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Articles 1 - 20 of 20
Full-Text Articles in Law
Biopiracy: The Struggle For Traditional Knowledge Rights, John Reid
Biopiracy: The Struggle For Traditional Knowledge Rights, John Reid
American Indian Law Review
No abstract provided.
Yellow Snow On Sacred Sites: A Failed Application Of The Religious Freedom Restoration Act, Joshua A. Edwards
Yellow Snow On Sacred Sites: A Failed Application Of The Religious Freedom Restoration Act, Joshua A. Edwards
American Indian Law Review
No abstract provided.
How The Anti-Gaming Backlash Is Redefining Tribal Government Functions, Audrey Bryant Braccio
How The Anti-Gaming Backlash Is Redefining Tribal Government Functions, Audrey Bryant Braccio
American Indian Law Review
No abstract provided.
Winnter, Best Appellate Brief In The 2009 Native American Law Student Association Moot Court Competition, Alex Hagen, J.R. Laplante
Winnter, Best Appellate Brief In The 2009 Native American Law Student Association Moot Court Competition, Alex Hagen, J.R. Laplante
American Indian Law Review
No abstract provided.
Sorting Out Civil Jurisdiction In Indian Country After Plains Commerce Bank: State Courts And The Judicial Sovereignty Of The Navajo Nation, Dale Beck Furnish
Sorting Out Civil Jurisdiction In Indian Country After Plains Commerce Bank: State Courts And The Judicial Sovereignty Of The Navajo Nation, Dale Beck Furnish
American Indian Law Review
No abstract provided.
Three Separate And Distinct Spheres: Patents, Regulation And Liability, Drew Kershen
Three Separate And Distinct Spheres: Patents, Regulation And Liability, Drew Kershen
Drew L. Kershen
No abstract provided.
United States V. Hatahley: A Legal Archaeology Case Study In Law And Racial Conflict, Debora L. Threedy
United States V. Hatahley: A Legal Archaeology Case Study In Law And Racial Conflict, Debora L. Threedy
American Indian Law Review
This article is a case study of United States v. Hatahley using the methodology of "legal archaeology" to reconstruct the historical, social, and economic context of the litigation. In 1953, a group of individual Navajos brought suit under the Federal Tort Claims Act for the destruction of over one hundred horses and burros. The first section of the article presents two contrasting narratives for the case. The first relates what we know about the case from the reported opinions, while the second locates the litigated case within the larger social context by examining the parties, the history of incidents culminating …
America Cinches Its Purse Strings On Government Contracts: Navigating Section 8(A) Of The Small Business Act Through A Recession Economy, Nicholas M. Jones
America Cinches Its Purse Strings On Government Contracts: Navigating Section 8(A) Of The Small Business Act Through A Recession Economy, Nicholas M. Jones
American Indian Law Review
No abstract provided.
Felix Cohen, Anti-Semitism And American Indian Law (Review Of Dalia Tsuk Mitchell, Architect Of Justice: Felix S. Cohen And The Founding Of American Legal Pluralism), Kevin K. Washburn
Felix Cohen, Anti-Semitism And American Indian Law (Review Of Dalia Tsuk Mitchell, Architect Of Justice: Felix S. Cohen And The Founding Of American Legal Pluralism), Kevin K. Washburn
American Indian Law Review
No abstract provided.
The Bank Began Treating Them Badly: Plains Commerce Bank, The Supreme Court, And The Future Of Tribal Sovereignty, Cullen D. Sweeney
The Bank Began Treating Them Badly: Plains Commerce Bank, The Supreme Court, And The Future Of Tribal Sovereignty, Cullen D. Sweeney
American Indian Law Review
No abstract provided.
One Step Forward, Two Giant Steps Back: How The "Existing Indian Family" Exception (Re)Imposes Anglo American Legal Values On American Indian Tribes To The Detriment Of Culltural Autonomy, Suzianne D. Painter-Thorne
One Step Forward, Two Giant Steps Back: How The "Existing Indian Family" Exception (Re)Imposes Anglo American Legal Values On American Indian Tribes To The Detriment Of Culltural Autonomy, Suzianne D. Painter-Thorne
American Indian Law Review
This article describes the profound changes to American Indian kinship and social structures caused when European and Anglo American legal norms were imposed on American Indian tribes without respect for Indian culture or values. Although these sovereign nations were entitled to self-determination, they were for centuries subjected to laws crafted without their input or representation. This article takes the position that law should come from within a culture to ensure that it reflects that culture's values and permits it to flourish in its own way. When law is imposed by outsiders, it becomes a means of colonization, forcing one group …
There Are No Implied Easements Over Trust Lands, M. Brent Leonhard
There Are No Implied Easements Over Trust Lands, M. Brent Leonhard
American Indian Law Review
No abstract provided.
Texas V. United States: The Legality Of The Secretarial Procedures Following Seminole Tribe Of Florida V. Florida, Gregory R. Mulkey
Texas V. United States: The Legality Of The Secretarial Procedures Following Seminole Tribe Of Florida V. Florida, Gregory R. Mulkey
American Indian Law Review
No abstract provided.
Nagpra Revisited: A Twenty-Year Review Of Repatriation Efforts, Julia A. Cryne
Nagpra Revisited: A Twenty-Year Review Of Repatriation Efforts, Julia A. Cryne
American Indian Law Review
No abstract provided.
Bittle V. Bahe: A Drunken Mistake, Brian Alan Burget
Bittle V. Bahe: A Drunken Mistake, Brian Alan Burget
American Indian Law Review
No abstract provided.
Statutory Standing And The Tyranny Of Labels, Radha A. Pathak
Statutory Standing And The Tyranny Of Labels, Radha A. Pathak
Oklahoma Law Review
Constitutional and prudential standing doctrines have received an abundance of scholarly consideration. Statutory standing, in contrast, has remained largely unexplored. The Supreme Court’s use of the term is relatively consistent and unobjectionable, but the meaning that many lower courts ascribe to it is anything but innocuous. This article develops a conceptual framework for understanding the different ways in which different courts conceive of statutory standing. Using the Employee Retirement Income Security Act of 1974 (“ERISA”) as a paradigmatic example, it attempts to illustrate the pernicious effects that often result from common misconceptions of statutory standing in disputes involving purely private …
Trust, We Have A Problem: Chawla Ex Rel. Geisinger V. Transamerica Occidental Life Insurance Company, Its Revelation Of A Problem In Insurable Interest Statutes And The Subsequent Effect On Irrevocable Life Insurance Trusts, Mary Mahala Gardner
Oklahoma Law Review
No abstract provided.
Securities Law And Antitrust Law: Two Legal Titans Clash Before The United States Supreme Court In Credit Suisse Securities V. Billing, Stacey Sheely Chubbuck
Securities Law And Antitrust Law: Two Legal Titans Clash Before The United States Supreme Court In Credit Suisse Securities V. Billing, Stacey Sheely Chubbuck
Oklahoma Law Review
No abstract provided.
Strict Liability And Tax Penalties, William A. Drennan
Strict Liability And Tax Penalties, William A. Drennan
Oklahoma Law Review
No abstract provided.
Toward A Theory Of Persuasive Authority, Chad W. Flanders
Toward A Theory Of Persuasive Authority, Chad W. Flanders
Oklahoma Law Review
No abstract provided.