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Indigenous, Indian, and Aboriginal Law

1989

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Articles 31 - 46 of 46

Full-Text Articles in Law

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.


Indian Consent To American Government, Richard B. Collins Jan 1989

Indian Consent To American Government, Richard B. Collins

Publications

No abstract provided.


The Headwaters Of The Public Trust: Some Thoughts On The Source And Scope Of The Traditional Doctrine, Charles F. Wilkinson Jan 1989

The Headwaters Of The Public Trust: Some Thoughts On The Source And Scope Of The Traditional Doctrine, Charles F. Wilkinson

Publications

No abstract provided.


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

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

Publications

No abstract provided.


Water Marketing In Wyoming, Mark Squillace Jan 1989

Water Marketing In Wyoming, Mark Squillace

Publications

No abstract provided.


Towards An/Other Legal Education: Some Critical And Tentative Proposals To Confront The Racism Of Modern Legal Education, Richard F. Devlin Frsc Jan 1989

Towards An/Other Legal Education: Some Critical And Tentative Proposals To Confront The Racism Of Modern Legal Education, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

It seems to me that by drawing on the myth of Prometheus, Harry Arthurs has struck an important chord that we may find will resonate throughout the papers that are to be presented today. Particularly, by emphasizing the idea of being "unbound," President Arthurs has opened up a conversation that is premised upon the connection between law and freedom. I propose to take up and expand that conversation and, hopefully, to give it a significantly different orientation. Specifically, I want to identify and attempt to come to terms with an issue which, I fear, does not engender sufficient concern within …


A Critical Look At Wyoming Water Law, Mark Squillace Jan 1989

A Critical Look At Wyoming Water Law, Mark Squillace

Publications

No abstract provided.


Aldo Leopold And Western Water Law: Thinking Perpendicular To The Prior Appropriation Doctrine, Charles F. Wilkinson Jan 1989

Aldo Leopold And Western Water Law: Thinking Perpendicular To The Prior Appropriation Doctrine, Charles F. Wilkinson

Publications

No abstract provided.


Book Review, Charles F. Wilkinson Jan 1989

Book Review, Charles F. Wilkinson

Publications

No abstract provided.


Possession And Title To Land In English Law, Kent Mcneil Jan 1989

Possession And Title To Land In English Law, Kent Mcneil

Articles & Book Chapters

The common law relating to land relies heavily on possession as a source of title and proprietary rights. Even a trespasser who wrongfully takes possession of land acquires a title to it that is good against anyone who cannot prove he or she has a better title. This is due in part to the rule that title is presumed from possession, but in addition it relies upon the incapacity of an outside claimant to rely on a jus tertii. In other words, the claimant is barred from pointing to a third party’s title under which he or she does not …


The Movement To Assimilate The American Indians: Jurisprudential Study, John W. Ragsdale Jr Jan 1989

The Movement To Assimilate The American Indians: Jurisprudential Study, John W. Ragsdale Jr

Faculty Works

In 1934, the United States made a revolutionary shift in Indian policy. Laws were passed that ended most assimilation measures and began, instead, a preservation and promotion of tribalism. Why did this happen? What changes in American thought, politics and economy could precipitate such a reversal? Felix Cohen, a former special assistant to the Attorney General, and known as the "Blackstone of American Indian Law," noted: "Like the miner's canary, the Indian marks the shifts from fresh air to poison gas in our political atmosphere; and our treatment of Indians, even more than our treatment of other minorities, reflects the …


Congressional Abrogation Of Indian Treaties: Reevaluation And Reform, Michael Townsend Jan 1989

Congressional Abrogation Of Indian Treaties: Reevaluation And Reform, Michael Townsend

Articles

The treaties between the United States and the Indians constitute a critical recognition and guarantee of Indian rights. They envision a "measured separatism"' for an important minority that is determined to maintain a distinct cultural and political identity.' Non-treaty rights are fragile: The Supreme Court has held that Indians are not citizens within the meaning of the Fourteenth Amendment,' and that Congress has "plenary power" over Indian affairs by virtue of its guardianship over their interests. Moreover, the United States has ended the formal negotiation process with the Indians, and apparently no further treaties will be concluded. Thus, Congress' power …