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Articles 1021 - 1050 of 13891
Full-Text Articles in Law
Icwa’S Irony, Marcia Zug
“The Desert Is Our Home”, Kayla Molina
“The Desert Is Our Home”, Kayla Molina
American Indian Law Review
No abstract provided.
Coeur D’Alene Tribe V. Hawks: Why Federal Courts Have The Power To Recognize And Enforce Tribal Court Judgments Against Nonmembers “Because Of The Federal Government’S Unique Relationship With Indian Tribes”, Heath Albert
American Indian Law Review
No abstract provided.
The Disproportionate Effect On Native American Women Of Extending The Federal Involuntary Manslaughter Act To Include A Woman’S Conduct Against Her Child In Utero: United States V. Flute, Andie B. Netherland
The Disproportionate Effect On Native American Women Of Extending The Federal Involuntary Manslaughter Act To Include A Woman’S Conduct Against Her Child In Utero: United States V. Flute, Andie B. Netherland
American Indian Law Review
No abstract provided.
Mirrored Harms: Unintended Consequences In The Grant Of Tribal Court Jurisdiction Over Non-Indian Abusers, Jonathan Riedel
Mirrored Harms: Unintended Consequences In The Grant Of Tribal Court Jurisdiction Over Non-Indian Abusers, Jonathan Riedel
American Indian Law Review
No abstract provided.
Impact Of The Coronavirus And Federal Responses On Indigenous Peoples’ Health, Security, And Sovereignty, Libby Smith
Impact Of The Coronavirus And Federal Responses On Indigenous Peoples’ Health, Security, And Sovereignty, Libby Smith
American Indian Law Review
No abstract provided.
The Continued Persecution Of The Kurdish People In Turkey, James L. Crawford
The Continued Persecution Of The Kurdish People In Turkey, James L. Crawford
American Indian Law Review
No abstract provided.
The Supreme Court Of Washington’S Broad Interpretation Of The “Reason To Know” Standard In In Re Dependency Of Z.J.G. And Why A Uniform, Broad Interpretation Of The Standard Will Lead To Better Outcomes, Dylan Hartsook
American Indian Law Review
No abstract provided.
Winner, Best Appellate Brief In The 2021 Native American Law Student Association Moot Court Competition, Eric Rolston, Polina Noskova
Winner, Best Appellate Brief In The 2021 Native American Law Student Association Moot Court Competition, Eric Rolston, Polina Noskova
American Indian Law Review
No abstract provided.
Non-Indian Reservations, Joshua Matthew Rosenau
Non-Indian Reservations, Joshua Matthew Rosenau
Graduate Student Theses, Dissertations, & Professional Papers
This thesis is a skeptical treatment of the logical distinctions presumed to exist between “Indian” and “non-Indian” people. Despite representing 99 percent of the U.S. population, “non-Indians” represent a legal identity which has no explicit definition. The basis for the U.S. Supreme Court’s decisions regarding non-Indians and Indians rests not on any objective, empirical or logical criterion or proof, but rather on the “assumption of a ‘guardian-ward’ status. This thesis investigates this assumption, and recommends that we suspend judgment on whether the difference between “Indians” and “non-Indians” can be determined either by logical argument or by legal assumption.
Santa Clara Pueblo V. Martinez In The Evolution Of Federal Law, Richard B. Collins
Santa Clara Pueblo V. Martinez In The Evolution Of Federal Law, Richard B. Collins
Tribal Law Journal
Few Indian law decisions have evoked as much scholarly attention as Santa Clara Pueblo.1 Shepard's pulls up over 1000 law review references, and Google reports almost 3,000,000 hits.2 It is a major case in all Indian law treatises and casebooks and is important in several other books.3 Most analyze the decision as an event and focus on its principal holding, denying a federal cause of action for civil enforcement of the Indian Civil Rights Act.4 Policy discussions parse tribal sovereignty and discrimination against women.
