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Articles 1561 - 1590 of 13888
Full-Text Articles in Law
The Native American Struggle Between Economic Growth And Cultural, Religious, And Environmental Protection: A Corporate Solution, Joseph Patterson
The Native American Struggle Between Economic Growth And Cultural, Religious, And Environmental Protection: A Corporate Solution, Joseph Patterson
Notre Dame Law Review Reflection
This Essay recommends a flexible corporate solution to Native American property rights issues.
Trust Or Bust: Complications With Tribal Trust Obligations And Environmental Sovereignty, Nadia B. Ahmad
Trust Or Bust: Complications With Tribal Trust Obligations And Environmental Sovereignty, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
The Traffic Of Native American Women, Nasrin M. Chaudhry
The Traffic Of Native American Women, Nasrin M. Chaudhry
Undergraduate Theses, Professional Papers, and Capstone Artifacts
No abstract available.
Native Youth & Juvenile Injustice In South Dakota, Addie C. Rolnick
Native Youth & Juvenile Injustice In South Dakota, Addie C. Rolnick
Scholarly Works
In this essay, Professor Rolnick uses the three themes of racism, jurisdiction, and tribal sovereignty to provide a snapshot of the juvenile justice system in South Dakota as it impacts Native youth. First, she describes the tribal juvenile justice systems in the state. She argues tribal systems should rightfully play a central role handling Native youth offenders, but they are underfunded and may not therefore be sufficiently responsive to young offenders' needs. Second, she examines the impact of federal power over youth on reservations in South Dakota. Specifically, federal juvenile jurisdiction, as well as federal financial and administrative power, can …
Beyond A Zero-Sum Federal Trust Responsibility: Lessons From Federal Indian Energy Policy, Monte Mills
Beyond A Zero-Sum Federal Trust Responsibility: Lessons From Federal Indian Energy Policy, Monte Mills
Articles
The federal government’s trust relationship with federally recognized Indian tribes is a product of the last two centuries of Federal Indian Law and federal-tribal relations. For approximately the last 50 years, the federal government has sought to promote tribal self-determination as a means to carry out its trust responsibilities to Indian tribes; but the shadows of prior federal policies, based largely on notions of tribal incompetence and federal paternalism, remain. Perhaps no other policy arena better demonstrates the history, evolution, and promise for reform of the federal trust relationship than Federal Indian energy policy, or the range of federal statutes …
The Process Of Reclaiming Tribal Sovereignty Through Healthcare Autonomy, Karolina A. Serhan
The Process Of Reclaiming Tribal Sovereignty Through Healthcare Autonomy, Karolina A. Serhan
Honors Theses
This honors thesis explores the complex interplay between health status, healthcare, and tribal sovereignty among native communities in the United States. These relationships are explored through analyzing the paradoxical and condescending nature of the Federal Trust Responsibility in relation to government-organized healthcare programs for natives. In establishing this relationship, the thesis goes on to illustrate how native communities have effectively fought to regain sovereignty through reclaiming autonomy of their healthcare systems through the use of the 1975 Indian Self-Determination and Education Assistance Act. The impact of tribal-led healthcare systems is further explored through an in-depth case study conducted regarding the …
The Global Protection Of Traditional Knowledge: Searching For The Minimum Consensus, 17 J. Marshall Rev. Intell. Prop. L. 42 (2017), Aman Gebru
UIC Review of Intellectual Property Law
The protection of traditional knowledge (TK) – the know-how, skills, innovations and practices of indigenous peoples and local communities has been a subject of heated debate in many international forums. TK has proved to be useful as an input in modern industries. For instance, pharmaceutical companies have used medicinal TK to develop drugs more quickly. Despite its value, TK faces an alarming rate of loss and there are many initiatives that attempt to preserve it for posterity. However, almost every major issue on TK protection is contentious, including whether international TK protection is necessary or if domestic legislation alone would …
Hope For Indian Tribes In The Us Supreme Court: Menominee, Nebraska V. Parker, Bryant, Dollar General … And Beyond, Bethany Berger
Hope For Indian Tribes In The Us Supreme Court: Menominee, Nebraska V. Parker, Bryant, Dollar General … And Beyond, Bethany Berger
Faculty Articles and Papers
