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- American Indian Law Review (11)
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Articles 1 - 30 of 31
Full-Text Articles in Law
There Is Nothing Light About Feathers: Finding Form In The Jurisprudence Of Native American Religious Exemptions, James R. Dalton
There Is Nothing Light About Feathers: Finding Form In The Jurisprudence Of Native American Religious Exemptions, James R. Dalton
BYU Law Review
No abstract provided.
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Seattle Journal for Social Justice
No abstract provided.
Stopping The "Savage Indian" Myth: Dealing With The Doctrine Of Laches In Lanham Act Claims Of Disparagement, Steven R. Latterell
Stopping The "Savage Indian" Myth: Dealing With The Doctrine Of Laches In Lanham Act Claims Of Disparagement, Steven R. Latterell
Indiana Law Journal
No abstract provided.
The Big Chill?: Contextual Judgment After R. V Hamilton, Richard Devlin, Matthew Sherrard
The Big Chill?: Contextual Judgment After R. V Hamilton, Richard Devlin, Matthew Sherrard
Dalhousie Law Journal
The tone and thrust of the Ontario Court ofAppeal's decision in R. v. Hamilton will serve to chill efforts by sentencing judges to tailor their responsibilities to accord with the recognized realities of systemic and intersectional inequality in Canadian society The decision presents an unduly conservative response to the judicial function question, and an understandable, if excessively cautious, answer with regard to the application of systemic, intersectional inequality issues in practice. Specifically, the decision underplays the overall remedial goal of section 718 of the Criminal Code by overemphasizing the particularity of Aboriginal peoples, and ignoring the specificity of especially vulnerable …
Treating Tribes Differently: Civil Jurisdiction Inside And Outside Indian Country, Max Minzner
Treating Tribes Differently: Civil Jurisdiction Inside And Outside Indian Country, Max Minzner
Nevada Law Journal
No abstract provided.
Forsaking The Forests For The Trees: Forestry Law In Papua New Guinea Inhibits Indigenous Customary Ownership, Alyssa A. Vegter
Forsaking The Forests For The Trees: Forestry Law In Papua New Guinea Inhibits Indigenous Customary Ownership, Alyssa A. Vegter
Washington International Law Journal
Illegal logging in the tropical forests of Papua New Guinea is one of the greatest threats to the forests and indigenous people of this island nation. Increasing pressure from the commercial logging industry, legislation that restrains customary ownership, and an unclear legal basis for this ownership subjects the indigenous people of Papua New Guinea to unscrupulous, unsustainable, and illegal logging practices. As a region central to the preservation of global ecological and cultural diversity, the devastating consequences of illegal logging in Papua New Guinea have become nationally and internationally significant. Customary ownership of the forests by the indigenous clans of …
Aaron Peron Ogletree On Indigenous Peoples In International Law (Second Edition) By S. James Anaya. Oxford: Oxford University Press, 2004. 396pp., Aaron Peron Ogletree
Aaron Peron Ogletree On Indigenous Peoples In International Law (Second Edition) By S. James Anaya. Oxford: Oxford University Press, 2004. 396pp., Aaron Peron Ogletree
Human Rights & Human Welfare
A review of:
Indigenous Peoples In International Law (Second Edition) by S. James Anaya. Oxford: Oxford University Press, 2004. 396pp.
In Cases Involving Sites Of Religious Significance, Plaintiffs Will Fall In The Gap Of Judicial Deference That Exists Between The Religion Clauses Of The First Amendment, Jeff Pinter
American Indian Law Review
No abstract provided.
In Re M.J.J., J.P.L., & J.P.G: The "Qualified Expert Witness" Requirements Of The Indian Child Welfare Act, Paul David Kouri
In Re M.J.J., J.P.L., & J.P.G: The "Qualified Expert Witness" Requirements Of The Indian Child Welfare Act, Paul David Kouri
American Indian Law Review
No abstract provided.
Giving Up The "I": How The National Museum Of The American Indian Appropriated Tribal Voices, Whitney Kerr
Giving Up The "I": How The National Museum Of The American Indian Appropriated Tribal Voices, Whitney Kerr
American Indian Law Review
No abstract provided.
