Law Commons^™

Liberte, Egalite, Fraternite: The United Nations Declaration Of The Rights Of Indigenous Peoples Fails To Protect Hopi Katsinam From The Auction Block In France, Samantha K. Nikic

Brooklyn Journal of International Law

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) compels member states to take action in order to protect the rights of the world’s 370 million indigenous peoples, including the right to their cultural property. Notwithstanding the UNDRIP’s robust set of protections, its status as a nonbinding piece of international law remains its ultimate and most fatal flaw. France was an enthusiastic supporter of the UNDRIP at ratification, but has effectively abandoned their position. French auction houses and courts have allowed for sales of Native American sacred property to proceed despite the objections of the Hopi Tribe. In …

Revisiting Montana: Indian Treaty Rights And Tribal Authority Over Nonmembers On Trust Lands, Judith V. Royster

Articles, Chapters in Books and Other Contributions to Scholarly Works

In a series of cases beginning with its 1981 decision in Montana v. United States, the US. Supreme Court has diminished the civil authority of Indian tribal governments over nonmembers within the tribes' territories. Initially, the Court confined itself to hobbling tribes' inherent sovereign authority over non-tribal members only on non-Indian ('fee") lands within reservations. In 2001, however, the Court ruled for the first time that a tribe did not possess inherent jurisdiction over a lawsuit against state officers that arose on Indian ("trust') lands. What that decision, Nevada v. Hicks, means for general tribal authority over nonmembers on Indian …

The Indian Child Welfare Act's Waning Power After Adoptive Couple V. Baby Girl, Kathleena Kruck

Northwestern University Law Review

In the 1970s, state authorities began removing Indian children from their homes by the thousands and placing them into foster care, institutional housing, and with white families. To counteract this forced assimilation, Congress passed the Indian Child Welfare Act (ICWA) in 1978. The ICWA conferred many powers previously held by the states to tribal courts and created a preference for Indian children to be placed with their extended family, other members of their tribe, or other Indian families. Despite congressional efforts, the practice of removing Indian children from their homes still persists. Many states resist the ICWA through judicially created …

A Tribute To Vine Deloria, Jr.: An Indigenous Visionary, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

A Standing Rock Lakota citizen, Deloria was arguably the most intellectually gifted and articulate spokesman for Indigenous nationhood in the twentieth century. He was never quite comfortable with the notion that he was, in fact, the principal champion of tribal nations and their citizens, since he expected that each Native nation and every tribal citizen express confidence in their own distinctive identities, develop their own unique talents, and wield their collective and individual sovereignty in a way that enriched not only their own nations but all those around them as well.

For Deloria, freedom and justice could only be achieved …

The History, Status, And Future Of Tribal Self-Governance Under The Indian Self-Determination And Education Assistance Act, Geoffrey D. Strommer, Stephen D. Osborne

American Indian Law Review

This year marks the 40th anniversary of the Indian Self-Determination and Education Assistance Act of 1975 (ISDEAA), a cornerstone of modern federal Indian policy. In 1988, amendments to the ISDEAA created the Tribal Self-Governance Demonstration Project. By providing a statutory basis for the broader movement of tribal self-governance, this legislation recognized and advanced the proposition that Indian tribes can provide better governmental services to their own members than can distant federal bureaucracies. Expanded and refined in subsequent legislation in 1994 and 2000, the Self-Governance Policy has proven so successful that today over 50% of all federal Indian programs are carried …

Constitutionalism, Federal Common Law, And The Inherent Powers Of Indian Tribes, Alexander T. Skibine

American Indian Law Review

No abstract provided.

Making Indigenous Self-Determination Work: What The Nation Building Principles And Three Case Studies From Chile Teach Us About Implementing Indigenous Human Rights, Laura M. Seelau, Ryan Seelau

American Indian Law Review

No abstract provided.

“Touching The Concerns” Of Kiobel: Corporate Liability And Jurisdictional Remedies In Response To Kiobel Vs. Royal Dutch Petroleum, Chinyere Kimberly Ikegbunam

American Indian Law Review

No abstract provided.

A Tale Of Two Statutes: Zepeda And The Ninth Circuit’S Descent Into Jurisdictional Madness, Luke Emmer Miles

American Indian Law Review

No abstract provided.

Tribal Courts, Non-Indians, And The Right To An Impartial Jury After The 2013 Reauthorization Of Vawa, Cynthia Castillo

American Indian Law Review

No abstract provided.

Acknowledgment Of Supporters, Utton Center, University Of New Mexico - School Of Law

Water Matters!

List of supporters.

Editorial Tribute To Professor G. William Rice, Christine J. Jordan, Connie Tsosie De Haro

Tribal Law Journal

It is with great admiration, affection and respect that the Tribal Law Journal dedicates this issue to the memory of Professor G. William Rice. Professor Rice’s work had a wide and long-lasting impact on the Indian Law community. As legal professionals who strive to make a positive difference in the lives of Indigenous people, we can only hope to live in a way that would make Professor Rice proud. He will be dearly missed.

