Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Tribal sovereignty (4)
- Aboriginal (2)
- Federal courts (2)
- Indian reservations (2)
- Jurisdiction (2)
-
- Native Americans (2)
- Native Americans/Sovereignty (2)
- Native Americans/Tribal courts (2)
- Sovereignty (2)
- Adoption and Safe Families Act (1)
- Alaska (1)
- American Indian Religious Freedom Act (1)
- American Indians (1)
- American jurisprudence (1)
- Atlantic Canada (1)
- Bureau of Reclamation (1)
- Canada (1)
- Child welfare (1)
- Children (1)
- Civil jurisdiction (1)
- Colonial norms (1)
- Common law and statutory grave protections (1)
- Concurrent jurisdiction (1)
- Courts (1)
- Custom (1)
- Customary law systems (1)
- Dehumanizes (1)
- Dependency Paradigm (1)
- Diplomacy (1)
- Economic development (1)
- Publication
-
- American Indian Law Review (7)
- Tribal Law Journal (6)
- Dalhousie Law Journal (2)
- Washington and Lee Law Review (2)
- Buffalo Environmental Law Journal (1)
-
- Michigan Journal of International Law (1)
- Michigan Journal of Race and Law (1)
- Montana Law Review (1)
- North Carolina Central Law Review (1)
- The Modern American (1)
- UIC Review of Intellectual Property Law (1)
- Vanderbilt Journal of Transnational Law (1)
- Washington International Law Journal (1)
- Washington and Lee Journal of Civil Rights and Social Justice (1)
- Water Matters! (1)
- William & Mary Bill of Rights Journal (1)
Articles 1 - 29 of 29
Full-Text Articles in Law
Understanding The Progression Of Mi'kmaw Law, Jaime Battiste
Understanding The Progression Of Mi'kmaw Law, Jaime Battiste
Dalhousie Law Journal
Over the past 250 years, the recognition and implementation of the aboriginal and treaty rights of the Santi Mawio'mi of the Mi'kmaq has been a hard and bitter struggle for justice. Building on Mi'kmaw Aboriginal knowledge and legal traditions that inform their aboriginal and treaty rights, the Supreme Court of Canada has affirmed a Mi'kmaw right to hunt, fish, and gather in their traditional territory. The author focuses on the progression of Mi'kmaw law, drawing on the original teachings of the Mawio'mi embedded in Netukulimk and then shifting to the current legal strategy that creates a constitutional jurisgensis and a …
The Native American Graves Protection And Repatriation Act At The Margin: Does Nagpra Govern The Disposition Of Ancient, Culturally Unidentifiable Human Remains?, Robert Van Horn
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Paving Principle Of Good Intentions - Calls For Reform Of The Indian Gaming Regulatory Act And The Private Game Theory Equilibrium Opposing Them, John C. Kuzenski
The Paving Principle Of Good Intentions - Calls For Reform Of The Indian Gaming Regulatory Act And The Private Game Theory Equilibrium Opposing Them, John C. Kuzenski
North Carolina Central Law Review
No abstract provided.
Colonialism And The Process Of Defining Aboriginal People, D'Arcy Vermette
Colonialism And The Process Of Defining Aboriginal People, D'Arcy Vermette
Dalhousie Law Journal
It is not uncommon for Aboriginal law students to experience discomfort in studying the law The discomfort is not unique to legal studies, but the law provides a venue where the effects of the imposition of colonial norms are starkly revealed. In law school the author had to confront how Canadian law has attempted to control Aboriginal identity, at first through legislation and then through the courts. While the locus and style of controlling Aboriginal identity has changed over time, the practice of controlling Aboriginal identity is ever present. This process of control dehumanizes individualsand peoples and continues into the …
Australia's Northern Territory National Emergency Response Act: Addressing Indigenous And Non-Indigenous Inequities At The Expense Of International Human Rights?, Jenna Gruenstein
Australia's Northern Territory National Emergency Response Act: Addressing Indigenous And Non-Indigenous Inequities At The Expense Of International Human Rights?, Jenna Gruenstein
Washington International Law Journal
In 2007, Australia passed the Northern Territory National Emergency Response Act (“NT Emergency Response Act”), ostensibly reacting to a recent report detailing exceedingly high levels of sexual abuse of Aboriginal children. This Comment argues that the NT Emergency Response Act likely violates Australia’s obligations under the United Nations’ (“U.N.”) International Convention on the Elimination of All Forms of Racial Discrimination (“Racial Discrimination Convention”). The NT Emergency Response Act provides an opportunity for the Racial Discrimination Convention’s enforcement body, the Committee on the Elimination of Racial Discrimination (“CERD”), to extend its application of the specialized guidelines for indigenous peoples beyond the …
Reinstating Treaty-Making With Native American Tribes, Phillip M. Kannan
Reinstating Treaty-Making With Native American Tribes, Phillip M. Kannan
William & Mary Bill of Rights Journal
No abstract provided.