The Potential Passage Of Proposed Senate Bill 578 And Its Implication On Hicks V. Nevada And Twenty Years Of Supreme Court Jurisprudence, Richard L. Warren
The Potential Passage Of Proposed Senate Bill 578 And Its Implication On Hicks V. Nevada And Twenty Years Of Supreme Court Jurisprudence, Richard L. Warren
American Indian Law Review
No abstract provided.
American Indian And Alaskan Native Health Care Today: The United States Government's Disparate Treatment Leaves Tribal People Trailing , Deborah Broken Rope
American Indian And Alaskan Native Health Care Today: The United States Government's Disparate Treatment Leaves Tribal People Trailing , Deborah Broken Rope
The Modern American
No abstract provided.
Surviving Racism And Sexual Assault: American Indian Women Left Unprotected, Talib Ellison
Surviving Racism And Sexual Assault: American Indian Women Left Unprotected, Talib Ellison
The Modern American
No abstract provided.
Save A Hunter, Shoot A Hmong, Aimee J. Baldillo, Jeanette Mendy, Vincent A. Eng
Save A Hunter, Shoot A Hmong, Aimee J. Baldillo, Jeanette Mendy, Vincent A. Eng
The Modern American
No abstract provided.
Spotlight On Jon Velie: Man On A Thirteen Year Mission, Lydia Edwards
Spotlight On Jon Velie: Man On A Thirteen Year Mission, Lydia Edwards
The Modern American
No abstract provided.
Protecting Indigenous Peoples, Paul J. Magnarella
Protecting Indigenous Peoples, Paul J. Magnarella
Human Rights & Human Welfare
A review of:
The Origins of Indigenism: Human Rights and the Politics of Identity by Ronald Niezen. Berkeley: University of California Press, 2003. 272pp.
and
Indigenous Peoples and the State: The Struggle for Native Rights by Bradley Reed Howard. Dekalb, IL: Northern Illinois University Press, 2003. 252pp.
Engaging The Spirit Of Racial Healing Within Critical Race Theory: An Exercise In Transformativethought, Rebecca Tsosie
Engaging The Spirit Of Racial Healing Within Critical Race Theory: An Exercise In Transformativethought, Rebecca Tsosie
Michigan Journal of Race and Law
This essay posits that Critical Race Theory (CRT) must operate at both the "idealist" and "materialist" levels. Although the emphasis may be in one direction or another at particular times, both domains are continually engaged. This essay links the debate between the "materialist" and "idealist" views to another central theme within CRT, which is the need for "justice" and how the law relates to justice. This essay focuses on the contemporary debate surrounding the status of Native Hawaiians to show how "race" is being used to construct the civil and political rights of Native Hawaiian people. CRT is a jurisprudence …
Re-Establishing The Sisseton-Wahpeton Oyate's Reservation Boundaries: Building A Legal Rationale From Current International Law, Angelique A. Eaglewoman
Re-Establishing The Sisseton-Wahpeton Oyate's Reservation Boundaries: Building A Legal Rationale From Current International Law, Angelique A. Eaglewoman
American Indian Law Review
No abstract provided.
Will States Continue To Provide Exclusivity In Tribal Gaming Compacts Or Will Tribes Bust On The Hand Of The State In Order To Expand Indian Gaming, Katie Eidson
American Indian Law Review
No abstract provided.
Indian Mascot World Series Tied 1 - 1: Who Will Prevail As Champion?, Stacie L. Nicholson
Indian Mascot World Series Tied 1 - 1: Who Will Prevail As Champion?, Stacie L. Nicholson
American Indian Law Review
No abstract provided.
The State, Cherokee Nation, And Same-Sex Unions: In Re: Marriage License Of Mckinley & Reynolds, Christopher L. Kannady
The State, Cherokee Nation, And Same-Sex Unions: In Re: Marriage License Of Mckinley & Reynolds, Christopher L. Kannady
American Indian Law Review
No abstract provided.
Book Review: Lindsay G. Robertson, Conquest By Law: How The Discovery Of America Dispossessed Indigenous Peoples Of Their Lands, Oxford University Press, 2005, Willaim D. Wallace
Book Review: Lindsay G. Robertson, Conquest By Law: How The Discovery Of America Dispossessed Indigenous Peoples Of Their Lands, Oxford University Press, 2005, Willaim D. Wallace
American Indian Law Review
No abstract provided.
