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Articles 1 - 30 of 32
Full-Text Articles in Law
Who Can Defend A Federal Regulation? The Ninth Circuit Misapplied Rule 24 By Denying Intervention Of Right In Kootenai Tribe Of Idaho V. Veneman, Stephanie D. Matheny
Who Can Defend A Federal Regulation? The Ninth Circuit Misapplied Rule 24 By Denying Intervention Of Right In Kootenai Tribe Of Idaho V. Veneman, Stephanie D. Matheny
Washington Law Review
In Kootenai Tribe of Idaho v. Veneman, the United States Court of Appeals for the Ninth Circuit misapplied Rule 24 of the Federal Rules of Civil Procedure by denying intervention of right to organizations that had protectable interests in the adoption and implementation of the Roadless Rule. The court based its decision to deny intervention of right on its federal defendant rule, which bars intervention of right by parties other than the federal government to defend a challenge brought under the National Environmental Policy Act (NEPA). The Kootenai decision extended the reach of the federal defendant rule to include …
Abrogation Or Regulation? How Anderson V. Evans Discards The Makah's Treaty Whaling Right In The Name Of Conservation Necessity, Zachary Tomlinson
Abrogation Or Regulation? How Anderson V. Evans Discards The Makah's Treaty Whaling Right In The Name Of Conservation Necessity, Zachary Tomlinson
Washington Law Review
From 1787 to 1871, the federal government and various Indian tribes entered into hundreds of treaties. Under well-established U.S. Supreme Court precedent, the U.S. Congress has plenary authority to abrogate or modify any of these treaties. The U.S. Supreme Court is reluctant to find congressional intent to do so, however, and requires that this intent be clear and plain. States have no such power to qualify treaties, but the Court has allowed states to regulate treaty rights when doing so is necessary for species conservation. While the U.S. Supreme Court has kept these two lines of cases distinct, the U.S. …
Ecological Effects Know No Boundaries: Little Remedy For Native American Tribes Pursuing Transboundary Pollution Under International Law, Peter D. Lepsch
Ecological Effects Know No Boundaries: Little Remedy For Native American Tribes Pursuing Transboundary Pollution Under International Law, Peter D. Lepsch
Buffalo Environmental Law Journal
No abstract provided.
Aboriginal Title Or The Paramountcy Doctrine? Johnson V. Mcintosh Flounders In Federal Waters Off Alsaka In Native Village Of Eyak V. Trawler Diane Marie, Inc., Andrew P. Richards
Aboriginal Title Or The Paramountcy Doctrine? Johnson V. Mcintosh Flounders In Federal Waters Off Alsaka In Native Village Of Eyak V. Trawler Diane Marie, Inc., Andrew P. Richards
Washington Law Review
In Johnson v. McIntosh and its progeny, the United States Supreme Court established the principle that aboriginal title allows Indian tribes to exclusively use and occupy their territories after they come under United States sovereignty. In Native Village of Eyak v. Trawler Diane Marie, Inc., five Alaska Native villages asserted aboriginal title to areas of the seabed and ocean off Alaska. The villages argued that federal fisheries regulations violate their aboriginal title by allowing non-Natives to fish within those areas, while excluding most of the villagers. The United States Court of Appeals for the Ninth Circuit rejected the villages' …
The Impossibility Of Citizenship, Peter J. Spiro
The Impossibility Of Citizenship, Peter J. Spiro
Michigan Law Review
These are interesting times at the constitutional margins. Questions about where the Constitution takes up and leaves off are more frequently in play; one can no longer so readily assume the Constitution to supply an authoritative metric as we confront prominent cases of nonapplication. At the same time, the increasing robustness of international norms has prompted a vigorous reconsideration of their relationship to domestic ones. Where the twentieth century was marked by deep segmentation among national legal regimes, with minimal transboundary interpenetration, recent years have seen the advent of complex, overlapping regimes: subnational, national, regional, and global, public, and private. …
A First Argument In The Tradition Of Many, Beth S. Brinkmann
A First Argument In The Tradition Of Many, Beth S. Brinkmann
The Journal of Appellate Practice and Process
No abstract provided.
When The Law Breaks Down: Aboriginal Peoples In Canada And Governmental Defiance Of The Rule Of Law, Andrew J. Orkin
When The Law Breaks Down: Aboriginal Peoples In Canada And Governmental Defiance Of The Rule Of Law, Andrew J. Orkin
Osgoode Hall Law Journal
Comments on Aboriginal peoples, governmental defiance, and the breakdown of law and the balance between law's roles and limits.
