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Articles 1 - 16 of 16

Full-Text Articles in Law

Indian Treaties And Their Abrogation By Statutes Of General Applicability: A Not-Entirely Nonpartisan Essay On "Quiet" Abrogations, "Actual" Consideration, And The Unhappy Reception Given United States V. Dion, Robert Laurence Sep 1989

Indian Treaties And Their Abrogation By Statutes Of General Applicability: A Not-Entirely Nonpartisan Essay On "Quiet" Abrogations, "Actual" Consideration, And The Unhappy Reception Given United States V. Dion, Robert Laurence

BYU Law Review

No abstract provided.


Control Of The Reservation Environment: Tribal Primacy, Federal Delegation, And The Limits Of State Intrusion, Judith V. Royster, Rory Snowarrow Fausett Jul 1989

Control Of The Reservation Environment: Tribal Primacy, Federal Delegation, And The Limits Of State Intrusion, Judith V. Royster, Rory Snowarrow Fausett

Washington Law Review

Inter-sovereign disputes over environmental regulation in Indian country are increasingly common. The federal government, individual states, and native nations all assert interests in controlling pollution on Indian reservations; the question of which sovereign should regulate in this area presents complex issues of federal law, native self-determination, and state autonomy. In this Article, the authors trace the roots of federal, state, and tribal authority to control events within reservation boundaries. Applying a three-tiered analysis to the problem, the authors examine: express federal preemption of state pollution control laws; federal program delegation to native governments as a bar to state regulation; and …


Scholarship, Pedagogy, And Federal Indian Law, Philip P. Frickey May 1989

Scholarship, Pedagogy, And Federal Indian Law, Philip P. Frickey

Michigan Law Review

A Review of American Indian Law in a Nutshell Second Edition by William C. Canby, Jr.


Land Tenure In The Pacific: The Context For Native Hawaiian Land Rights., Charles F. Wilkinson Apr 1989

Land Tenure In The Pacific: The Context For Native Hawaiian Land Rights., Charles F. Wilkinson

Washington Law Review

I met Maivân Clech Lâm at a conference on Hawaiian Native Sovereignty in May 1987. At that time we discussed her research on Native Hawaiian land rights and discovered many parallels to the land rights of Native Americans. At the request of the editors of the Washington Law Review, I am very pleased to write this introduction to Ms. Lâm's important work, which deals at once with the unique situation in Hawai'i and with the overriding issues relating to aboriginal peoples the world over.


The Kuleana Act Revisited: The Survival Of Traditional Hawaiian Commoner Rights In Land, Maivân Clech Lâm Apr 1989

The Kuleana Act Revisited: The Survival Of Traditional Hawaiian Commoner Rights In Land, Maivân Clech Lâm

Washington Law Review

The issue of aboriginal land rights raises significant legal and moral questions. The starting point for discussion of Native Hawaiian land rights is the Kuleana Act of 1850. This Act enabled Hawaiian commoners, for the first time in Hawaiian history, to acquire fee simple title to land. The Act did not, however, contain provisions simultaneously terminating their traditional rights in land. What these traditional rights consist of, and to whom they apply, remain relevant issues. The author examines the Act in the context of its surrounding history, laws, and judicial interpretations, and concludes that the Kuleana Act introduced a system …


Reprint: Testimony Of Edward Halealoha Ayau Before The Senate Select Committee On Indian Affairs: Subject: The Restoration Of Hawaiian Sovereignty And Land, Edward Halealoha Ayau Jan 1989

Reprint: Testimony Of Edward Halealoha Ayau Before The Senate Select Committee On Indian Affairs: Subject: The Restoration Of Hawaiian Sovereignty And Land, Edward Halealoha Ayau

American Indian Law Review

No abstract provided.


Cry, Sacred Ground: Big Mountain, U.S.A., Anita Parlow Jan 1989

Cry, Sacred Ground: Big Mountain, U.S.A., Anita Parlow

American Indian Law Review

No abstract provided.


From The Great Law Of Peace To The Constitution Of The United States: A Revision Of America's Democratic Roots, Gregory Schaaf Jan 1989

From The Great Law Of Peace To The Constitution Of The United States: A Revision Of America's Democratic Roots, Gregory Schaaf

American Indian Law Review

No abstract provided.


Address Of Deputy General Counsel Brian D. Miller, U.S. Commission On Civil Rights, Before The Federal Bar Association's 13th Annual Indian Law Conference, Brian D. Miller Jan 1989

Address Of Deputy General Counsel Brian D. Miller, U.S. Commission On Civil Rights, Before The Federal Bar Association's 13th Annual Indian Law Conference, Brian D. Miller

American Indian Law Review

No abstract provided.


Front Matter (Administration & Faculty Listing, Masthead, And Table Of Contents) Jan 1989

Front Matter (Administration & Faculty Listing, Masthead, And Table Of Contents)

American Indian Law Review

No abstract provided.


Crow Dog's Case: A Chapter In The Legal History Of Tribal Sovereignty, Sidney L. Harring Jan 1989

Crow Dog's Case: A Chapter In The Legal History Of Tribal Sovereignty, Sidney L. Harring

American Indian Law Review

No abstract provided.


Health Care: An Overview Of The Indian Health Service, William Boyum Jan 1989

Health Care: An Overview Of The Indian Health Service, William Boyum

American Indian Law Review

No abstract provided.


American Indians And The Constitution: An Argument For Nationhood, Steven Paul Mcsloy Jan 1989

American Indians And The Constitution: An Argument For Nationhood, Steven Paul Mcsloy

American Indian Law Review

No abstract provided.


Civil Liberties Guarantees Under Tribal Law: A Survey Of Civil Rights Provisions In Tribal Constitutions, Elmer R. Rusco Jan 1989

Civil Liberties Guarantees Under Tribal Law: A Survey Of Civil Rights Provisions In Tribal Constitutions, Elmer R. Rusco

American Indian Law Review

No abstract provided.


National Farmers Union And Its Progeny: Does It Create A New Federal Court System?, Philip J. Smith Jan 1989

National Farmers Union And Its Progeny: Does It Create A New Federal Court System?, Philip J. Smith

American Indian Law Review

No abstract provided.


Volume 14 1989 Jan 1989

Volume 14 1989

American Indian Law Review

No abstract provided.