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Full-Text Articles in Law
Reflections On The Restatement Of The Law Of American Indians, Matthew L.M. Fletcher
Reflections On The Restatement Of The Law Of American Indians, Matthew L.M. Fletcher
Washington Law Review
No abstract provided.
Muskrat Textualism, Matthew L.M. Fletcher
Muskrat Textualism, Matthew L.M. Fletcher
Northwestern University Law Review
The Supreme Court decision McGirt v. Oklahoma, confirming the boundaries of the Creek Reservation in Oklahoma, was a truly rare case in which the Court turned back arguments by federal and state governments in favor of American Indian and tribal interests. For more than a century, Oklahomans had assumed that the reservation had been terminated and acted accordingly. But only Congress can terminate an Indian reservation, and it simply had never done so in the case of the Creek Reservation. Both the majority and dissenting opinions attempted to claim the mantle of textualism, but their respective analyses led to …
Icwa’S Irony, Marcia A. Yablon-Zug
Icwa’S Irony, Marcia A. Yablon-Zug
Faculty Publications
The Indian Child Welfare Act (ICWA) is a federal statute that protects Indian children by keeping them connected to their families and culture. The Act’s provisions include support for family reunification, kinship care preferences, cultural competency considerations and community involvement. These provisions parallel national child welfare policies. Nevertheless, the Act is relentlessly attacked as a law that singles out Indian children for unique and harmful treatment. This is untrue but, ironically, it will be if challenges to the ICWA are successful. To prevent this from occurring, the defense of the Act needs to change. For too long, this defense has …
Rethinking Protections For Indigenous Sacred Sites, Stephanie H. Barclay, Michalyn Steele
Rethinking Protections For Indigenous Sacred Sites, Stephanie H. Barclay, Michalyn Steele
Journal Articles
Meaningful access to sacred sites is among the most important principles to the religious exercise of Indigenous peoples, yet tribes have been repeatedly thwarted by the federal government in their efforts to vindicate this practice of their religion. The colonial, state, and federal governments of this Nation have been desecrating and destroying Native American sacred sites since before the Republic was formed. Unfortunately, the callous destruction of Indigenous sacred sites is not just a troubling relic of the past. Rather, the threat to sacred sites and cultural resources continues today in the form of spoliation from development, as well as …
August 2016 - August 2017 Case Law On American Indians, Thomas P. Schlosser
August 2016 - August 2017 Case Law On American Indians, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
Swinomish Indian Tribal Community V. Bnsf Railway Co. And Its Effect On Litigation Challenging Bia’S New Rights-Of-Way Regulations, Kaelen Brodie
Swinomish Indian Tribal Community V. Bnsf Railway Co. And Its Effect On Litigation Challenging Bia’S New Rights-Of-Way Regulations, Kaelen Brodie
American Indian Law Journal
No abstract provided.
Justice Scalia And Tonto Fistfight In Heaven, Ray Martin
Justice Scalia And Tonto Fistfight In Heaven, Ray Martin
American Indian Law Journal
No abstract provided.
The Master's Tools: Tribal Sovereignty And Tribal Self-Governance Contracting/Compacting, Danielle Delaney
The Master's Tools: Tribal Sovereignty And Tribal Self-Governance Contracting/Compacting, Danielle Delaney
American Indian Law Journal
No abstract provided.
No Connection: The Issue Of Internet On The Reservation, Emily S. Donnellan
No Connection: The Issue Of Internet On The Reservation, Emily S. Donnellan
American Indian Law Journal
No abstract provided.
Icra Habeas Corpus Relief: A New Habeas Jurisprudence For The Post-Oliphant World?, Hunter Cox
Icra Habeas Corpus Relief: A New Habeas Jurisprudence For The Post-Oliphant World?, Hunter Cox
American Indian Law Journal
No abstract provided.
Case Law On American Indians: August 2015—August 2016, Thomas P. Schlosser
Case Law On American Indians: August 2015—August 2016, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
Imaginary Lines, Real Consequences: The Effect Of The Militarization Of The United States-Mexico Border On Indigenous Peoples, Joseph Kowalski
Imaginary Lines, Real Consequences: The Effect Of The Militarization Of The United States-Mexico Border On Indigenous Peoples, Joseph Kowalski
American Indian Law Journal
No abstract provided.
Criminal Justice In Indian Country, M. Alexander Pearl
Criminal Justice In Indian Country, M. Alexander Pearl
Faculty Publications
This Article examines the role played by different enacted legislation on California’s Indian tribes criminal justice system. For centuries, tribal governments were the only entities with criminal jurisdiction in Indian Country. In 1883, the Supreme Court in Ex parte Kan-Gi-Shun-Ka (Ex parte Crow Dog) confirmed that a crime committed by an Indian against another Indian did not give rise to federal jurisdiction. In response, Congress passed the Major Crimes Act, granting federal authorities the power to investigate, enforce, and prosecute certain crimes occurring in Indian Country. The federal statutes creating federal jurisdiction did not preclude tribal jurisdiction, but states …
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.
American Indian Law Meets The Internal Revenue Code: Warbus V. Commissioner, Erik M. Jensen
American Indian Law Meets The Internal Revenue Code: Warbus V. Commissioner, Erik M. Jensen
Faculty Publications
This article examines a 1998 Tax Court decision, Warbus v. Commissioner, that has implications for both American Indian law and federal tax law. Section 7873 of the Internal Revenue Code exempts from taxation amounts derived by American Indian tribal members from fishing-rights related activit[ies] of their tribes. Taxpayer Warbus claimed that discharge of indebtedness income from the foreclosure of his fishing boat qualified for the exclusion; the Tax Court said no. The author argues that Warbus was wrongly decided for two reasons: the court failed to take account of basic principles of American Indian law, and the court misapplied the …
Demanding A Voice In Our Own Best Interest: A Call For A Delegate Of The Cherokee Nation To The United States House Of Representatives, Jack Blair
American Indian Law Review
No abstract provided.
American Indian Law Review: Purposes And Goals Revisited, Robert A. Fairbanks
American Indian Law Review: Purposes And Goals Revisited, Robert A. Fairbanks
American Indian Law Review
No abstract provided.
The Future Course Of The Winters Doctrine, Richard B. Collins
The Future Course Of The Winters Doctrine, Richard B. Collins
Publications
No abstract provided.
Are The Pueblo Indians Too "Civilized" For Federal Indian Law?, Richard B. Collins
Are The Pueblo Indians Too "Civilized" For Federal Indian Law?, Richard B. Collins
Publications
No abstract provided.