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Friend. Foe, Frenemy: The United States And American Indian Religious Freedom, Allison M. Dussias
Friend. Foe, Frenemy: The United States And American Indian Religious Freedom, Allison M. Dussias
Allison M Dussias
FRIEND, FOE, FRENEMY:
THE UNITED STATES AND AMERICAN INDIAN RELIGIOUS FREEDOM
Allison M. Dussias,
New England Law|Boston
In 1990, the Supreme Court decided Employment Division v. Smith, in which the Court concluded that a claim that a neutral and generally applicable criminal law burdens religious conduct need not be evaluated under the compelling governmental interest test set out by the Court in Sherbert v. Verner (1963). The Court relied on two recently decided cases, Bowen v. Roy (1986) and Lyng v. Northwest Indian Cemetery Protective Association (1988). All three of these cases rejected Free Exercise claims brought by American Indians. …
Spirit Food And Sovereignty: Pathways For Protecting Indigenous Peoples' Subsistence Rights, Allison M. Dussias
Spirit Food And Sovereignty: Pathways For Protecting Indigenous Peoples' Subsistence Rights, Allison M. Dussias
Allison M Dussias
Abstract: SPIRIT FOOD AND SOVEREIGNTY: PATHWAYS FOR PROTECTING INDIGENOUS PEOPLES’ SUBSISTENCE RIGHTS
By Professor Allison M. Dussias
This article examines three pathways recently followed by Native American tribes and other Native communities in seeking protection of their rights to culturally valuable and legally protected subsistence resources – wild, renewable resources on which Native peoples have traditionally relied to sustain themselves. They have pursued their claims not only through litigation in U.S. courts, but also through claims to international bodies and through the regulatory process. The sources of law and rights on which they have relied as they followed these different …