Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Colorado Law School (21)
- University of New Mexico (12)
- University of Washington School of Law (10)
- University of Oklahoma College of Law (8)
- Brigham Young University Law School (4)
-
- University of Richmond (4)
- University of Tulsa College of Law (4)
- University of South Dakota (3)
- Maurer School of Law: Indiana University (2)
- Osgoode Hall Law School of York University (2)
- University of Michigan Law School (2)
- Columbia Law School (1)
- Mitchell Hamline School of Law (1)
- SelectedWorks (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Missouri-Kansas City School of Law (1)
- University of North Dakota (1)
- Keyword
-
- Land Claims (6)
- Sandia Mountain (6)
- Sandia Pueblo (6)
- United States (6)
- Court Documents (5)
-
- Endangered Species Act (5)
- ESA (4)
- Federal Legislation (4)
- Indian tribes (4)
- Litigation (4)
- National Forest Management Act (4)
- Native Americans (4)
- Amend (3)
- Canada (3)
- Clean Water Act (3)
- Indian Law Books, Articles and Videos (3)
- Indian law (3)
- International law (3)
- Land Use (3)
- Legal history (3)
- Natural resources (3)
- Public Land Law (3)
- Public Lands (3)
- Settlement (3)
- Tribal sovereignty (3)
- US (3)
- 4(d) rules (2)
- Army Corps of Engineers (2)
- Beneficial use (2)
- Bureau of Indian Affairs (2)
- Publication
-
- Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12) (9)
- American Indian Law Review (8)
- United States v. Washington, Docket Nos. 96-35014, 96-35082, 96-35142, 96-35196, 96-35200, 96-35223 (135 F.3d 618 (9th Cir. 1998)) (8)
- Publications (6)
- Sandia Pueblo Mountain Claim (6)
-
- Articles, Chapters in Books and Other Contributions to Scholarly Works (4)
- Native American Water Rights Settlement Project (4)
- The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18) (4)
- BYU Law Review (3)
- Faculty Scholarship (3)
- Frank Pommersheim (3)
- Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002) (3)
- Jepson School of Leadership Studies articles, book chapters and other publications (2)
- Osgoode Hall Law Journal (2)
- Articles (1)
- Articles by Maurer Faculty (1)
- Brigham Young University Journal of Public Law (1)
- Faculty Works (1)
- Indiana Law Journal (1)
- Law Faculty Publications (1)
- Maryland Law Review (1)
- Michigan Journal of International Law (1)
- Michigan Law Review (1)
- Prof. Elizabeth Burleson (1)
- US Government Documents related to Indigenous Nations (1)
- University of Richmond Law Review (1)
- Washington Law Review (1)
- Publication Type
Articles 61 - 78 of 78
Full-Text Articles in Law
The Dominant Society's Judicial Reluctance To Allow Tribal Civil Law To Apply To Non-Indians: Reservation Diminishment, Modern Demography And The Indian Civil Rights Act, Robert Laurence
University of Richmond Law Review
Begin at the beginning: there was a time, not so long ago as such things are reckoned-say, about half as long as there has been a country called Hungary-during which only American Indians lived in and around what is now the Commonwealth of Virginia. A time when Europeans, Africans and Asians were entirely occupied with managing the affairs of Europe, Africa and Asia, to mixed effect. A time when the subject of this article was entirely theoretical; when the question of applying tribal law to non-Indians was answered neither "yes" or "no" but simply did not arise, putting aside the …
Conquering The Cultural Frontier: The New Subjectivism Of The Supreme Court In Indian Law, David H. Getches
Conquering The Cultural Frontier: The New Subjectivism Of The Supreme Court In Indian Law, David H. Getches
Publications
For a century and a half, the Supreme Court was faithful to a set of foundation principles respecting Indian tribal sovereignty. Though the United States can abrogate tribal powers and rights, it can only do so by legislation. Accordingly, the Court has protected reservations as enclaves for Indian self-government, preventing states from enforcing their laws and taxes, and holding that even federal laws could not be applied to Indians without congressional permission. Recently, however, the Court has assumed the job it formerly conceded to Congress, considering and weighing cases to reach results comporting with the Justices' subjective notions of what …
Science, Sovereignty, And The Sacred Text: Paleontological Resources And Native American Rights, Allison M. Dussias
Science, Sovereignty, And The Sacred Text: Paleontological Resources And Native American Rights, Allison M. Dussias
Maryland Law Review
No abstract provided.
Employment In Indian Country: Considerations Respecting Tribal Regulation Of The Employer-Employee Relationship, G. William Rice
Employment In Indian Country: Considerations Respecting Tribal Regulation Of The Employer-Employee Relationship, G. William Rice
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Of Seeds And Shamans: The Appropriation Of The Scientific And Technical Knowledge Of Indigenous And Local Communities, Naomi Roht-Arriaza
Of Seeds And Shamans: The Appropriation Of The Scientific And Technical Knowledge Of Indigenous And Local Communities, Naomi Roht-Arriaza
Michigan Journal of International Law
This article recasts the debates over access to, and control over, genetic and biological knowledge and resources in terms of the appropriation of indigenous and local communities' knowledge and resources. It first discusses recent examples of appropriation as currently conducted by global biotechnology, pharmaceutical, and agribusiness corporations and their associates in Northern universities, seed and gene banks, and research centers. Second, it describes and exposes the mechanisms of appropriation by focusing on the limited and culturally determined definitions of what is "wild" as opposed to "cultivated," what is "knowledge" and who can possess it, and what are "innovations" and "inventions." …
The Sovereign Immunity Exception Comment, Henry Paul Monaghan
The Sovereign Immunity Exception Comment, Henry Paul Monaghan
Faculty Scholarship
Seminole Tribe v. Florida is the 1995 Term's illustration of the importance that a narrow, but solid, five-Justice majority of the Supreme Court attaches to the constitutional underpinnings of "Our Federalism." In Seminole Tribe, this majority declared that Congress lacks authority under its Article I, Section 8 regulatory powers to subject unconsenting states to suits initiated in federal court by private persons. The very same majority had previously made clear its intention to implement the original constitutional understanding of a national government of limited powers, especially when the national government attempted to "commandeer" state legislative and administrative processes. This …
The Public Lands And The National Heritage, Charles F. Wilkinson
The Public Lands And The National Heritage, Charles F. Wilkinson
Publications
No abstract provided.