There has long been concern that the U.S. Supreme Court is hostile to Indian tribes. Between 1990 and 2015, tribal interests lost in 76.5% of Supreme Court cases distinctly affecting them; the loss rate rose to 82% in the first decade of the Roberts Court. With four Indian law cases on the docket last year, Native communities were poised for disaster. Newspapers speculated on why tribes could not win in the Supreme Court. By the end of June 2016, however, tribal interests had lost just one case, won two, and the Court split four-four in a fourth, affirming a lower …
Indigenizing Equality, M. Alexander Pearl, Kyle Velte
Indigenizing Equality, M. Alexander Pearl, Kyle Velte
Faculty Articles
Notwithstanding the significant victories of the LGBT civil rights movement over the past 20 years, culminating in the declaration of full marriage equality in Obergefell v. Hodges, anti-LGBT sentiment generally, and anti-marriage-equality sentiment in particular, continue to run deep. One pocket of resistance is in some tribal communities. While Obergefell unequivocally resolved the problem of the “patchwork quilt” of marriage equality among the states, the problem of gaps in marriage equality among Tribal Nations has left the problem of the “patchwork quilt” intact. This article answers the question: What is the effect of federal marriage equality on the modern expression …
Finding A Path To Reconciliation: Mandatory Indigenous Law, Anishinaabe Pedagogy, And Academic Freedom, Karen Drake
Finding A Path To Reconciliation: Mandatory Indigenous Law, Anishinaabe Pedagogy, And Academic Freedom, Karen Drake
Articles & Book Chapters
The Truth and Reconciliation Commission has called on law schools in Canada to make Indigenous law a mandatory component of legal education. In its final report, the Commission provides the outline of a rationale in support of this call to action. This paper builds on that outline by grounding the Commission’s rationale in the jurisprudence on section 35(1) of the Constitution Act, 1982. Articulating a comprehensive rationale is useful for at least three reasons. First, such a rationale can underpin a response to the claim that a required Indigenous law course lacks value for those students who do not intend …
Who Owns Our Ancestors' Voices? Tribal Claims To Pre-72 Sound Recordings, Trevor Reed
Who Owns Our Ancestors' Voices? Tribal Claims To Pre-72 Sound Recordings, Trevor Reed
Kernochan Center for Law, Media, and the Arts
A familiar story is told in Indian Country: a researcher arrives on a Native American reservation and begins recording ceremonial songs and oral histories; years later tribal members find, often to their horror, that these sensitive materials are available for sale, download, or streaming to the public. This scenario aptly describes the life of numerous sound recordings made on federally recognized Indian reservations prior to 1972, whose ownership status remains uninterrogated due to the complex overlap and ambiguities of copyright and federal Indian law. Yet recently, owing to an increased sense of self-determination and autonomy, Native American tribes have begun …
The Door Has A Tendency To Swing Shut: The Saga Of Aboriginal Peoples' Equality Claims, Naiomi Metallic
The Door Has A Tendency To Swing Shut: The Saga Of Aboriginal Peoples' Equality Claims, Naiomi Metallic
Articles, Book Chapters, & Popular Press
This paper tracks the history of Aboriginal peoples' equality complaints against the state. From the time Aboriginal people started to bring discrimination complaints before the courts, there have been significant obstacles that have operated to effectively — and sometimes even explicitly — prevent Aboriginal peoples from advancing pressing discrimination complaints against governments. Although there have been changes made in the law over time to attempt to eliminate such barriers, what we see is a pattern where new obstacles crop up to replace the old ones. Over and over, Aboriginal peoples see the door to equality open up only to have …
Consult, Consent, And Veto: International Norms And Canadian Treaties, Shin Imai
Consult, Consent, And Veto: International Norms And Canadian Treaties, Shin Imai
Articles & Book Chapters
Large parts of Canada, from Ontario to parts of British Columbia and north to the Northwest Territories, are covered by the “numbered treaties”, signed between First Nations and the Crown between 1871 and 1929. These treaties provide for the continuation of Indigenous hunting, fishing and harvesting activities until the land is “taken up” by the provincial Crown for activities such as mining, lumbering and settlement. This draft book chapter argues that consent of First Nations should be required before further development that impact on their harvesting rights. The consent standard has already been widely adopted in the private sector both …
Traditional Problems: Gay Marriage And The Backlash Against Indian Sovereignty, Marcia A. Yablon-Zug
Traditional Problems: Gay Marriage And The Backlash Against Indian Sovereignty, Marcia A. Yablon-Zug
Faculty Publications
No abstract provided.
