Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- American indians (1)
- Book review (1)
- Coyote warrior (1)
- Energy development (1)
- Frank pommersheim (1)
-
- Garrison dam (1)
- ILSC (1)
- Indian Law Support Center (1)
- Indian law (1)
- Indian monies (1)
- Indian tribes (1)
- Indian welfare (1)
- Legal Services Corporation (1)
- Martin cross (1)
- NARF (1)
- Native American Rights Fund (1)
- Natural resources (1)
- Raymond cross (1)
- Self-determination/sovereignty (1)
- Trust responsibility (1)
- U.s. constitution (1)
Articles 1 - 10 of 10
Full-Text Articles in Law
Mcgirt Policy Briefs: Cultural Resources, Monte Mills
Mcgirt Policy Briefs: Cultural Resources, Monte Mills
Faculty Journal Articles & Other Writings
On July 9, 2020, the United States Supreme Court issued its decision in McGirt v. Oklahoma. Although the only actual effect of that decision was on Mr. McGirt’s state court criminal conviction, rendering it invalid in light of the continuing existence of the Muscogee (Creek) Nation’s reservation, the implications of McGirt reverberated throughout Oklahoma and the nation. By rejecting Oklahoma’s arguments that the march to statehood had resulted in the implicit disestablishment of the Creek’s reservation (and, by analogy, those of the neighboring and similarly situated Cherokee, Chickasaw, Choctaw, and Seminole Nations), Justice Gorsuch’s opinion on behalf of the Court’s …
Mcgirt Policy Briefs: Regulation Of The Environment And Natural Resources, Monte Mills
Mcgirt Policy Briefs: Regulation Of The Environment And Natural Resources, Monte Mills
Faculty Journal Articles & Other Writings
On July 9, 2020, the United States Supreme Court issued its decision in McGirt v. Oklahoma. Although the only actual effect of that decision was on Mr. McGirt’s state court criminal conviction, rendering it invalid in light of the continuing existence of the Muscogee (Creek) Nation’s reservation, the implications of McGirt reverberated throughout Oklahoma and the nation. By rejecting Oklahoma’s arguments that the march to statehood had resulted in the implicit disestablishment of the Creek’s reservation (and, by analogy, those of the neighboring and similarly situated Cherokee, Chickasaw, Choctaw, and Seminole Nations), Justice Gorsuch’s opinion on behalf of the Court’s …
Beyond Constitutional Frontiers: Tribal Rights, Resources, And Reform, Monte Mills
Beyond Constitutional Frontiers: Tribal Rights, Resources, And Reform, Monte Mills
Faculty Journal Articles & Other Writings
The current era arguably poses the most complex and challenging environmental dilemmas in human history. With climate change, increasingly scarce resources, and exponentially expanding demand, traditional legal notions of standing, harm, and liability are being stretched and reshaped to accommodate a shifting set of values regarding natural resources and potentially respond to the moment. While these novel and innovative approaches are modestly reshaping the fields of natural resources and environmental law, however, the historical and time-honored claims of Indian tribes are also presenting avenues for rethinking the foundations of those areas of law. Arising both within and outside of the …
New Approaches To Energy Development In Indian Country: The Trust Relationship And Tribal Self-Determination At (Yet Another) Crossroads, Monte Mills
Faculty Journal Articles & Other Writings
Energy development in Indian country exists at the crossroads of tribal self-determination and the federal government's trust responsibility. This article reviews the foundations of this crossroads, describes recent developments, and analyzes pending proposals that may enhance both tribal sovereignty and energy development in Indian country.
And Justice For All, Someday: Indians, Alaska Natives Face Unique Obstacles, Maylinn Smith
And Justice For All, Someday: Indians, Alaska Natives Face Unique Obstacles, Maylinn Smith
Faculty Journal Articles & Other Writings
There are many conditions making access to justice more problematic for American Indians and Alaska Natives. Without adequate knowledge of tribal cultures, contemporary and historical issues impacting Indian peoples, and the laws applicable to Indian country, access to justice for American Indians and Alaska Natives can never be achieved.
Tribal Courts Part Ii: Crow, Ft. Belknap, Fort Peck And Northern Cheyenne, Cynthia Ford
Tribal Courts Part Ii: Crow, Ft. Belknap, Fort Peck And Northern Cheyenne, Cynthia Ford
Faculty Journal Articles & Other Writings
No abstract provided.
Book Review: Broken Landscape: Indians, Indian Tribes, And The Constitution, Raymond Cross
Book Review: Broken Landscape: Indians, Indian Tribes, And The Constitution, Raymond Cross
Faculty Journal Articles & Other Writings
The author reviews Frank Pommersheim's book, Broken Landscape: Indians, Indian Tribes, and the Constitution. The author finds the book a deserving read because it recognizes that Indian law, when used thoughtfully and appropriately, can substantially assist the Indian peoples in their self-determination efforts. However, contrary to Pommersheim's suggestions in his introduction that Indian law's role is to ultimately free the Indian peoples from their dependency on the federal government, the author suggests that instead the Indian peoples themselves -- and not lawyers, courts, or legislatures -- must decide when, and if, they will choose to exit their present state …
Book Review: "Coyote Warrior", Stacey L. Gordon
Book Review: "Coyote Warrior", Stacey L. Gordon
Faculty Journal Articles & Other Writings
The author reviews the book, "Coyote Warrior," by Paul VanDevelder, which documents tribal chairman Martin Cross's political fight to prevent the building of Garrison Dam and the latter legal battles his son, Raymond Cross, fought to win compensation for the land tribes were forced to give up when the dam was built.
Indian Monies And Welfare Eligibility, Raymond Cross, Barbara Rath
Indian Monies And Welfare Eligibility, Raymond Cross, Barbara Rath
Faculty Journal Articles & Other Writings
This article discusses the issues raised when Indians --- who are receiving federal or state welfare assistance -- receive claims judgment monies, lease or royalty payments from trust lands, and damage awards in actions brought by the United States on their behalf. The article concludes that conflict between the rights that an Indian has due to his Indian status and the rights that he has as a citizen are unavoidable and these benefits and burdens must be reconciled as well as they can.
Current Activities Of The Indian Law Support Center, Raymond Cross
Current Activities Of The Indian Law Support Center, Raymond Cross
Faculty Journal Articles & Other Writings
This article describes the background and range of services available at the Indian Law Support Center (ILSC) to Legal Services attorneys.