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- Institution
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- University of Oklahoma College of Law (20)
- University at Buffalo School of Law (9)
- University of Michigan Law School (5)
- Boston College Law School (3)
- University of Washington School of Law (3)
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- Villanova University Charles Widger School of Law (1)
- Washington and Lee University School of Law (1)
- Maurer School of Law: Indiana University (1)
- University of New Hampshire (1)
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- Keyword
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- Native Americans (5)
- Tribal sovereignty (3)
- Indian cases (3)
- Sovereign immunity (3)
- Race and law (3)
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- Native Hawaiians (2)
- Tribal courts (2)
- Predictions (2)
- Supreme Court of the United States (2)
- Indian Gaming Regulatory Act (2)
- Oliphant v. Suquamish Indian Tribe (2)
- Taxation (2)
- Supreme Court decisions (2)
- Indian Reservations (2)
- Indian tribes (2)
- History (2)
- Tribal governments (2)
- Canada (1)
- Allocation of sovereign powers (1)
- Aboriginal self-determination (1)
- Baraga Products v. COmmissioner of Revenue (1)
- Bureau of Indian Affairs (1)
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- Assimilation (1)
- Bryan v. Itasca County (1)
- Anasazi jurisprudence (1)
- Anasazi Indians (1)
- California v. Cabazon Band of Mission Indians (1)
- Akins v. Penobscot Nation (1)
- Aboriginal title (1)
- Publication
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- American Indian Law Review (19)
- Buffalo Law Review (9)
- Michigan Journal of Race and Law (4)
- Boston College Third World Law Journal (3)
- Washington International Law Journal (2)
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- Indiana Law Journal (1)
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- RISK: Health, Safety & Environment (1990-2002) (1)
- Penn State International Law Review (1)
- Washington and Lee Journal of Civil Rights and Social Justice (1)
- Tribal Law Journal (1)
- Jeffrey S. Moorad Sports Law Journal (1)
- Washington Law Review (1)
- Brigham Young University Journal of Public Law (1)
- University of Michigan Journal of Law Reform (1)
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
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
"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
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
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
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.
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
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
Buffalo Law Review
No abstract provided.
Border Wars: Haudenosaunee Lands And Federalism, Steven Paul Mcsloy
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
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
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
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
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
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
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
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
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
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
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
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
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
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
American Indian Law Review
No abstract provided.
The Trend Of Supreme Court Decisions In Indian Cases, Louis F. Claiborne
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
"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
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
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
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
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
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.