Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 14 of 14

Full-Text Articles in Law

Dazzling The World: A Study Of India's Constitutional Amendment Mandating Reservations For Women On Rural Panchayats, Eileen Kaufman, Louise Harmon Dec 2010

Dazzling The World: A Study Of India's Constitutional Amendment Mandating Reservations For Women On Rural Panchayats, Eileen Kaufman, Louise Harmon

Louise Harmon

No abstract provided.


Dazzling The World: A Study Of India's Constitutional Amendment Mandating Reservations For Women On Rural Panchayats, Eileen Kaufman, Louise Harmon Dec 2010

Dazzling The World: A Study Of India's Constitutional Amendment Mandating Reservations For Women On Rural Panchayats, Eileen Kaufman, Louise Harmon

Eileen Kaufman

No abstract provided.


Localism As A Production Imperative: An Alternative Framework To Promoting Intangible Cultural Heritage And Expressions Of Folklore, Jon M. Garon Oct 2010

Localism As A Production Imperative: An Alternative Framework To Promoting Intangible Cultural Heritage And Expressions Of Folklore, Jon M. Garon

Jon M. Garon

In the United States, the policy of localism – the legislative goal of fostering local community expression and competence to deliver local content – finds its home in the Telecommunications Act rather than either the Copyright Act or Trademark Act. Other nations have introduced values of localism into trade policy, content distribution rules, and international efforts to protect intangible cultural heritage and expressions of folklore.Jurisdictions in every continent are struggling to address the pressures of globalism through efforts to protect indigenous peoples’ and minority communities’ languages and culture. These efforts take many forms. Nations have introduced efforts to protect these …


Inherent Tribal Sovereignty And The Clean Water Act: The Effect Of Tribal Water Quality Standards On Non-Indian Lands Located Both Within And Outside Reservation Boundaries, Andrea K. Leisy Sep 2010

Inherent Tribal Sovereignty And The Clean Water Act: The Effect Of Tribal Water Quality Standards On Non-Indian Lands Located Both Within And Outside Reservation Boundaries, Andrea K. Leisy

Golden Gate University Law Review

This Comment briefly describes the background of federal Indian law in the United States, including the jurisdictional disputes between federal, state, and tribal interests. Part II also describes the EPA's Indian Policy to further illustrate the legal doctrines and policies that help shape current judicial opinions. Part III examines Albuquerque v. Browner, in which the Tenth Circuit upheld the EPA's approval of water quality standards for the Pueblo of Isleta, an Indian tribe whose reservation is located downstream from Albuquerque's wastewater treatment plant on the Rio Grande River. This section illustrates the EPA's proper interpretation of the CWA, within the …


Protecting Pocahontas's World: The Mattaponi Tribe's Struggle Against Virginia's King William Reservoir Project, Allison M. Dussias Sep 2010

Protecting Pocahontas's World: The Mattaponi Tribe's Struggle Against Virginia's King William Reservoir Project, Allison M. Dussias

Allison M Dussias

This article examines the efforts of the Mattaponi Tribe of Virginia to combat an environmentally destructive reservoir project that threatened sacred and archaeological sites and implicated tribal treaty rights, including fishing rights. The Tribe opposed the project through both the federal and state administrative approval process and litigation. The dispute over the reservoir highlights the difficulties that tribes have faced historically, and continue to face today, as they try to protect their rights to land, water, and subsistence resources.


Sacred And Profane: How Looters, Pothunters, And The Illicit Artifact Market Trammel Native American Cultural Identity, Bryan W. Wolford Mar 2010

Sacred And Profane: How Looters, Pothunters, And The Illicit Artifact Market Trammel Native American Cultural Identity, Bryan W. Wolford

Bryan W Wolford

The article examines the pervasiveness of the illicit Native American artifact market, the practices of looters and pothunters, and federal and state laws enacted to punish individuals who wrongfully obtain or deal in wrongfully obtained Native American cultural property. The first section of this Article delineates the structure and coverage of the Archaeological Resources Protection Act (ARPA). The second section describes the Native American Graves Protection and Repatriation Act (NAGPRA) and how the Act affects individuals. The third section explores different statutes that individual states have enacted to expand scope of the protection of federal laws regarding cultural property to …


Rest In Pieces?: How The Native American Graves Protection And Repatriation Act Threatens To Hinder The Study Of The First Americans, Bryan W. Wolford Mar 2010

Rest In Pieces?: How The Native American Graves Protection And Repatriation Act Threatens To Hinder The Study Of The First Americans, Bryan W. Wolford

