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Full-Text Articles in Law
Remedying The Insular Cases: Providing Tribal Sovereignty To Unincorporated Territories To Ensure Constitutional Rights For All U.S. Nationals And Citizens, Allison Ripple
William & Mary Bill of Rights Journal
This Note will focus on the Supreme Court’s decisions in the Insular Cases to demonstrate the origins of denying jus soli citizenship to those born in unincorporated territories and to analyze its direct contradiction to the Fourteenth Amendment and other Supreme Court decisions. It will argue that the Court’s decisions in the Insular Cases were influenced by colonial rule and rooted in racism. Furthermore, this Note will argue that because of these influences, the continued application of the Insular Cases by Congress and the Supreme Court to deny constitutional rights for U.S. nationals and citizens born in unincorporated territories violates …
A Study Of Tribal Communication Frameworks: Some Approaches To Building Partnerships Between Tribal, State, And Local Governments In Virginia, Karly Newcomb, Abigail Sisti
A Study Of Tribal Communication Frameworks: Some Approaches To Building Partnerships Between Tribal, State, And Local Governments In Virginia, Karly Newcomb, Abigail Sisti
Virginia Coastal Policy Center
This paper discusses options the Commonwealth could consider when evaluating decision-making processes that affect tribes in Virginia, with the goal of improving communication and collaboration between tribal, state, and local governments; and will highlight key case studies from other states and localities that provide precedents. The following options are based on a framework of free, prior, and informed consent, which emphasizes self-determination and an individual right to pursue economic, social, and cultural development. This framework can be applied to decision making and projects for any topic. Moving forward, government-to-government communication will be key to developing solutions to pressing issues such …
Tribal Communities And State And Local Governments: Existing Relationships, Mikayla Mangle
Tribal Communities And State And Local Governments: Existing Relationships, Mikayla Mangle
Virginia Coastal Policy Center
Tribal and state/local governments have maintained a unique and crucial relationship throughout the United States’ history. Today, state and federally recognized Tribes sometimes face obstacles when attempting to implement projects due to state or local government opposition and vice versa. Federally recognized Tribes are sovereign, self-governing entities on equal footing with state governments. State recognized tribes, on the other hand, may not be equal to state governments, depending on the state laws regarding tribal state recognition. State recognized tribes do not have the same benefits as federally recognized tribes in that the tribe’s status is recognized by the state but …