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Articles 31 - 60 of 136
Full-Text Articles in Law
Localizing Energy Independence: How Purpa And Community Power Legislation Can Drive Development Of Resilient And Reliable Local Clean Energy Projects, Lowell J. Chandler
Localizing Energy Independence: How Purpa And Community Power Legislation Can Drive Development Of Resilient And Reliable Local Clean Energy Projects, Lowell J. Chandler
Public Land & Resources Law Review
No abstract provided.
Science Under Assault - Reflections On "The War On The Epa: America's Endangered Environmental Protections", Sara A. Colangelo
Science Under Assault - Reflections On "The War On The Epa: America's Endangered Environmental Protections", Sara A. Colangelo
Public Land & Resources Law Review
No abstract provided.
Bridges To A New Era: A Report On The Past, Present, And Potential Future Of Tribal Co-Managment On Federal Public Lands, Monte Mills, Martin Nie
Bridges To A New Era: A Report On The Past, Present, And Potential Future Of Tribal Co-Managment On Federal Public Lands, Monte Mills, Martin Nie
Public Land & Resources Law Review
No abstract provided.
The Public Trust Doctrine Fifty Years After Sax And Some Thoughts On Its Future, Michael C. Blumm, Zachary A. Schwartz
The Public Trust Doctrine Fifty Years After Sax And Some Thoughts On Its Future, Michael C. Blumm, Zachary A. Schwartz
Public Land & Resources Law Review
No abstract provided.
Tribal Food Sovereignty In The American Southwest, Julia Guarino
Tribal Food Sovereignty In The American Southwest, Julia Guarino
Journal of Food Law & Policy
Food is an issue that implicates tribal sovereignty for historical, cultural, and public health reasons. This article undertakes a policy analysis of the importance of food to tribal sovereignty, and suggests that tribes, many of which have begun to do so already, make robust use of the concept of "food sovereignty" as part of their overarching project of protecting and promoting tribal sovereignty in general. This article sets the stage for understanding the importance of food sovereignty to tribes by exploring the history of food and culture in the American Southwest, where the public health consequences of changes in diet …
We Have The Land Titles: Indigenous Litigants And Privatization Of Resguardos In Colombia, 1870s-1940s, Gloria Lopera
We Have The Land Titles: Indigenous Litigants And Privatization Of Resguardos In Colombia, 1870s-1940s, Gloria Lopera
FIU Electronic Theses and Dissertations
Pressures for the privatization of indigenous lands accompanied the making of nation-states in post-colonial Latin America and boosted the natives' quest for colonial legal documents suitable to prove their rights over indigenous communal landholdings (known in Colombia as "resguardos"). This dissertation compares the experiences of two communities - San Lorenzo and Cañamomo-Lomaprieta - engaging with the law and producing legal and historical evidence to respond to the privatization of their resguardos. These communities inhabit the municipalities of Riosucio and Supía (Caldas) in the Western Colombian Andes. While the study explores the genesis of San Lorenzo's and Cañamomo-Lomaprieta's …
A Review Of Harold Johnson, Peace And Good Order: The Case For Indigenous Justice In Canada, Haneen Al-Noman
A Review Of Harold Johnson, Peace And Good Order: The Case For Indigenous Justice In Canada, Haneen Al-Noman
Dalhousie Law Journal
Haneen Al Noman: A Review of Harold Johnson, Peace and Good Order: The Case for Indigenous Justice in Canada (Toronto: McClelland & Stewart, 2019).
Sovereignty Threat: Loreal Tsingine, Policing, And The Intersectionality Of Indigenous Death, Theresa Rocha Beardall
Sovereignty Threat: Loreal Tsingine, Policing, And The Intersectionality Of Indigenous Death, Theresa Rocha Beardall
Nevada Law Journal
No abstract provided.
