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Articles 61 - 75 of 75
Full-Text Articles in Law
Compulsory Party Joinder And Tribal Sovereign Immunity: A Proposal To Modify Federal Courts' Application Of Rule 19 To Cases Involving Absent Tribes As "Necessary" Parties, Nicholas V. Merkley
Compulsory Party Joinder And Tribal Sovereign Immunity: A Proposal To Modify Federal Courts' Application Of Rule 19 To Cases Involving Absent Tribes As "Necessary" Parties, Nicholas V. Merkley
Oklahoma Law Review
No abstract provided.
Law, Theory And Aboriginal Peoples, Gordon Christie
Law, Theory And Aboriginal Peoples, Gordon Christie
All Faculty Publications
Some Aboriginal people see domestic Canadian law as alien and oppressive. This paper explores one source of this perception. By examining the layers of theory and world-view upon which the law is based, it finds conflict with the sensibilities of Aboriginal peoples. The author argues that a liberal vision supports and enlivens the law, and because it is grounded in this vision, the law cannot protect the interests of Aboriginal peoples. In analyzing the current legal approach to the protection of Aboriginal interests, an alternative liberal argument based on group autonomy is also considered. By examining the debate between liberal …
Indigenous Peoples’ Rights To Land, Territories, And Natural Resources: A Technical Meeting Of The Oas Working Group, Osvaldo Kreimer
Indigenous Peoples’ Rights To Land, Territories, And Natural Resources: A Technical Meeting Of The Oas Working Group, Osvaldo Kreimer
Human Rights Brief
No abstract provided.
The Supreme Court's Indian Law Decisions: Deviations From Constitutional Principles And The Crafting Of Judicial Smallpox Blankets, Gloria Valencia-Weber
The Supreme Court's Indian Law Decisions: Deviations From Constitutional Principles And The Crafting Of Judicial Smallpox Blankets, Gloria Valencia-Weber
Faculty Scholarship
The first section discusses sovereignty and the sources for foundational principles that pertain to the relationships among tribes, the states, and the federal government. The sources are the documented discourse and covenants of the constitutional evolution, the Articles of Confederation and Perpetual Union (Articles), and the Constitution of 1787 as they developed state jurisdiction related to Indian matters. Second, the paper discusses the colonial period and reality versus the fictions or myths of discovery and conquest. Third, the paper covers the conflict and unity in the pre-Revolutionary period. Fourth, the paper considers the Articles as the first U.S. model to …
Indigenous Territoriality In Canadian Courts, Douglas C. Harris
Indigenous Territoriality In Canadian Courts, Douglas C. Harris
All Faculty Publications
Territoriality describes the communication or assignment of meaning to particular boundaries in order to assert control over a define space. It encompasses the strategies, used by those attempting to maintain control and those seeking to acquire it, to give meaning to the spatial boundaries that demarcate jurisdiction. This chapter explores the competing territorialities of the Canadian state and indigenous peoples in the context of litigation over Aboriginal rights to fish. Access to and management of the fisheries have been and continue to be one of the principal points of conflict between the state and indigenous peoples. The disputes frequently lead …
Turf Struggles: Land, Sovereignty, And Sovereign Immunity, Catherine T. Struve
Turf Struggles: Land, Sovereignty, And Sovereign Immunity, Catherine T. Struve
All Faculty Scholarship
No abstract provided.
Specific Relief For Ancient Deprivations Of Property, Shelby D. Green
Specific Relief For Ancient Deprivations Of Property, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
I consider in this paper the extent to which courts rationally and on a principled basis can deny to aboriginal claimants, despite the ancientness of their claims, the specific relief of being restored to possession of their aboriginal lands where the case for such specific relief is otherwise made. The paper begins with a brief discussion of the foundations of property in the Western conception, then goes on to discuss the Europeans' asserted title to indigenous lands and the various theories of aboriginal title that have emerged. It then explores the past and existing legal obstacles to the judicial resolution …
Indian Gambling In Ohio: What Are The Odds?, Blake Watson
Indian Gambling In Ohio: What Are The Odds?, Blake Watson
School of Law Faculty Publications
This article describes the options available to Indian groups and recognized Indian tribes to establish off-reservation gaming operations pursuant to the Indian Gaming Regulatory Act.
Protecting The Rights Of Indigenous Cultures Under The Current Intellectual Property System: Is It A Good Idea?, 3 J. Marshall Rev. Intell. Prop. L. 88 (2003), Juan Andrés Fuentes
Protecting The Rights Of Indigenous Cultures Under The Current Intellectual Property System: Is It A Good Idea?, 3 J. Marshall Rev. Intell. Prop. L. 88 (2003), Juan Andrés Fuentes
UIC Review of Intellectual Property Law
Globalization and digital communication trends have provided new avenues and incentives for the commercial use of the folkloric artwork of indigenous peoples. Such commercial uses, however, have occurred largely without any creative control or financial benefit inuring to the original creators, people, or tribe of whom the artistic works form an integral part of their culture. Since much of the works are owned by a community as a whole, as opposed to being owned by individuals, it is difficult to fit such works into an intellectual property regime that is based on laws formed around Western notions of art and …
How Bad Law Made A Hard Case Easy: Nevada V. Hicks And The Subject Matter Jurisdiction Of Tribal Courts, Catherine T. Struve
How Bad Law Made A Hard Case Easy: Nevada V. Hicks And The Subject Matter Jurisdiction Of Tribal Courts, Catherine T. Struve
All Faculty Scholarship
No abstract provided.
Sacred Sites And Religious Freedom On Government Land, Richard B. Collins
Sacred Sites And Religious Freedom On Government Land, Richard B. Collins
Publications
No abstract provided.
Water Management In The United States And The Fate Of The Colorado River Delta In Mexico, David H. Getches
Water Management In The United States And The Fate Of The Colorado River Delta In Mexico, David H. Getches
Publications
No abstract provided.
Western Justice, Richard B. Collins
In The Absence Of Title: Responding To Federal Ownership In Sacred Sites Cases, Kristen A. Carpenter
In The Absence Of Title: Responding To Federal Ownership In Sacred Sites Cases, Kristen A. Carpenter
Publications
This paper examines the challenge of protecting American Indian sacred sites located on federal public lands. Many have addressed this issue in the religious freedoms context, but I believe the problem is just as much about property law. The Supreme Court's decision in Lyng v. Northwest Indian Cemetery Protective Association, for example, would appear to suggest that federal ownership of certain sacred sites trumps tribal free exercise clause claims regarding those sites. This holding corresponds with a classic model in which "[p]roperty is about rights over things and the people who have those rights are called owners." However, a …
Timpanogos Tribe V. Conway: Fishing For An Exception To State Sovereign Immunity In Natural Resource Regulation, Susan R. Fiorentino
Timpanogos Tribe V. Conway: Fishing For An Exception To State Sovereign Immunity In Natural Resource Regulation, Susan R. Fiorentino
Villanova Environmental Law Journal
No abstract provided.