Law Commons^™

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

Alaska Law Review

No abstract provided.

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

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

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

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

American University Law Review

No abstract provided.

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

Indiana Law Journal

No abstract provided.

Divestment Of Federal Water Projects, A. Jack Garner

Dams: Water and Power in the New West (Summer Conference, June 2-4)

21 pages.

Contains references.

"With The Greatest Respect And Fidelity:" A Cherokee Vision Of The "Trust" Doctrine, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

The trust relationship is the conceptual/philosophical framework against which all relations between the federal government and indigenous groups are conducted. Yet despite the centrality of this concept, federal policymakers have no consistent or agreed upon definition of what the trust relationship actually entails. And, more importantly, indigenous conceptions of trust have rarely been assessed. This article analyzes and advances one tribe's—the Cherokee—perspective on trust. In focusing on how the Cherokee perceive trust, this section emphasizes that from an indigenous viewpoint the trust relationship embodies a complex and sophisticated understanding that both the tribe and the United States have reciprocal responsibilities …

Convoluted Essence: Indian Rights And The Federal Trust Doctrine, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

In recent years there has been growing resentment from what one might term, for lack of a better phrase, the "anti-trust" segment. These commentators have offered a host of arguments to support their position: the trust doctrine has been and is still used primarily to "give moral color to depredations of tribes;" it is "an assertion of unrestrained political power over Indians, power that may be exercised without Indian consent and without substantial legal restraint;" and it is really a "metaphor for federal control of Indian affairs without signifying any enforceable rights of the tribal `beneficiaries.'" Yet others suggest that …

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

William & Mary Law Review

No abstract provided.

[Introduction To] American Indian Sovereignty And The U.S. Supreme Court: The Masking Of Justice, David E. Wilkins

Bookshelf

"Like the miner's canary, the Indian marks the shift from fresh air to poison gas in our political atmosphere and our treatment of Indians, even more than our treatment of other minorities, reflects the rise and fall in our democratic faith, wrote Felix S. Cohen, an early expert in Indian legal affairs.

In this book, David Wilkins charts the "fall in our democratic faith" through fifteen landmark cases in which the Supreme Court significantly curtailed Indian rights. He offers compelling evidence that Supreme Court justices selectively used precedents and facts, both historical and contemporary, to arrive at decisions that have …