Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Colorado Law School (19)
- University of New Mexico (19)
- BLR (12)
- University of Oklahoma College of Law (11)
- American University Washington College of Law (6)
-
- Schulich School of Law, Dalhousie University (6)
- University of Michigan Law School (5)
- University of Washington School of Law (5)
- University of Richmond (4)
- Case Western Reserve University School of Law (3)
- The Peter A. Allard School of Law (3)
- Georgetown University Law Center (2)
- Osgoode Hall Law School of York University (2)
- SelectedWorks (2)
- UIdaho Law (2)
- University of Connecticut (2)
- Columbia Law School (1)
- UIC School of Law (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Dayton (1)
- University of Manitoba School of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Missouri School of Law (1)
- University of North Dakota (1)
- University of South Dakota (1)
- University of Tulsa College of Law (1)
- Villanova University Charles Widger School of Law (1)
- Western University (1)
- Keyword
-
- Indian and Aboriginal Law (12)
- Native Americans (10)
- American Indians (8)
- Indian law (7)
- Public lands (7)
-
- Celebration (6)
- Centennial (6)
- Civil Rights and Discrimination (6)
- Constitutional Law (6)
- Indigenous peoples (6)
- 100 years (5)
- 16 U.S.C. 431 (5)
- 34 Stat. 225 (5)
- Antiquities Act of 1906 (5)
- Executive authority (5)
- Indian Law (5)
- International Law (5)
- Legal History (5)
- Legislation (5)
- National monuments (5)
- Property (5)
- Taxation (5)
- United States (5)
- Historic landmarks (4)
- Human Rights Law (4)
- Indian (4)
- Indian tribes (4)
- Jurisdiction (4)
- Law (4)
- Law and Society (4)
- Publication
-
- Publications (18)
- ExpressO (12)
- American Indian Law Review (10)
- Faculty Scholarship (10)
- Celebrating the Centennial of the Antiquities Act (October 9) (6)
-
- Native American Water Rights Settlement Project (5)
- Articles (4)
- Articles, Book Chapters, & Popular Press (4)
- Faculty Publications (4)
- All Faculty Publications (3)
- Articles in Law Reviews & Other Academic Journals (3)
- Jepson School of Leadership Studies articles, book chapters and other publications (3)
- Dalhousie Law Journal (2)
- Ezra Rosser (2)
- Faculty Articles and Papers (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Saumya Uma (2)
- University of Michigan Journal of Law Reform (2)
- Washington International Law Journal (2)
- Aboriginal Policy Research Consortium International (APRCi) (1)
- American University Law Review (1)
- Articles & Book Chapters (1)
- Articles, Chapters in Books and Other Contributions to Scholarly Works (1)
- Blake A Watson (1)
- Bookshelf (1)
- Brenda L. Gunn (1)
- Brian Slattery (1)
- Frank Pommersheim (1)
- Jeffrey S. Moorad Sports Law Journal (1)
- Michigan Journal of International Law (1)
- Publication Type
Articles 31 - 60 of 115
Full-Text Articles in Law
Indigenous Rights Wronged: Extinguishing Native Title In New Zealand, Geoffrey Wg Leane
Indigenous Rights Wronged: Extinguishing Native Title In New Zealand, Geoffrey Wg Leane
Dalhousie Law Journal
This article is an account of a recent controversy in New Zealand regarding the common law native title rights of indigenous Maori people to a possible title in certain areas of the foreshore and seabed. In overturning its own precedent the New Zealand Court of Appeal had opened the door to such claims. However, the legislature, overwhelmingly supported by the majority non-Maori population, moved quickly to extinguish the inchoate rights with no guarantee of fair compensation. The lack of any constitutional protection ofcivil and political rights, and the absence of alternative institutional checks and balances, allowed the legislation to proceed …
Constitutional Realism About Constitutional Protection: Indigenous Rights Under A Judicialized And A Politicized Constitution, Matthew Sr Palmer
Constitutional Realism About Constitutional Protection: Indigenous Rights Under A Judicialized And A Politicized Constitution, Matthew Sr Palmer
Dalhousie Law Journal