Unqualified? Investing In Qualified Opportunity Zones On Reservations, Ben Gibson
Unqualified? Investing In Qualified Opportunity Zones On Reservations, Ben Gibson
American Indian Law Journal
This paper evaluates the impact of qualified opportunity zones, created by the Tax Cuts and Jobs Act of 2017, on Indian reservations. The former Chairman of the Council of Economic Advisers hailed the qualified opportunity zone program as the part of the TCJA of which he was most proud. But the program has not benefited all intended beneficiaries equally. The author of this paper collects data about the presence of qualified opportunity zones on Indian reservations. Compared to other areas designated as qualified opportunity zones, Indian Reservations were disproportionately underinvested in. The author evaluates the comparative lack of qualified opportunity …
Rebalancing Bracker Forty Years Later, William Mcclure, Thomas E. Mcclure
Rebalancing Bracker Forty Years Later, William Mcclure, Thomas E. Mcclure
American Indian Law Journal
This Article examines forty years of federal and state courts’ application of the Bracker balancing test, which considers whether a state tax is preempted when assessed against a non-Indian on tribal land. First, this Article chronicles the history and progression of the Bracker balancing test in the Supreme Court. Second, this Article cross-tabulates judicial findings of no preemption with key characteristics of all lower court state taxation decisions that cite Bracker. Third, this Article reports the results of regression analyses that reveal lower courts were less likely to find preemption of cigarette taxes, more likely to find state fuel …
Case Law On American Indians, Thomas P. Schlosser
Case Law On American Indians, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
In Defense Of The Indian Commerce Clause, Stephen Andrews
In Defense Of The Indian Commerce Clause, Stephen Andrews
American Indian Law Journal
No abstract provided.
Native Nations' Land Ownership And Our Disservice To Their People And Culture A Proposed Legislative Solution And A Lesson To Be Learned, David E. Missirian
Native Nations' Land Ownership And Our Disservice To Their People And Culture A Proposed Legislative Solution And A Lesson To Be Learned, David E. Missirian
American Indian Law Journal
No abstract provided.
The Blind Eye: Jus Soli, And The "Pretended" Treaty Of New Echota, Christopher Robert Rossi
The Blind Eye: Jus Soli, And The "Pretended" Treaty Of New Echota, Christopher Robert Rossi
American Indian Law Journal
No abstract provided.
The Time Is Now For The Iachr To Address Climate Action As A Human Right: Indigenous Communities Can Lead (Again), Lara C. Diaconu
The Time Is Now For The Iachr To Address Climate Action As A Human Right: Indigenous Communities Can Lead (Again), Lara C. Diaconu
American Indian Law Journal
No abstract provided.
Beyond A Sliver Of A Full Moon: Acknowledging And Abolishing White Bias To Restore Safety & Sovereignty To Indian Country, Mary T. Hannon
Beyond A Sliver Of A Full Moon: Acknowledging And Abolishing White Bias To Restore Safety & Sovereignty To Indian Country, Mary T. Hannon
American Indian Law Journal
Violence against indigenous women in the United States is unprecedented. This violence is aggravated by the fact that indigenous women are often unable to obtain justice for the crimes against them due to a complex jurisdictional scheme that ignores the inherent authority of the First Nations. This scheme is the product of centuries of white bias – perpetuated by contemporary legislators and the judiciary – that treats the First Nations and tribal courts as inferior. In the context of Congress’s recent attempt to expand protection for indigenous women in the Violence Against Women Reauthorization Act of 2019, this Note will …
Inuit Nunangat Regional Overlaps: Reciprocal Harvesting & Wildlife Management Agreements, Christopher M. Macneill
Inuit Nunangat Regional Overlaps: Reciprocal Harvesting & Wildlife Management Agreements, Christopher M. Macneill
American Indian Law Journal
This article after a brief introduction which describes the Inuit of Canada and their administrative segmentation by the territorial and provincial boundaries of the Yukon Territory, Northwest Territory, Nunavut Territory, Province of Quebec and the Province of Labrador. While arguably the Inuit are also considered to have traditionally used the northern regions of other provinces this study will focus on the present governance organizational framework assigned via Inuit Land Claims with Canada. The formation of Canada in 1867 and the subsequent partitioning of the Yukon and Nunavut from the Northwest Territory, and the addition of the Northern Quebec (Ungava Bay …
