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1998

Journal

Indigenous, Indian, and Aboriginal Law

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Articles 1 - 30 of 49

Full-Text Articles in Law

Comment: The Stranger Who Resides With You: Ironies Of Asian-American And American Indian Legal History, Joseph William Singer Dec 1998

Comment: The Stranger Who Resides With You: Ironies Of Asian-American And American Indian Legal History, Joseph William Singer

Boston College Third World Law Journal

No abstract provided.


"We Are An Independent Nation": A History Of Iroquois Sovereignty, Mary Druke Becker Oct 1998

"We Are An Independent Nation": A History Of Iroquois Sovereignty, Mary Druke Becker

Buffalo Law Review

No abstract provided.


Seneca Nation Of Indians V. Christy: A Background Study, Laurence M. Hauptman Oct 1998

Seneca Nation Of Indians V. Christy: A Background Study, Laurence M. Hauptman

Buffalo Law Review

No abstract provided.


The Oneida Land Claim: Yesterday And Today, John Tahsuda Oct 1998

The Oneida Land Claim: Yesterday And Today, John Tahsuda

Buffalo Law Review

No abstract provided.


Echoes Of A Native Revitalization Movement In Recent Indian Law Cases In New York State, John C. Mohawk Oct 1998

Echoes Of A Native Revitalization Movement In Recent Indian Law Cases In New York State, John C. Mohawk

Buffalo Law Review

No abstract provided.


The Haudenosaunee, Yesterday And Today: A Conflict Of Concepts And Laws, Irving Powless Jr. Oct 1998

The Haudenosaunee, Yesterday And Today: A Conflict Of Concepts And Laws, Irving Powless Jr.

Buffalo Law Review

No abstract provided.


A Lack Of Trust: South Dakota V. Yankton Sioux Tribe And The Abandonment Of The Trust Doctrine In Reservation Diminishment Cases, A.J. Taylor Oct 1998

A Lack Of Trust: South Dakota V. Yankton Sioux Tribe And The Abandonment Of The Trust Doctrine In Reservation Diminishment Cases, A.J. Taylor

Washington Law Review

Over the past three decades, the U.S. Supreme Court has repeatedly confronted the issue of whether Indian reservation lands sold to non-Indian settlers at the turn-of-the-century under Congress's allotment policy remain tribal territory for jurisdictional purposes. As the means of adjudicating these reservation diminishment cases, the Court has adopted a troubled three-pronged analytical approach. The Court's approach circumvents well-established rules of construction and diverges significantly from historic principles embodied in the trust doctrine that forms the ideological foundation of Indian law. The Court's recent decision in South Dakota v. Yankton Sioux Tribe exposes important shortcomings in ...


Review Of The History Of The April 1997 Trade And Commerce Agreement Among The Traditional Haudenosaunee Councils Of Chiefs And New York State And The Impact Thereof On Haudenosaunee Sovereignty, Joseph J. Heath Oct 1998

Review Of The History Of The April 1997 Trade And Commerce Agreement Among The Traditional Haudenosaunee Councils Of Chiefs And New York State And The Impact Thereof On Haudenosaunee Sovereignty, Joseph J. Heath

Buffalo Law Review

No abstract provided.


Border Wars: Haudenosaunee Lands And Federalism, Steven Paul Mcsloy Oct 1998

Border Wars: Haudenosaunee Lands And Federalism, Steven Paul Mcsloy

Buffalo Law Review

No abstract provided.


The Haudenosaunee Cayuga Nation Land Claim: Cayuga Nation V. New York, Clint Halftown Oct 1998

The Haudenosaunee Cayuga Nation Land Claim: Cayuga Nation V. New York, Clint Halftown

Buffalo Law Review

No abstract provided.


Building A New Longhouse: The Case For Government Reform Within The Six Nations Of The Haudenosaunee, Robert B. Porter Oct 1998

Building A New Longhouse: The Case For Government Reform Within The Six Nations Of The Haudenosaunee, Robert B. Porter

Buffalo Law Review

No abstract provided.


Concurrent Tribal And State Jurisdiction Under Public Law 280 , Vanessa J. Jimenez, Soo C. Song Aug 1998

Concurrent Tribal And State Jurisdiction Under Public Law 280 , Vanessa J. Jimenez, Soo C. Song

American University Law Review

No abstract provided.