This article assesses the comparative effectiveness of constitutional protection of indigenous rights in Canada and New Zealand using a perspective of "constitutional realism". The two constitutions offer a useful contrast of similar systems distinguished by distinctly contrasting directions over the past twentyfive years. The reality of Canadas constitutional development has seen more power accrue to the judicial branch of government. The reality of New Zealand's constitutional development has seen more power accrue to the political branches ofgovernment. The article considers the reality of the behaviour of these branches of government in each jurisdiction in relation to indigenous rights. It finds …
The Pocahontas Exception: American Indians And Exceptionalism In Virginia’S Racial Integrity Act Of 1924, Kevin Noble Maillard
The Pocahontas Exception: American Indians And Exceptionalism In Virginia’S Racial Integrity Act Of 1924, Kevin Noble Maillard
ExpressO
Most scholarship on Loving v. Virginia (1967) briefly mentions the “Pocahontas Exception,” a subsection of Virginia’s Racial Integrity Act of 1924 which counted persons of limited American Indian ancestry as white. However, few of these works raise the issue outside of a footnote. This article addresses the treatment of Native American ancestry as a curious exception to the threat of racial impurity. Virginia’s antimiscegenation statute sought to eradicate stealth intrusions of tainted blood into the white race, which proponents believed to be threatened “by the quagmire of mongrelization.” Exempted from this racial policing regime were those influential whites, the “First …
Choosing Tribal Law: Why State Choice-Of-Law Principles Should Apply To Disputes With Tribal Contacts, Katherine J. Florey
Choosing Tribal Law: Why State Choice-Of-Law Principles Should Apply To Disputes With Tribal Contacts, Katherine J. Florey
ExpressO
This article considers a problem in Indian law that has been much commented upon but little explored: When a state court exercises jurisdiction over a case with tribal contacts, what law should govern? While the Supreme Court has developed a detailed set of rules dictating whether cases with tribal contacts should be heard in a state or tribal forum, it has devoted almost no attention to the question of which law should apply once a forum has been chosen. Thus, many state courts have simply assumed, without explicit consideration of the issue, that state law should apply to any case …
Antarrashtriya Dand Nyayalaya Aur Bharat: Kuch Sawaal-Jawaab, Saumya Uma
Antarrashtriya Dand Nyayalaya Aur Bharat: Kuch Sawaal-Jawaab, Saumya Uma
Saumya Uma
This is the Hindi translation of the publication 'International Criminal Court & India: Some Questions & Answers'
Danda Mukti Ko Virodh, Vahida Nainar, Saumya Uma
Danda Mukti Ko Virodh, Vahida Nainar, Saumya Uma
Saumya Uma
This is a Hindi translation of the English publication 'Combating Impunity'
A Uniform Probate Code For Indian Country At Last, David M. English
A Uniform Probate Code For Indian Country At Last, David M. English
Faculty Publications
AIPRA makes major reforms to the Indian probate system. Federal law long provided that trust or restricted lands and IlM accounts owned by an Indian intestate are to be distributed to the heirs as determined under state law. AIPRA replaces this with one uniform intestacy scheme for the distribution of trust lands and IJIM accounts in lieu of the 30-plus state systems that now apply. AIPRA also fills out the federal law on wills, enacting numerous provisions on the interpretation of wills, most adapted from the Uniform Probate Code. In addition to providing Indian country with a uniform and more …
South Dakota Tribal Court Handbook (Revised Edition), Frank Pommersheim
South Dakota Tribal Court Handbook (Revised Edition), Frank Pommersheim
Frank Pommersheim
The South Dakota Tribal Court Handbook is designed to provide an informative and ready resource for the practicing bar in South Dakota as well as for the tribal and statewide community at large. The overarching objective of this effort is to facilitate ongoing communication, understanding, and respect for tribal courts and tribal court personnel.
