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Indigenous, Indian, and Aboriginal Law

2014

Faculty Articles

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Full-Text Articles in Law

A Legal Practitioner’S Guide To Indian And Tribal Law Research, Kelly Kunsch Jan 2014

A Legal Practitioner’S Guide To Indian And Tribal Law Research, Kelly Kunsch

Faculty Articles

This article is a guide to legal research with the specific goal of assisting practitioners. The typical practitioner would be an attorney, but many professionals who work within the arena of Indian and tribal law may not have the formal legal training that attorneys do. The article is a discussion of the resources available to research the law, the issues that often arise in the area, and the approaches to take in applying the resources to the issues. It is not a classic bibliography listing resources (often alphabetically), and is not intended to be comprehensive in the resources mentioned. Acknowledging …


A Dark Side Of Virtue: The Inter-American Court And Reparations For Indigenous Peoples, Thomas Antkowiak Jan 2014

A Dark Side Of Virtue: The Inter-American Court And Reparations For Indigenous Peoples, Thomas Antkowiak

Faculty Articles

"The Inter-American Court of Human Rights has now developed a significant jurisprudence on indigenous peoples, far more extensive than the case law of the other regional human rights tribunals. Also, unlike the various United Nations institutions that promote indigenous rights, the Inter-American Court issues binding and detailed judgments. As a result, the Court has become a global leader in the adjudication and redress of indigenous claims. For this reason, this first close and critical examination of the Court’s reparations for indigenous peoples is vital. With respect to non-monetary remedies, the Court has ordered the restitution of communal lands and other …