Open Access. Powered by Scholars. Published by Universities.®
Indigenous, Indian, and Aboriginal Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (285)
- University of Oklahoma College of Law (15)
- University of Colorado Law School (12)
- BLR (11)
- University of Michigan Law School (10)
-
- American University Washington College of Law (7)
- Schulich School of Law, Dalhousie University (7)
- Washington and Lee University School of Law (7)
- University of Montana (4)
- University of Nebraska - Lincoln (4)
- Roger Williams University (3)
- University of Georgia School of Law (3)
- University of Missouri-Kansas City School of Law (3)
- University of Southern Maine (3)
- William & Mary Law School (3)
- Florida A&M University College of Law (2)
- Florida International University College of Law (2)
- Mitchell Hamline School of Law (2)
- North Carolina Central University School of Law (2)
- Osgoode Hall Law School of York University (2)
- Pepperdine University (2)
- St. Mary's University (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- University of Maine School of Law (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- University of Washington School of Law (2)
- American University in Cairo (1)
- Association of American Law Schools (1)
- Brigham Young University Law School (1)
- California State University, Monterey Bay (1)
- Keyword
-
- Native Americans (19)
- Law (15)
- Indigenous (12)
- Civil Rights and Discrimination (11)
- Indian and Aboriginal Law (11)
-
- Jurisdiction (11)
- Discrimination (10)
- Indian Civil Rights Act (10)
- Racism (10)
- Civil rights (9)
- Constitutional Law (9)
- Affirmative Action (8)
- Indigenous peoples (8)
- Law and Society (8)
- Race (8)
- Tribal sovereignty (8)
- Climate change (7)
- Diversity (7)
- Environmental justice (7)
- Equality (7)
- Human Rights Law (7)
- Indian (7)
- Native American (7)
- SFFA (7)
- Sovereignty (7)
- Tribal law (7)
- Arctic (6)
- Courts (6)
- ESG (6)
- International Law (6)
- Publication Year
- Publication
-
- Seattle University Law Review (191)
- American Indian Law Journal (68)
- Seattle Journal for Social Justice (26)
- ExpressO (11)
- American Indian Law Review (10)
-
- Publications (6)
- The Climate of Environmental Justice: Taking Stock (March 16-17) (6)
- Faculty Articles (5)
- Washington and Lee Journal of Civil Rights and Social Justice (5)
- Michigan Journal of Race and Law (4)
- Scholarly Works (4)
- American University Journal of Gender, Social Policy & the Law (3)
- Articles, Book Chapters, & Popular Press (3)
- Faculty Works (3)
- Georgia Journal of International & Comparative Law (3)
- Maine Collection (3)
- Michigan Law Review (3)
- School of Law Conferences, Lectures & Events (3)
- Articles (2)
- Court Decisions (2)
- FIU Law Review (2)
- Faculty Scholarship (2)
- Florida A & M University Law Review (2)
- Maine Law Review (2)
- North Carolina Central Law Review (2)
- Osgoode Hall Law Journal (2)
- The Scholar: St. Mary's Law Review on Race and Social Justice (2)
- Washington Law Review (2)
- William & Mary Bill of Rights Journal (2)
- AALL Legal Website of the Month (1)
- Publication Type
Articles 391 - 420 of 429
Full-Text Articles in Indigenous, Indian, and Aboriginal Law
Spotlight On Jon Velie: Man On A Thirteen Year Mission, Lydia Edwards
Spotlight On Jon Velie: Man On A Thirteen Year Mission, Lydia Edwards
The Modern American
No abstract provided.
Tribes And Tribulations: Beyond Sovereign Immunity And Toward Reparation And Reconciliation For The Estelusti, Carla D. Pratt
Tribes And Tribulations: Beyond Sovereign Immunity And Toward Reparation And Reconciliation For The Estelusti, Carla D. Pratt
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Indian Mascot World Series Tied 1 - 1: Who Will Prevail As Champion?, Stacie L. Nicholson
Indian Mascot World Series Tied 1 - 1: Who Will Prevail As Champion?, Stacie L. Nicholson
American Indian Law Review
No abstract provided.