Law, Narrative, And The Continuing Colonist Oppression Of Native Hawaiians, David Barnard
Law, Narrative, And The Continuing Colonist Oppression Of Native Hawaiians, David Barnard
ExpressO
The article does three things. First, and for the first time, it brings to bear the perspectives of critical race theory, postcolonial theory, and narrative theory on the U.S. Supreme Court’s 2000 decision in Rice v. Cayetano, which dealt a severe blow to Native Hawaiians’ struggles for redress and reparations for a century of dispossession and impoverishment at the hands of the United States. Second, it demonstrates in the concrete case of Hawaii the power of a particular historical narrative—when it is accepted uncritically by the Supreme Court—to render the law itself into an instrument of colonial domination. Third, it …
Chickasaw Nation: Interpreting A Broken Statute, Erik M. Jensen
Chickasaw Nation: Interpreting A Broken Statute, Erik M. Jensen
Faculty Publications
This report discusses the Supreme Court's 2001 decision in Chickasaw Nation v. United States, in which the Supreme Court interpreted a provision of the Indian Gaming Regulatory Act that contained contradictory phrases - one suggesting that Indian tribes were exempt from some occupational and excise taxes and one suggesting the contrary. The statute on its face made no sense, and the legislative history was of little help in resolving the ambiguity. Although the statute was clearly broken, the Court concluded that no ambiguity existed and that Congress did not intend to exempt tribes from those various wagering taxes. The author …
Australia's "New Arrangements In Indigenous Affairs": A New Approach Or A New Paternalism?, Joshua M. Piper
Australia's "New Arrangements In Indigenous Affairs": A New Approach Or A New Paternalism?, Joshua M. Piper
Washington International Law Journal
The Aboriginal and Torres Strait Islander Commission (“ATSIC”) opened its doors in 1990 with the main objectives of advising the Australian Commonwealth Government (“Government”) on Indigenous policy and providing services for Indigenous communities and individuals. Fifteen years later, with Indigenous living standards still well behind other Australians, the Government deemed ATSIC a failure and abruptly gutted and abolished the Commission. At the same time, the government transitioned to its New Arrangements in Indigenous Affairs program (“New Arrangements”). The New Arrangements are based on two fundamental ideas: better coordination between governments and agencies; and, most important, engaging and empowering Indigenous communities …
Using International Law More Effectively To Secure And Advance Indigenous Peoples' Rights: Towards Enforcement In U.S. And Australian Domestic Courts, John D. Smelcer
Using International Law More Effectively To Secure And Advance Indigenous Peoples' Rights: Towards Enforcement In U.S. And Australian Domestic Courts, John D. Smelcer
Washington International Law Journal
Over the past three decades, indigenous peoples have effected a remarkable redefinition of their status and rights under international law, giving rise to an emerging distinct customary international law of indigenous peoples’ rights. Though that process is ongoing, the next critical step is enforcing these congealing rights “at home” in the domestic courts of indigenous peoples’ surrounding nations. Australia and the United States provide the most difficult and most revealing contexts in which to explore the possibilities and limitations of this necessary next step. The direct enforcement of the emerging customary international law of indigenous peoples’ rights is not yet …
American Indians, Crime, And The Law, Kevin K. Washburn
American Indians, Crime, And The Law, Kevin K. Washburn
Michigan Law Review
This Article evaluates the federal Indian country criminal justice regime, not against norms of Indian law and policy, but against those of criminal law and policy. Specifically, this Article evaluates the federal constitutional norms that lie at the heart of American criminal justice and that are designed to ensure the legitimacy of federal criminal trials. Toward that end, Part I presents a critical description of key facets of the federal Indian country criminal justice system. Part II begins the critical evaluation by evaluating a key institutional player in the federal system, the federal prosecutor. It highlights the handicaps faced by …
American Indian Tribes And Secession, Erik M. Jensen
American Indian Tribes And Secession, Erik M. Jensen
Faculty Publications
Critics of American Indian law have often complained about federal interference in the internal affairs of American Indian nations. The author ponders how independent the critics really want American Indian nations to be and whether secession theory might help us think about the theory and practice of really independent American Indian nations.