Law Enforcement Authority In Indian Country, Melissa L. Tatum
Law Enforcement Authority In Indian Country, Melissa L. Tatum
Tribal Law Journal
The protection order has proven to be an effective tool in the war against domestic violence. A protection order, however, is good only so long as it can be enforced, and enforcement has proven to be a problem when a person travels with a protection order to a different jurisdiction.
What Indian Tribes Can Do To Combat Child Sexual Abuse (Issue Paper), Larry Echohawk, Pawnee Indian Tribe, Tessa Meyer Santiago
What Indian Tribes Can Do To Combat Child Sexual Abuse (Issue Paper), Larry Echohawk, Pawnee Indian Tribe, Tessa Meyer Santiago
Tribal Law Journal
One of the most destructive problems affecting children in "Indian country" today is sexual abuse. Increasing reports of child sexual abuse and the severe impact this type of crime has on Indian youth and their families have prompted tribal leaders to voice great concern about the impact of this crime on Indian communities.
Expanding The Network Of Safety: Tribal Protection Orders For Survivors Of Sexual Assault, Sara Deer
Expanding The Network Of Safety: Tribal Protection Orders For Survivors Of Sexual Assault, Sara Deer
Tribal Law Journal
The right to exist in a world free from violence is a basic tenet in many indigenous cultures and governments. The epidemic of sexual violence perpetrated against Native American women in the United States reflects a fundamental breakdown in the cultural and legal norms that have served to provide protection to Native women from time immemorial.
Parental Ratification: Legal Manifestations Of Cultural Authenticity In Cross-Racial Adoption, Kevin Noble Maillard
Parental Ratification: Legal Manifestations Of Cultural Authenticity In Cross-Racial Adoption, Kevin Noble Maillard
American Indian Law Review
No abstract provided.
Overcoming The Politics Of Reform: The Story Of The Cherokee Nation Of Oklahoma Constitutional Convention, Eric Lemont
Overcoming The Politics Of Reform: The Story Of The Cherokee Nation Of Oklahoma Constitutional Convention, Eric Lemont
American Indian Law Review
A pressing international challenge is developing processes of constitution-making that manage the politics of reform and produce legitimate and effective constitutions. This challenge is of special concern for numerous American Indian nations that have been embroiled in dual governments and constitutional crises over the past several decades. This article traces the recent constitutional reform process of the second largest Indian nation in the United States, the Cherokee Nation of Oklahoma. During the middle of its own constitutional crisis in 1999, the Nation formed an independent constitution commission and held a nine-day constitutional convention. The inclusiveness and independence of these two …
Death Of A Monster: Laws May Finally Kill Gila River Adjudication, Lindsay Murphy
Death Of A Monster: Laws May Finally Kill Gila River Adjudication, Lindsay Murphy
American Indian Law Review
No abstract provided.
Sawnawgezewog: "The Indian Problem" And The Lost Art Of Survival, Matthew L. M. Fletcher
Sawnawgezewog: "The Indian Problem" And The Lost Art Of Survival, Matthew L. M. Fletcher
American Indian Law Review
No abstract provided.
The Competent Ward, Jeremy R. Fitzpatrick
The Competent Ward, Jeremy R. Fitzpatrick
American Indian Law Review
No abstract provided.
Progressing Back: A Tribal Solution For A Federal Morass, James T. Hamilton
Progressing Back: A Tribal Solution For A Federal Morass, James T. Hamilton
American Indian Law Review
No abstract provided.
Indian-Law Scholarship And Tribal Survival: A Short Essay, Prompted By A Long Footnote, Robert Laurence
Indian-Law Scholarship And Tribal Survival: A Short Essay, Prompted By A Long Footnote, Robert Laurence
American Indian Law Review
No abstract provided.
Seeking Acceptance: Are The Black Seminoles Native Americans? Sylvia Davis V. The United States Of America, Martha Melaku
Seeking Acceptance: Are The Black Seminoles Native Americans? Sylvia Davis V. The United States Of America, Martha Melaku
American Indian Law Review
No abstract provided.
The Land Must Hold The People: Native Modes Of Territoriality And Contemporary Tribal Justifications For Placing Land Into Trust Through 25 C.F.R Part 151, Padraic I. Mccoy
The Land Must Hold The People: Native Modes Of Territoriality And Contemporary Tribal Justifications For Placing Land Into Trust Through 25 C.F.R Part 151, Padraic I. Mccoy
American Indian Law Review
No abstract provided.