Tribes And Tribulations: Beyond Sovereign Immunity And Toward Reparation And Reconciliation For The Estelusti, Carla Pratt
Tribes And Tribulations: Beyond Sovereign Immunity And Toward Reparation And Reconciliation For The Estelusti, Carla Pratt
Faculty Articles
This Article advocates a form of micro-reparations for a limited class of African Americans--the Estelusti (black Indians). The Article seeks reparations in the form of racial healing not only from the United States Government, but also from one particular participant in African American slavery--Native American Indian Tribes. The Article begins by defining the theory of micro-reparations and providing the historical foundation which serves as the factual predicate to the claim that black Indians have for reparation. This part of the article establishes how the rule of hypo-descent or the "one drop rule" has served historically and presently to exclude black …
Considering Individual Religious Freedoms Under Tribal Constitutional Law, Kristen A. Carpenter
Considering Individual Religious Freedoms Under Tribal Constitutional Law, Kristen A. Carpenter
Publications
As American Indian nations revitalize their legal systems, there is renewed interest in "tribal law," that is, the law of each of the Indian nations. Today, there is a particular focus on the subject of "individual rights" under tribal law. In tribal contexts, people are highly interested in the legal institutions and rules that govern their lives, especially as many tribal communities are experiencing a period of great political, social, and economic change. At the national level, the Supreme Court repeatedly expresses concern about whether individuals, especially non-Indians, will be treated fairly in tribal court. For scholars, individual rights under …
Brown And Tee-Hit-Ton, Earl Maltz
Citizens Of An Enemy Land: Enemy Combatants, Aliens, And The Constitutional Rights Of The Pseudo-Citizen, Juliet P. Stumpf
Citizens Of An Enemy Land: Enemy Combatants, Aliens, And The Constitutional Rights Of The Pseudo-Citizen, Juliet P. Stumpf
ExpressO
No abstract provided.
Beyond Reparations: An American Indian Theory Of Justice, William C. Bradford
Beyond Reparations: An American Indian Theory Of Justice, William C. Bradford
ExpressO
The number of states, corporations, and religious groups formally disowning past records of egregious human injustice is mushrooming. Although the Age of Apology is a global phenomenon, the question of reparations—a tort-based mode of redress whereby a wrongdoing group accepts legal responsibility and compensates victims for the damage it inflicted upon them—likely consumes more energy, emotion, and resources in the U.S. than in any other jurisdiction. Since the final year of the Cold War, the U.S. and its political subdivisions have apologized or paid compensation to Japanese-American internees, native Hawaiians, civilians killed in the Korean War, and African American victims …
The Plight Of "Nappy-Headed" Indians: The Role Of Tribal Sovereignty In The Systematic Discrimination Against Black Freedmen By The Federal Government And Native American Tribes, Terrion L. Williamson
The Plight Of "Nappy-Headed" Indians: The Role Of Tribal Sovereignty In The Systematic Discrimination Against Black Freedmen By The Federal Government And Native American Tribes, Terrion L. Williamson
Michigan Journal of Race and Law
This Note concerns the role the government has played in the exclusion of Black Freedmen from Native American nations through its implementation and interpretation of the doctrine of tribal sovereign immunity ("tribal sovereignty" or "tribal immunity"). Part I discusses the background of the Freedmen within the Five Civilized Tribes and provides an overview of the doctrine of tribal sovereign immunity, including its role in the controversy concerning the status of Black Indians. Part II discusses the interpretations given to the doctrine of tribal sovereign immunity by United States courts and executive agencies and the effects of those interpretations on relations …
A Legacy Of Public Law 280: Comparing And Contrasting Minnesota’S New Rule For The Recognition Of Tribal Court Judgments With The Recent Arizona Rule, Kevin K. Washburn, Chloe Thompson
A Legacy Of Public Law 280: Comparing And Contrasting Minnesota’S New Rule For The Recognition Of Tribal Court Judgments With The Recent Arizona Rule, Kevin K. Washburn, Chloe Thompson
William Mitchell Law Review
Tribal court dockets across the country have been growing steadily, and tribal courts are becoming an important part of the judicial fabric of the United States. To acknowledge this reality, state courts and legislatures across the United States have begun to address the important issues of how and whether to recognize tribal court judgments in state courts. The Minnesota Supreme Court adopted a rule that took effect in January of 2004 that provides guidelines for the recognition and enforcement of tribal court orders and judgments. The Minnesota Supreme Court Rule on the Recognition and Enforcement of Tribal Court Orders and …
The Voting Rights Act In Indian Country: South Dakota, A Case Study, Laughlin Mcdonald
The Voting Rights Act In Indian Country: South Dakota, A Case Study, Laughlin Mcdonald
American Indian Law Review
No abstract provided.