Aboriginal Title And Extinguishment Not So "Clear And Plain": A Comparison Of The Current Maori And Haida Experiences, Jacqueline F. Pruner
Aboriginal Title And Extinguishment Not So "Clear And Plain": A Comparison Of The Current Maori And Haida Experiences, Jacqueline F. Pruner
Washington International Law Journal
As the end of the United Nations General Assembly's International Decade of the World's Indigenous Peoples (1995-2004) approaches, indigenous peoples worldwide are proactively seeking an unprecedented reclamation of aboriginal rights lost since European colonization. One of the most all-encompassing rights that is asserted by indigenous peoples is the right of "indigenous title," a legal term of art that is both difficult to define and challenging to recognize. Notwithstanding domestic opposition from their respective provincial or national legislatures, both the Haida of Canada and the Maori of New Zealand are currently pursuing recognition of this indigenous right through their respective judiciaries. …
The Use Of Hiring Preferences By Alaska Native Corporations After Malabed V. North Slope Borough, James P. Mills
The Use Of Hiring Preferences By Alaska Native Corporations After Malabed V. North Slope Borough, James P. Mills
Seattle University Law Review
This article argues that Native corporations can provide employment preferences for Alaska Natives, so long as they are appropriately tailored to provide employment preferences to that corporation's shareholders or those closely related to the shareholders. Moreover, a hiring preference based on shareholder status is not a preference based on race and, as such, does not violate Alaska state law.24 But even if the Alaska Supreme Court found that these hiring preferences did violate the state constitution, given the federal government's unique relationship with Native corporations 25 and Congress's clear intent for Native corporations to favor Alaska Natives in their hiring …
The Poltical Rights And Status Of Indeigenous Peoples In The 21st Century, Tama William Potaka
The Poltical Rights And Status Of Indeigenous Peoples In The 21st Century, Tama William Potaka
American Indian Law Review
No abstract provided.
Book Review: John W. W. Mann, Sacajawea's People: The Lemhi Shoshones And The Salmon River Country, University Of Nebraska Press, 2004, Jari D. Barnett
Book Review: John W. W. Mann, Sacajawea's People: The Lemhi Shoshones And The Salmon River Country, University Of Nebraska Press, 2004, Jari D. Barnett
American Indian Law Review
No abstract provided.
Tribes And Tribulations: Beyond Sovereign Immunity And Toward Reparation And Reconciliation For The Estelusti, Carla D. Pratt
Tribes And Tribulations: Beyond Sovereign Immunity And Toward Reparation And Reconciliation For The Estelusti, Carla D. Pratt
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Legal Fiction Of The Lake Matchimanitou Indian School, Matthew L.M. Fletcher
The Legal Fiction Of The Lake Matchimanitou Indian School, Matthew L.M. Fletcher
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Tribal Employment Separation: Tribal Law Enigma, Tribal Governance Paradox, And Tribal Court Conundrum, Matthew L.M. Fletcher
Tribal Employment Separation: Tribal Law Enigma, Tribal Governance Paradox, And Tribal Court Conundrum, Matthew L.M. Fletcher
University of Michigan Journal of Law Reform
Each year, more and more people--Indians and non-Indians--are employed by Indian Tribes and Tribally-chartered organizations. However, as Tribal employment grows, so do the problems associated with personnel disputes. Tribal employment is different than traditional corporate or even government employment because Tribal communities are incredibly close-knit and Tribal governments are very accountable to their constituents. Because of this dynamic, employment separations can create excessive difficulty within a Tribe. Many Tribal courts apply the principles of the Supreme Court's decision in Loudermill, granting terminated employees the right to both an administrative and judicial hearing. However, these processes can often be incredibly painful …
Eagle Feathers And Equality: Lessons On Religious Exceptions From The Native American Experience, Kevin J. Worthen
Eagle Feathers And Equality: Lessons On Religious Exceptions From The Native American Experience, Kevin J. Worthen
University of Colorado Law Review
The legality and propriety of exempting religiously motivated conduct from otherwise applicable legal norms is the subject of ongoing scholarly, judicial, and legislative debate. The issue is particularly thorny when it arises in a legal system deeply committed to the concept of equality. The Eagle Protection Act, which exempts Native Americans religious practitioners who are members offederally recognized tribes from its general prohibition on the taking and use of bald and golden eagle feathers, provides an interesting context in which to examine that debate. Not only does the Act exempt religiously motivated conduct from the otherwise applicable norms, it prefers …