Poetry, Law, & Poetry: Some Notes Toward A Unified Theory, Frank Pommersheim
Poetry, Law, & Poetry: Some Notes Toward A Unified Theory, Frank Pommersheim
Tribal Law Journal
This work is a beautiful and profound commentary on law. In twenty points, Pommersheim reflects on the nuances of poetry and law. As Pommersheim juxtaposes poetry and law, law and poetry, he reminds us what law is and what it is not.
It is the first contribution to a new section of the Journal which will contain work that crosses law with other disciplines.
Shadow War Scholarship, Indigenous Legal Tradition, And Modern Law In Indian Country, Christine Zuni Cruz
Shadow War Scholarship, Indigenous Legal Tradition, And Modern Law In Indian Country, Christine Zuni Cruz
Tribal Law Journal
In this essay, Tribal Law Journal Editor-in-Chief Zuni Cruz comments on the purpose of the Tribal Law Journal. She borrows the term "shadow war" from the Zapatistas' use of the Internet as she describes the Journal's endeavor to make Indigenous law explicit and to promote mental sovereignty. She challenges and invites others who write about the law of Indigenous Peoples to join in making legal scholarship in this area accessible to the public, especially the Indigenous public, and to create a depository of thought, rejecting the scattering of thought, by publishing legal scholarship in the global, publicly accessible e-journal, that …
Indigenous Legal Traditions, Cultural Rights, And Tierras Colectivas: A Jurisprudential Reading From The Emberá-Wounaan Community, Lauren Koller-Armstrong
Indigenous Legal Traditions, Cultural Rights, And Tierras Colectivas: A Jurisprudential Reading From The Emberá-Wounaan Community, Lauren Koller-Armstrong
Tribal Law Journal
This paper provides an overview of the Emberá-Wounaan indigenous group of Panama in the context of its legal traditions, worldview, and socio-political organization. In addition, this work examines how overlapping systems of tribal law and national Panamanian law have shaped 1) the tribe's geographic boundaries; and 2) environmental management in tribal communities
Toda Cambia Y Todo Sigue Siendo Igual (The More Things Change, The More The Stay The Same): How Fifteen Years Later The Constant Threat Of An End To The Zapatistas Continues To Justify Their Means, Pamela Genghini Hernandez
Toda Cambia Y Todo Sigue Siendo Igual (The More Things Change, The More The Stay The Same): How Fifteen Years Later The Constant Threat Of An End To The Zapatistas Continues To Justify Their Means, Pamela Genghini Hernandez
Tribal Law Journal
This article gives a chronological account of the events pre-dating the uprising of January 1, 1994 and the Zapatista struggle through the years. The author examines these events in light of indigenous self-determination, taking into consideration conditions within Mexico, to defend the course of action taken by the EZLN as a means of creating a space for themselves within Mexican society. The author argues the current state of federal Mexican law and international law do not leave Indigenous Peoples, including the EZLN, viable options for resolving injustices committed against them. She also provides an overview of the structure that the …
The Xhosa And The Truth And Reconciliation Commission: African Ways, Douglas H.M. Carver
The Xhosa And The Truth And Reconciliation Commission: African Ways, Douglas H.M. Carver
Tribal Law Journal
The author begins by providing a conceptual framework for indigenous people generally and then focuses on indigenous people in South Africa. Mr. Carver then discusses the culture and customs of the Xhosa, one of the main ethnic groups from the Republic of South Africa. He then discusses the Truth and Reconciliation Commission (TRC), set up in South Africa after the fall of the apartheid regime, which was meant to rebuild a society divided by racial and ethnic lines. The author explains how the Xhosa concept of "ubuntu" – encompassing African concepts of justice, harmony and reconciliation — became a core …