Petitioner's Brief, Richard B. Collins
When The Law Breaks Down: Aboriginal Peoples In Canada And Governmental Defiance Of The Rule Of Law, Andrew J. Orkin
When The Law Breaks Down: Aboriginal Peoples In Canada And Governmental Defiance Of The Rule Of Law, Andrew J. Orkin
Osgoode Hall Law Journal
Comments on Aboriginal peoples, governmental defiance, and the breakdown of law and the balance between law's roles and limits.
Recognizing Substance: Adoptees And Affiliates Of Native American Tribes Claiming Free Exercise Rights
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Nullification Of Section 718.2(E): Aggravating Aboriginal Over-Representation In Canadian Prisons, Renee Pelletier
The Nullification Of Section 718.2(E): Aggravating Aboriginal Over-Representation In Canadian Prisons, Renee Pelletier
Osgoode Hall Law Journal
This article considers the disproportionate incarceration rate of Aboriginal offenders in Canadian prisons and the effectiveness of Parliament's attempts at alleviating this problem through the enactment of section 718.2(e) of the Criminal Code. This article focuses primarily on two recent Supreme Court of Canada decisions-R. v. Gladue and R. v. Wells. It is argued that the Court's narrow view of systemic factors, the Imitation it places on section 718.2(e) through its discussion of serious offences, as well as a number of practical problems inherent in the framework provided by the Court, strip the provision of its remedial intent. The article …
Fostering Equity And Diversity In The Nova Scotia Legal Profession, Douglas G. Ruck, Craig M. Garson, Robert G. Mackeigan, Carol A. Aylward, Innis Christie, Cora States, Candy Palmater, Douglas Keefe, Margaret Macdonald, Burnley A. (Rocky) Jones, Heidi Marshall, Heather Mcneill, Kelvin Gilpin, Judith Ferguson
Fostering Equity And Diversity In The Nova Scotia Legal Profession, Douglas G. Ruck, Craig M. Garson, Robert G. Mackeigan, Carol A. Aylward, Innis Christie, Cora States, Candy Palmater, Douglas Keefe, Margaret Macdonald, Burnley A. (Rocky) Jones, Heidi Marshall, Heather Mcneill, Kelvin Gilpin, Judith Ferguson
Innis Christie Collection
The Province of Nova Scotia has, for many years, attempted, through a variety of means, to address issues of diversity and affirmative action. However, despite the lessons of history there are still those who question the need for programs and policies that promote, encourage and enforce equality. Even though significant advances have been made on many fronts Nova Scotia continues to struggle with issues of inequality. As with many problems faced by society acknowledging the existence of the problem is the first step towards developing solutions.
Protecting The Sacred Sites Of Indigenous People In U.S. Courts: Reconciling Native American Religion And The Right To Exclude, Kevin J. Worthen
Protecting The Sacred Sites Of Indigenous People In U.S. Courts: Reconciling Native American Religion And The Right To Exclude, Kevin J. Worthen
Faculty Scholarship
The key to understanding current U. S. caselaw concerning the protection of Native American sacred sites is arguably found in the dissenting opinion of an eighteen-year old case involving not religious freedom, not sacred sites, and not cultural heritage - but the right of Indian tribes to impose severance taxes on non-tribal members who extract oil and gas from tribal lands. In Merrion v. Jicarilla Apache Tribe, Justice Stevens refused to join the majority’s conclusion that the inherent sovereignty of the Jicarilla Apache Tribe included the power to impose such a tax. In his view, a tribe’s authority to regulate …
Tribe V. Goss, 96-Ca-2228 (Blkft. Tr. Ct. App., June 25, 1997), Blackfeet Appellate Court
Tribe V. Goss, 96-Ca-2228 (Blkft. Tr. Ct. App., June 25, 1997), Blackfeet Appellate Court
Court Decisions
In the Blackfeet Tribal Court of Appeals, the Court noted that the Blackfeet Tribal Law and Order Code, Ch. 8, Sec. 3 and the Indian Civil Rights Act are violated when a defendant is tried in absentia, until such time as the Law and Order Code is amended to allow a trial without the defendant present.
