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Articles 1 - 22 of 22
Full-Text Articles in Law
Towards Tribal Sovereignty And Judicial Efficiency: Ordering The Defenses Of Tribal Sovereign Immunity And Exhaustion Of Tribal Remedies, Kirsten Matoy Carlson
Towards Tribal Sovereignty And Judicial Efficiency: Ordering The Defenses Of Tribal Sovereign Immunity And Exhaustion Of Tribal Remedies, Kirsten Matoy Carlson
Michigan Law Review
In 1985, the Narragansett Indian Tribe ("Tribe") created the Narragansett Indian Wetuornuck Housing Authority ("Authority"). The Authority, which acts on the Tribe's behalf in its housing development and operations, entered into a contract with the Ninigret Development Corporation for the construction of a low-income housing development. After construction began, disputes developed over how to proceed with the construction. When conciliation efforts failed, the Authority cancelled the contract. The Narragansett Tribal Council, the governing body of the Tribe, followed the forum selection clause in the contract and notified the disputants that it would hold a hearing to resolve the dispute. Ninigret …
Extending Winters To Water Quality: Allowing Groundwater For Hatcheries, Amy Choyce Allison
Extending Winters To Water Quality: Allowing Groundwater For Hatcheries, Amy Choyce Allison
Washington Law Review
The Winters Doctrine of federally reserved water rights applies to groundwater and water quality. Because most Indian tribes would have no water rights under state law, the reserved water rights doctrine, known as the Winters Doctrine, emerged to establish a federal right to water on Indian reservations sufficient to fulfill the purposes of the reservation. The reserved water rights doctrine originated in Winters v. United States, which was preceded by two cases upholding the federal government's right to reserve certain water rights. Winters rested on one of the Canons of Construction for Indian treaties that require agreements involving Indians …
Premature Predictions Of Multiculturalism?, Kirsten Matoy Carlson
Premature Predictions Of Multiculturalism?, Kirsten Matoy Carlson
Michigan Law Review
The late twentieth century ushered in a renewed interest in constitutional democracy as Latin American states revised earlier constitutions and post-Communist countries in Eastern Europe wrote new constitutions to reflect their democratic aspirations. Processes of constitution-making continued throughout the 1990s with new constitutions emerging in states throughout Africa, Latin America, and Europe. The rejuvenation of constitution-making also renewed scholarly interest in comparative constitutionalism. Scholars investigating constitution-making processes in Eastern Europe and Africa soon developed theories on how these processes and the contents of national constitutions changed in the late twentieth century. Donna Lee Van Cott contributes to the new literature …
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.
Cherokee Nation Election Of 1995, Ahnawake Carroll
Cherokee Nation Election Of 1995, Ahnawake Carroll
Tribal Law Journal
The Cherokee Nation Election of 1995 by Ahnawake Carroll discusses a test of the constitutional distribution of powers within the Cherokee government in the context of the 1995 tribal election. This article explores through the mechanism of five selected rulings the role of the tribal judiciary in adjudicating various controversies arising out of the election resulting in the judiciary placing "a check on the legislative and executive powers of the Cherokee government" based upon interpretations of the Cherokee Constitution, as well as codified Cherokee law.
Cherokee Nation Tribal Profile, Ahnawake Carroll
Cherokee Nation Tribal Profile, Ahnawake Carroll
Tribal Law Journal
Cherokee Nation Tribal Profile by Ahnawake Carroll provides readers with an overview of the Cherokee Nation Tribal Government. This profile includes information regarding both the historical and contemporary uses of the tribe's traditional law, law of governance, enacted law, and case law.
Not Because They Are Brown, But Because Of Ea*: Why The Good Guys Lost In Rice V. Cayetano, And Why They Didn't Have To Lose, Gavin Clarkson
Not Because They Are Brown, But Because Of Ea*: Why The Good Guys Lost In Rice V. Cayetano, And Why They Didn't Have To Lose, Gavin Clarkson
Michigan Journal of Race and Law
Part II of this Article therefore reviews the history of Native Hawaiians in the broader context of the history of federal Indian law, focusing on the vacillating congressional policies regarding Indians and how those policies almost always treated Indian tribes as political entities rather than ethnic communities. Part III reviews and analyzes the procedural history of the Rice case and its resolution by the Supreme Court. Part IV concludes with the argument that constitutionally-permissible alternative methodologies exist for accomplishing the same objective of self-determination for Native Hawaiians
Federal Acknowledgement Of Indian Tribes: Current Bia Interpretations Of The Federal Criteria For Acknowledgement With Respect To Several Northwest Tribes, Rosemary Sweeney
Federal Acknowledgement Of Indian Tribes: Current Bia Interpretations Of The Federal Criteria For Acknowledgement With Respect To Several Northwest Tribes, Rosemary Sweeney
American Indian Law Review
No abstract provided.