Indian Law Clinics And Externship Symposium Roundtable Discussion: Lawyering For Indigenous People, Tribal Law Journal
Indian Law Clinics And Externship Symposium Roundtable Discussion: Lawyering For Indigenous People, Tribal Law Journal
Tribal Law Journal
Several native and non-native Indian Law clinicians and scholars participated in a roundtable discussion on June 22, 2007 in Albuquerque, New Mexico to discuss lawyering for indigenous people. The attendees were organized into three different groups: discussants, respondents, and participants. The discussants began the dialogue and discussed their experiences in representing tribes to representing individual native clients in various areas of law. They discussed what it means as a lawyer "to do no harm" and their roles and challenges in teaching students how to serve native populations. The respondents provided their responses to the various topics presented by the discussants. …
Carlos Cisneros: His Life, Career, & Contributions, Susan Kelly, Jerold Widdison
Carlos Cisneros: His Life, Career, & Contributions, Susan Kelly, Jerold Widdison
Water Matters!
State Senator Carlos Cisneros links New Mexico’s past, present and future.
In Defense Of The Indian Child Welfare Act In Aggravated Circumstances, C. Eric Davis
In Defense Of The Indian Child Welfare Act In Aggravated Circumstances, C. Eric Davis
Michigan Journal of Race and Law
The Indian Child Welfare Act (ICWA) affords various protections to Indian families throughout child welfare proceedings. Among them is the duty imposed upon the state to provide rehabilitative services to families prior to the outplacement of an Indian child, or termination of parental rights. An analogous provision for non-Indians in the Adoption and Safe Families Act (ASFA) excuses rehabilitative services in "aggravated circumstances" of child abuse. The ICWA contains no such exception, and that absence has been controversial. In 2002, the Alaska Supreme Court applied ASFA's aggravated circumstances exception to the ICWA, thereby excusing services when a father severely abused …
Ecosystem Co-Management Agreements: A Study Of Nation Building Or A Lesson On Erosion Of Tribal Sovereignty?, Marren Sanders
Ecosystem Co-Management Agreements: A Study Of Nation Building Or A Lesson On Erosion Of Tribal Sovereignty?, Marren Sanders
Buffalo Environmental Law Journal
No abstract provided.
The Religious Freedom Restoration Act And Protection Of Native American Religious Practices, Jason Gubi
The Religious Freedom Restoration Act And Protection Of Native American Religious Practices, Jason Gubi
The Modern American
No abstract provided.
Framing Concurrent Jurisdiction Issues In The Self-Determination Era: Accepting The First Circuit's Analysis But Rejecting Its Application To Preserve Tribal Sovereignty, Nathaniel T. Haskins
Framing Concurrent Jurisdiction Issues In The Self-Determination Era: Accepting The First Circuit's Analysis But Rejecting Its Application To Preserve Tribal Sovereignty, Nathaniel T. Haskins
American Indian Law Review
No abstract provided.
Claims Arising: The Oneida Nation Of Wisconsin And The Indian Claims Commission, 1951-1982, Karim M. Tiro
Claims Arising: The Oneida Nation Of Wisconsin And The Indian Claims Commission, 1951-1982, Karim M. Tiro
American Indian Law Review
No abstract provided.
Key Concepts In The Finding, Definition And Consideration Of Custom Law In Tribal Lawmaking, Pat Sekaquaptewa
Key Concepts In The Finding, Definition And Consideration Of Custom Law In Tribal Lawmaking, Pat Sekaquaptewa
American Indian Law Review
No abstract provided.
Formalism And Judicial Supremacy In Federal Indian Law, Alex Tallchief Skibine
Formalism And Judicial Supremacy In Federal Indian Law, Alex Tallchief Skibine
American Indian Law Review
No abstract provided.
