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Articles 1 - 20 of 20
Full-Text Articles in Law
People's Rights Or Victim's Rights: Reexamining The Conceptualization Of Indigenous Rights In International Law, Feisal Hussain Naqvi
People's Rights Or Victim's Rights: Reexamining The Conceptualization Of Indigenous Rights In International Law, Feisal Hussain Naqvi
Indiana Law Journal
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.
Context And Legitimacy In Federal Indian Law, Philip P. Frickey
Context And Legitimacy In Federal Indian Law, Philip P. Frickey
Michigan Law Review
A Review of Frank Pommersheim, Braid of Feathers: American Indian Law and Contemporary Tribal Life
The Sense Of Justice And The Justice Of Sense: Native Hawaiian Sovereignty And The Second "Trial Of The Century", William H. Rodgers Jr.
The Sense Of Justice And The Justice Of Sense: Native Hawaiian Sovereignty And The Second "Trial Of The Century", William H. Rodgers Jr.
Washington Law Review
In 1993, Congress apologized to the Native Hawaiians for the political funny business of a century ago when the pineapple and sugar interests overthrew the Kingdom of Hawaii with tactical help from U.S. officials. Another apology will be in order for an unconscionable political trial now underway in the islands to punish one of the sovereignty leaders, Dennis "Bumpy" Kanahele, for a variety of imagined offenses that amount to the infliction of embarrassment on the U.S. To put this essay in context, it should be understood, first of all, that the struggle for Native Hawaiian lands and sovereignty is a …
The Reservation Gambling Fury: Modern Indian Uprising Or Unfair Restraint On Tribal Sovereignty?, Brian M. Greene
The Reservation Gambling Fury: Modern Indian Uprising Or Unfair Restraint On Tribal Sovereignty?, Brian M. Greene
Brigham Young University Journal of Public Law
No abstract provided.
Railroads Across Tribal Lands, Carye Cole Chapman
Railroads Across Tribal Lands, Carye Cole Chapman
American Indian Law Review
No abstract provided.
Address: Justice In Indian Country, Kalyn Cherie Free
Address: Justice In Indian Country, Kalyn Cherie Free
American Indian Law Review
No abstract provided.
The Return Of The White Buffalo: Taxation Issues Facing American Indian Tribes Conducting Gambling Enterprises On Tribal Lands, Jose J. Monsivais
The Return Of The White Buffalo: Taxation Issues Facing American Indian Tribes Conducting Gambling Enterprises On Tribal Lands, Jose J. Monsivais
American Indian Law Review
No abstract provided.
A "Civil" Method Of Law Enforcement On The Reservation: In Rem Forfeiture And Indian Law, Henry S. Noyes
A "Civil" Method Of Law Enforcement On The Reservation: In Rem Forfeiture And Indian Law, Henry S. Noyes
American Indian Law Review
No abstract provided.
A Matter Of Trust: Federal Environmental Responsibilities To Native Americans Under Customary International Law, Karyn I. Wendelowski
A Matter Of Trust: Federal Environmental Responsibilities To Native Americans Under Customary International Law, Karyn I. Wendelowski
American Indian Law Review
No abstract provided.
Learning How To Heal: An Analysis Of The History, Policy, And Framework Of Indian Health Care, Betty Pfefferbaum, Rennard J. Strickland, Everett R. Rhoades, Rose L. Pfefferbaum
Learning How To Heal: An Analysis Of The History, Policy, And Framework Of Indian Health Care, Betty Pfefferbaum, Rennard J. Strickland, Everett R. Rhoades, Rose L. Pfefferbaum
American Indian Law Review
No abstract provided.
The Dominant Society's Judicial Reluctance To Allow Tribal Civil Law To Apply To Non-Indians: Reservation Diminishment, Modern Demography And The Indian Civil Rights Act, Robert Laurence
University of Richmond Law Review
Begin at the beginning: there was a time, not so long ago as such things are reckoned-say, about half as long as there has been a country called Hungary-during which only American Indians lived in and around what is now the Commonwealth of Virginia. A time when Europeans, Africans and Asians were entirely occupied with managing the affairs of Europe, Africa and Asia, to mixed effect. A time when the subject of this article was entirely theoretical; when the question of applying tribal law to non-Indians was answered neither "yes" or "no" but simply did not arise, putting aside the …
Science, Sovereignty, And The Sacred Text: Paleontological Resources And Native American Rights, Allison M. Dussias
Science, Sovereignty, And The Sacred Text: Paleontological Resources And Native American Rights, Allison M. Dussias
Maryland Law Review
No abstract provided.
Of Seeds And Shamans: The Appropriation Of The Scientific And Technical Knowledge Of Indigenous And Local Communities, Naomi Roht-Arriaza
Of Seeds And Shamans: The Appropriation Of The Scientific And Technical Knowledge Of Indigenous And Local Communities, Naomi Roht-Arriaza
Michigan Journal of International Law
This article recasts the debates over access to, and control over, genetic and biological knowledge and resources in terms of the appropriation of indigenous and local communities' knowledge and resources. It first discusses recent examples of appropriation as currently conducted by global biotechnology, pharmaceutical, and agribusiness corporations and their associates in Northern universities, seed and gene banks, and research centers. Second, it describes and exposes the mechanisms of appropriation by focusing on the limited and culturally determined definitions of what is "wild" as opposed to "cultivated," what is "knowledge" and who can possess it, and what are "innovations" and "inventions." …
The Organic Constitution: Aboriginal Peoples And The Evolution Of Canada, Brian Slattery
The Organic Constitution: Aboriginal Peoples And The Evolution Of Canada, Brian Slattery
Osgoode Hall Law Journal
Despite recent advances in the law of aboriginal rights, most Canadian lawyers still tacitly view the Constitution as the outgrowth of European legal traditions, transplanted into North America. This article identifies the main features of this model of the Constitution and proposes a more appropriate model to replace it, one that recognizes the Constitution's deep roots in Canadian history and traditions, and acknowledges the distinctive contributions of Aboriginal peoples and their long-standing relations with the Crown.
Aboriginal Governments And The Canadian Charter Of Rights And Freedoms, Kent Mcneil
Aboriginal Governments And The Canadian Charter Of Rights And Freedoms, Kent Mcneil
Osgoode Hall Law Journal
Starting with the premise that the Aboriginal peoples of Canada have an inherent right of self-government which is constitutionally protected, this article analyzes the issue of whether Aboriginal governments exercising that right are subject to the Canadian Charter of Rights and Freedoms. This issue is examined from a legal perspective based on textual analysis and common law principles. It is concluded that, as a matter of Canadian constitutional law, with the exception of the section 28 gender equality provision, the Charter does not apply to Aboriginal governments. This avoids imposition of the Charter generally on these governments by judicial decree, …
Protecting Tribal Sovereignty: Why States Should Not Be Able To Tax Contractors Hired By The Bia To Construct Reservation Projects For Tribes: Blaze Construction Co. V. New Mexico Taxation And Revenue Department: A Case Study, Richard J. Ansson Jr.
American Indian Law Review
No abstract provided.