The Duckwater Shoshone Drug Court, 1997-2000: Melding Traditional Dispute Resolution With Due Process, Ronald Eagleye Johnny
The Duckwater Shoshone Drug Court, 1997-2000: Melding Traditional Dispute Resolution With Due Process, Ronald Eagleye Johnny
American Indian Law Review
No abstract provided.
Winner, Best Appellate Brief In The 2001 Native American Law Student Association Moot Court Competition, Nicholas K. Rohner, Raj Mehta
Winner, Best Appellate Brief In The 2001 Native American Law Student Association Moot Court Competition, Nicholas K. Rohner, Raj Mehta
American Indian Law Review
No abstract provided.
Theory And Practice: The Case Of The Navajo-Hopi Land Dispute , Eric Cheyfitz
Theory And Practice: The Case Of The Navajo-Hopi Land Dispute , Eric Cheyfitz
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Cultural Tourism: Exploration Or Exploitation Of American Indians?, Kristal Markowitz
Cultural Tourism: Exploration Or Exploitation Of American Indians?, Kristal Markowitz
American Indian Law Review
No abstract provided.
Winner, Best Appellate Brief In The 2002 Native American Law Student Association Moot Court Competition, Michelle A. Carr, Cara Hair
Winner, Best Appellate Brief In The 2002 Native American Law Student Association Moot Court Competition, Michelle A. Carr, Cara Hair
American Indian Law Review
No abstract provided.
Industrial Hemp: The Crop For The Seventh Generation, Robin Lash
Industrial Hemp: The Crop For The Seventh Generation, Robin Lash
American Indian Law Review
No abstract provided.
The Historical Development Of American Indian Tribes; Their Recent Dramatic Commercial Advancement; And A Discussion Of The Eligibility Of Indian Tribes Under The Bankruptcy Code And Related Matters, R. Spencer Clift Iii
The Historical Development Of American Indian Tribes; Their Recent Dramatic Commercial Advancement; And A Discussion Of The Eligibility Of Indian Tribes Under The Bankruptcy Code And Related Matters, R. Spencer Clift Iii
American Indian Law Review
No abstract provided.
Developing Effective Processes Of American Indian Constitutional And Governmental Reform: Lessons From The Cherokee Nation Of Oklahoma, Hualapi Nation, Navajo Nation, And Northern Cheyenne Tribe, Eric Lemont
American Indian Law Review
No abstract provided.
State Income Taxation Of Nonmember Indians In Indian Country, Jennifer Nutt Carleton
State Income Taxation Of Nonmember Indians In Indian Country, Jennifer Nutt Carleton
American Indian Law Review
No abstract provided.
Trifederalism In The Aftermath Of Teague: The Interaction Of State And Tribal Courts In Wisconsin, Carol Tebben
Trifederalism In The Aftermath Of Teague: The Interaction Of State And Tribal Courts In Wisconsin, Carol Tebben
American Indian Law Review
No abstract provided.
Arizona V. California: Riding The Wave Of Federal Riparianism, Heather R. Brinton
Arizona V. California: Riding The Wave Of Federal Riparianism, Heather R. Brinton
Villanova Environmental Law Journal
No abstract provided.
Treaty Fishing Rights: A Habitat Right As Part Of The Trinity Of Rights Implied By The Fishing Clause Of The Stevens Treaties, O. Yale Lewis Iii
Treaty Fishing Rights: A Habitat Right As Part Of The Trinity Of Rights Implied By The Fishing Clause Of The Stevens Treaties, O. Yale Lewis Iii
American Indian Law Review
The fishing right guaranteed by the fishing clause of the Stevens Treaties between the United States and the Indians of Western Washington should be considered a trinity of rights: a right of access, a right of equitable apportionment, and a habitat right. While seven different Supreme Court decisions and scores of lower court decisions examine the contours of the first two elements of the fishing right, the contours of the final element of the right remain unsettled. No appeals court has ruled on whether there, is an implied habitat right. While some trial courts have skirted the issue, only one …
"With A Very Great Blame On Our Hearts": Reparations, Reconciliation, And An American Indian Plea For Peace And Justice, William Bradford
"With A Very Great Blame On Our Hearts": Reparations, Reconciliation, And An American Indian Plea For Peace And Justice, William Bradford
American Indian Law Review
No abstract provided.
Constitutional Law: Mci Telecommunications Corp. V. Public Service Commission: The Tenth Circuit Rebuffs The Supreme Court Trend Supporting State Immunity, Stephanie Chapman
Constitutional Law: Mci Telecommunications Corp. V. Public Service Commission: The Tenth Circuit Rebuffs The Supreme Court Trend Supporting State Immunity, Stephanie Chapman
Oklahoma Law Review
No abstract provided.