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Articles 1 - 10 of 10

Full-Text Articles in Law

A Revisionist History Of Indian Country, Joseph D. Matal Dec 1997

A Revisionist History Of Indian Country, Joseph D. Matal

Alaska Law Review

No abstract provided.


Warrantless Searches For Alcohol By Native Alaskan Villages: A Permissible Exercise Of Sovereign Rights Or An Assault On Civil Liberties?, Pat Hanley Dec 1997

Warrantless Searches For Alcohol By Native Alaskan Villages: A Permissible Exercise Of Sovereign Rights Or An Assault On Civil Liberties?, Pat Hanley

Alaska Law Review

No abstract provided.


Indian Country And Inherent Tribal Authority: Will They Survive Ancsa?, Marilyn J. Ward Ford Dec 1997

Indian Country And Inherent Tribal Authority: Will They Survive Ancsa?, Marilyn J. Ward Ford

Alaska Law Review

No abstract provided.


Alaska V. Native Village Of Venetie: Statutory Construction Or Judicial Usurpation? Why History Counts, Donald Craig Mitchell Dec 1997

Alaska V. Native Village Of Venetie: Statutory Construction Or Judicial Usurpation? Why History Counts, Donald Craig Mitchell

Alaska Law Review

No abstract provided.


The Trust Doctrine In Federal Indian Law: A Look At Its Development And How Its Analysis Under Social Contract Theory Might Expand Its Scope, Janice Aitken Nov 1997

The Trust Doctrine In Federal Indian Law: A Look At Its Development And How Its Analysis Under Social Contract Theory Might Expand Its Scope, Janice Aitken

Northern Illinois University Law Review

This article explores the continuing legal relationship between American Indians and the federal government of the United States. Namely, the battle over controlling internal tribal affairs. The history of that relationship has developed out of tensions over two doctrines the "plenary" power doctrine and the "trust" doctrine. The author reviews the possibility of expanding the scope of the trust doctrine based upon the application of a Social Contract Theory. Finally, the implications of such a theory are also discussed.


Speaking To Tribal Judges On The Matter Of Improving Children's Court Practice In Child Abuse And Neglect Cases In Our Country: A Proposal For A Uniform Children's Code, Julian D. Pinkham Oct 1997

Speaking To Tribal Judges On The Matter Of Improving Children's Court Practice In Child Abuse And Neglect Cases In Our Country: A Proposal For A Uniform Children's Code, Julian D. Pinkham

University of Michigan Journal of Law Reform

Since the 1970 the responsibilities of the tribal children's courts have increased dramatically. In child welfare case tribal courts no longer simply determine whether a child has been abused or neglected. They now also oversee the placement of the child in a shelter, foster care, or a permanent home, as well as determine the parent's treatment or visitation rights The complexity of the cases causes unacceptable delays in placing Indian children in need of care and hinders the placement of Indian children within the tribal community.

Judge Pinkham introduces a proposed solution to the problems of current tribal child welfare …


Nativeamericans And The Vaccine Act: Excluding Those We Found Here , James D. Leach Aug 1997

Nativeamericans And The Vaccine Act: Excluding Those We Found Here , James D. Leach

American University Law Review

No abstract provided.


Putting Martinez To The Test: Tribal Court Disposition Of Due Process, Christian M. Freitag Jul 1997

Putting Martinez To The Test: Tribal Court Disposition Of Due Process, Christian M. Freitag

Indiana Law Journal

No abstract provided.


Providing For The Health Care Needs Of Native Americans: Policy, Programs, Procedures, And Practices, Rose L. Pfefferbaum, Betty Pfefferbaum, Everett R. Rhoades, Rennard J. Strickland Jan 1997

Providing For The Health Care Needs Of Native Americans: Policy, Programs, Procedures, And Practices, Rose L. Pfefferbaum, Betty Pfefferbaum, Everett R. Rhoades, Rennard J. Strickland

American Indian Law Review

No abstract provided.


Adjudication In Indian Country: The Confusing Parameters Of State, Federal, And Tribal Jurisdiction, Laurie Reynolds Jan 1997

Adjudication In Indian Country: The Confusing Parameters Of State, Federal, And Tribal Jurisdiction, Laurie Reynolds

William & Mary Law Review

No abstract provided.