Aboriginal Rights, Aboriginal Culture, And Protection, Gordon Christie Jul 1998

Aboriginal Rights, Aboriginal Culture, And Protection, Gordon Christie

Osgoode Hall Law Journal

There is a common perception that elements of mainstream society are disrespectful of Aboriginal culture. This article argues that developments in the law offer promise for the protection of Aboriginal "intellectual products," manifestations of Aboriginal culture reflecting their world-view. What Aboriginal peoples would like to see protected, however, are not so much words, pictures, or acts but rather the values, beliefs, and principles that give these meaning. Such, the author argues, are best protected by mechanisms internal to Aboriginal communities. Furthermore, the lack of such mechanisms would not justify the intrusion of Canadian law, but rather raises a call within ...


Oliphant And Tribal Criminal Jurisdiction Over Non-Indians: Asserting Congress's Plenary Power To Restore Territorial Jurisdiction, Geoffrey C. Heisey Jul 1998

Oliphant And Tribal Criminal Jurisdiction Over Non-Indians: Asserting Congress's Plenary Power To Restore Territorial Jurisdiction, Geoffrey C. Heisey

Indiana Law Journal

No abstract provided.


Getting A Seat At The Table: Giving The Indigenous Peoples Of The Russian Far East Control Over Local Government, Stephen R. King Jul 1998

Getting A Seat At The Table: Giving The Indigenous Peoples Of The Russian Far East Control Over Local Government, Stephen R. King

Washington International Law Journal

The traditional homelands of the indigenous peoples of Siberia and the Russian Far East harbor vast wealth in the form of timber, minerals, oil, and gas. Throughout much of the 20th Century, the Soviet Union used forced relocation of native peoples, expropriation of native lands, and other harsh means to gain access to these resources. The native peoples received little or no compensation for the vast natural wealth that the Soviet government took from their lands, and the government often left the land so polluted that it could no longer support the native people's hunting and herding ways-of-life. The ...


Nuclear Waste And Native America: The Mrs Siting Exercise, M. V. Rajeev Gowda, Doug Easterling Jun 1998

Nuclear Waste And Native America: The Mrs Siting Exercise, M. V. Rajeev Gowda, Doug Easterling

RISK: Health, Safety & Environment (1990-2002)

Drs. Gowda & Easterling provide cross-cultural perspectives on issues of risk perception, equity and policy as they affect nuclear waste storage on Native American sites.


A Proposal To The Hanodaganyas To Decolonize Federal Indian Control Law, Robert B. Porter Jun 1998

A Proposal To The Hanodaganyas To Decolonize Federal Indian Control Law, Robert B. Porter

University of Michigan Journal of Law Reform

In this Article, cast in the form of a letter to President William Jefferson Clinton, Professor Porter argues for the decolonization of federal Indian control law. After detailing the religious and colonialist roots of early Supreme Court decisions dealing with the Indian nations and giving an overview of the evolution of federal Indian policy, Professor Porter argues for the decolonization of federal Indian control law on several grounds: 1. the world community has rejected colonialism policies; 2. federal Indian control law denies basic human rights of self-determination; 3. colonization has partially succeeded in destroying the Indian nations; and 4. decolonization ...


Through The Greed, Ignorance, And Power Behind The Law, A People Still Remain, Alice Eng May 1998

Through The Greed, Ignorance, And Power Behind The Law, A People Still Remain, Alice Eng

Boston College Third World Law Journal

No abstract provided.


Factors Contributing To Juvenile Violence In Indian Communities, Larry Echohawk May 1998

Factors Contributing To Juvenile Violence In Indian Communities, Larry Echohawk

Brigham Young University Journal of Public Law

No abstract provided.


Ancestry And Casino Dollars In The Formation Of Tribal Identity, Eric Henderson Apr 1998

Ancestry And Casino Dollars In The Formation Of Tribal Identity, Eric Henderson

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Erosion Of The Indigenous Right To Negotiate In Australia: Proposed Amendments To The Native Title Act, Gretchen Freeman Cappio Mar 1998

Erosion Of The Indigenous Right To Negotiate In Australia: Proposed Amendments To The Native Title Act, Gretchen Freeman Cappio

Washington International Law Journal

The Australian government seeks to amend the Native Title Act, which presently gives indigenous Australians real property rights by virtue of their history living on the land. In their present form, the proposed amendments to the Native Title Act threaten indigenous representation regarding land disputes. The right to negotiate currently protected by the Act must be preserved, ensuring indigenous participation as well as consensual and procedural agreement. The government should not change its course: indigenous parties deserve the same rights today as were granted just five years ago. Government and indigenous leaders must work cooperatively to draft new amendments to ...


Getting Back What Was Theirs? The Reparation Mechanisms For The Land Rights Claims Of The Maori And The Navajo Jan 1998

Getting Back What Was Theirs? The Reparation Mechanisms For The Land Rights Claims Of The Maori And The Navajo

Penn State International Law Review

No abstract provided.


