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Articles 1 - 30 of 43
Full-Text Articles in Law
A Hell Of A Complex: The Miscarriages Of The Federal Hydropower Licensing Regime, Derek Red Arrow Frank
A Hell Of A Complex: The Miscarriages Of The Federal Hydropower Licensing Regime, Derek Red Arrow Frank
American Indian Law Journal
What you are about to read is an illustration of systemic racism. Systemic racism is the current effects of statutes and policies developed through a singular and racially-charged narrative. The current hydropower relicensing regime fails to acknowledge the overarching Treaty-reserved rights of American Indian tribes while statutorily granting state and federal authorities the power to prescribe mandatory conditions on hydropower projects. This fact remains constant whether the hydropower project is within or outside a tribe’s reservation or aboriginal territory. Specifically, the Hells Canyon Complex, which rests along the Snake River, has had and continues to have enormous impacts on fisheries …
Indian Sovereignty, General Federal Laws, And The Canons Of Construction: An Overview And Update, Bryan H. Wildenthal
Indian Sovereignty, General Federal Laws, And The Canons Of Construction: An Overview And Update, Bryan H. Wildenthal
American Indian Law Journal
No abstract provided.
The Sioux's Suits: Global Law And The Dakota Access Pipeline, Stephen Young
The Sioux's Suits: Global Law And The Dakota Access Pipeline, Stephen Young
American Indian Law Journal
The Sioux Tribe’s lawsuits and protests against the Dakota Access Pipelines (DAPL) received an incredible amount of international attention in ways that many Indigenous peoples’ protests have not. This article argues that attention exists because the Sioux Tribe has been at the epicenter of the Indigenous peoples’ rights movement in international law. Accordingly, they have invoked or claimed international human rights—particularly free, prior, and informed consent (FPIC)— to complicate, and perhaps destabilize, the DAPL’s development. However, the importance of their activism is not merely in claiming human rights.
Based upon a global map of law that involves multiple and overlapping …
Conservation Easements: A Flexible New Tool For Washington Tribes, A Case Study Of The Lower Elwha Klallam Tribe, David P. Papiez
Conservation Easements: A Flexible New Tool For Washington Tribes, A Case Study Of The Lower Elwha Klallam Tribe, David P. Papiez
American Indian Law Journal
No abstract provided.
By Any Means: How One Federal Agency Is Turning Tribal Sovereignty On Its Head, Clifton Cottrell
By Any Means: How One Federal Agency Is Turning Tribal Sovereignty On Its Head, Clifton Cottrell
American Indian Law Journal
No abstract provided.
Beyond A Zero-Sum Federal Trust Responsibility: Lessons From Federal Indian Energy Policy, Monte Mills
Beyond A Zero-Sum Federal Trust Responsibility: Lessons From Federal Indian Energy Policy, Monte Mills
American Indian Law Journal
The federal government’s trust relationship with federally- recognized Indian tribes is a product of the last two centuries of Federal Indian Law and federal-tribal relations. For approximately the last 50 years, the federal government has sought to promote tribal self-determination as a means to carry out its trust responsibilities to Indian tribes; but the shadows of prior federal policies, based largely on notions of tribal incompetence and federal paternalism, remain. Perhaps no other policy arena better demonstrates the history, evolution, and promise for reform of the federal trust relationship than Federal Indian energy policy, or the range of federal statutes …
Solution Before Pollution: Mining And International Transboundary Rivers In Southeast Alaska, Britany Kee’ Ya Aa. Lindley
Solution Before Pollution: Mining And International Transboundary Rivers In Southeast Alaska, Britany Kee’ Ya Aa. Lindley
American Indian Law Journal
No abstract provided.
Swinomish Indian Tribal Community V. Bnsf Railway Co. And Its Effect On Litigation Challenging Bia’S New Rights-Of-Way Regulations, Kaelen Brodie
Swinomish Indian Tribal Community V. Bnsf Railway Co. And Its Effect On Litigation Challenging Bia’S New Rights-Of-Way Regulations, Kaelen Brodie
American Indian Law Journal
No abstract provided.
Improving Native American Tribes’ Voice In International Climate Change Negotiations, Jin Hyung Lee
Improving Native American Tribes’ Voice In International Climate Change Negotiations, Jin Hyung Lee
American Indian Law Journal
No abstract provided.
Justice Scalia And Tonto Fistfight In Heaven, Ray Martin
Justice Scalia And Tonto Fistfight In Heaven, Ray Martin
American Indian Law Journal
No abstract provided.
No Connection: The Issue Of Internet On The Reservation, Emily S. Donnellan
No Connection: The Issue Of Internet On The Reservation, Emily S. Donnellan
American Indian Law Journal
No abstract provided.