Affirming A Pragmatic Development Of Tribal Jurisprudential Principles, Todd R. Matha
Affirming A Pragmatic Development Of Tribal Jurisprudential Principles, Todd R. Matha
Mitchell Hamline Law Review
No abstract provided.
“Animals May Take Pity On Us”: Using Traditional Tribal Beliefs To Address Animal Abuse And Family Violence Within Tribal Nations, Sarah Deer, Liz Murphy
“Animals May Take Pity On Us”: Using Traditional Tribal Beliefs To Address Animal Abuse And Family Violence Within Tribal Nations, Sarah Deer, Liz Murphy
Mitchell Hamline Law Review
No abstract provided.
Traditional Problems: How Tribal Same-Sex Marriage Bans Threaten Tribal Sovereignty, Marcia Zug
Traditional Problems: How Tribal Same-Sex Marriage Bans Threaten Tribal Sovereignty, Marcia Zug
Mitchell Hamline Law Review
No abstract provided.
Close To Zero: The Reliance On Minimum Blood Quantum Requirements To Eliminate Tribal Citizenship In The Allotment Acts And The Post-Adoptive Couple Challenges To The Constitutionality Of Icwa, Abi Fain, Mary Kathryn Nagle
Close To Zero: The Reliance On Minimum Blood Quantum Requirements To Eliminate Tribal Citizenship In The Allotment Acts And The Post-Adoptive Couple Challenges To The Constitutionality Of Icwa, Abi Fain, Mary Kathryn Nagle
Mitchell Hamline Law Review
No abstract provided.
Explaining The Modernized Leasing And Right-Of-Way Regulations For Indian Lands, Kevin Washburn, Jody Cummings
Explaining The Modernized Leasing And Right-Of-Way Regulations For Indian Lands, Kevin Washburn, Jody Cummings
Faculty Scholarship
The Obama Administration enacted significant reforms to the regulatory rules governing federal leasing and right of way approvals across tribal lands in Parts 162 and 169 of the Indian title of the federal regulations. These reforms had many aims. They sought to improve the environment for economic development on Indian reservations by speeding regulatory approvals, increasing predictability (by, in part, narrowing agency discretion), and increasing deference to tribal governmental decisions. The reforms sought to help tribal governments capture economic value that had previously been denied them, for example, by preventing so called "piggybacking" on pre-existing rights of way and clarifying …
Métis Action, Canadian Law And Historical Research: Preliminary Thoughts About Strategies For Current Efforts, Signa A. Daum Shanks
Métis Action, Canadian Law And Historical Research: Preliminary Thoughts About Strategies For Current Efforts, Signa A. Daum Shanks
Articles & Book Chapters
Given the chatter and more substantive concern about Indigenous peoples as of late, many different people and institutions are both recalling what they have done (or have not done) in the past and what they will do next. While they do so, and evident in comments from everyone from the Prime Minister (Trudeau 2015) to a rally protester, the subject of how to move forward is also of issue. Within these conversations, non-Indigenous places and peoples have contributed much to the knowledge used to make more informed decisions (Eberts 2014; Slattery 2007). At the same time, Indigenous researchers and activists …
Taking It To The Bank: Creating A New Constitutional Standard And Using Blue Carbon Banking To Compensate The Miccosukee Tribe For The Federal "Taking" Of Their Tribal Lands, Amy Judkins
Florida A & M University Law Review
The typical remedy for a property owner whose property interests have been diminished from government regulations—as is the case with the federal government's regulation of the Miccosukee's tribal lands—would be compensation sought under the Fifth Amendment of the United States Constitution. The last clause of the Fifth Amendment— the Takings Clause—provides that "private property [shall not] be taken for public use, without just compensation." The Supreme Court has explained that the purpose of the Takings Clause is to prevent the government from "forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by …
Responsible Resource Development And Prevention Of Sex Trafficking: Safeguarding Native Women And Children On The Fort Berthold Reservation, Kathleen Finn, Erica Gajda, Thomas Perin, Carla Fredericks
Responsible Resource Development And Prevention Of Sex Trafficking: Safeguarding Native Women And Children On The Fort Berthold Reservation, Kathleen Finn, Erica Gajda, Thomas Perin, Carla Fredericks
Publications
In 2010, large deposits of oil and natural gas were found in the Bakken shale formation, much of which is encompassed by the Fort Berthold Indian reservation, home to the Mandan, Hidatsa, and Arikara Nation (“MHA Nation” or “Three Affiliated Tribes” or “the Tribe”). However, rapid oil and gas development has brought an unprecedented rise of violent crime on and near the Fort Berthold reservation. Specifically, the influx of well-paid male oil and gas workers, living in temporary housing often referred to as “man camps,” has coincided with a disturbing increase in sex trafficking of Native women. The social risks …