Maine V. Johnson: A Step In The Wrong Direction For The Tribal Sovereignty Of The Passamaquoddy Tribe And The Penobscot Nation, Whitney Austin Walstad
Maine V. Johnson: A Step In The Wrong Direction For The Tribal Sovereignty Of The Passamaquoddy Tribe And The Penobscot Nation, Whitney Austin Walstad
American Indian Law Review
No abstract provided.
Sunshine In Indian Country: A Pro-Foia View Of Klamath Water Users, Sean Hill
Sunshine In Indian Country: A Pro-Foia View Of Klamath Water Users, Sean Hill
American Indian Law Review
No abstract provided.
Indigenous Sovereignty: A Reassessment In Light Of The Un Declaration On The Rights Of Indigenous Peoples, Siegfried Wiessner
Indigenous Sovereignty: A Reassessment In Light Of The Un Declaration On The Rights Of Indigenous Peoples, Siegfried Wiessner
Vanderbilt Journal of Transnational Law
This Article explores the concept of "indigenous sovereignty" against the backdrop of the resurgence of indigenous peoples as actors in international and domestic law and policy. The Author starts with the traditional Western notion of sovereignty and its dynamization via the principle of self-determination, cabined by the exclusionary concepts of "terra nullius" and "uti possidetis." The next Part delineates the global indigenous renascence occurring since the 1970s and the resulting state practice that has led to treaties and to the development of customary international law in the field. The Article proceeds to analyze the scope and legal effect of the …
Improving Native American Access To Federal Funding For Economic Development Through Partnerships With Rural Communities, Joanna M. Wagner
Improving Native American Access To Federal Funding For Economic Development Through Partnerships With Rural Communities, Joanna M. Wagner
American Indian Law Review
No abstract provided.
A Non-Indian Entity Is Polluting Indian Waters: "Water" Your Rights To The Waters, And "Water" You Gonna Do About It?, Sean M. Hanlon
A Non-Indian Entity Is Polluting Indian Waters: "Water" Your Rights To The Waters, And "Water" You Gonna Do About It?, Sean M. Hanlon
Montana Law Review
Indian Water Rights
In A Class By Themselves: A Proposal To Incorporate Tribal Courts Into The Federal Court System Without Compromising Their Unique Status As "Domestic Dependent Nations", R. Stephen Mcneill
In A Class By Themselves: A Proposal To Incorporate Tribal Courts Into The Federal Court System Without Compromising Their Unique Status As "Domestic Dependent Nations", R. Stephen Mcneill
Washington and Lee Law Review
No abstract provided.
Honoring Trademarks: The Battle To Preserve Native American Imagery In The National Collegiate Athletic Association, 7 J. Marshall Rev. Intell. Prop. L. 735 (2008), Ian Botnick
UIC Review of Intellectual Property Law
On August 5, 2005, the National Collegiate Athletic Association introduced its plan to end the use of Native American mascots, nicknames and imagery. Schools were required to change their offensive nicknames and mascots and were forced to stop using trademarks bearing Native American imagery. The NCAA ban presents the question of whether schools affected by the ban can bring a trademark action against the NCAA. One interpretation of trademark law provides a school with no redress because the NCAA has not created a competing mark. However, the other interpretation of trademark law provides a school with a valid trademark claim …
Indigenous Recognition In International Law: Theoretical Observations, Patrick Macklem
Indigenous Recognition In International Law: Theoretical Observations, Patrick Macklem
Michigan Journal of International Law
This Essay addresses this question in the context of the evolving status of indigenous peoples in international law. International instruments vest rights in indigenous peoples, and establish indigenous peoples as international legal actors to whom States and other international legal actors owe legal duties and obligations. These developments began between the First and Second World Wars, when the International Labour Organization (ILO) began to supervise indigenous working conditions in colonies. They continued after the Second World War with ILO Conventions No. 107 and 169, which vested rights in indigenous populations located in States that are a party to their terms. …
"A Desert Grows Between Us"' The Sovereignty Paradox At The Intersection Of Tribal And Federal Courts, Caprice L. Roberts
"A Desert Grows Between Us"' The Sovereignty Paradox At The Intersection Of Tribal And Federal Courts, Caprice L. Roberts
Washington and Lee Law Review
No abstract provided.