The Resilience Of Métis Title: Rejecting Assumptions Of Extinguishment, Karen Drake, Adam James Patrick Gaudry
The Resilience Of Métis Title: Rejecting Assumptions Of Extinguishment, Karen Drake, Adam James Patrick Gaudry
Articles & Book Chapters
For many years, the Crown disputed Métis title claims by contending that any previously existing Métis rights, including title, had been extinguished. We argue, however, that this is not the case in at least some areas of the Métis homeland. In this chapter, we review the three means by which Aboriginal rights can be extinguished in Canadian law: by surrender, by legislation prior to 17 April 1982, and by constitutional amendment. This chapter builds on our previous work, in which we argue that historical Métis land use patterns can satisfy the test for Aboriginal title. The relevant case law here …
Southern Ute: Trial Court To Supreme Court, Elizabeth A. Mcclanahan, Jill M. Harrison
Southern Ute: Trial Court To Supreme Court, Elizabeth A. Mcclanahan, Jill M. Harrison
Journal of Natural Resources & Environmental Law
No abstract provided.
"They Would Do As They Pleased, As They Had The Power": Gender Violence And The American Settler-Colonial Project, 1830-1890, Noelle Iati
Women's History Theses
This thesis investigates the role of gender violence and sexual terror in westward settler expansion of the United States in the nineteenth century. I posit that gender violence was not simply a symptom of war and colonization, but an integral piece of the American colonization strategy. Using studies of three locations during three different periods, I have found that the local, territorial, state, and federal governments all actively deployed sexual assault and other forms of gendered terror as methods of removing Indigenous peoples to reservations and rancherías, opening their lands to settlement and resource exploitation for the purpose of acquiring …
Cash Back: A Yellowhead Institute Red Paper, Shiri Pasternak, Naiomi Metallic, Yumi Numata, Anita Sekharan, Jasmyn Galley, Samuel Wong
Cash Back: A Yellowhead Institute Red Paper, Shiri Pasternak, Naiomi Metallic, Yumi Numata, Anita Sekharan, Jasmyn Galley, Samuel Wong
Reports & Public Policy Documents
Picking up from Land Back, the first Red Paper by Yellowhead about the project of land reclamation, Cash Back looks at how the dispossession of Indigenous lands created a dependency on the state due to the loss of economic livelihood. Cash Back is about restitution from the perspective of stolen wealth.
From Canada’s perspective, the value of Indigenous lands rests on what can be extracted and commodified. The economy has been built on the transformation of Indigenous lands and waterways into corporate profit and national power. In place of their riches in territory, Canada set up for First Nations a …
Who Are The Métis? The Role Of Free, Prior And Informed Consent In Identifying A Métis Rights-Holder, Karen Drake
Who Are The Métis? The Role Of Free, Prior And Informed Consent In Identifying A Métis Rights-Holder, Karen Drake
Articles & Book Chapters
The rise of the duty to consult and accommodate has generated an increase in Indigenous-industry agreements. For proponents tasked with carrying out the procedural aspects of the duty, Indigenous-industry agreements offer relative certainty compared to the ambiguity involved in determining whether the duty has been legally satisfied. For Indigenous peoples, although the drawbacks of Indigenous-industry agreements are well documented, these agreements can potentially instantiate the principle of free, prior and informed consent. Compared to First Nation and Inuit peoples, though, Métis rights-holders are entering into comparatively fewer Indigenous-industry agreements.One cause of this phenomenon is the supposed uncertainty surrounding the question …
Marking The Path Post-Cotton: The Supreme Court Reaffirms Dual Taxation In Montana V. Crow Tribe Of Indians, Heather G. Pennington
Marking The Path Post-Cotton: The Supreme Court Reaffirms Dual Taxation In Montana V. Crow Tribe Of Indians, Heather G. Pennington
Journal of Natural Resources & Environmental Law
No abstract provided.
