Law Commons^™

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 …

Indian Tribes And The Legal System, Ralph W. Johnson

Washington Law Review

This article surveys the past and present role of lawyers in the field of Indian law, from the absence of attorneys in early treaty negotiations through the formative role lawyers played in developing the federal trust relationship, to their modem role as "legal warriors" for the increasingly independent, autonomous tribes of today. To understand all the changes now occurring in Indian law, a review of the background is helpful. What follows is a synopsis of the significant events in Indian history, focusing on how the U.S. government initially treated Indians and the role the legal profession played in this treatment.

Wolf Warriors And Turtle Kings: Native American Law Before The Blue Coats, Rennard Strickland

Washington Law Review

One of the great myths of the white invention of the Indian was that there was no law among Native Americans before the white man except for a single Indian "primitive" legal system of blood revenge, uniform across the North American continent. This is not so. Law existed among Native Peoples long before white contact. Quite simply, the Indians had law. Before white contact, Native America nourished a rich and diverse system of law-a system of law that varied dramatically from people to people.

The Role Of Bilateralism In Fulfilling The Federal-Tribal Relationship: The Tribal Rights-Endangered Species Secretarial Order, Charles Wilkinson

Washington Law Review

On June 5, 1997, Secretary of the Interior Bruce Babbitt and Secretary of Commerce William Daley signed a jointly-released Secretarial Order entitled "American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act"' The Order culminated a year-and-a-half of work by tribes and federal officials to craft an administrative system for resolving difficult questions involving tribal rights and the Endangered Species Act (ESA). The Order is important for the ESA's implementation. It also carries broader significance, for it serves as one major example of how the government-to-government relationship between the United States and Indian tribes can be successfully implemented.

Overextended Borrowing: Tribal Peacemaking Applied In Non-Indian Disputes, Carole E. Goldberg

Washington Law Review

Respected figures within the U.S. legal system are saying that the system could be improved by borrowing elements from Native American dispute resolution. To longtime students of Indian Law, this is a striking shift of rhetoric. Historically, non-Indian America has either ignored or dismissed tribal law, often characterizing tribes as lawless. But has the rhetoric merely shifted from condescension to impractical romanticizing? This article examines and analyzes the position taken by non-Indian advocates of borrowing from tribal justice systems and considers whether such borrowing can really work.

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

American University Law Review

No abstract provided.

Justifying Repatriation Of Native American Cultural Property, Sarah Harding

Indiana Law Journal

No abstract provided.

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

Indiana Law Journal

No abstract provided.

The Courts, The Government, And Native Americans: The Politics And Jurisprudence Of Systematic Unfairness, Daniel T. Campbell

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Prosecuting The Fishery: The Supreme Court Of Canada And The Onus Of Proof In Aboriginal Fishing Cases, Peggy J. Blair

Dalhousie Law Journal

In Sparrow and other decisions, the Supreme Court of Canada has outlined certain tests which must be met by the Crown and defence in the trial of aboriginal fishing cases where s.35 rights are at issue. This article describes the shifting burdens of proof which have resulted from those tests. The author argues that the Supreme Court of Canada has imposed procedural and substantive requirements of proof on the defence which may in themselves be unconstitutional.

Vampires Anonymous And Critical Race Practice, Robert A. Williams Jr.

Michigan Law Review

I can only explain what Vampires Anonymous has done for me by telling my story. I know, stories, particularly autobiographical stories, are currently being dissed by some law professors. Raised in an overly obsessive, objectively neutralized cultural style, they are plain and simple Storyhaters. Their middle to upper class parents had money, a home in the burbs, and nice kids who were going to go on from their fancy grade schools and college preparatory gigs to Harvard/Stanford/Yale - all those types of pricey places where law professors usually come from. These kids were raised to be objective, neutral, neutered, fair, …

Tribal Court General Civil Jurisdiction Over Actions Between Non-Indian Plaintiffs And Defendants: Strate V. A-1 Contractors, Jamelle King

American Indian Law Review

No abstract provided.