Bryan W Wolford

The manuscript explores the competing views of the Native Americans who seek to preserve the sanctity of their beliefs and traditions and the scientists who strive to learn about the first humans to call the Americas home. Part II chronicles the expanding theories about the First Americans and the routes they traveled millennia ago that led to the occupation of North and South America. Part III introduces and describes the provisions of the Native American Graves Protection and Repatriation Act of 1990 (NAGPRA) while Part IV discusses NAGPRA’s application through two important federal cases. Part V delineates the application of …


Research In Native American Communities In The Genetics Age: Can The Federal Data Sharing Statute Of General Applicability And Tribal Control Of Research Be Reconciled?, Ron J. Whitener Feb 2010

Research In Native American Communities In The Genetics Age: Can The Federal Data Sharing Statute Of General Applicability And Tribal Control Of Research Be Reconciled?, Ron J. Whitener

Ron J. Whitener

Since colonization, the populations indigenous to the United States of America have been an enticing subject for researchers of all types. Geographic continuity with traditional homelands and traceable blood quantum requirements for tribal membership provide a unique connection to the past for researchers studying a broad array of topics from epidemiology to religion. In recent years, the explosion of discoveries in the field of genomic research has led to even greater interest in the United States’ Native communities by both commercial and scientific interests. Firms have sprung up offering genetic tests claiming the ability to detect Native American Ancestry. National …


When Canons Go To War In Indian Country, Guess Who Wins? Barrett V. United States: Tax Canons And Canons Of Construction In The Federal Taxation Of American Indians, John Lentz Jan 2010

When Canons Go To War In Indian Country, Guess Who Wins? Barrett V. United States: Tax Canons And Canons Of Construction In The Federal Taxation Of American Indians, John Lentz

American Indian Law Review

No abstract provided.


Teaching International Law: Lessons From Clinical Education: Introductory Remarks, Richard J. Wilson Jan 2010

Teaching International Law: Lessons From Clinical Education: Introductory Remarks, Richard J. Wilson

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Indian Law: Dangerous Gamble: Child Support, Casino Dividends, And The Fate Of The Indian Family, Marcia A. Yablon-Zug Jan 2010

Indian Law: Dangerous Gamble: Child Support, Casino Dividends, And The Fate Of The Indian Family, Marcia A. Yablon-Zug

Faculty Publications

No abstract provided.


Williams V. Lee (1959) - 50 Years Later: A Re-Assessment Of One Of The Most Important Cases In The Modern-Era Of Federal Indian Law, Dewi Ioan Ball Jan 2010

Williams V. Lee (1959) - 50 Years Later: A Re-Assessment Of One Of The Most Important Cases In The Modern-Era Of Federal Indian Law, Dewi Ioan Ball

Dewi Ioan Ball

It is 50 years since the landmark decision of Williams v. Lee was handed down by Justice Hugo Lafayette Black and the United States Supreme Court. At the time, the case was a watershed event that signified the legal resurgence of Native America in Federal Indian law and in particular, the renaissance of the Indian sovereignty doctrine, inherent tribal sovereignty and the principles of Worcester v. Georgia. There can be no doubt that the eloquently constructed opinion by Hugo Black brought positive news for all Native Americans, especially in light of the process of Termination that was being pursued by …


Federal Preemption: A Roadmap For The Application Of Tribal Law In State Courts, Jackie A. Gardina Jan 2010

Federal Preemption: A Roadmap For The Application Of Tribal Law In State Courts, Jackie A. Gardina

Jackie A Gardina

This Article contends state courts are not necessarily free to apply state law when the state court is exercising concurrent adjudicative jurisdiction with tribal courts. Indian law principles of pre-emption direct state courts to apply tribal law in certain cases. A guiding principle emerges; if a tribe has legislative jurisdiction over the dispute then tribal law ordinarily must be applied. In these instances, a state’s laws, including its choice of law rules, are preempted by federal common law because their application interferes with the federal government’s and the tribe’s interest in promoting tribal self-government, including the tribe’s ability to create …


Anticipating De Soto: Allotment Of Indian Reservations And The Dangers Of Land-Titling, Ezra Rosser Jan 2010

Anticipating De Soto: Allotment Of Indian Reservations And The Dangers Of Land-Titling, Ezra Rosser

Ezra Rosser

This chapter uses the disastrous allotment experience of Indian tribes to question the transformative power of land-titling for the poor as advocated by Hernando de Soto. For Indians, allotment era land-titling resulted in loss of land and hardship, all reflective of non-Indian desires for the land and an unwillingness to acknowledge the rights of Indians to govern themselves. The chapter ends with a brief discussion of the champas of El Salvador and the potential loss in terms of housing for the poor if de Soto’s ideas are implemented without some protection against sales to the wealthy.