Monroe G. Mckay And American Indian Law: In Honor Of Judge Mckay’S Tenth Anniversary On The Federal Bench, Erik M. Jensen
Monroe G. Mckay And American Indian Law: In Honor Of Judge Mckay’S Tenth Anniversary On The Federal Bench, Erik M. Jensen
Faculty Publications
This essay, written in honor of Judge Monroe G. McKay's tenth anniversary as a member of the United States Court of Appeals for the Tenth Circuit, considers the difficulty of justifying a separatist policy for the American Indian; examines the opinions authored by Judge McKay in American Indian law cases; and discusses the McKay opinions and the issue of separation.
Fallon Paiute Shoshone Tribes Settlement Act Of 2006, United States 109th Congress
Fallon Paiute Shoshone Tribes Settlement Act Of 2006, United States 109th Congress
Native American Water Rights Settlement Project
Federal Legislation: Fallon Paiute Shoshone Tribes Settlement Act of 2006 in Native American Technical Corrections Act of 2006 (PL 109-221, Sec. 104, 120 Stat. 336) This Act amends Sec. 102 of the Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990. The amendment concerns restructuring of management of Fallon Paiute Shoshone Tribes Settlement Fund. [Source: http://www.gpo.gov/fdsys/pkg/PLAW-109publ221/pdf/PLAW-109publ221.pdf]
Can A State Tax The Fuel That Is Sold By Non-Indian Distributors To A Tribal Gas Station, Bethany Berger
Can A State Tax The Fuel That Is Sold By Non-Indian Distributors To A Tribal Gas Station, Bethany Berger
Faculty Articles and Papers
No abstract provided.
Regional Projects Require Regional Planning: Human Rights Impacts Arising From Infrastructure Projects, Abby Rubinson
Regional Projects Require Regional Planning: Human Rights Impacts Arising From Infrastructure Projects, Abby Rubinson
Michigan Journal of International Law
Regional projects require regional planning to avoid potentially disastrous environmental and human rights abuses. Focusing on the Rio Madeira project in Brazil as a case study in the impacts of infrastructure projects, this Note identifies the harm anticipated from these projects and highlights the need for verification of official predictions of such harm. It then proceeds to a legal analysis, addressing the applicable international law, Brazilian law, and regional legal frameworks and outlining the negative legal consequences arising from inadequate impact assessments. In light of these negative legal implications, the Note concludes by illustrating the need to proceed with planning …
Healing The Bishop: Consent And The Legal Erasure Of Colonial History, Jennifer Anne Hamilton
Healing The Bishop: Consent And The Legal Erasure Of Colonial History, Jennifer Anne Hamilton
Studio for Law and Culture
During the summer of 1998, Hubert O’Connor, a white Catholic bishop and former Indian residential school principal in British Columbia, participated in what a local magazine termed “a centuries-old native ceremony”: an indigenous healing circle. In 1991, O’Connor was indicted on criminal charges for sexual offences he had allegedly committed some thirty years earlier against five indigenous women, all of whom were his former students and/or employees. While O’Connor acknowledged having sexual relations with these women, he denied having committed any illegal acts, maintaining that these relationships had been consensual. While the trial court originally convicted O’Connor of rape and …
Some Legal Considerations Concerning Saami Rights In Saltwater, Elisabeth Einarsbøl
Some Legal Considerations Concerning Saami Rights In Saltwater, Elisabeth Einarsbøl
Aboriginal Policy Research Consortium International (APRCi)
The rights of the coastal Saami form the focus for this paper, which has been written by one of the advisers at the GÁLDU Resource Centre for the Rights of Indigenous Peoples. It explores the views on the rights of the coastal Saami that prevail today in the light of earlier perceptions and practices within sea fishing. The challenge is to attempt to say something about what this development entails in purely legal terms. The paper is one of the first to seek to provide an overview of what has been done with regard to surveys and research in the …
The Potential Passage Of Proposed Senate Bill 147 And Its Implication On Native Hawaiians And Gaming, Lindsay Goodner
The Potential Passage Of Proposed Senate Bill 147 And Its Implication On Native Hawaiians And Gaming, Lindsay Goodner
American Indian Law Review
No abstract provided.