Ohkay Owingeh Pueblo Tribal Court Handbook (2021), Tribal Law Journal Staff
Ohkay Owingeh Pueblo Tribal Court Handbook (2021), Tribal Law Journal Staff
Tribal Law Journal
This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.
Equity Over Equality: Equal Protection And The Indian Child Welfare Act, Lucy Dempsey
Equity Over Equality: Equal Protection And The Indian Child Welfare Act, Lucy Dempsey
Washington and Lee Law Review Online
In 2018, a Texas District Court shocked the nation by declaring the Indian Child Welfare Act (ICWA) unconstitutional pursuant to the Equal Protection Clause of the U.S. Constitution. The decision was overturned by the Fifth Circuit but may well be appealed to the U.S. Supreme Court. The ICWA provides a framework for the removal and placement of Indian children into foster and adoptive homes in such a way that attempts to reflect the unique values of Indian culture and supports the autonomy of the tribe. In doing so, the law treats Indian children differently than it would White children. But …
Civil Procedure Update 2021 (Handout And Slide Deck), Verónica Gonzales-Zamora, Julio C. Romero
Civil Procedure Update 2021 (Handout And Slide Deck), Verónica Gonzales-Zamora, Julio C. Romero
Faculty Scholarship
This presentation aims to 1) review recent amendments to the state and federal rules of civil procedure; 2) help you understand the impact of recent federal and state published opinions interpreting and applying the rules of civil procedure; and 3) assess your understanding of the updates.
Preview—Yellen V. Confederated Tribes Of The Chehalis Reservation: Whether Alaska Native Corporations Are Eligible For Cares Act Relief Payments, Allison Barnwell
Preview—Yellen V. Confederated Tribes Of The Chehalis Reservation: Whether Alaska Native Corporations Are Eligible For Cares Act Relief Payments, Allison Barnwell
Public Land & Resources Law Review
The Supreme Court of the United States will hear oral arguments in this matter on Monday, April 19, 2021, telephonically, at 10 a.m. Solicitor General Elizabeth B. Prelogar will likely argue for the United States Department of Treasury. Paul D. Clement will likely appear for the Petitioner Alaska Native Village Corporation Association. Riyaz A. Kanji will likely argue for the Confederated Tribes of the Chehalis, and Jeffrey S. Rasmussen will likely appear for the Ute Indian Tribe of the Uintah and Ouray Reservation.
Preview— Montana And Wyoming V. Washington: The Commerce Clause And The Clean Water Act Collide Over Coal Exports, Rachel L. Wagner
Preview— Montana And Wyoming V. Washington: The Commerce Clause And The Clean Water Act Collide Over Coal Exports, Rachel L. Wagner
Public Land & Resources Law Review
The Supreme Court of the United States has not scheduled oral arguments for this matter. In October 2020, the Court asked for the federal government’s views on the case but has not yet decided whether it will exercise its jurisdiction over the challenge.
Indigenous Dignity And The Right To Be Forgotten, Trevor Reed
Indigenous Dignity And The Right To Be Forgotten, Trevor Reed
BYU Law Review
No abstract provided.
When Imitation Is Not Flattery: Addressing Cultural Exploitation In Guatemala Through A Sui Generis Model, Paul Figueroa
When Imitation Is Not Flattery: Addressing Cultural Exploitation In Guatemala Through A Sui Generis Model, Paul Figueroa
Faculty Scholarship
Indigenous Guatemalan weavers are fighting for intellectual property laws that better protect their designs and other cultural expressions. The exploitation and appropriation by local and international companies has negatively affected the weavers’ livelihoods and resulted in culturally inappropriate uses of spiritual and traditional symbols. Adhering to Western ideals of individual creativity and utility, intellectual property laws in most of the world (including Guatemala) are not suited to protect indigenous creations. To address this legal gap, some countries have adopted sui generis legal regimes that align with communal notions of creation, ownership and stewardship found in indigenous knowledge systems. Based on …