Cases: South Dakota V. Yankton Sioux Tribe; Kiowa Tribe V. Manufacturing Technologies, Inc.; Alaska V. Native Village Of Venetie Tribal Government; United States V. Santee Sioux Tribe; United States V. Bering Strait School District; State V. Wakole Jan 1998

Cases: South Dakota V. Yankton Sioux Tribe; Kiowa Tribe V. Manufacturing Technologies, Inc.; Alaska V. Native Village Of Venetie Tribal Government; United States V. Santee Sioux Tribe; United States V. Bering Strait School District; State V. Wakole

American Indian Law Review

No abstract provided.


The Trend Of Supreme Court Decisions In Indian Cases, Louis F. Claiborne Jan 1998

The Trend Of Supreme Court Decisions In Indian Cases, Louis F. Claiborne

American Indian Law Review

No abstract provided.


"The Past Never Vanishes": A Contextual Critique Of The Existing Indian Family Doctrine, Lorie M. Graham Jan 1998

"The Past Never Vanishes": A Contextual Critique Of The Existing Indian Family Doctrine, Lorie M. Graham

American Indian Law Review

I don't know my own culture, . . . I am going to need your help in understanding . . . . Teach me, teach my children. These are the words of a forty-three-year-old Navajo woman on her first visit back to the Navajo Nation since her birth. Stolen as an infant, along with her twin brother, and adopted out on the black market, she was finally reunited with her family and community. Her journey home comes at a time when Native American nations are fighting proposed legislation and court-made rules that seek to limit the reach of the Indian Child Welfare Act of 1978 (ICWA ...


Winner, Best Appellate Brief In The 1998 Native American Law Student Association Moot Court Competition, Elaine Smith, Angelina Okuda-Jacobs Jan 1998

Winner, Best Appellate Brief In The 1998 Native American Law Student Association Moot Court Competition, Elaine Smith, Angelina Okuda-Jacobs

American Indian Law Review

No abstract provided.


Ua Mau Ke Ea O Ka Aina I Ka Pono:Voting Rights And The Native Hawaiian Sovereignty Plebiscite, Troy M. Yoshino Jan 1998

Ua Mau Ke Ea O Ka Aina I Ka Pono:Voting Rights And The Native Hawaiian Sovereignty Plebiscite, Troy M. Yoshino

Michigan Journal of Race and Law

Using the Native Hawaiian Sovereignty Plebiscite to investigate the complex interplay between race, nationalism, and the special purpose district exception, this Note chronicles the development of relevant legal doctrines and the history of the Native Hawaiians' quest for self-government in an attempt to untangle those issues. In doing so, this Note concludes that the Native Hawaiian Sovereignty Plebiscite was an unconstitutional method of securing sovereign rights for Native Hawaiians, but that a Native Hawaiian claim to at least some form of self-government is justified. As a result, this Note searches for a method that will guarantee self-government as well as ...


Constructing Tribal Sovereignty For The 21st Century: The Story Of Lawmaking In Chilkat Indian Village, Ira V. Johnson, Vanessa Magnanini Jan 1998

Constructing Tribal Sovereignty For The 21st Century: The Story Of Lawmaking In Chilkat Indian Village, Ira V. Johnson, Vanessa Magnanini

Boston College Third World Law Journal

No abstract provided.


Profile Of The Law Of The Navajo Nation, Bidtah N. Becker, Navajo Nation Jan 1998

Profile Of The Law Of The Navajo Nation, Bidtah N. Becker, Navajo Nation

Tribal Law Journal

The Navajo Nation is a non-IRA5 tribe and is not governed by a written constitution. The Navajo Nation government consists of a three-branch system. The nation has a six volume, twenty-four title6 code. Title II outlines the administration of tribal affairs, including the executive and legislative branches. Title VII outlines duties of the judiciary. The modern Navajo Nation government is best described as a western / traditional blend of governance.


Listen, Matthew L.M. Fletcher Jan 1998

Listen, Matthew L.M. Fletcher

Michigan Journal of Race and Law

In a traditional law school setting, experiences of students of color, especially Native Americans, are often buried by the discourse of the dominant culture. This piece, a non-traditional work using elements of prose, lyric, monologue, and poetry, weaves strands of legal discourse, commentary, and autobiography into a critical narrative of the experience of legal education from an outsider law student's perspective. The author, a member of the Grand Traverse Band of Ottawa and Chippewa Indians, recounts these vignettes in a voice infused with the history and traditions of Native American oral storytelling.