Law Commons^™

Expanding The Network Of Safety: Tribal Protection Orders For Survivors Of Sexual Assault, Sara Deer

Tribal Law Journal

The right to exist in a world free from violence is a basic tenet in many indigenous cultures and governments. The epidemic of sexual violence perpetrated against Native American women in the United States reflects a fundamental breakdown in the cultural and legal norms that have served to provide protection to Native women from time immemorial.

Blame It On Rio: Biodiscovery, Native Title, And Traditional Knowledge, Matthew Rimmer

Aboriginal Policy Research Consortium International (APRCi)

This article examines the legal responses to protect traditional knowledge of biodiversity in the wake of the Rio Convention on Biological Diversity. It considers the relative merits of the inter- locking regimes of contract law, environmental law, intellectual property law, and native title law. Part 1 considers the natural drug discovery industry in Australia. In particular , it looks at the operations of Amrad, Astra Zeneca R & D, and the Australian Institute of Marine Science. This section examines the key features of the draft regulations proposed under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) - model contracts, …

Parental Ratification: Legal Manifestations Of Cultural Authenticity In Cross-Racial Adoption, Kevin Noble Maillard

American Indian Law Review

No abstract provided.

Overcoming The Politics Of Reform: The Story Of The Cherokee Nation Of Oklahoma Constitutional Convention, Eric Lemont

American Indian Law Review

A pressing international challenge is developing processes of constitution-making that manage the politics of reform and produce legitimate and effective constitutions. This challenge is of special concern for numerous American Indian nations that have been embroiled in dual governments and constitutional crises over the past several decades. This article traces the recent constitutional reform process of the second largest Indian nation in the United States, the Cherokee Nation of Oklahoma. During the middle of its own constitutional crisis in 1999, the Nation formed an independent constitution commission and held a nine-day constitutional convention. The inclusiveness and independence of these two …

Death Of A Monster: Laws May Finally Kill Gila River Adjudication, Lindsay Murphy

American Indian Law Review

No abstract provided.

Sawnawgezewog: "The Indian Problem" And The Lost Art Of Survival, Matthew L. M. Fletcher

American Indian Law Review

No abstract provided.

The Competent Ward, Jeremy R. Fitzpatrick

American Indian Law Review

No abstract provided.

Progressing Back: A Tribal Solution For A Federal Morass, James T. Hamilton

American Indian Law Review

No abstract provided.

Indian-Law Scholarship And Tribal Survival: A Short Essay, Prompted By A Long Footnote, Robert Laurence

American Indian Law Review

No abstract provided.

Seeking Acceptance: Are The Black Seminoles Native Americans? Sylvia Davis V. The United States Of America, Martha Melaku

American Indian Law Review

No abstract provided.

The Land Must Hold The People: Native Modes Of Territoriality And Contemporary Tribal Justifications For Placing Land Into Trust Through 25 C.F.R Part 151, Padraic I. Mccoy

American Indian Law Review

No abstract provided.

'Information Feudalism: Who Owns The Knowledge Economy. A Book Review' (2003) 21 (1) Prometheus 127-132, Matthew Rimmer

Matthew Rimmer

Back in 1995, Peter Drahos wrote a futuristic article called ‘Information feudalism in the information society’. It took the form of an imagined history of the information society in the year 2015. Drahos provided a pessimistic vision of the future, in which the information age was ruled by the private owners of intellectual property. He ended with the bleak, Hobbesian image:"It is unimaginable that the information society of the 21st century could be like this. And yet if abstract objects fall out of the intellectual commons and are enclosed by private owners, private, arbitrary, unchecked global power will become a …

Indian Gambling In Ohio: What Are The Odds?, Blake A. Watson

Blake A Watson

This article explores the options available under the Indian Gaming Regulatory Act to Indian groups and tribes seeking to establish gambing establishments in Ohio. Although the focus is on Ohio, the analysis would apply to any effort to establish "off-resevation" gaming facilities under the IGRA.

A Constitutional Confession: The Permanent If Malleable Status Of Indigenous Nations, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

I appreciate the opportunity to address such an august group of students and faculty. When Amy invited me to join you, and she certainly is a very persuasive person, I debated long and hard on what kind of talk to give since I study politics comparatively. Although much of my work is infused with law and history, and a smidgen of culture, economics, and geography, I work largely at the intersection of politics, history and law, and have coined the awkward though accurate term, "Polegalorian," to describe what I do. My research is concerned broadly with how indigenous peoples generate, …

The Indigenous Vote: Protecting Or Endangering Sovereignty?, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

Much ado has been made about the 2002 mid-term congressional and gubernatorial elections. Democrats are bemoaning the Republican's treble triumph—congressional control, an invigorated Bush administration, and conservative rule on the supreme court. Republicans are exulting in their perceived conservative mandate—to address the War on Terror, privatize Social Security, and roll back environmental regulations that are deemed overly restrictive of private and public property development. And the inconsistent American voter, depending on race, socio-economic status, and issue salience, seems either unenthusiastic, ambivalent, or wildly animated about politics.