Tribal Justice: Honoring Indigenous Dispute Resolution (Symposium Keynote Address), Deb Haaland
Tribal Justice: Honoring Indigenous Dispute Resolution (Symposium Keynote Address), Deb Haaland
Tribal Law Journal
Tribal Law Journal 20th Anniversary Symposium Keynote Address. I am working to weave our Native voice into a system that is not traditionally our own to make sure these legal fictions do not persist into another detrimental federal policy era. This symposium is highly valuable because it shows our community how important it is to incorporate indigenous traditional values into our legal system—but this is also important to highlight in our political systems and my effort to encourage more Native Americans to run for office and will continue. Native American people need to redefine all aspects of our governance systems …
Native American Oral Evidence: Finding A New Hearsay Exception, Max Virupaksha Katner
Native American Oral Evidence: Finding A New Hearsay Exception, Max Virupaksha Katner
Tribal Law Journal
The Federal Rules of Evidence hearsay rules unjustifiably exclude legitimate and trustworthy evidence that support many Native American legal claims. Native American communities traditionally were not literate and rarely recorded the treaties, contracts, and other legal instruments they drew up or honored in any kind of written format, oftentimes recording their histories and diplomatic events in other ways; take for example wampum belts used by the Haudenosaunee Confederacy, among others. While the U.S. legal system presupposes that evidence in written statements provides a greater assurance of accuracy and truth than oral statements, this is not always the case. Writing is …
Tribal Opposition To Enbridge Line 5: Rights And Interests, John Minode’E Petoskey
Tribal Opposition To Enbridge Line 5: Rights And Interests, John Minode’E Petoskey
Tribal Law Journal
This paper will examine the tribal interests at stake in the controversy surrounding Enbridge Oil Pipeline 5 (“Line 5”), and will explore why it is consistent with Michigan’s treaty obligations and public trust principles to remove the pipeline from the Straits of Mackinac. The Line runs beneath the Straits of Mackinac, the convergence of Lake Michigan and Lake Huron, and is nearly 70 years old. Should the pipeline burst, the resulting spill would irreparably harm fisheries in the Straits and impair tribal treaty rights to fish in the Great Lakes. Part I will provide a roadmap overview. Part II will …
Indigenous Peoples And Diplomacy On The World Stage, Kristen Carpenter, Alexey Tsykarev
Indigenous Peoples And Diplomacy On The World Stage, Kristen Carpenter, Alexey Tsykarev
Publications
No abstract provided.
Introduction To The Symposium On The Impact Of Indigenous Peoples On International Law, S. James Anaya, Antony Anghie
Introduction To The Symposium On The Impact Of Indigenous Peoples On International Law, S. James Anaya, Antony Anghie
Publications
No abstract provided.
Living The Sacred: Indigenous Peoples And Religious Freedom, Kristen A. Carpenter
Living The Sacred: Indigenous Peoples And Religious Freedom, Kristen A. Carpenter
Publications
No abstract provided.
Aamodt Litigation Settlement Completion, United States 116th Congress
Aamodt Litigation Settlement Completion, United States 116th Congress
Native American Water Rights Settlement Project
Amends the Aamodt Litigation Settlement Act (Pub. L. 11-291) to increase funding for Pueblo Water Facilities from $106.4 million to $243.4 million and making available $137 million for Regional Water System funding.
Montana Water Rights Protection Act, United States 116th Congress
Montana Water Rights Protection Act, United States 116th Congress
Native American Water Rights Settlement Project
The purposes of this Act are: (1) to achieve a fair, equitable, and final settlement of claims to water rights in the State of Montana, and in recognition of article I, and section 3 of article IX, of the Montana State Constitution for (A) the Confederated Salish and Kootenai Tribes of the Flathead Indian Reservation; and (B) the United States, for the benefit of the Tribes and allottees; (2) to authorize, ratify, and confirm the water rights compact entered into by the Tribes and the State, to the extent that the Compact is consistent with this Act; (3) to authorize …
Navajo-Utah Water Rights Settlement Act, United States 116th Congress
Navajo-Utah Water Rights Settlement Act, United States 116th Congress
Native American Water Rights Settlement Project
The purposes of this section are: (1) to achieve a fair, equitable, and final settlement of all claims to water rights in the State of Utah for (A) the Navajo Nation and (B) the United States, for the benefit of the Nation; (2) to authorize, ratify, and confirm the agreement entered into by the Nation and the State, to the extent that the agreement is consistent with this section; (3) to authorize and direct the Secretary (A) to execute the agreement and (B) to take any actions necessary to carry out the agreement in accordance with this section; and (4) …
Rehabilitative Justice: The Effectiveness Of Healing To Wellness, Opioid Intervention, And Drug Courts, Majidah M. Cochran, Christine L. Kettel
Rehabilitative Justice: The Effectiveness Of Healing To Wellness, Opioid Intervention, And Drug Courts, Majidah M. Cochran, Christine L. Kettel
American Indian Law Journal
No abstract provided.