Property And Sovereignty: An Indian Reserve And A Canadian City, Douglas C. Harris
Property And Sovereignty: An Indian Reserve And A Canadian City, Douglas C. Harris
All Faculty Publications
Property rights, wrote Morris Cohen in 1927, are delegations of sovereign power. They are created by the state and operate to establish limits on its power. As such, the allocation of property rights is an exercise of sovereignty and a limited delegation of it. Sixty years later, Joseph Singer used Cohen’s conceptual framing in a critical review of developments in American Indian law. Where the US Supreme Court had the opportunity to label an American Indian interest as either a sovereign interest or a property interest, he argued, it invariably chose to the disadvantage of the Indians. Within Canada, Indigenous …
They Were Here First: American Indian Tribes, Race, And The Constitutional Minimum, Sarah Krakoff
They Were Here First: American Indian Tribes, Race, And The Constitutional Minimum, Sarah Krakoff
Publications
In American law, Native nations (denominated in the Constitution and elsewhere as “tribes”) are sovereigns with a direct relationship with the federal government. Tribes’ governmental status situates them differently from other minority groups for many legal purposes, including equal protection analysis. Under current equal protection doctrine, classifications that further the federal government’s unique relationship with tribes and their members are subject to rationality review. Yet this deferential approach has recently been subject to criticism and is currently being challenged in the courts. Swept up in the larger drift toward colorblind or race-neutral understandings of the Constitution, advocates and commentators are …
Mega Sporting Events Procedures And Human Rights: Developing An Inclusive Framework, Abby Meaders Henderson
Mega Sporting Events Procedures And Human Rights: Developing An Inclusive Framework, Abby Meaders Henderson
American Indian Law Review
No abstract provided.
Tribal Sovereignty And The Recognition Power, Lance F. Sorenson
Tribal Sovereignty And The Recognition Power, Lance F. Sorenson
American Indian Law Review
No abstract provided.
Twenty-Five Years Later: The Amendments To The National Historic Preservation Act And Tribal Consultation, Brody Hinds
Twenty-Five Years Later: The Amendments To The National Historic Preservation Act And Tribal Consultation, Brody Hinds
American Indian Law Review
No abstract provided.
Foreign-Trade Zones In Indian County: Is A Foreign-Trade Zone Right For Your Tribe?, Jacob Laughlin
Foreign-Trade Zones In Indian County: Is A Foreign-Trade Zone Right For Your Tribe?, Jacob Laughlin
American Indian Law Review
No abstract provided.
[Introduction To] Dismembered: Native Disenrollment And The Battle For Human Rights, David E. Wilkins, Shelly Hulse Wilkins
[Introduction To] Dismembered: Native Disenrollment And The Battle For Human Rights, David E. Wilkins, Shelly Hulse Wilkins
Bookshelf
While the number of federally recognized Native nations in the United States are increasing, the population figures for existing tribal nations are declining. This depopulation is not being perpetrated by the federal government, but by Native governments that are banishing, denying, or disenrolling Native citizens at an unprecedented rate. Since the 1990s, tribal belonging has become more of a privilege than a sacred right. Political and legal dismemberment has become a national phenomenon with nearly eighty Native nations, in at least twenty states, terminating the rights of indigenous citizens.
The first comprehensive examination of the origins and significance of tribal …
Foreword: A ‘Coyote Warrior’ And The ‘Great Paradoxes,’ The Scholarship Of Professor Raymond Cross, Monte Mills
Foreword: A ‘Coyote Warrior’ And The ‘Great Paradoxes,’ The Scholarship Of Professor Raymond Cross, Monte Mills
Articles
This Foreword to the Public Land and Resources Law Review special issue republishing and celebrating the scholarship of Professor Raymond Cross provides a context and framework for understanding and appreciating the issue's articles. The Foreword reviews Professor Cross' legacy of work as a tribal attorney on behalf of the Three Affiliated Tribes (Mandan, Hidatsa, and Arikara) of the Fort Berthold Reservation and discusses the important contributions his scholarly work continue to make to the field of Federal Indian Law. As noted at the conclusion of the Foreword, "[i]t is a true honor to introduce and present some of his important …