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Articles 1501 - 1530 of 13888
Full-Text Articles in Law
Indigenous Autonomy In Colombia: State-Building Processes And Multiculturalism, Pablo Rueda-Saiz
Indigenous Autonomy In Colombia: State-Building Processes And Multiculturalism, Pablo Rueda-Saiz
Articles
This article shows a novel facet in the complex relation between multiculturalism, the state and the market. Contrary to conventional theories in political science, sociology and anthropology, it shows that it is not just the success, but also the failure of the state and the market to commoditise nature and turn it into property that can actually help to foster ethnic identity. While state-driven market incentives to expand the agricultural frontier in Colombia during the 1960s and 1970s failed, they did help to foster differentiated indigenous identities and organisations, which converged around the revival of long-forgotten nineteenth century indigenous laws …
Justice Scalia And Tonto Fistfight In Heaven, Ray Martin
Justice Scalia And Tonto Fistfight In Heaven, Ray Martin
American Indian Law Journal
No abstract provided.
Tribal Sovereignty And Tobacco Control In State-Tribe Cigarette Compacts, Arielle Sloan
Tribal Sovereignty And Tobacco Control In State-Tribe Cigarette Compacts, Arielle Sloan
BYU Law Review
Compacts are powerful legal tools that states and tribes can use to negotiate agreements. One of the most interesting examples of state-tribe compacts is the cigarette compact, which is useful in combating the illicit cigarette trade. This Note argues that tribal leaders and states can more effectively reach this goal by (1) recognizing tribal sovereignty in and (2) keeping tobacco control at the heart of compact discussions.
The Master's Tools: Tribal Sovereignty And Tribal Self-Governance Contracting/Compacting, Danielle Delaney
The Master's Tools: Tribal Sovereignty And Tribal Self-Governance Contracting/Compacting, Danielle Delaney
American Indian Law Journal
No abstract provided.
Improving Native American Tribes’ Voice In International Climate Change Negotiations, Jin Hyung Lee
Improving Native American Tribes’ Voice In International Climate Change Negotiations, Jin Hyung Lee
American Indian Law Journal
No abstract provided.
No Connection: The Issue Of Internet On The Reservation, Emily S. Donnellan
No Connection: The Issue Of Internet On The Reservation, Emily S. Donnellan
American Indian Law Journal
No abstract provided.
Case Law On American Indians: August 2015—August 2016, Thomas P. Schlosser
Case Law On American Indians: August 2015—August 2016, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
Swinomish Indian Tribal Community V. Bnsf Railway Co. And Its Effect On Litigation Challenging Bia’S New Rights-Of-Way Regulations, Kaelen Brodie
Swinomish Indian Tribal Community V. Bnsf Railway Co. And Its Effect On Litigation Challenging Bia’S New Rights-Of-Way Regulations, Kaelen Brodie
American Indian Law Journal
No abstract provided.
Icra Habeas Corpus Relief: A New Habeas Jurisprudence For The Post-Oliphant World?, Hunter Cox
Icra Habeas Corpus Relief: A New Habeas Jurisprudence For The Post-Oliphant World?, Hunter Cox
American Indian Law Journal
No abstract provided.
Imaginary Lines, Real Consequences: The Effect Of The Militarization Of The United States-Mexico Border On Indigenous Peoples, Joseph Kowalski
Imaginary Lines, Real Consequences: The Effect Of The Militarization Of The United States-Mexico Border On Indigenous Peoples, Joseph Kowalski
American Indian Law Journal
No abstract provided.
Making It Work: Tribal Innovation, State Reaction, And The Future Of Tribes As Regulatory Laboratories, Katherine Florey
Making It Work: Tribal Innovation, State Reaction, And The Future Of Tribes As Regulatory Laboratories, Katherine Florey
Washington Law Review
This Article examines a growing phenomenon: even as the Supreme Court has steadily contracted the scope of tribes’ regulatory authority, many tribes have in recent years passed innovative laws and ordinances, often extending well beyond any comparable initiatives at the state or local level. Recently, for example, the Navajo Nation passed a comprehensive taxation scheme designed to discourage the consumption of unhealthy food items and to subsidize the purchase of healthy ones—a scheme far more ambitious than the soda tax efforts that have stalled in many cities and states. Likewise, amid national controversy over marijuana legalization, the Flandreau Santee Sioux …
Tribal Jurisdiction—A Historical Bargain, Matthew L.M. Fletcher, Leah Jurss
Tribal Jurisdiction—A Historical Bargain, Matthew L.M. Fletcher, Leah Jurss
Maryland Law Review
No abstract provided.
Untangling The Court’S Sovereignty Doctrine To Allow For Greater Respect Of Tribal Authority In Addressing Domestic Violence, Lauren Oppenheimer
Untangling The Court’S Sovereignty Doctrine To Allow For Greater Respect Of Tribal Authority In Addressing Domestic Violence, Lauren Oppenheimer
Maryland Law Review
No abstract provided.
