Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 6 of 6
Full-Text Articles in Law
Federal Indian Law As Method, Matthew L.M. Fletcher
Federal Indian Law As Method, Matthew L.M. Fletcher
University of Colorado Law Review
No abstract provided.
Maxwell, Lewis V. Clarke, And The Trail Around Tribal Sovereign Immunity, Allison Hester
Maxwell, Lewis V. Clarke, And The Trail Around Tribal Sovereign Immunity, Allison Hester
University of Colorado Law Review
Tribal sovereign immunity is an important tool available to American Indian tribes as they have rebuilt, restructured, and rejuvenated their communities in the era of Self- Determination following centuries of colonialism, land grabs, and cultural genocide. Sovereign immunity protects tribes by establishing a barrier to both trampling of tribal sovereignty through non-tribal courts and costly adverse judgments. Recent precedent from the Ninth Circuit has weakened tribal sovereign immunity. Maxwell v. County of San Diego, pivoting from previous decisions, held that tribal employees can be sued individually for money damages for actions taken in the course and scope of their employmentas …
Misadventures In Indian Law: The Supreme Court's Patchak Decision, Anna O'Brien
Misadventures In Indian Law: The Supreme Court's Patchak Decision, Anna O'Brien
University of Colorado Law Review
"After today, any person may sue under the Administrative Procedure Act . .. to divest the Federal Government of title to and possession of land held in trust for Indian tribes . . . so long as the complaint does not assert a personal interest in the land.' - Justice Sotomayor, dissenting in Match-E-Be-Nash- She- Wish Band of Pottawatomi Indians v. Patchak. Ever since European colonization of the Americas began in the fifteenth century, there has been friction between the new arrivals and the native inhabitants. The United States has dealt with its "Indian problem" through assimilation, reservations, and eventually, …
A Philosophy Of Hope And A Landscape Of Principle: The Legacy Of David Getches's Federal Indian Law Scholarship, Rebecca Tsosie
A Philosophy Of Hope And A Landscape Of Principle: The Legacy Of David Getches's Federal Indian Law Scholarship, Rebecca Tsosie
University of Colorado Law Review
In this essay, Professor Tsosie documents two important aspects of David Getches's work in the field of federal Indian law. First, Professor Tsosie observes that David Getches was a strong proponent of guiding principles and a consistent structure in the law. Consequently, he was one of the first scholars to observe the ways in which the contemporary Supreme Court was "remapping" the field of federal Indian law, apparently in service of the Court's commitment to states' rights and the protection of mainstream values. David noted the dangers of this "subjectivist" approach and urged a return to the foundational principles of …
Remarks Of David H. Getches: Federal Bar Association Indian Law Conference (April 7, 2011), David H. Getches
Remarks Of David H. Getches: Federal Bar Association Indian Law Conference (April 7, 2011), David H. Getches
University of Colorado Law Review
No abstract provided.
Nagpra In Colorado: A Success Story, Cecily Harms
Nagpra In Colorado: A Success Story, Cecily Harms
University of Colorado Law Review
A primary goal of the Native American Graves Protection and Repatriation Act (NAGPRA) is to correct the human rights violations committed against Native Americans from centuries of grave looting, stealing, and improper sales of cultural items. In the twenty-two years since NAGPRA's passage, the human rights foundation of the Act has been overshadowed by struggles regarding interpretation and implementation. The museums and Native American tribes of Colorado have not lost sight of NAGPRA's human rights foundation, however. Their commitment to the spirit of NAGPRA is evident in the museums' and tribes' approach to basic implementation and taking the initiative to …