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Articles 1 - 18 of 18
Full-Text Articles in Law
Crisis? Whose Crisis?, Jack M. Beermann
Crisis? Whose Crisis?, Jack M. Beermann
Faculty Scholarship
Every moment in human history can be characterized by someone as “socially and politically charged.” For a large portion of the population of the United States, nearly the entire history of the country has been socially and politically charged, first because they were enslaved and then because they were subjected to discriminatory laws and unequal treatment under what became known as “Jim Crow.” The history of the United States has also been a period of social and political upheaval for American Indians, the people who occupied the territory that became the United States before European settlement. Although both African-Americans and …
Interpretive Sovereignty: A Research Agenda, Kristen A. Carpenter
Interpretive Sovereignty: A Research Agenda, Kristen A. Carpenter
Publications
In federal Indian law, the treaty operates as our foundational legal text. Reflecting centuries-old historical political arrangements between Indian nations and the United States, treaties remain vital legal instruments that decide dozens of legal cases each year. Yet, these treaties--originally drafted in English by the federal government, following negotiations with tribal representatives who usually spoke their own languages--present a number of ambiguities for contemporary courts. The dominant model of treaty interpretation is one in which judges interpret treaties in a manner they they believe to reflect Indians' understanding of treaty terms and, more generally, to promote the interests of Indian …
A Race Or A Nation? Cherokee National Identity And The Status Of Freedmen's Descendants, S. Alan Ray
A Race Or A Nation? Cherokee National Identity And The Status Of Freedmen's Descendants, S. Alan Ray
Michigan Journal of Race and Law
This Article examines the Cherokee Freedmen controversy to assess whether law and biology can function as sufficient models for crafting Cherokee identity at this crucial moment in the tribe's history. The author will argue that while law and biology are historically powerful frames for establishing tribal self-identity, they are inadequate to the task of determining who should enjoy national citizenship. The wise use of sovereignty, the author suggests, lies in creating a process of sustained dialogical engagement among all stakeholders in the definition of Cherokee citizenship on the question of Cherokee identity. This dialogue should ideally have been undertaken before …
A Brief History Of The U.S.-American Indian Nations Relationship, Richard B. Collins
A Brief History Of The U.S.-American Indian Nations Relationship, Richard B. Collins
Publications
No abstract provided.
Listening To All The Voices, Old And New: The Evolution Of Land Ownership In The Modern West, Charles Wilkinson
Listening To All The Voices, Old And New: The Evolution Of Land Ownership In The Modern West, Charles Wilkinson
Publications
No abstract provided.
Today's Indian Wars: Between Cyberspace And The United Nations, S. James Anaya
Today's Indian Wars: Between Cyberspace And The United Nations, S. James Anaya
Publications
No abstract provided.
Giving Up The "I": How The National Museum Of The American Indian Appropriated Tribal Voices, Whitney Kerr
Giving Up The "I": How The National Museum Of The American Indian Appropriated Tribal Voices, Whitney Kerr
American Indian Law Review
No abstract provided.
Individual Aboriginal Rights, John W. Ragsdale Jr.
Individual Aboriginal Rights, John W. Ragsdale Jr.
Michigan Journal of Race and Law
This Article will, in Section I, deal with the legal development of the concept of individual aboriginal rights. It will focus on the Western Shoshone land claims before the Indian Claims Commission, and the federal government's trespass claims against the ranching operations of the redoubtable, irrepressible Dann sisters. Section II will explore the development and utilization of the doctrine of individual aboriginal rights in a series of cases involving the Dann sisters, subsequent Western Shoshone, and other efforts by native people to secure subsistence hunting and fishing rights and possession of or access to sacred sites. Section III will explore …
Filling In The Blank Spots On Powell's And Stegner's Maps: The Role Of Modern Indian Tribes In Western Watersheds, Charles Wilkinson
Filling In The Blank Spots On Powell's And Stegner's Maps: The Role Of Modern Indian Tribes In Western Watersheds, Charles Wilkinson
Publications
No abstract provided.
The Civil Side Of Judge Parker, Morton Gitelman
The Civil Side Of Judge Parker, Morton Gitelman
Oklahoma Law Review
No abstract provided.
American Indian Influence On The United States Constitution And Its Framers, Robert J. Miller
American Indian Influence On The United States Constitution And Its Framers, Robert J. Miller
American Indian Law Review
No abstract provided.
Black Hills/White Justice: The Sioux Nation Versus The United States, Martin J. Lalonde
Black Hills/White Justice: The Sioux Nation Versus The United States, Martin J. Lalonde
Michigan Law Review
A Review of Black Hills/White Justice: The Sioux Nation Versus the United States by Edward Lazarus
To Feel The Summer In The Spring: The Treaty Fishing Rights Of The Wisconsin Chippewa, Charles F. Wilkinson
To Feel The Summer In The Spring: The Treaty Fishing Rights Of The Wisconsin Chippewa, Charles F. Wilkinson
Publications
In this Article, adapted from his Oliver Rundell Lecture delivered at the University of Wisconsin Law School in April 1990, Professor Charles Wilkinson explores the historical and contemporary conflict arising out of the Chippewa people's assertion of nineteenth century treaty fishing rights. A key to comprehending the Chippewa's position is a realization that they are governments whose sovereign rights predate the United States Constitution and are preserved in federal treaties and statutes. The Chippewa's survival as a people depends upon a recognition of their sovereign prerogatives, an understanding of their history, a respect for their dignity and a just application …
Finality In Indian Tribunal Decisions: Respecting Our Brothers' Vision, Michael M. Pacheco
Finality In Indian Tribunal Decisions: Respecting Our Brothers' Vision, Michael M. Pacheco
American Indian Law Review
No abstract provided.
The Field Of Public Land Law -- A Ten-Year Retrospective, Charles F. Wilkinson
The Field Of Public Land Law -- A Ten-Year Retrospective, Charles F. Wilkinson
Publications
No abstract provided.
Law And The American West: The Search For An Ethic Of Place, Charles F. Wilkinson
Law And The American West: The Search For An Ethic Of Place, Charles F. Wilkinson
Publications
No abstract provided.
American Indians And The Bicentennial, Richard B. Collins
American Indians And The Bicentennial, Richard B. Collins
Publications
No abstract provided.
The Law Of The Pacific Salmon Fishery: Conservation And Allocation Of A Transboundary Common Property Resource, Charles F. Wilkinson, Daniel Keith Conner
The Law Of The Pacific Salmon Fishery: Conservation And Allocation Of A Transboundary Common Property Resource, Charles F. Wilkinson, Daniel Keith Conner
Publications
No abstract provided.