Icra Habeas Corpus Relief: A New Habeas Jurisprudence For The Post-Oliphant World?, Hunter Cox
Icra Habeas Corpus Relief: A New Habeas Jurisprudence For The Post-Oliphant World?, Hunter Cox
American Indian Law Journal
No abstract provided.
Case Law On American Indians: August 2015—August 2016, Thomas P. Schlosser
Case Law On American Indians: August 2015—August 2016, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
Imaginary Lines, Real Consequences: The Effect Of The Militarization Of The United States-Mexico Border On Indigenous Peoples, Joseph Kowalski
Imaginary Lines, Real Consequences: The Effect Of The Militarization Of The United States-Mexico Border On Indigenous Peoples, Joseph Kowalski
American Indian Law Journal
No abstract provided.
The Master's Tools: Tribal Sovereignty And Tribal Self-Governance Contracting/Compacting, Danielle Delaney
The Master's Tools: Tribal Sovereignty And Tribal Self-Governance Contracting/Compacting, Danielle Delaney
American Indian Law Journal
No abstract provided.
Respecting The “Guardians Of Nature:” Chile’S Violations Of The Diaguita Indigenous People’ Environmental And Human Rights And The Need To Enforce Obligations To Obtain Free, Prior, And Informed Consent, Cynthia Vel
American Indian Law Journal
No abstract provided.
Preservation Over Profits: The Conflicting Interest Of Hickory Ground And Exploring Options For Preserving The Sacred Parcel, Ashley Ray
American Indian Law Journal
No abstract provided.
A Voice In The Storm: Tribal Consultation In The Wake Of The Sandy Recovery Improvement Act Of 2013, Elizabeth S. Leemon
A Voice In The Storm: Tribal Consultation In The Wake Of The Sandy Recovery Improvement Act Of 2013, Elizabeth S. Leemon
American Indian Law Journal
No abstract provided.
“Give Them A Dam Break!” Protecting The Ngäbe Buglé Community Of Panama With Clean Development Mechanism Safeguards To Promote Culturally Sensitive Development, Cindy Campbell
American Indian Law Journal
No abstract provided.
Tribal Trustees In Climate Crisis, Mary Christina Wood
Tribal Trustees In Climate Crisis, Mary Christina Wood
American Indian Law Journal
No abstract provided.
August 2012 – August 2013 Case Law On American Indians, Thomas P. Schlosser
August 2012 – August 2013 Case Law On American Indians, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
I’Ll Take The Benefits If You Pay The Costs: Weighing The Equities Of Public And Private Funding Sources For Hydroelectric Dam Decommissioning, Dominique R. Scalia
I’Ll Take The Benefits If You Pay The Costs: Weighing The Equities Of Public And Private Funding Sources For Hydroelectric Dam Decommissioning, Dominique R. Scalia
American Indian Law Journal
No abstract provided.
Tribal Family Law Clients: A Practitioner’S Guide To Best Serve Your Client In Child Support Proceedings, Jerry Ford
Tribal Family Law Clients: A Practitioner’S Guide To Best Serve Your Client In Child Support Proceedings, Jerry Ford
American Indian Law Journal
No abstract provided.
Alaska Natives: Possessing Inherent Rights To Self-Governance And Self-Governing From Time Immemorial To Present Day, Kristin Mccarrey
Alaska Natives: Possessing Inherent Rights To Self-Governance And Self-Governing From Time Immemorial To Present Day, Kristin Mccarrey
American Indian Law Journal
No abstract provided.
The Risks And Benefits Of Tribal Payday Lending To Tribal Sovereign Immunity: Tribal Payday Lending Enterprises Are Immune Under A Proposed Universal Arm Of The Tribe Test, Bree Black Horse
American Indian Law Journal
No abstract provided.
Sovereignty, Safety, And Sandy: Tribal Governments Gain (Some) Equal Standing Under The Hurricane Sandy Relief Act, Heidi Adams
Sovereignty, Safety, And Sandy: Tribal Governments Gain (Some) Equal Standing Under The Hurricane Sandy Relief Act, Heidi Adams
American Indian Law Journal
No abstract provided.
August 2011 - August 2012 Case Law On American Indians, Thomas P. Schlosser
August 2011 - August 2012 Case Law On American Indians, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
Evidence Issues In Indian Law Cases, Taylor S. Fielding
Evidence Issues In Indian Law Cases, Taylor S. Fielding
American Indian Law Journal
No abstract provided.
Fishable Waters, Catherine A. O'Neill
Fishable Waters, Catherine A. O'Neill
American Indian Law Journal
No abstract provided.
The Jay Treaty Free Passage Right In Theory And Practice, Caitlin C.M. Smith
The Jay Treaty Free Passage Right In Theory And Practice, Caitlin C.M. Smith
American Indian Law Journal
No abstract provided.