A Review Of South Dakota Criminal Justice: A Study Of Racial Disparities By Richard Braunstein And Steve Feimer, Frank Pommersheim, Elsie Meeks

Frank Pommersheim

No abstract provided.

Indian Tribal Courts, Frank Pommersheim

Frank Pommersheim

No abstract provided.

Doing Business In Indian Country: Introduction To American Indian Law Concepts Affecting Taxation, Erik M. Jensen

Faculty Publications

This article describes some of the issues that will affect whether national, state, and tribal governments can tax investors who do business, or who invest in doing business, within Indian country (a term generally meaning American Indian reservations, although it can be broader than that).

Absent treaty language or express statutory language to the contrary, tribal members are subject to federal taxes of general application, such as the income tax. The Internal Revenue Code does contain some specific provisions exempting certain sorts of income, such as that from fishing-rights related activities, from taxation. In general, nonmembers of a tribe who …

Abandoning The Pia Standard: A Comment On Gila V, Galen Lemei

Michigan Journal of Race and Law

Part I of this Note examines the development of Indian reserved water rights, and the practicably irrigable acreage method of quantifying those rights, as defined by the Court. Part II describes the arguments of state and private interests that oppose broad Indian water rights. Part III discusses Gila V, including the Arizona Supreme Court's rationale for abandoning the standard set forth by the U.S. Supreme Court and the standard for quantifying Indian reserved rights that the court applied in its place. Part IV analyzes the Arizona Supreme Court's justifications for abandoning the standard, and considers alternate grounds for the …

Has Oregon Tightened The Perceived Loopholes Of The Native American Graves Protection And Repatriation Act?--Bonnichsen V. United States, Michelle Sibley

American Indian Law Review

No abstract provided.

Cheyenne Way Of Peace And Justice: The Post Lewis And Clark Period To Oklahoma Statehood, Lawrence H. Hart

American Indian Law Review

No abstract provided.

Winner, Best Appellate Brief In The 2003 Native American Law Student Association Moot Court Competition, Matthew Baumgartner, Elizabeth Ann Kronk

American Indian Law Review

No abstract provided.

Protecting Tribal Stories: The Perils Of Propertization, Stephen D. Osborne

American Indian Law Review

No abstract provided.

Risk Avoidance, Cultural Discrimination, And Environmental Justice For Indigenous Peoples, Catherine O'Neill

Faculty Articles

This article begins with the recognition that environmental justice for Native peoples requires attention to the interrelated cultural, spiritual, social, ecological, economic, and political dimensions of environmental issues. It observes, moreover, that “environmental justice requires an appreciation of each tribe’s particular historical circumstances and contemporary understandings, including each group’s aspirations for the flourishing of its culture.” It contends that some environmental decision makers and commentators have increasingly come to embrace “risk avoidance” – strategies that call upon risk-bearers to alter their practices in order to avoid the risk of environmental harms – in lieu of risk reduction – strategies that …

Farmers, Fish, Tribal Power And Poker: Reallocating Water In The Truckee River Basin, Nevada And California, Barbara Cosens

Articles

No abstract provided.

Chickasaw Nation V. United States And The Potential Demise Of The Indian Canon Of Construction, George Jackson Iii

American Indian Law Review

No abstract provided.

Lottery Logistics: The Potential Impact Of A State Lottery On Indian Gaming In Oklahoma, Steve J. Coleman

American Indian Law Review

No abstract provided.

Chickasaw Nation V. United States: The Beginning Of The End Of The Indian-Law Canons In Statutory Cases And The Start Of The Judicial Assault On The Trust Relationships?, Graydon Dean Luthrey Jr.

American Indian Law Review

No abstract provided.

Whose Rights Are These Anyway?--A Rethinking Of Our Society's Intellectual Property Laws In Order To Better Protect Native American Religious Property, Suzanne Milchan

American Indian Law Review

No abstract provided.

Filling In The Blank Spots On Powell's And Stegner's Maps: The Role Of Modern Indian Tribes In Western Watersheds, Charles Wilkinson

Publications

No abstract provided.