Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Human rights (2)
- Indian law (2)
- Indigenous peoples (2)
- International law (2)
- Natural resources (2)
-
- Property law (2)
- Tribal law (2)
- Administrative law (1)
- Awas Tingni (1)
- Critical legal theory (1)
- Customary law (1)
- Cyberlaw (1)
- Duty to consult (1)
- Formalism (1)
- Gaming (1)
- Inter-American Commission on Human Rights (1)
- Inter-American Court of Human Rights (1)
- International human rights (1)
- Jurisprudence (1)
- Land rights (1)
- Legal history (1)
- Positivism (1)
- Postmodernism (1)
- Property rights (1)
- Public lands law (1)
- Public trust (1)
- Public trust doctrine (1)
- Realism (1)
- Religious freedoms (1)
- Sacred sites (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Divergent Discourses About International Law, Indigenous Peoples, And Rights Over Lands And Natural Resources: Toward A Realist Trend, S. James Anaya
Divergent Discourses About International Law, Indigenous Peoples, And Rights Over Lands And Natural Resources: Toward A Realist Trend, S. James Anaya
Publications
In this article renowned scholar S. James Anaya analyzes the divergent assessments of international law's treatment of indigenous peoples' demands to lands and natural resources. The author explores several strains of arguments that have been advanced within this debate, including state-centered arguments and human rights-based arguments. The author also examines the shortcomings of recurring interpretive approaches to international law that consider indigenous peoples' rights to land and resources. From this analysis the author identifies a more promising approach within the human rights framework--which he describes as a realist approach--that focuses on the confluence of values, power, and change. The author …
A Property Rights Approach To Sacred Sites Cases: Asserting A Place For Indians As Nonowners, Kristen A. Carpenter
A Property Rights Approach To Sacred Sites Cases: Asserting A Place For Indians As Nonowners, Kristen A. Carpenter
Publications
Although the Free Exercise Clause prohibits governmental interference with religion, American Indians have been unsuccessful in challenging government actions that harm tribal sacred sites located on federal public lands. The First Amendment dimensions of these cases have been well studied by scholars, but this Article contends that it is also important to analyze them through a property law lens. Indeed, the Supreme Court has treated the federal government's ownership of public lands as a basis for denying Indian religious freedoms claims. This Article contends that such holdings rely on an "ownership model" of property law wherein the rights of the …
Indigenous Peoples’ Participatory Rights In Relation To Decisions About Natural Resource Extraction: The More Fundamental Issue Of What Rights Indigenous Peoples Have In Lands And Resources, James Anaya
Publications
No abstract provided.
Recovering Homelands, Governance, And Lifeways: A Book Review Of Blood Struggle: The Rise Of Modern Indian Nations, Kristen A. Carpenter
Recovering Homelands, Governance, And Lifeways: A Book Review Of Blood Struggle: The Rise Of Modern Indian Nations, Kristen A. Carpenter
Publications
No abstract provided.
Policing The Spectrum Commons, Philip J. Weiser, Dale N. Hatfield
Policing The Spectrum Commons, Philip J. Weiser, Dale N. Hatfield
Publications
One of the most contested questions in spectrum policy is whether bands of spectrum left as unlicensed will fall victim to the tragedy of the commons. Advocates of increased unlicensed spectrum often downplay what enforcement measures are necessary to minimize interference and to prevent the tragedy of the commons problem. Even imposing spectrum etiquette requirements in addition to the FCC's equipment certification program will fail to address this concern effectively, as the development of such measures - e.g., the requirement that devices listen before they talk - does not ensure that they will be followed. Indeed, if there are incentives …