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Articles 1 - 8 of 8

Full-Text Articles in Law

It Wasn't An Accident: The Tribal Sovereignty Immunity Story, William Wood Jan 2013

It Wasn't An Accident: The Tribal Sovereignty Immunity Story, William Wood

American University Law Review

No abstract provided.


Elementary Unfairness: Federal Recidivism Statutes And The Gap In Indigent American Indian Defendants' Sixth Amendment Right To Counsel, Thais-Lyn Trayer Jan 2013

Elementary Unfairness: Federal Recidivism Statutes And The Gap In Indigent American Indian Defendants' Sixth Amendment Right To Counsel, Thais-Lyn Trayer

American University Law Review

No abstract provided.


The Indian States Of America: Parallel Universes & Overlapping Sovereignty, Joseph William Singer Jan 2013

The Indian States Of America: Parallel Universes & Overlapping Sovereignty, Joseph William Singer

American Indian Law Review

No abstract provided.


State V. Jim: A New Era In Washington's Treatment Of The Tribes?, Matthew Deisen Jan 2013

State V. Jim: A New Era In Washington's Treatment Of The Tribes?, Matthew Deisen

American Indian Law Review

No abstract provided.


A Most Grievous Display Of Behavior: Self-Decimation In Indian Country, David E. Wilkins Jan 2013

A Most Grievous Display Of Behavior: Self-Decimation In Indian Country, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

Vine Deloria, Jr., the greatest indigenous philosopher of his day, wrote Custer Died for Your Sins: An Indian Manifesto in 1969. It was a spirited polemic that both galvanized and inspired Native peoples at home and abroad. Simultaneously, the book's powerful and trenchant words sent shock waves through non-Indian society. Deloria articulated a resurgent indigenous-centered understanding of sovereignty that had largely been suppressed by federal policy and law for nearly a century. Why did he emphasize the word "sovereignty"? Because he knew that Native nations needed to employ such concepts since they were familiar to both federal and state …


Never Construed To Their Prejudice: In Honor Of David Getches, Richard B. Collins Jan 2013

Never Construed To Their Prejudice: In Honor Of David Getches, Richard B. Collins

Publications

This article reviews and analyzes the judicial canons of construction for Native American treaties and statutes. It discusses their theoretical justifications and practical applications. It concludes that the treaty canon has ready support in contract law and the law of treaty interpretation. Justification of the statutory canon is more challenging and could be strengthened by attention to the democratic deficit when Congress imposes laws on Indian country. Applications of the canons have mattered in disputes between Indian nations and private or state interests. They have made much less difference, and have suffered major failings, in disputes with the federal government. …


Remarks Of David H. Getches: Federal Bar Association Indian Law Conference (April 7, 2011), David H. Getches Jan 2013

Remarks Of David H. Getches: Federal Bar Association Indian Law Conference (April 7, 2011), David H. Getches

University of Colorado Law Review

No abstract provided.


Never Construed To Their Prejudice: In Honor Of David Getches, Richard B. Collins Jan 2013

Never Construed To Their Prejudice: In Honor Of David Getches, Richard B. Collins

University of Colorado Law Review

This article reviews and analyzes the judicial canons of construction for Native American treaties and statutes. It discusses their theoretical justifications and practical applications. It concludes that the treaty canon has ready support in contract law and the law of treaty interpretation. Justification of the statutory canon is more challenging and could be strengthened by attention to the democratic deficit when Congress imposes laws on Indian country. Applications of the canons have mattered in disputes between Indian nations and private or state interests. They have made much less difference, and have suffered major failings, in disputes with the federal government. …