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"[This] I Know From My Grandfather:" The Battle For Admissibility Of Indigenous Oral History As Proof Of Tribal Land Claims, Hope M. Babcock
"[This] I Know From My Grandfather:" The Battle For Admissibility Of Indigenous Oral History As Proof Of Tribal Land Claims, Hope M. Babcock
American Indian Law Review
A major obstacle indigenous land claimants must face is the applicationof federal evidentiary rules, like the hearsay doctrine, which block the useof oral history to establish legal claims. It is often oral history and storiesthat tribes rely upon as evidence to support their claims, reducingsubstantially the likelihood of a tribe prevailing. Indigenous oral historypresents unique challenges to judges when faced with its admissibility.Canadian courts have largely overcome these challenges by interpretingevidentiary rules liberally, in favor of the aborigines. As such, Canadianaborigines have enjoyed greater land claim success than indigenousclaimants in the United States, raising the question why United Statescourts do …
Post-Modern Hearsay Reform: The Importance Of Complexity, Christopher B. Mueller
Post-Modern Hearsay Reform: The Importance Of Complexity, Christopher B. Mueller
Publications
No abstract provided.
Meta-Evidence: Do We Need It?, Christopher B. Mueller
Meta-Evidence: Do We Need It?, Christopher B. Mueller
Publications
No abstract provided.