The Courts, The Government, And Native Americans: The Politics And Jurisprudence Of Systematic Unfairness, Daniel T. Campbell
The Courts, The Government, And Native Americans: The Politics And Jurisprudence Of Systematic Unfairness, Daniel T. Campbell
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Eliminating Indian Stereotypes From American Society: Causes And Legal And Societal Solutions, Kim Chandler Johnson, John Terrence Eck
Eliminating Indian Stereotypes From American Society: Causes And Legal And Societal Solutions, Kim Chandler Johnson, John Terrence Eck
American Indian Law Review
No abstract provided.
Civil Liberties Constraints On Tribal Sovereignty After The Indian Civil Rights Act Of 1968, Robert Berry
Civil Liberties Constraints On Tribal Sovereignty After The Indian Civil Rights Act Of 1968, Robert Berry
Librarian Publications
The Indian Civil Rights Act of 1968 provided a legislative answer to the question of whether, and to what extent, fundamental civil liberties recognized in constitutional law should constrain federally recognized Indian Tribes in the exercise of their sovereign powers. In enacting this law, Congress weighed its desire to protect individuals from arbitrary and overly intrusive tribal actions against the tribes' interest in retaining their legal capacity to act as self-governing entities. Congress struck the balance between these two competing interests by drafting a bill of rights that reflected the particular circumstances of the tribes. The possibility of an appeal …
Native American Inmates And Prison Grooming Regulations: Today's Justified Scalps: Iron Eyes V. Henry, William Norman
Native American Inmates And Prison Grooming Regulations: Today's Justified Scalps: Iron Eyes V. Henry, William Norman
American Indian Law Review
No abstract provided.
Retreat From The Melting Pot: Cultural Pluralism And Public Policy, Douglas O. Linder
Retreat From The Melting Pot: Cultural Pluralism And Public Policy, Douglas O. Linder
Faculty Works
No abstract provided.
Indian Reservations And The Preservation Of Tribal Culture: Beyond Wardship To Stewardship, John W. Ragsdale Jr
Indian Reservations And The Preservation Of Tribal Culture: Beyond Wardship To Stewardship, John W. Ragsdale Jr
Faculty Works
No abstract provided.
Jim Crow, Indian Style: The Disenfranchisement Of Native Americans, Jeanette Wolfley
Jim Crow, Indian Style: The Disenfranchisement Of Native Americans, Jeanette Wolfley
American Indian Law Review
No abstract provided.
The Movement To Assimilate The American Indians: Jurisprudential Study, John W. Ragsdale Jr
The Movement To Assimilate The American Indians: Jurisprudential Study, John W. Ragsdale Jr
Faculty Works
In 1934, the United States made a revolutionary shift in Indian policy. Laws were passed that ended most assimilation measures and began, instead, a preservation and promotion of tribalism. Why did this happen? What changes in American thought, politics and economy could precipitate such a reversal? Felix Cohen, a former special assistant to the Attorney General, and known as the "Blackstone of American Indian Law," noted: "Like the miner's canary, the Indian marks the shifts 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 …
Civil Liberties Guarantees Under Tribal Law: A Survey Of Civil Rights Provisions In Tribal Constitutions, Elmer R. Rusco
Civil Liberties Guarantees Under Tribal Law: A Survey Of Civil Rights Provisions In Tribal Constitutions, Elmer R. Rusco
American Indian Law Review
No abstract provided.
The Indigent Defendant's Right To Psychiatric Assistance: Ake V. Oklahoma 470 U.S. 68 (1985), Kevin T. Smith
The Indigent Defendant's Right To Psychiatric Assistance: Ake V. Oklahoma 470 U.S. 68 (1985), Kevin T. Smith
North Carolina Central Law Review
No abstract provided.
Civil Liberties Guarantees When Indian Tribes Act As Majority Societies: The Case Of The Winnebago Retrocession, Charles F. Wilkinson
Civil Liberties Guarantees When Indian Tribes Act As Majority Societies: The Case Of The Winnebago Retrocession, Charles F. Wilkinson
Publications
No abstract provided.
American Indians And The Bicentennial, Richard B. Collins
American Indians And The Bicentennial, Richard B. Collins
Publications
No abstract provided.