Traditional Ecological Disclosure: How The Freedom Of Information Act Frustrates Tribal Natural Resource Consultation With Federal Agencies, Sophia E. Amberson
Traditional Ecological Disclosure: How The Freedom Of Information Act Frustrates Tribal Natural Resource Consultation With Federal Agencies, Sophia E. Amberson
Washington Law Review
When a federal or state agency administers environmental laws, such as the Endangered Species Act, the agency often consults with tribes. During these consultations, tribes often disseminate traditional ecological knowledge (TEK)—knowledge acquired by a tribe that is a mix of environmental ethics and scientific knowledge about tribal use. However, these consultations may be susceptible to disclosure under the Freedom of Information Act (FOIA). The purpose of FOIA is to inform the public. Because TEK often contains sensitive information about tribal social, cultural, psychological, and economic factors, tribes do not want this information available to those who are not members of …
Land Regime Choice In Close-Knit Communities: The Case Of The First Nations Land Management Act, Malcolm Lavoie, Moira Lavoie
Land Regime Choice In Close-Knit Communities: The Case Of The First Nations Land Management Act, Malcolm Lavoie, Moira Lavoie
Osgoode Hall Law Journal
Land interests on Canadian First Nations reserves have long been governed by the rigid and paternalistic provisions of the federal Indian Act, which require the permission of the federal Minister of Indigenous Affairs for even relatively minor land transactions. Yet an increasing number of First Nations have taken advantage of the 1999 First Nations Land Management Act (FNLMA), which allows First Nations to adopt a custom land code that replaces most of the reserve land provisions of the Indian Act in their community. This paper seeks to examine how First Nation communities have chosen to exercise their powers under this …
Tsirik - Fold The Leaves So That Others May Be Guided: A Study Of How The Bribri Women Are Preserving Their Culture To Ensure A Sustainable Future For Their Community, Emily R. Blau
Capstone Collection
Bananas are one of Costa Rica’s largest exports, along with coffee, palm oil, and cocoa. The banana plantations are large-scale, are most often run by multinational companies, and are considered to be run as enclave economies (Equal Exchange, 2016). This monoculture crop production has been globally accused of human rights abuses said to include, but not be limited to, violating the rights of indigenous people and loss in culture and tradition. For this paper, I studied the effects that large-scale agricultural corporations have on the BriBri, a matriarchal and indigenous group who live on the Caribbean coast of Costa Rica. …
Respecting The “Guardians Of Nature:” Chile’S Violations Of The Diaguita Indigenous People’ Environmental And Human Rights And The Need To Enforce Obligations To Obtain Free, Prior, And Informed Consent, Cynthia Vel
American Indian Law Journal
No abstract provided.
Preservation Over Profits: The Conflicting Interest Of Hickory Ground And Exploring Options For Preserving The Sacred Parcel, Ashley Ray
American Indian Law Journal
No abstract provided.
A Voice In The Storm: Tribal Consultation In The Wake Of The Sandy Recovery Improvement Act Of 2013, Elizabeth S. Leemon
A Voice In The Storm: Tribal Consultation In The Wake Of The Sandy Recovery Improvement Act Of 2013, Elizabeth S. Leemon
American Indian Law Journal
No abstract provided.
“Give Them A Dam Break!” Protecting The Ngäbe Buglé Community Of Panama With Clean Development Mechanism Safeguards To Promote Culturally Sensitive Development, Cindy Campbell
American Indian Law Journal
No abstract provided.
Tribal Trustees In Climate Crisis, Mary Christina Wood
Tribal Trustees In Climate Crisis, Mary Christina Wood
American Indian Law Journal
No abstract provided.
August 2012 – August 2013 Case Law On American Indians, Thomas P. Schlosser
August 2012 – August 2013 Case Law On American Indians, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
I’Ll Take The Benefits If You Pay The Costs: Weighing The Equities Of Public And Private Funding Sources For Hydroelectric Dam Decommissioning, Dominique R. Scalia
I’Ll Take The Benefits If You Pay The Costs: Weighing The Equities Of Public And Private Funding Sources For Hydroelectric Dam Decommissioning, Dominique R. Scalia
American Indian Law Journal
No abstract provided.
Tribal Family Law Clients: A Practitioner’S Guide To Best Serve Your Client In Child Support Proceedings, Jerry Ford
Tribal Family Law Clients: A Practitioner’S Guide To Best Serve Your Client In Child Support Proceedings, Jerry Ford
American Indian Law Journal
No abstract provided.
The Jay Treaty Free Passage Right In Theory And Practice, Caitlin C.M. Smith
The Jay Treaty Free Passage Right In Theory And Practice, Caitlin C.M. Smith
American Indian Law Journal
No abstract provided.
Defining The Contours Of The Infringement Test In Cases Involving The State Taxation Of Non-Indians A Half-Century After Williams V. Lee, Nathan Quigley
Defining The Contours Of The Infringement Test In Cases Involving The State Taxation Of Non-Indians A Half-Century After Williams V. Lee, Nathan Quigley
American Indian Law Journal
No abstract provided.
Sovereignty, Safety, And Security: Tribal Governments Under The Stafford And Homeland Security Acts, Heidi K. Adams
Sovereignty, Safety, And Security: Tribal Governments Under The Stafford And Homeland Security Acts, Heidi K. Adams
American Indian Law Journal
No abstract provided.
Of Whaling, Judicial Fiats, Treaties And Indians: The Makah Saga Continues, Jeremy Stevens
Of Whaling, Judicial Fiats, Treaties And Indians: The Makah Saga Continues, Jeremy Stevens
American Indian Law Journal
No abstract provided.
“Indians, In A Jurisdictional Sense”: Tribal Citizenship And Other Forms Of Non-Indian Consent To Tribal Criminal Jurisdiction, Paul Spruhan
“Indians, In A Jurisdictional Sense”: Tribal Citizenship And Other Forms Of Non-Indian Consent To Tribal Criminal Jurisdiction, Paul Spruhan
American Indian Law Journal
No abstract provided.
Tribal Supreme Court Project: Ten Year Report, Richard Guest
Tribal Supreme Court Project: Ten Year Report, Richard Guest
American Indian Law Journal
No abstract provided.