Recognizing The Full Scope Of The Right To Take Fish Under The Stevens Treaties: The History Of Fishing Rights Litigation In The Pacific Northwest, Vincent Mulier
American Indian Law Review
No abstract provided.
Indian Land Claims: Sherrill And The Impending Legacy Of The Doctine Of Laches, Patrick W. Wandres
Indian Land Claims: Sherrill And The Impending Legacy Of The Doctine Of Laches, Patrick W. Wandres
American Indian Law Review
No abstract provided.
Is The Ncaa Prohibition Of Native American Mascots From Championship Play A Violation Of The Sherman Antitrust Act, Ryan Fulda
American Indian Law Review
No abstract provided.
Vine Of The Dead: Reviving Equal Protection Rites For Religious Drug Use, David Garrett
Vine Of The Dead: Reviving Equal Protection Rites For Religious Drug Use, David Garrett
American Indian Law Review
No abstract provided.
Winner, Best Appellate Brief In The 2006 Native American Law Student Association Moot Court Competition, Sean P. Krispinsky, Sarah J. Bannister
Winner, Best Appellate Brief In The 2006 Native American Law Student Association Moot Court Competition, Sean P. Krispinsky, Sarah J. Bannister
American Indian Law Review
No abstract provided.
Winner, Best Appellate Brief In The 2005 Native American Law Student Association Moot Court Competition, Brian Mcclatchey, Paul Porter
Winner, Best Appellate Brief In The 2005 Native American Law Student Association Moot Court Competition, Brian Mcclatchey, Paul Porter
American Indian Law Review
No abstract provided.
Liberalism And Republicanism: In Federal Indian Law, Bethany Berger
Liberalism And Republicanism: In Federal Indian Law, Bethany Berger
Faculty Articles and Papers
This essay shows the ways that, despite apparent contradictions, tribal claims fit within the liberal and republican strands of American democratic theory. Critics of tribal sovereignty and, I believe, the modern Supreme Court, are influenced by the seeming conflict between tribal interests and a liberal philosophical framework. I argue that properly understood, most tribal claims do fit within classical liberal theory, with its emphasis on equality and freedom. It is true that some tribal claims are distinctly those of groups or peoples, and so cannot be adequately captured by an individualist liberal framework. Drawing on the later work of John …
The Moiwana Village Case, Claudia Martin
The Moiwana Village Case, Claudia Martin
Articles in Law Reviews & Other Academic Journals
Moiwana Village is the second case to be decided by the Inter-American Court on Human Rights against Suriname in which the victims are members of an ethnic community that descends from'Bush Negroes' or 'Maroons', namely escaped former slaves who established new autonomous communities in the eastern part of Suriname. In contrast to its prior judgment, in Moiwana the Court shows a striking evolution in its case law regarding the treatment of ethnic or group rights. This approach, which may be traced back to previous case law on the rights of indigenous communities, affords an enhanced protection to members of an …
Caution, Cooperative Agreements, And The Actual State Of Things: A Reply To Professor Fletcher, Ezra Rosser
Caution, Cooperative Agreements, And The Actual State Of Things: A Reply To Professor Fletcher, Ezra Rosser
Ezra Rosser
This short article argues that tribal governments considering entering into cooperative agreements with federal, state, or local governments ought to maintain a healthy skepticism regarding the non-tribal governments sitting across from them at the negotiating table and the appropriateness of entering into cooperative agreements.