Youpee V. Babbitt - The Indian Land Inheritance Problem Revisited, Michelle M. Lindo

American Indian Law Review

No abstract provided.

The Tribal Exhaustion Doctrine: "Just Stay On The Good Roads, And You've Got Nothing To Worry About", Phillip Allen White

American Indian Law Review

No abstract provided.

American Indian Legal History And The American Indian Woman (Review Of Changing Woman By Karen Anderson), Richard J. Ansson Jr.

American Indian Law Review

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

American Indian Law Review

No abstract provided.

The Indian Child Welfare Act In The Face Of Extinction, Sloan Phillips

American Indian Law Review

No abstract provided.

The Lost Indians Of The Lost Colony: A Critical Legal Study Of The Lumbee Indians Of North Carolina, Cindy D. Padget

American Indian Law Review

No abstract provided.

One Size Does Not Fit All: The Failure Of Washington's Licensing Standards For Alcohol And Drug Treatment Programs And Facilities To Meet The Needs Of Indians, Kelly S. Croman

Washington Law Review

It is well recognized that culturally and spiritually relevant alcohol and chemical dependency treatment programs are most successful. Washington's licensing standards for such programs and facilities, however, fail to address the cultural and spiritual needs of Indians who they serve. The State's current one-size-fits-all approach offers no hope for improved treatment outcomes for Indians. This Comment demonstrates the inadequacy of Washington's current treatment facility and program licensing standards and examines the high costs of maintaining these standards. The Comment concludes with a proposal for specific legislation for the State of Washington.

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

William & Mary Law Review

No abstract provided.

A Country Within A Country: Redrawing Borders On The Post-Colonial Sovereign State, Suzan Dionne Balz

Michigan Journal of Race and Law

This Essay seeks to identify the conflict that exists between the demands for self-governance by Canada's First Nations and the interests of the Canadian state. The author elucidates this conflict by identifying two major differences between the perspectives of Canada's First Nations' demands for self-governance and the interests of the Canadian state: the privileging of the collective versus the privileging of the individual, and the two very different notions of "territory." The author concludes that the doctrine of sovereign statehood as developed out of European Nationalism stands as an obstacle to the self-determination of non-western peoples such as the First …

Native Cultures In A Rights Empire Ending The Dominion, Leon E. Trakman

Buffalo Law Review

No abstract provided.

A Glimmer Of Hope: A Proposal To Keep The Indian Child Welfare Act Of 1978 Intact, Jose Monsivais

American Indian Law Review

No abstract provided.

Seminole Tribe V. Florida - Extinction Of The "New Buffalo?", Michael Grant

American Indian Law Review

No abstract provided.

Recent Developments In American Indian Law

American Indian Law Review

No abstract provided.

Nuclear Incidents On Indian Reservations: Who Has Jurisdiction? Tribal Court Exhaustion Versus The Price-Anderson Act, James W. Kuntz

American Indian Law Review

No abstract provided.

A Matter Of Trust: The Elimination Of Federally Funded Legal Services On The Navajo Nation, Katherine J. Wise

American Indian Law Review

No abstract provided.

Validity Of A State Court's Exercise Of Concurrent Jurisdiction Over Civil Actions Arising In Indian Country: Application Of The Indian Abstention Doctrine In State Court, John J. Harte

American Indian Law Review

No abstract provided.

After Pocahontas: Indian Women And The Law, 1830 To 1934, Bethany Ruth Berger

American Indian Law Review

No abstract provided.

Protecting Profits Derived From Tribal Resources: Why The State Of Utah Should Not Have The Power To Tax Non-Indian Oil And Gas Lessees On The Navajo Nation's Aneth Extension: Texaco, Exxon, And Union Oil V. San Juan County School District--A Case Study, Richard J. Ansson Jr.

American Indian Law Review

No abstract provided.