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Articles 1 - 30 of 43
Full-Text Articles in Law
Brightening The Covenant Chain: Aboriginal Treaty Meanings In Law And History After Marshall, Mark D. Walters
Brightening The Covenant Chain: Aboriginal Treaty Meanings In Law And History After Marshall, Mark D. Walters
Dalhousie Law Journal
The decision of the Supreme Court of Canada in R. v. Marshall raises some difficult questions about the interpretation of Crown-Aboriginal treaties, especially treaties dating from the eighteenth century. The Court acknowledged that the treaty context is important to establishing the meaning of treaty texts, and Aboriginal and non-Aboriginal perspectives must be considered. As a result, judges must have regard to historical analyses of Crown-Aboriginal relations when interpreting these old treaties. In this article, the author explores some of the complex theoretical problems that such legal-historical analyses create, focusing in particular upon the possibility that lawyers and judges may reach …
Budding Translation, Milner S. Ball
Budding Translation, Milner S. Ball
Michigan Law Review
Among the American classics in my library, Black Elk Speaks is one of the least willing to rest closed on the shelf. It is the story of a vision, the duty that accompanies the vision, and the life of those whom the vision would animate. It can be justly read as tragedy, indictment, and struggle with the past. But it can also be read as affirmation and as invocation of hope for the future, possibilities that present themselves on this revisit. There are risks in making Black Elk Speaks the subject of a Classics Revisited, more risks than in Kenji …
The Unsettling Of The West: How Indians Got The Best Water Rights, David H. Getches
The Unsettling Of The West: How Indians Got The Best Water Rights, David H. Getches
Michigan Law Review
A single, century-old court decision affects the water rights of nearly everyone in the West. The Supreme Court's two-page opinion in Winters v. United States sent out shock waves that reverberate today. By formulating the doctrine of reserved water rights, the Court put Indian tribes first in line for water in an arid region. Priority is everything where water law typically dictates that the senior water rights holder is satisfied first, even if it means taking all the water and leaving none for anyone else. In the West, water rights belong to "prior appropriators." The earliest users of water secure …
Adjudication And The Problems Of Incommensurability, Brett G. Scharffs
Adjudication And The Problems Of Incommensurability, Brett G. Scharffs
William & Mary Law Review
No abstract provided.
Aboriginal Peoples And Mandatory Sentencing, Larry N. Chartrand
Aboriginal Peoples And Mandatory Sentencing, Larry N. Chartrand
Osgoode Hall Law Journal
The author examines the impact of mandatory minimum sentencing on Aboriginal peoples in Canada. Emphasis is placed on the recently enacted mandatory minimum sentencing provisions for firearms offenses. The author argues that the enactment of such provisions are inconsistent with Parliament's objectives as reflected in section 718.2(e) of the Criminal Code which requires sentencing judges to pay "particular attention to the circumstances of Aboriginal offenders." In addition, the author explores preliminary arguments to support a finding that mandatory minimum sentences applied to Aboriginal offenders violate sections 12 and 15 of the Charter.
Recognizing Substance: Adoptees And Affiliates Of Native American Tribes Claiming Free Exercise Rights
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Nullification Of Section 718.2(E): Aggravating Aboriginal Over-Representation In Canadian Prisons, Renee Pelletier
The Nullification Of Section 718.2(E): Aggravating Aboriginal Over-Representation In Canadian Prisons, Renee Pelletier
Osgoode Hall Law Journal
This article considers the disproportionate incarceration rate of Aboriginal offenders in Canadian prisons and the effectiveness of Parliament's attempts at alleviating this problem through the enactment of section 718.2(e) of the Criminal Code. This article focuses primarily on two recent Supreme Court of Canada decisions-R. v. Gladue and R. v. Wells. It is argued that the Court's narrow view of systemic factors, the Imitation it places on section 718.2(e) through its discussion of serious offences, as well as a number of practical problems inherent in the framework provided by the Court, strip the provision of its remedial intent. The article …
A Constitutional Examination Of The Federal Exemptions For Native American Religious Peyote Use, Christopher Parker
A Constitutional Examination Of The Federal Exemptions For Native American Religious Peyote Use, Christopher Parker
Brigham Young University Journal of Public Law
No abstract provided.
Pueblo Of Laguna Tribal Government Profile, Kim Coco Iwamoto, Frank Cerno Jr.
Pueblo Of Laguna Tribal Government Profile, Kim Coco Iwamoto, Frank Cerno Jr.
Tribal Law Journal
Pueblo of Laguna Tribal Government Profile by Kim Coco Iwamoto, provides readers with an overview of the Pueblo of Laguna Tribal Government. Iwamoto's profile contains information on the Pueblo's traditional law, governance, dispute resolution, and extratribal law.
The Status Of Traditional Indian Justice, Agustin Grijalva
The Status Of Traditional Indian Justice, Agustin Grijalva
Tribal Law Journal
The Status of Traditional Indian Justice in Ecuador by Agustin Grijalva discusses constitutional reforms in Ecuador that recognize traditional Indian law and traditional Indian authorities as collective Indian rights. This article explores the historical background of the constitutional reforms, how these reforms might affect the current Ecuadorian judicial system and some potential problems in administering these reforms.