The Indian Child Welfare Act’S Application To Civil Commitments Of Indian Children In State Court Proceeding, Courtney Lewis
The Indian Child Welfare Act’S Application To Civil Commitments Of Indian Children In State Court Proceeding, Courtney Lewis
American Indian Law Journal
Currently there is no clear guidance on the Indian Child Welfare Act’s (ICWA) application in the context of a civil commitment proceeding, which generally occurs at the state level. This Article argues that ICWA applies to any state court proceeding for civil commitment of an Indian child if the Indian parent cannot have their child returned upon demand. The plain language of ICWA provides for this reasonable interpretation. ICWA enacts rights for Indian children, their parents, and their tribes when a party seeks the removal of the Indian child for placement in an institution. Without adherence to these rights, an …
Another Inappropriate F Word: Fiduciary Doctrine And The Crown-Indigenous Relationship In Canada, Bryan Birtles
Another Inappropriate F Word: Fiduciary Doctrine And The Crown-Indigenous Relationship In Canada, Bryan Birtles
American Indian Law Journal
No abstract provided.
“One Person, One Vote”: Navajo Nation V. San Juan County And Voter Suppression Of Native Americans, Carter Fox
“One Person, One Vote”: Navajo Nation V. San Juan County And Voter Suppression Of Native Americans, Carter Fox
American Indian Law Journal
No abstract provided.
Mortgage Lending On Tribal Lands: Federal Fair Lending Protections, Public-Private Partnerships, And Tribal Solutions For Increasing Access To Mortgage Credit On Tribal Lands, Abby Hogan
American Indian Law Journal
No abstract provided.
Peyote Crisis Confronting Modern Indigenous Peoples: The Declining Peyote Population And A Demand For Conservation, James D. Muneta
Peyote Crisis Confronting Modern Indigenous Peoples: The Declining Peyote Population And A Demand For Conservation, James D. Muneta
American Indian Law Journal
Once abundant, the wild growing peyote cactus plants in Texas and Mexico are being drastically reduced and becoming scarce. Peyote, a slow growing cactus contains the hallucinogenic drug mescaline, is a sacred sacrament used in the Native Americans Church (NAC). It is also used religiously by various Indian tribes throughout the country of Mexico. Although peyote is classified as a controlled substance under federal and state laws, U.S. Congress granted NAC members a “peyote exemption” pursuant to the American Indian Religious Freedom Act to legally use peyote for religious purposes. In U.S. v. Boyll, the federal district court interpreted the …
Introduction, Rick Applegate
Asarco Llc V. Atlantic Richfield Co., Llc, Taylor A. Simpson
Asarco Llc V. Atlantic Richfield Co., Llc, Taylor A. Simpson
Public Land & Resources Law Review
In 2009, Asarco reached a settlement agreement with the Environmental Protection Agency for the arsenic-contaminated East Helena lead smelting facility. As part of the settlement, Asarco was responsible for $111.4 million in cleanup and remediation expenses. Following this payment, Asarco brought a contribution claim under the Comprehensive Environmental Response, Compensation, and Liability Act against Atlantic Richfield. Finally, in 2020, the Ninth Circuit Court of Appeals held that Asarco’s remediation expenses of $111.4 million were not eligible for contribution because the costs were not fully incurred. The Ninth Circuit stated that only incurred or concrete, non-speculative future costs can be eligible …