Abandoning The Pia Standard: A Comment On Gila V, Galen Lemei
Abandoning The Pia Standard: A Comment On Gila V, Galen Lemei
Michigan Journal of Race and Law
Part I of this Note examines the development of Indian reserved water rights, and the practicably irrigable acreage method of quantifying those rights, as defined by the Court. Part II describes the arguments of state and private interests that oppose broad Indian water rights. Part III discusses Gila V, including the Arizona Supreme Court's rationale for abandoning the standard set forth by the U.S. Supreme Court and the standard for quantifying Indian reserved rights that the court applied in its place. Part IV analyzes the Arizona Supreme Court's justifications for abandoning the standard, and considers alternate grounds for the …
Has Oregon Tightened The Perceived Loopholes Of The Native American Graves Protection And Repatriation Act?--Bonnichsen V. United States, Michelle Sibley
Has Oregon Tightened The Perceived Loopholes Of The Native American Graves Protection And Repatriation Act?--Bonnichsen V. United States, Michelle Sibley
American Indian Law Review
No abstract provided.
Cheyenne Way Of Peace And Justice: The Post Lewis And Clark Period To Oklahoma Statehood, Lawrence H. Hart
Cheyenne Way Of Peace And Justice: The Post Lewis And Clark Period To Oklahoma Statehood, Lawrence H. Hart
American Indian Law Review
No abstract provided.
Winner, Best Appellate Brief In The 2003 Native American Law Student Association Moot Court Competition, Matthew Baumgartner, Elizabeth Ann Kronk
Winner, Best Appellate Brief In The 2003 Native American Law Student Association Moot Court Competition, Matthew Baumgartner, Elizabeth Ann Kronk
American Indian Law Review
No abstract provided.
Protecting Tribal Stories: The Perils Of Propertization, Stephen D. Osborne
Protecting Tribal Stories: The Perils Of Propertization, Stephen D. Osborne
American Indian Law Review
No abstract provided.
Chickasaw Nation V. United States And The Potential Demise Of The Indian Canon Of Construction, George Jackson Iii
Chickasaw Nation V. United States And The Potential Demise Of The Indian Canon Of Construction, George Jackson Iii
American Indian Law Review
No abstract provided.
Lottery Logistics: The Potential Impact Of A State Lottery On Indian Gaming In Oklahoma, Steve J. Coleman
Lottery Logistics: The Potential Impact Of A State Lottery On Indian Gaming In Oklahoma, Steve J. Coleman
American Indian Law Review
No abstract provided.
Chickasaw Nation V. United States: The Beginning Of The End Of The Indian-Law Canons In Statutory Cases And The Start Of The Judicial Assault On The Trust Relationships?, Graydon Dean Luthrey Jr.
Chickasaw Nation V. United States: The Beginning Of The End Of The Indian-Law Canons In Statutory Cases And The Start Of The Judicial Assault On The Trust Relationships?, Graydon Dean Luthrey Jr.
American Indian Law Review
No abstract provided.
Whose Rights Are These Anyway?--A Rethinking Of Our Society's Intellectual Property Laws In Order To Better Protect Native American Religious Property, Suzanne Milchan
Whose Rights Are These Anyway?--A Rethinking Of Our Society's Intellectual Property Laws In Order To Better Protect Native American Religious Property, Suzanne Milchan
American Indian Law Review
No abstract provided.
Compulsory Party Joinder And Tribal Sovereign Immunity: A Proposal To Modify Federal Courts' Application Of Rule 19 To Cases Involving Absent Tribes As "Necessary" Parties, Nicholas V. Merkley
Compulsory Party Joinder And Tribal Sovereign Immunity: A Proposal To Modify Federal Courts' Application Of Rule 19 To Cases Involving Absent Tribes As "Necessary" Parties, Nicholas V. Merkley
Oklahoma Law Review
No abstract provided.
Indigenous Peoples’ Rights To Land, Territories, And Natural Resources: A Technical Meeting Of The Oas Working Group, Osvaldo Kreimer
Indigenous Peoples’ Rights To Land, Territories, And Natural Resources: A Technical Meeting Of The Oas Working Group, Osvaldo Kreimer
Human Rights Brief
No abstract provided.