Cp 87 And Cp 100: Allotment And Fractionation Within The Citizen Potawatomi Nation, Mark Welliver
Cp 87 And Cp 100: Allotment And Fractionation Within The Citizen Potawatomi Nation, Mark Welliver
Tribal Law Journal
CP 87 and CP 100: Allotment and Fractionation Within the Citizen Potawatomi Nation by Mark Welliver illustrates some of the problematic issues faced today by interest owners of Indian allotment land by using his father's interest in allotment land as a "hypothetical," in the context of the Citizen Band Potawatomi's history and removal to Oklahoma. The article also discusses "solutions that are applicable either by the federal government, the tribes, or the individual interest holders."
Oglala Lakota Nation Profile, Danielle Her Many Horses
Oglala Lakota Nation Profile, Danielle Her Many Horses
Tribal Law Journal
Oglala Lakota Nation Profile by Danielle Her Many Horses provides an overview of the Oglala Lakota Nation government. This profile contains information on the Oglala Lakota Nation's traditional governance and its contemporary government.
Restoring Harmony Through Nalyeeh: Can The Navajo Common Law Of Torts Be Applied In State And Federal Forums?, J. R. Mueller
Restoring Harmony Through Nalyeeh: Can The Navajo Common Law Of Torts Be Applied In State And Federal Forums?, J. R. Mueller
Tribal Law Journal
Restoring Harmony through Nalyeeh: Can the Navajo Common Law of Torts be Applied in State and Federal Forums? by J. R. Mueller demonstrates "that the Navajo Nation has developed and articulated a modern tort law and doctrine of restitution grounded in Navajo tradition and evolved from ancient custom, similar to the Anglo-American notion of common law." This article also explores whether tribal customary law can be applied in state and federal forums in light of a recent federal case Cheromiah v. United States.
Easements On Tribal Sovereignty, Todd Miller
Easements On Tribal Sovereignty, Todd Miller
American Indian Law Review
No abstract provided.
Indian Religious Freedom: To Litigate Or Legislate?, Louis Fisher
Indian Religious Freedom: To Litigate Or Legislate?, Louis Fisher
American Indian Law Review
No abstract provided.
State Corporations For Indian Reservations, Dao Lee Bernardi-Boyle
State Corporations For Indian Reservations, Dao Lee Bernardi-Boyle
American Indian Law Review
No abstract provided.
Rolling The Dice On The Cyber-Reservation: The Confluence Of Internet Gaming And Federal Indian Law, David B. Jordan
Rolling The Dice On The Cyber-Reservation: The Confluence Of Internet Gaming And Federal Indian Law, David B. Jordan
American Indian Law Review
No abstract provided.
The Dormant Indian Commerce Clause: Up In Smoke?, Richard D. Agnew
The Dormant Indian Commerce Clause: Up In Smoke?, Richard D. Agnew
American Indian Law Review
No abstract provided.
Just Say The "Magic Words": Advocating An Arbitration Clause Should Be Held To An Express Waiver Standard For The Doctrine Of Indian Sovereign Immunity--C&L Enterprises V. Citizen Band Potawatomi Indian Tribe, Jeremy Clinefelter
American Indian Law Review
No abstract provided.
Remarks By President Clinton To The Pine Ridge Indian Reservation Community, July 7, 1999
Remarks By President Clinton To The Pine Ridge Indian Reservation Community, July 7, 1999
American Indian Law Review
No abstract provided.
Problems And Solutions Regarding Indigenous Peoples Split By International Borders, Richard Osburn
Problems And Solutions Regarding Indigenous Peoples Split By International Borders, Richard Osburn
American Indian Law Review
No abstract provided.
"Never Lay A Salmon On The Ground With His Head Toward The River": State Of Washington Sues Yakamas Over Alcohol Ban, Robert J. Haupt
"Never Lay A Salmon On The Ground With His Head Toward The River": State Of Washington Sues Yakamas Over Alcohol Ban, Robert J. Haupt
American Indian Law Review
No abstract provided.
Uniform Laws And Tribal Legislation; One Tribe's Perspective, Truman Carter, Fred H. Miller
Uniform Laws And Tribal Legislation; One Tribe's Perspective, Truman Carter, Fred H. Miller
American Indian Law Review
No abstract provided.
Jurisdiction Of Ute Reservation Lands, John D. Barton, Candace M. Barton
Jurisdiction Of Ute Reservation Lands, John D. Barton, Candace M. Barton
American Indian Law Review
No abstract provided.
Nevada V. Hicks: No Threat To Most Nevada Tribes, Ronald Eagleye Johnny
Nevada V. Hicks: No Threat To Most Nevada Tribes, Ronald Eagleye Johnny
American Indian Law Review
No abstract provided.
The Exhausted Doctrine, Letitia Ness
Exercising Cultural Self-Determination: The Makah Indian Tribe Goes Whaling, Robert J. Miller
Exercising Cultural Self-Determination: The Makah Indian Tribe Goes Whaling, Robert J. Miller
American Indian Law Review
No abstract provided.
The De Facto Termination Of Alaska Native Sovereignty: An Anomaly In An Era Of Self-Determination, Benjamin W. Thompson
The De Facto Termination Of Alaska Native Sovereignty: An Anomaly In An Era Of Self-Determination, Benjamin W. Thompson
American Indian Law Review
No abstract provided.
President Clinton Illuminates The Need For Investment In Native American Communities, Jackie Barone
President Clinton Illuminates The Need For Investment In Native American Communities, Jackie Barone
American Indian Law Review
No abstract provided.
Sovereign Immunity: Should The Sovereign Control The Purse?, Thomas P. Schlosser
Sovereign Immunity: Should The Sovereign Control The Purse?, Thomas P. Schlosser
American Indian Law Review
No abstract provided.