The Awas Tingni Petition To The Inter-American Commission On Human Rights: Indigenous Lands, Loggers, And Government Neglect In Nicaragua, S. James Anaya
The Awas Tingni Petition To The Inter-American Commission On Human Rights: Indigenous Lands, Loggers, And Government Neglect In Nicaragua, S. James Anaya
Publications
No abstract provided.
Henry Berry Lowry: Champion Of The Dispossessed, David E. Wilkins
Henry Berry Lowry: Champion Of The Dispossessed, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
The nineteenth century stands apart in the minds of indigenous peoples as a period of extreme hardship. Tribes in the first half of this era, were initially victimized by the enactment of devastating "segregation" measures (i.e. the Indian Removal policy and later the Reservation policy). Later in the century, when it was clear that segregation was an insufficient response to intercultural relations, the federal government shifted its powerful attention to a series of overtly ethnocidal "civilization," or better termed, "Americanization" measures. Broadly stated, such measures entailed the cultural assimilation, the spiritual assimilation, and the physical assimilation of indigenous lands and …
Indian Religious Freedom: Recognized/Denied, David E. Wilkins
Indian Religious Freedom: Recognized/Denied, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
Clinton's sacred site executive order applies to all "federal lands" and to all "recognized" Indian tribes. A "sacred site" is defined as "any specific, discrete, narrowly delineated location of Federal land that is identified by an Indian tribe, or Indian individual... as sacred by virtue of its established religious significance to, or ceremonial use by, an Indian religion; provided that the tribe or appropriately authoritative representative of an Indian religion has informed the agency of the existence of such a site."
The issue that seemed most troublesome from William Downes' legal perspective, besides the alleged Establishment clause violation, was that …
The Sense Of Justice And The Justice Of Sense: Native Hawaiian Sovereignty And The Second "Trial Of The Century", William H. Rodgers, Jr.
The Sense Of Justice And The Justice Of Sense: Native Hawaiian Sovereignty And The Second "Trial Of The Century", William H. Rodgers, Jr.
Articles
My approach in this Essay is to look at the Native Hawaiian Sovereignty conflict through a lens suggested by evolutionary theory, sometimes described in the law schools as "Law and Biology." In this world, the sense of justice is a set of expectations about how others should behave, backed by a proclivity towards moralistic aggression against deviators.
The sense of justice entails both cognition and emotion, with a match of expectations and then the fit that follows if there is no fit.
Compare and despair is the name of the game. Explored in detail are the actions of Dennis "Bumpy" …
Sovereignty As A Bar To Enforcement Of Executive Order 11246 In Federal Contracts With Native American Tribes, Vicki Limas
Sovereignty As A Bar To Enforcement Of Executive Order 11246 In Federal Contracts With Native American Tribes, Vicki Limas
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Water Rights: Is The Quechan Tribe Barred From Seeking A Determination Of Reservation Boundaries In Indian Country, Judith Royster
Water Rights: Is The Quechan Tribe Barred From Seeking A Determination Of Reservation Boundaries In Indian Country, Judith Royster
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
There And Back Again--An Indian Hobbit's Holiday: Indians Teaching Indian Law, G. William Rice
There And Back Again--An Indian Hobbit's Holiday: Indians Teaching Indian Law, G. William Rice
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Book Review. Lone Wolf V. Hitchcock By Blue Clark, David C. Williams
Book Review. Lone Wolf V. Hitchcock By Blue Clark, David C. Williams
Articles by Maurer Faculty
No abstract provided.
The Rise And Fall Of The Chacoan State, John W. Ragsdale Jr
The Rise And Fall Of The Chacoan State, John W. Ragsdale Jr
Faculty Works
No abstract provided.
Review Essay: “Indians Are Us?: Culture And Genocide In Native North America" By Me Monroe, John P. Lavelle
Review Essay: “Indians Are Us?: Culture And Genocide In Native North America" By Me Monroe, John P. Lavelle
Faculty Scholarship
Indians Are Us? is a collection of commentaries on American Indian political and social affairs, written in the truculent tone that readers have come to expect from writer Ward Churchill. Like its predecessors, Fantasies of the Master Race and Struggle far the Land, this latest Churchill project consists largely of polemical pieces hastily compiled from obscure leftist publications.
Protecting Tribal Sovereignty: Why States Should Not Be Able To Tax Contractors Hired By The Bia To Construct Reservation Projects For Tribes: Blaze Construction Co. V. New Mexico Taxation And Revenue Department: A Case Study, Richard J. Ansson Jr.
American Indian Law Review
No abstract provided.