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- Cultural property;intellectual property;cultural property rights;intellectual property rights;cultural appropriation;intellectual appropriation;traditional Indigenous knowledge;international law;international legal protections;intangible intellectual property; traditional ecological knowledge;TEK;model tribal code;Indigenous;tribal law (1)
- Jurisdiction;Indian country;federal Indian law;McGirt;Cooley;criminal jurisdiction;Indigenous;tribal law (1)
- National Historic Preservation Act; NHPA; cultural resource management; historic preservation;tribal cultural resources;land management decisions;permitting decisions;Indigenous cultural resources;cultural resource stewardship;traditional cultural landscape;Indigenous culture;Indigenous perspectives;tribal culture;tribal perspectives;Indigenous stewardship;historic preservation;landscape-level resources;landscape-level preservation;federal preservation;federal land management;Indigenous;tribal law (1)
- Tlingit Nation;tribal governance;tribal government;Sealaska Corporation;Tlingit governmental structure;clan-based governmental structure;regional corporate structure;Alaska Native Claims Settlement Act;ANCSA;tribal government structure;Wooch.Yax;Tlingit core values;jurisprudence;Tlingit law;tribal law;Indigenous (1)
- Tort law;Indian tort law;tribal tort law;legal hybridity;tribal sovereignty;tribal civil jurisdiction;tribal self determination;Indigenous;tribal law (1)
Articles 1 - 7 of 7
Full-Text Articles in Law
The Role Of United States V. Cooley And Mcgirt V. Oklahoma In Determining Criminal Jurisdiction In Indian Country, Prof. Dustin Jansen
The Role Of United States V. Cooley And Mcgirt V. Oklahoma In Determining Criminal Jurisdiction In Indian Country, Prof. Dustin Jansen
Tribal Law Journal
Understanding jurisdiction is paramount to deciding whether federal, state, or tribal courts can exercise jurisdiction for crimes committed in Indian country. The evolution of federal Indian law has created a legal landscape that is far from consistent. For the Indian law practitioner, it is important to stay abreast of the latest case law available to understand where proper jurisdiction lies. The latest cases of McGirt v. Oklahoma and United States v. Cooley are the newest case law available that demonstrate the Supreme Court’s reasoning and analysis in determining proper jurisdiction.
A Proposal For A Model Indigenous Intellectual Property Protectiontribal Code (Miipptc), Prof. Tomasz G. Smolinski
A Proposal For A Model Indigenous Intellectual Property Protectiontribal Code (Miipptc), Prof. Tomasz G. Smolinski
Tribal Law Journal
The appropriation of Native American cultural and intellectual property has become commonplace in the United States. At the same time, mainstream, Western cultural/intellectual property laws are inadequate to properly protect traditional Indigenous knowledge. To address this problem, scholars have begun to advocate for a three-tiered system, in which, in addition to national and international legal protections, tribal laws would play a fundamental role in the fight against cultural appropriation. Alas, few Native American tribes explicitly address cultural and/or intellectual property rights in any of their legal instruments. This is especially true with respect to intangible intellectual property, such as traditional …
Front Matter, Tribal Law Journal
Tribes And H-1bs: Promoting Inclusion Of Tribal Interests In Immigration Policy Through Employment-Based Visas, Alejandro Alvarado
Tribes And H-1bs: Promoting Inclusion Of Tribal Interests In Immigration Policy Through Employment-Based Visas, Alejandro Alvarado
Tribal Law Journal
Tribal law and immigration law provide a comprehensive space, with plenty of crossover issues, for legal practitioners to explore how immigration law may benefit Tribes and Indigenous Peoples. These issues arise from the history of the United States undermining Tribal interests through immigration policy as it created international borders and established citizenship criteria. As a result, Indigenous Peoples have been impacted by U.S. immigration policy with regard to global mobility, family separation, issues related to border security, and economic prosperity. With the continued growth of Tribal economies, U.S. immigration policy risks limiting Tribal interests and welfare by not providing explicit …
Experiments In Legal Hybridity: From Indian Tort Law To Tribal Tort Law, Noah T. Allaire
Experiments In Legal Hybridity: From Indian Tort Law To Tribal Tort Law, Noah T. Allaire
Tribal Law Journal
Tort law is a broad set of rules designed to compensate people who have suffered injuries and harm by imposing penalties on those who caused the resulting injuries and harm. Indian tort law is the limited set of rules that the United States imposed upon tribal nations over a century ago. Today, tribal courts have the important opportunity and responsibility to articulate tribal tort law. Tribal legislatures, in turn, can codify tribal tort rules to guide future judicial decisionmaking. Through this process, tribal tort law will gradually supplant Indian tort law. Articulating tribal tort law necessarily involves conducting experiments in …
Traditional Tlingit Law & Governance And Contemporary Sealaska Corporate Governance: 4 Core Values And A Jurisprudence Of Transformation, Micah S. Mcneil , Esq.
Traditional Tlingit Law & Governance And Contemporary Sealaska Corporate Governance: 4 Core Values And A Jurisprudence Of Transformation, Micah S. Mcneil , Esq.
Tribal Law Journal
This paper will give historical insight into the Tlingit Nation’s governance and showcase how their government has changed over time. This paper will then talk about the unique form of governance adapted through the Sealaska Corporation and its various associate organizations. The Tlingit governmental structure was clan-based throughout its history but has evolved to a regional corporate and tribal government structure because of the Alaska Native Claims Settlement Act (ANCSA). Fundamental to Tlingit law and governance is holding to core values while embracing a jurisprudence of change and transformation. Though, I focus on the four core values of the Tlingit, …
“Subsistence Is Cultural Survival”: Examining The Legal Framework For The Recognition And Incorporation Of Traditional Cultural Landscapes Within The National Historic Preservation Act, Wesley James Furlong
“Subsistence Is Cultural Survival”: Examining The Legal Framework For The Recognition And Incorporation Of Traditional Cultural Landscapes Within The National Historic Preservation Act, Wesley James Furlong
Tribal Law Journal
Over the past thirty years, Tribes have exercised growing influence in federal land management and permitting decisions, precipitated, in part, by amendments to the National Historic Preservation Act (“NHPA”) and evolving perspectives in cultural resource management and historic preservation. Despite the increased influence Tribes have gained in federal decision-making processes with the NHPA, it is often an ineffective tool to protect tribal cultural resources. Indigenous cultural resources and perspectives on cultural resource stewardship often do not fit easily within the NHPA’s framework. Nevertheless, until federal law is changed to actually protect Indigenous cultural resources, Tribes must operate within this existing …