The Tribal Law Journal is honored to publish his last article, American Indian Children and U.S Policy in this issue.

American Indian Children And U.S. Policy, Angelique Eaglewoman (Wambdi A. Wastewin), Sisseton-Wahpeton Dakota Oyate Of The Lake Traverse Reservation, G. William Rice, United Keetoowah Band Of Cherokee Indians In Oklahoma

Tribal Law Journal

This article presents the major impact of implemented U.S. Indian policies on the lives of American Indian children. First, the article discusses U.S. policies aimed to re-socializing American Indians through imposition of external language, culture, and beliefs through a system of government-mandated education. In the late 1700s through the 1800s, the U.S. government set a course for military control over American Indian peoples. Re-socialization as an assimilation policy forced profound lifestyle and culture changes. These policies were aimed directly at American Indian children through mandatory Indian residential boarding schools. After decades of resistance, many tribal communities achieved educational reform. Assimilation …

Tribes As Innovative Environmental "Laboratories", Elizabeth Ann Kronk Warner

University of Colorado Law Review

Tribes are not vestiges of the past, but laboratories of the future. - Vine Deloria, Jr1. Indian tribes, because of their distinctive regulatory authority and significant connection to the environment, possess unique capacities to innovate within the field of environmental law in the over fifty-six million acres that make up Indian country. This Article-the first scholarly work to address this aspect of tribal environmental law advocates for the idea of tribes as "laboratories" for examining environmental regulation. Tribes enact environmental regulation by two primary means-in their capacity as "tribes as states" (TAS) and in their capacity as inherent sovereigns-both of …

Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Maori People In New Zealand, S. James Anaya

Publications

No abstract provided.

Introduction, S. James Anaya

Publications

No abstract provided.

Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In The Republic Of The Congo, S. James Anaya

Publications

No abstract provided.

Introduction To Big Horn General Stream Adjudication Symposium, Charles Wilkinson

Publications

No abstract provided.

Political Possibilities Of Reparations, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

This essay is a brief response to Gregory Alexander's article, published by Law and Social Inquiry, that generally argues against land reparations for past wrongs. This response argues that there are political reasons to leave land reparations on the table, focusing on the claims of Native American tribes.

Two Hundred Years On: A Reexamination Of The Acquisition Of Australia, Nii Lante Wallace-Bruce

Georgia Journal of International & Comparative Law

No abstract provided.

White Mountain Apache Water Rights Quantification Settlement Judgment And Decree, Superior Court Of Apache County, Az.

Native American Water Rights Settlement Project

Post- Settlement Court Decree, White Mountain Apache Water Rights Quantification Settlement Judgment and Decree, Parties: WMAT, White Mountain Apache Tribe, AZ, Arizona, USA, United States of America,, Arizona Water Company, Buckeye Irrigation Company, Buckeye Water Conservation and Drainage District, CAWDC, Central Arizona Water Conservation District, City of Avalon, City of Chandler, City of Glendale, City of Mesa, City of Peoria, City of Phoenix, City of Show Low, City of Scottsdale, City of Tempe, Town of Gilbert, RWCD, Roosevelt Water Conservation District, SRP, Salt River Project Agricultural Improvement and Power District, Salt River Valley Water Users' Association,

Quantification of WMAT rights …

Human Trafficking & Native Peoples In Oregon: A Human Rights Report, Haley Weedn, Joseph Scovel, Jason Juran

American Indian Law Journal

No abstract provided.

Sovereignty, Economic Development, And Human Security In Native American Nations, W. Gregory Guedel

American Indian Law Journal

No abstract provided.

No Tribal Court Is An Island? Citation Practices Of The Tribal Judiciary, Rose Carmen Goldberg

American Indian Law Journal

No abstract provided.

Fresh Pursuit: A Survey Of Law Among States With Large Land Based Tribes, Erin E. White

American Indian Law Journal

No abstract provided.

Beyond Blood Quantum: The Legal And Political Implications Of Expanding Tribal Enrollment, Tommy Miller

American Indian Law Journal

No abstract provided.

How The Esa Can Swallow Alaskan Tribal Sovereignty: The Story Of The Iliamna Lake Seals, Charisse Arce

American Indian Law Journal

No abstract provided.

Habitat And Harvest: The Modern Scope Of Tribal Treaty Rights To Hunt And Fish, Whitney Angell Leonard

American Indian Law Journal

No abstract provided.

Fundamentals Of Contracting By And With Indian Tribes, Michael P. O'Connell

American Indian Law Journal

No abstract provided.

Bill Williams River Water Rights Settlement Act Of 2014, United States 113th Congress

Native American Water Rights Settlement Project

To direct the Secretary of the Interior to enter into the Big Sandy River-Planet Ranch Water Rights Settlement Agreement and the Hualapai Tribe Bill Williams River Water Rights Settlement Agreement, to provide for the lease of certain land located within Planet Ranch on the Bill Williams River in the State of Arizona to benefit the Lower Colorado River Multi-Species Conservation Program, and to provide for the settlement of specific water rights claims in the Bill Williams River watershed in the State of Arizona.