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Full-Text Articles in Law

Treaties As A Tool For Native American Land Reparations, Hannah Friedle May 2023

Treaties As A Tool For Native American Land Reparations, Hannah Friedle

Northwestern Journal of Human Rights

"The only compensation for land is land."1

Hundreds of treaties signed. Hundreds of treaties broken. The juvenile United States grew in size as independent Native nations ceded their territory through treaties. Thirsting for more land, the United States broke its promises and continued its manifest destiny westward. And what of tribes’ treaty rights to land? Some Native nations received financial compensation for treaty violations. But money is crumbs to many whose traditional homelands are still colonized.

Tribes are entitled to the land promised to them under treaties—instruments supposedly carrying the force of federal law. Land reparations are a partial …


Combating Climate Change And Increasing Tribal Co-Management, Monte Mills Apr 2023

Combating Climate Change And Increasing Tribal Co-Management, Monte Mills

Presentations

This concurrent session provided an overview of how Tribes are working to combat the ever present threat of climate change and the move toward increasing Tribal-co management of lands and waters throughout the country. The session included a discussion of the Department of the Interior’s work to implement Secretarial Order 3403 on Fulfilling the Trust Responsibility to Indian Tribes in the Stewardship of Federal Lands and Waters.


Burning Questions: Changing Legal Narratives On Cannabis In Indian Country, Robin M. Rotman, Sam J. Carter Jan 2023

Burning Questions: Changing Legal Narratives On Cannabis In Indian Country, Robin M. Rotman, Sam J. Carter

Faculty Publications

In the not-so-distant past, thoughts of Cannabis legalization in the United States were radical. In the present day, the narratives around Cannabis are changing. The term “present day” affixes this Article to early 2023, a snapshot in time. To understand the current legal narratives surrounding Cannabis, and what they might become in the future, it is important to examine the history of Cannabis law and policy in United States. This Article begins by discussing Cannabis regulation in the United States, from the rise of federal regulation to the gradual deregulation by states with tacit federal consent. The Article then examines …


States Versus Tribes: The Problem Of Multiple Taxation Of Non-Indian Oil And Gas Leases On Indian Reservations, Erin Marie Erhardt Jan 2014

States Versus Tribes: The Problem Of Multiple Taxation Of Non-Indian Oil And Gas Leases On Indian Reservations, Erin Marie Erhardt

American Indian Law Review

No abstract provided.


Indian Land Claims: Sherrill And The Impending Legacy Of The Doctine Of Laches, Patrick W. Wandres Jan 2006

Indian Land Claims: Sherrill And The Impending Legacy Of The Doctine Of Laches, Patrick W. Wandres

American Indian Law Review

No abstract provided.


The Land Must Hold The People: Native Modes Of Territoriality And Contemporary Tribal Justifications For Placing Land Into Trust Through 25 C.F.R Part 151, Padraic I. Mccoy Jan 2003

The Land Must Hold The People: Native Modes Of Territoriality And Contemporary Tribal Justifications For Placing Land Into Trust Through 25 C.F.R Part 151, Padraic I. Mccoy

American Indian Law Review

No abstract provided.


The Reinvigoration Of The Doctrine Of Implied Repeals: A Requiem For Indigenous Treaty Rights, David E. Wilkins Jan 1999

The Reinvigoration Of The Doctrine Of Implied Repeals: A Requiem For Indigenous Treaty Rights, David E. Wilkins

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

America's indigenous nations occupy a distinctive political within the United States as separate sovereigns whose rights in the doctrine of inherent tribal sovereignty, affirmed in hundreds of ratified treaties and agreements, acknowledged in the Commerce the U.S. Constitution, and recognized in ample federal legislation case law. Ironically, while indigenous sovereignty is neither ally defined or delimited, it may be restricted or enhanced by One could argue, then, that indeterminacy or inconsistency of the tribal-federal political/legal relationship.


Tribal-State Affairs: American States As 'Disclaiming' Sovereigns, David E. Wilkins Jan 1998

Tribal-State Affairs: American States As 'Disclaiming' Sovereigns, David E. Wilkins

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

The history of tribal-state political relations has been contentious from the beginning of the republic. As a result of these tensions, the relationship of tribal nations and the federal government was federalized when the U.S. Constitution was ratified in 1788. Thus, a number of states, especially in the West, were required in their organic acts and constitutions to forever disclaim jurisdiction over Indian property and persons. This article analyzes these disclaimer clauses, explains the factors that have enabled the states to assume some jurisdictional presence in Indian Country, examines the key issues in which disclaimers continue to carry significant weight, …


[Introduction To] American Indian Sovereignty And The U.S. Supreme Court: The Masking Of Justice, David E. Wilkins Jan 1997

[Introduction To] American Indian Sovereignty And The U.S. Supreme Court: The Masking Of Justice, David E. Wilkins

Bookshelf

"Like the miner's canary, the Indian marks the shift from fresh air to poison gas in our political atmosphere and our treatment of Indians, even more than our treatment of other minorities, reflects the rise and fall in our democratic faith, wrote Felix S. Cohen, an early expert in Indian legal affairs.

In this book, David Wilkins charts the "fall in our democratic faith" through fifteen landmark cases in which the Supreme Court significantly curtailed Indian rights. He offers compelling evidence that Supreme Court justices selectively used precedents and facts, both historical and contemporary, to arrive at decisions that have …


Our Land Is What Make Us Who We Are: Timber Harvesting On Tribal Reservations After Nifrma, Darla J. Mondou Jan 1997

Our Land Is What Make Us Who We Are: Timber Harvesting On Tribal Reservations After Nifrma, Darla J. Mondou

American Indian Law Review

No abstract provided.


County Of Yakima V. Confederated Tribes & Bands Of The Yakima Indian Nation: State Taxation As A Means Of Diminishing The Tribal Land Base, Christopher A. Karns Jan 1993

County Of Yakima V. Confederated Tribes & Bands Of The Yakima Indian Nation: State Taxation As A Means Of Diminishing The Tribal Land Base, Christopher A. Karns

American University Law Review

No abstract provided.


Undermining Tribal Land Use Regulatory Authority: Brendale V. Confederated Tribes, Jessica S. Gerrard Jan 1990

Undermining Tribal Land Use Regulatory Authority: Brendale V. Confederated Tribes, Jessica S. Gerrard

Seattle University Law Review

The Allotment Act of 1887 diminished tribal regulatory authority over Indian reservation land use. While the Act provided for alienation of reservation land to non-Indians, it did not terminate the reservation status of alienated land. Hence, a question which repeatedly arises is whether Indians can control land use on non-Indian owned reservation land. This Note traces the historical basis of Indian regulatory authority over non-Indians, examines the Supreme Court's latest decision in Brendale, and then exposes the weaknesses of that decision.


State Acquisition Of Interests In Indian Land: An Overview, Blake A. Watson Jan 1982

State Acquisition Of Interests In Indian Land: An Overview, Blake A. Watson

American Indian Law Review

No abstract provided.


Zoning: Controlling Land Use On The Checkerboard: The Zoning Powers Of Indian Tribes After Montana V. United States, Jane E. Scott Jan 1982

Zoning: Controlling Land Use On The Checkerboard: The Zoning Powers Of Indian Tribes After Montana V. United States, Jane E. Scott

American Indian Law Review

No abstract provided.


Indian Claims In The Beds Of Oklahoma Watercourses, Michael M. Gibson Jan 1976

Indian Claims In The Beds Of Oklahoma Watercourses, Michael M. Gibson

American Indian Law Review

No abstract provided.