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Full-Text Articles in Law
Gone But Not Forgotten: The Strange Afterlife Of The Jay Treaty's Indian Free Passage Right, Marcia A. Yablon-Zug
Gone But Not Forgotten: The Strange Afterlife Of The Jay Treaty's Indian Free Passage Right, Marcia A. Yablon-Zug
Faculty Publications
No abstract provided.
Customary Law: The Way Things Were, Codified, Ezra Rosser
Customary Law: The Way Things Were, Codified, Ezra Rosser
Articles in Law Reviews & Other Academic Journals
Frequently referred to as customary law, the unique traditions and customs of different Native American tribes are cited by their tribal courts as authoritative and binding law. The recent use of customary law as a mechanism for deciding individual cases is not uniform among tribal court systems as it differs depending upon which tribe's judges are working to place custom into contemporary judicial analysis. Understanding the present role of customary law in tribal law requires first understanding the nature of customary law and then understanding how it is being used. The effect of customary law is dependent upon the place …
Protecting Non-Indians From Harm? The Property Consequences Of Indians, Ezra Rosser
Protecting Non-Indians From Harm? The Property Consequences Of Indians, Ezra Rosser
Articles in Law Reviews & Other Academic Journals
This article is an exploration of the assumption, last made by the U.S. Supreme Court in City of Sherrill v. Oneida Indian Nation of New York, that non-Indian property owners are harmed by Indian acquisition and control of land. Accepting for the moment the Court's prioritization of a non-Indian perspective, the article explores (a) what lies behind non-Indian resistance to Indian land ownership, and (b) whether in fact non-Indians are harmed by proximity to Indian land. The article combines in its analysis core property law concepts with an empirical examination of the changes over time in assessed land value of …