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Articles 1 - 6 of 6
Full-Text Articles in Law
Taking It To The Bank: Creating A New Constitutional Standard And Using Blue Carbon Banking To Compensate The Miccosukee Tribe For The Federal "Taking" Of Their Tribal Lands, Amy Judkins
Florida A & M University Law Review
The typical remedy for a property owner whose property interests have been diminished from government regulations—as is the case with the federal government's regulation of the Miccosukee's tribal lands—would be compensation sought under the Fifth Amendment of the United States Constitution. The last clause of the Fifth Amendment— the Takings Clause—provides that "private property [shall not] be taken for public use, without just compensation." The Supreme Court has explained that the purpose of the Takings Clause is to prevent the government from "forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by …
Starting From Scratch: Reasserting "Indian Country" In Alasky By Placing Alaska Native Land Into Trust, William H. Holley
Starting From Scratch: Reasserting "Indian Country" In Alasky By Placing Alaska Native Land Into Trust, William H. Holley
Florida A & M University Law Review
The Alaska Native Claims Settlement Act (ANCSA) was enacted for the purpose of promoting economic development in remote Alaska Native villages. ANCSA has fallen short of this goal. ANCSA dissolved the trust relationship between Alaska Native tribes and the federal government by transferring former tribal lands to state-chartered, Native corporations. As a result, ANCSA severed Alaska Native tribal authority from tribal lands. Today, tribal governments in Alaska are without the resources necessary to address issues that threaten the survival of their communities. Tribal governments throughout the lower 48 states have long used federal land-into-trust provisions to expand and consolidate former …
Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory, Natsu Taylor Saito
Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory, Natsu Taylor Saito
Florida A & M University Law Review
More than a half-century after the civil rights era, people of color in the United States remain disproportionately impoverished and incarcerated, excluded and vulnerable. Legal remedies rooted in the Constitution's guarantee of equal protection remain elusive. This article argues that the "racial realism" advocated by the late Professor Derrick Bell compels us to look critically at the purposes served by racial hierarchy. By stepping outside the master narrative's depiction of the United States as a "nation of immigrants" with opportunity for all, we can recognize it as a settler state, much like Canada, Australia, and New Zealand. It could not …
Remedies For Foreign Citizens Subjected To Outsourced Pollution: A Case Study Of American Big Oil In The Ecuadorian Amazon, Ava Azad
Florida A & M University Law Review
The term “globalization” generally carries a positive connotation, invoking images of progress and international unity. “Technology” similarly enjoys a reputation of enabling human advancement and improving sustenance, shelter, education, and overall quality of life. Both promote the development of the other and their success has become intertwined. Development of the oil industry is one newsworthy example of the coming together of technology and globalization as nations rush to discover, extract, and refine oil wherever possible and sell the fuel to their own citizens or export it to other nations. Oil is also an example of dangers generally not associated with …
Rights And Roles: Alaska Natives And Ocean And Coastal Subsistence Resources, Jordan Diamond, Greta Swanson, Kathryn Mengerink
Rights And Roles: Alaska Natives And Ocean And Coastal Subsistence Resources, Jordan Diamond, Greta Swanson, Kathryn Mengerink
Florida A & M University Law Review
This article explores the strengths and weaknesses of the two pillars of the framework for managing marine subsistence resources in Alaska: the pillar that protects Alaska Native rights to marine subsistence resources, and the pillar that protects the resources themselves. It focuses on how well the pillars support subsistence practices and Alaska Native leadership in the management framework. Part I summarizes the management challenge posed by the effects rapid climate change is causing in the Arctic, including impacts to the marine subsistence resources upon which Alaska Natives depend. Part II explores the laws and doctrines related to Alaska Native subsistence …
Application Of Title Vi In Indian Country: The Key Is Tribal Sovereignty, Elizabeth Ann Kronk
Application Of Title Vi In Indian Country: The Key Is Tribal Sovereignty, Elizabeth Ann Kronk
Florida A & M University Law Review
No abstract provided.