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Articles 1321 - 1350 of 13888
Full-Text Articles in Law
Santa Clara Pueblo Tribal Court Handbook (2019), Tribal Law Journal Staff
Santa Clara Pueblo Tribal Court Handbook (2019), Tribal Law Journal Staff
Tribal Law Journal
This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.
Zuni Pueblo Tribal Court Handbook (2019), Tribal Law Journal Staff
Zuni Pueblo Tribal Court Handbook (2019), Tribal Law Journal Staff
Tribal Law Journal
This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.
Native American Voting Rights: Two Steps Forward, One Step Back, Patrick Roche
Native American Voting Rights: Two Steps Forward, One Step Back, Patrick Roche
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Incorporation Without Assimilation: Legislating Tribal Civil Jurisdiction Over Non-Members, Alexander Tallchief Skibine
Incorporation Without Assimilation: Legislating Tribal Civil Jurisdiction Over Non-Members, Alexander Tallchief Skibine
Utah Law Faculty Scholarship
For the last 40 years the Supreme Court has been engaged in a measured attack on the sovereignty of Indian tribes when it comes to tribal court jurisdiction over people who are not members of the tribe asserting that jurisdiction. The Congress has already enacted legislation partially restoring some tribal courts’ criminal jurisdiction over non-members. This Essay proposes to legislatively reconfirm the civil jurisdiction of tribal courts over such non-members. After examining the Supreme Court’s jurisprudence in this area and summarizing the Court’s main concerns with such tribal jurisdiction, this Essay explores various legislative options before settling on a preferred …
Cultural Appropriation Of Traditional Garment Designs In The Post-Star Athletica Era, Sahara F. Farzaneh
Cultural Appropriation Of Traditional Garment Designs In The Post-Star Athletica Era, Sahara F. Farzaneh
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Statutory Recognition Of Indigenous Custom Adoption: Its Role In Strengthening Self-Governance Over Child Welfare, Celeste Cuthbertson
Statutory Recognition Of Indigenous Custom Adoption: Its Role In Strengthening Self-Governance Over Child Welfare, Celeste Cuthbertson
Dalhousie Journal of Legal Studies
This article critically examines the statutory recognition of Indigenous custom adoption in Canada. Settler state recognition of custom adoption in each province and territory is discussed and the possibility of conflation between custom adoption and settler state adoption is highlighted. The author argues that statutory regimes have a role in strengthening Indigenous self-governance over child welfare so long as the conflation of diverse practices is rejected, and recognition is accompanied by control and support.
California Indian Tribes And The Marine Life Protection Act: The Seeds Of A Partnership To Preserve Natural Resources, Curtis G. Berkey, Scott W. Williams
California Indian Tribes And The Marine Life Protection Act: The Seeds Of A Partnership To Preserve Natural Resources, Curtis G. Berkey, Scott W. Williams
American Indian Law Review
No abstract provided.
Keeping Cultural Bias Out Of The Courtroom: How Icwa “Qualified Expert Witnesses” Make A Difference, Elizabeth Low
Keeping Cultural Bias Out Of The Courtroom: How Icwa “Qualified Expert Witnesses” Make A Difference, Elizabeth Low
American Indian Law Review
No abstract provided.
Being Uighur . . . With “Chinese Characteristics”: Analyzing China’S Legal Crusade Against Uighur Identity, Brennan Davis
Being Uighur . . . With “Chinese Characteristics”: Analyzing China’S Legal Crusade Against Uighur Identity, Brennan Davis
American Indian Law Review
No abstract provided.
United States V. Bryant: The Results Of Upholding Women’S Rights And Tribal Sovereignty, Madalynn Martin
United States V. Bryant: The Results Of Upholding Women’S Rights And Tribal Sovereignty, Madalynn Martin
American Indian Law Review
No abstract provided.
An Act Respecting First Nations, Inuit And Métis Children, Youth And Families: Does Bill C-92 Make The Grade?, Naiomi Metallic, Hadley Friedland, Aimée Craft, Jeffery Hewitt, Sarah Morales
An Act Respecting First Nations, Inuit And Métis Children, Youth And Families: Does Bill C-92 Make The Grade?, Naiomi Metallic, Hadley Friedland, Aimée Craft, Jeffery Hewitt, Sarah Morales
Reports & Public Policy Documents
On Thursday, February 28, 2019, the federal government introduced Bill C-92, An Act respecting First Nations, Métis and Inuit children, youth and families for first reading. After many years of well documented discrimination against Indigenous children, there is much hope in this legislative process to reverse this trend, empower Indigenous peoples to reclaim jurisdiction in this area, and ensure the rights of children are affirmed. To realize those hopes, we have drafted this analysis with the aim to improve the current legislation as it moves through committee and the Senate.
