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Articles 1 - 18 of 18

Full-Text Articles in Law

Tribal Membership And Indian Nationhood, Matthew L.M. Fletcher Jan 2012

Tribal Membership And Indian Nationhood, Matthew L.M. Fletcher

American Indian Law Review

No abstract provided.


The Ball Is In Congress's Court: Contract Support Costs Following Ramah, James J. Linhardt Jan 2012

The Ball Is In Congress's Court: Contract Support Costs Following Ramah, James J. Linhardt

American Indian Law Review

No abstract provided.


Internet Gambling: A Road To Strengthening Tribal Self-Government And Increasing Tribal Self-Sufficiency While Protecting American Consumers, Chris J. Thompson Jan 2012

Internet Gambling: A Road To Strengthening Tribal Self-Government And Increasing Tribal Self-Sufficiency While Protecting American Consumers, Chris J. Thompson

American Indian Law Review

No abstract provided.


United States V. Jicarilla Apache Nation: Why The Supreme Court's Refusal To Apply The Fiduciary Exception To Attorney-Client Privilege Stands To Diminish The Federal-Tribal Trust Relationship, Daniel W. Hart Jan 2012

United States V. Jicarilla Apache Nation: Why The Supreme Court's Refusal To Apply The Fiduciary Exception To Attorney-Client Privilege Stands To Diminish The Federal-Tribal Trust Relationship, Daniel W. Hart

American Indian Law Review

No abstract provided.


How Tribal Water Rights Are Won In The West: Three Case Studies From The Northwest, Rebecca Cruz Guiao Jan 2012

How Tribal Water Rights Are Won In The West: Three Case Studies From The Northwest, Rebecca Cruz Guiao

American Indian Law Review

No abstract provided.


Winner, Best Appellate Brief In The 2012 Native American Law Student Association Moot Court Competition, Jocelyn Jenks, Jacquelyn Amour Jampolsky Jan 2012

Winner, Best Appellate Brief In The 2012 Native American Law Student Association Moot Court Competition, Jocelyn Jenks, Jacquelyn Amour Jampolsky

American Indian Law Review

No abstract provided.


The Use Of The Alaskan Native Claims Settlement Act To Justify Disparate Treatment Of Alaska's Tribes, Natalie Landreth, Erin Dougherty Jan 2012

The Use Of The Alaskan Native Claims Settlement Act To Justify Disparate Treatment Of Alaska's Tribes, Natalie Landreth, Erin Dougherty

American Indian Law Review

No abstract provided.


Reliability, That Should Be The Question: The Constitutionality Of Using Uncounseled Tribal Court Convictions In Subsequent Federal Trials After Ant, Cavanaugh, And Shavanaux, Samuel D. Newton Jan 2012

Reliability, That Should Be The Question: The Constitutionality Of Using Uncounseled Tribal Court Convictions In Subsequent Federal Trials After Ant, Cavanaugh, And Shavanaux, Samuel D. Newton

American Indian Law Review

No abstract provided.


Understanding The Value Of Judicial Diversity Through The Native American Lens, Paige E. Hoster Jan 2012

Understanding The Value Of Judicial Diversity Through The Native American Lens, Paige E. Hoster

American Indian Law Review

No abstract provided.


"[This] I Know From My Grandfather:" The Battle For Admissibility Of Indigenous Oral History As Proof Of Tribal Land Claims, Hope M. Babcock Jan 2012

"[This] I Know From My Grandfather:" The Battle For Admissibility Of Indigenous Oral History As Proof Of Tribal Land Claims, Hope M. Babcock

American Indian Law Review

A major obstacle indigenous land claimants must face is the applicationof federal evidentiary rules, like the hearsay doctrine, which block the useof oral history to establish legal claims. It is often oral history and storiesthat tribes rely upon as evidence to support their claims, reducingsubstantially the likelihood of a tribe prevailing. Indigenous oral historypresents unique challenges to judges when faced with its admissibility.Canadian courts have largely overcome these challenges by interpretingevidentiary rules liberally, in favor of the aborigines. As such, Canadianaborigines have enjoyed greater land claim success than indigenousclaimants in the United States, raising the question why United Statescourts do …


Sword Or Submission? American Indian Natural Resource Claims Settlement Legislation, Benjamin A. Kahn Jan 2012

Sword Or Submission? American Indian Natural Resource Claims Settlement Legislation, Benjamin A. Kahn

American Indian Law Review

No abstract provided.


Territory, Wilderness, Property, And Reservation: Land And Religion In Native American Supreme Court Cases, Kathleen Sands Jan 2012

Territory, Wilderness, Property, And Reservation: Land And Religion In Native American Supreme Court Cases, Kathleen Sands

American Indian Law Review

In two trilogies of Supreme Court Decisions, both involving Native Americans, land is a key metaphor, figuring variously as property, territory, wilderness, and reservation. The first trilogy, written by Chief Justice John Marshall, comprises Johnson v. M'Intosh (1823), Cherokee Nation v. Georgia (1831), and Worcester v. Georgia (1832). The second trilogy concerns Native American claims for religious freedom under the First Amendment and includes Bowen v. Roy (1986), Lyng v. Northwest Cemetery Protective Association (1988), and Employment Division of Oregon v. Smith (1990). The Marshal cases attempted to legitimate the transformation of land from wilderness to territory and property, and …


Acting For The Left Behind: How The Native Class Act Could Close The Gaps In American Indian Education, Aaron J. Stewart Jan 2012

Acting For The Left Behind: How The Native Class Act Could Close The Gaps In American Indian Education, Aaron J. Stewart

American Indian Law Review

No abstract provided.


Regaining Control Over The Children: Reversing The Legacy Of Assimilative Policies In Education, Child Welfare, And Juvenile Justice That Targeted Native American Youth, Ryan Seelau Jan 2012

Regaining Control Over The Children: Reversing The Legacy Of Assimilative Policies In Education, Child Welfare, And Juvenile Justice That Targeted Native American Youth, Ryan Seelau

American Indian Law Review

No abstract provided.


Native American Graves Protection And Repatriation Act: Requiring Federal Recognition Digs Its Own Grave, Laura Ruth Talbert Jan 2012

Native American Graves Protection And Repatriation Act: Requiring Federal Recognition Digs Its Own Grave, Laura Ruth Talbert

American Indian Law Review

No abstract provided.


Protecting The Democratic Process In Indian Country Through Election Monitoring: A Solution To Tribal Election Disputes, Derek H. Ross Jan 2012

Protecting The Democratic Process In Indian Country Through Election Monitoring: A Solution To Tribal Election Disputes, Derek H. Ross

American Indian Law Review

No abstract provided.


Kiss The Ring, But Never Touch The Crown: How U.S. Policy Denies Indian Women Bodily Autonomy And The Save Native Women Act's Attempt To Reverse That Policy, Hossein Dabiri Jan 2012

Kiss The Ring, But Never Touch The Crown: How U.S. Policy Denies Indian Women Bodily Autonomy And The Save Native Women Act's Attempt To Reverse That Policy, Hossein Dabiri

American Indian Law Review

No abstract provided.


Free, Prior, Informed Consent: The Key To Self-Determination: An Analysis Of The Kichwa People Of Sarayaku V. Ecuador, Carol Y. Verbeek Jan 2012

Free, Prior, Informed Consent: The Key To Self-Determination: An Analysis Of The Kichwa People Of Sarayaku V. Ecuador, Carol Y. Verbeek

American Indian Law Review

No abstract provided.