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Full-Text Articles in Law
Shrinking Indian Country: A State Offensive To Divest Tribal Sovereignty, Gloria Valencia-Weber
Shrinking Indian Country: A State Offensive To Divest Tribal Sovereignty, Gloria Valencia-Weber
Faculty Scholarship
In Sac and Fox, the Oklahoma Tax Commission (OTC) argued that the Sac and Fox reservation was disestablished in the 1891 Allotment Agreement, and therefore the tribe was deprived of a cognizable land base on which it could exercise governmental power immune from the reach of the state. Based on this characterization of the land base, the OTC then argued that it could reach into Sac and Fox land and impose income and vehicle taxes. The tribe, of course, rejected any such characterization of its land base and resisted any attempt by the state to interfere with its sovereign control …
Identity As Idiom: Mashpee Reconsidered, Jo Carrillo
Identity As Idiom: Mashpee Reconsidered, Jo Carrillo
Faculty Scholarship
No abstract provided.
Law School Training Of American Indians As Legal-Warriors, Gloria Valencia-Weber
Law School Training Of American Indians As Legal-Warriors, Gloria Valencia-Weber
Faculty Scholarship
This article explores four areas involved in training lawyers appropriate to the needs of tribal nations. First, the American Indian tribes, as the indigenous sovereigns, present legal needs and opportunities unique from other minority groups. Development of Indian law depends on the exercise of sovereign power by the Indian nations, not constitutional equal protection of an ethnic minority. The architectural work of developing the governments, i.e., creating tribal law and operating tribal courts, calls for the legal-warrior's critical ability to meld customary perspectives with knowledge and skills acquired in legal professional training. Second, the specialty of American Indian law as …
Domestic Violence And Tribal Protection Of Indigenous Women In The United States, Christine Zuni Cruz, Gloria Valencia-Weber
Domestic Violence And Tribal Protection Of Indigenous Women In The United States, Christine Zuni Cruz, Gloria Valencia-Weber
Faculty Scholarship
The purpose of this article is to discuss openly the issue of the physical abuse of American Indian women in a manner that reflects the authors' knowledge of how American Indian people live. This article confronts presumptions or pre-existing notions about the indigenous people of the United States that pervade popular culture. Initially, this article will examine the sovereign nature of the tribal nations within the parameters of both international law and United States jurisprudence. This article will also address the way in which some international instruments relate to the rights and protection of indigenous people, including specific provisions for …