[Introduction To] Documents Of Native American Political Development: 1933 To Present, David E. Wilkins (Editor)
[Introduction To] Documents Of Native American Political Development: 1933 To Present, David E. Wilkins (Editor)
Bookshelf
Before Europeans arrived in what is now known as the United States, over 600 diverse Native nations lived on the same land. This encroachment and subsequent settlement by Americans forcibly disrupted the lives of all indigenous peoples and brought about staggering depopulation, loss of land, and cultural, religious, and economic changes. These developments also wrought profound changes in indigenous politics and longstanding governing institutions. David E. Wilkins' two-volume work Documents of Native American Political Development traces how indigenous peoples have maintained and continued to exercise a significant measure of self-determination contrary to presumptions that such powers had been lost, surrendered, …
A Watershed Moment In The Education Of American Indians: A Judicial Strategy To Mandate The State Of New Mexico To Meet The Unique Cultural And Linguistic Needs Of American Indians In New Mexico Public Schools, Preston Sanchez, Rebecca Blum-Martinez
A Watershed Moment In The Education Of American Indians: A Judicial Strategy To Mandate The State Of New Mexico To Meet The Unique Cultural And Linguistic Needs Of American Indians In New Mexico Public Schools, Preston Sanchez, Rebecca Blum-Martinez
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Nagwediẑk’An Gwaneŝ Gangu Ch’Inidẑed Ganexwilagh: The Fires Awakened Us: Tsilhqot’In Report On The 2017 Wildfires, Jocelyn Stacey, Crystal Verhaeghe, Emma Feltes
Nagwediẑk’An Gwaneŝ Gangu Ch’Inidẑed Ganexwilagh: The Fires Awakened Us: Tsilhqot’In Report On The 2017 Wildfires, Jocelyn Stacey, Crystal Verhaeghe, Emma Feltes
All Faculty Publications
This report documents the experiences of the Tsilhqot'in Nation during the historic 2017 wildfire season. It identifies needs and recommendations for moving forward with nation-to-nation emergency management.
America's Quiet Legacy Of Native American Voter Disenfranchisement: Prospects For Change In North Dakota After Brakebill V. Jaeger, Hannah Stambaugh
America's Quiet Legacy Of Native American Voter Disenfranchisement: Prospects For Change In North Dakota After Brakebill V. Jaeger, Hannah Stambaugh
American University Law Review
No abstract provided.
Failed Protectors: The Indian Trust And Killers Of The Flower Moon, Matthew L.M. Fletcher
Failed Protectors: The Indian Trust And Killers Of The Flower Moon, Matthew L.M. Fletcher
Michigan Law Review
Review of David Grann's Killers of the Flower Moon: The Osage Murders and the Birth of the FBI.
Waiving Federal Sovereign Immunity In Original Actions Between States, Sandra B. Zellmer
Waiving Federal Sovereign Immunity In Original Actions Between States, Sandra B. Zellmer
Faculty Law Review Articles
There are tremendous disparities between high stakes original actions between states before the US. Supreme Court, where there is no waiver of federal sovereign immunity, and other types of cases in the lower courts, where a plethora of immunity waivers allow states and other parties to seek relief from the federal government for Fifth Amendment takings, unlawful agency action, and tort claims. Federal actions or omissions are often at the heart of the dispute, and federal involvement may be crucial for purposes of providing an equitable remedy to the state parties, but there is no reliable mechanism for bringing the …
Reclaiming The Navajo Range: Resolving The Conflict Between Grazing Rights And Development, Ezra Rosser
Reclaiming The Navajo Range: Resolving The Conflict Between Grazing Rights And Development, Ezra Rosser
Scholarly Articles in Law Reviews & Journals
Grazing is fundamental to Navajo identity, yet management of the Navajo range remains highly problematic. This Essay connects the federal government's devastating livestock reduction effort of the 1930s with the inability of the Navajo Nation to place meaningful limits on grazing and the power of grazing permittees. It argues that the Navajo Nation should consider reasserting the tribe's traditional understanding that property rights depend on use as a way to create space for reservation development.
The Opioid Crisis In Indian Country: The Impact Of Tribal Jurisdiction And The Role Of The Exhaustion Doctrine, Matt Irby
American Indian Law Review
No abstract provided.
Internet Gaming On & Off Tribal Lands, Logan Blackmore
Internet Gaming On & Off Tribal Lands, Logan Blackmore
American Indian Law Review
No abstract provided.
Digging Deeper To Protect Tribal Property Interests: United States V. Osage Wind, Llc, Allison B. Christian
Digging Deeper To Protect Tribal Property Interests: United States V. Osage Wind, Llc, Allison B. Christian
American Indian Law Review
No abstract provided.
Overlooking Canon: How The Alabama Supreme Court Used A Footnote To Disregard Tribal Sovereign Immunity In Wilkes V. Pci Gaming Authority, Ridge Howell
American Indian Law Review
No abstract provided.
“Perhaps Congress Would, Perhaps Congress Should”—Why Match-E-Be-Nash-She-Wish Band Of Pottawatomi Indians V. Patchak And Carcieri V. Salazar Must Be Legislatively Overridden To Protect The Ira Trust Acquisition Authority, Kendall Mccoy
American Indian Law Review
No abstract provided.
Winner, Best Appellate Brief In The 2019 Native American Law Student Association Moot Court Competition, Chelsea Minuche, Claire Postman
Winner, Best Appellate Brief In The 2019 Native American Law Student Association Moot Court Competition, Chelsea Minuche, Claire Postman
American Indian Law Review
No abstract provided.
How The New Deal Became A Raw Deal For Indian Nations: Justice Stanley Reed And The Tee-Hit-Ton Decision On Indian Title, Kent Mcneil
American Indian Law Review
No abstract provided.
What Are The Odds? The Potential For Tribal Control Of Sports Gambling After Murphy V. Ncaa, Haley Maynard
What Are The Odds? The Potential For Tribal Control Of Sports Gambling After Murphy V. Ncaa, Haley Maynard
American Indian Law Review
No abstract provided.
Thickening The Thin Blue Line In Indian Country: Affirming Tribal Authority To Arrest Non-Indians, Alex Treiger
Thickening The Thin Blue Line In Indian Country: Affirming Tribal Authority To Arrest Non-Indians, Alex Treiger
American Indian Law Review
No abstract provided.
Tribal Sovereignty And Online Gaming: Fantasy Sports Offer Tribes What Other Games Do Not, Cody Wilson
Tribal Sovereignty And Online Gaming: Fantasy Sports Offer Tribes What Other Games Do Not, Cody Wilson
SMU Law Review
No abstract provided.