The Hopi, And Black Mesa Coal: Conquest And Endurance In The American Southwest, Charles F. Wilkinson
Home Dance, The Hopi, And Black Mesa Coal: Conquest And Endurance In The American Southwest, Charles F. Wilkinson
BYU Law Review
No abstract provided.
Bureau Of Indian Affairs Hiring Preferences After Adarand Constructors, Inc. U. Pena, Wayne R. Farnsworth
Bureau Of Indian Affairs Hiring Preferences After Adarand Constructors, Inc. U. Pena, Wayne R. Farnsworth
BYU Law Review
No abstract provided.
Essay: Power And Presumptions; Rules And Rhetoric; Institutions And Indian Law, Deborah A. Geier
Essay: Power And Presumptions; Rules And Rhetoric; Institutions And Indian Law, Deborah A. Geier
BYU Law Review
No abstract provided.
State V. Perank: Is The Uintah-Ouray Reservation ''Nailed Down Upon The Border"?, David R. Williams
State V. Perank: Is The Uintah-Ouray Reservation ''Nailed Down Upon The Border"?, David R. Williams
BYU Law Review
No abstract provided.
Indian Treaties And Their Abrogation By Statutes Of General Applicability: A Not-Entirely Nonpartisan Essay On "Quiet" Abrogations, "Actual" Consideration, And The Unhappy Reception Given United States V. Dion, Robert Laurence
BYU Law Review
No abstract provided.
Who Is An Indian?: Duro V. Reina's Examination Of Tribal Sovereignty And Criminal Jurisdiction Over Nonmember Indians, Patricia Owen
Who Is An Indian?: Duro V. Reina's Examination Of Tribal Sovereignty And Criminal Jurisdiction Over Nonmember Indians, Patricia Owen
BYU Law Review
No abstract provided.
Monroe G. Mckay And American Indian Law: In Honor Of Judge Mckay's Tenth Anniversary On The Federal Bench, Erik M. Jensen
Monroe G. Mckay And American Indian Law: In Honor Of Judge Mckay's Tenth Anniversary On The Federal Bench, Erik M. Jensen
BYU Law Review
No abstract provided.
Federal Preemption Of State Authority To Tax Non-Indian Mineral Development On Indian Lands, S. David Colton
Federal Preemption Of State Authority To Tax Non-Indian Mineral Development On Indian Lands, S. David Colton
BYU Law Review
No abstract provided.
Doing Business On An Indian Reservation: Can The Non-Indian Enforce His Contract With The Tribe?, Richard M. Grimsrud
Doing Business On An Indian Reservation: Can The Non-Indian Enforce His Contract With The Tribe?, Richard M. Grimsrud
BYU Law Review
No abstract provided.
Tribal Sovereignty And The Supreme Court's 1977-1978 Term
Tribal Sovereignty And The Supreme Court's 1977-1978 Term
BYU Law Review
No abstract provided.
Indian Law-Criminal Jurisdiction-Tribal Courts Have Criminal Jurisdiction Over Non-Indian - Oliphant V. Schlie, Morris D. Linton
Indian Law-Criminal Jurisdiction-Tribal Courts Have Criminal Jurisdiction Over Non-Indian - Oliphant V. Schlie, Morris D. Linton
BYU Law Review
No abstract provided.