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Articles 361 - 390 of 454

Full-Text Articles in Indigenous, Indian, and Aboriginal Law

The Public Lands And The National Heritage, Charles F. Wilkinson Jan 1996

The Public Lands And The National Heritage, Charles F. Wilkinson

Publications

No abstract provided.


Mohegan Indians V. Connecticut (1705-1773) And The Legal Status Of Aboriginal Customary Laws And Government In British North America, Mark D. Walters Oct 1995

Mohegan Indians V. Connecticut (1705-1773) And The Legal Status Of Aboriginal Customary Laws And Government In British North America, Mark D. Walters

Osgoode Hall Law Journal

This article examines the eighteenth century case of Mohegan Indians v. Connecticut in order to determine its significance for arguments about the legal status of Aboriginal customary law and government in British North America. The article concludes that the Mohegan case confirms that in certain circumstances native nations on reserved lands in British colonies were subject, not to colonial jurisdictions established for settlers, but to their own traditional customs and institutions. It also concludes that the case is less clear than some recent commentators have suggested about whether British law recognized such nations as having rights of sovereignty.


A Great Loneliness Of Spirit, Charles F. Wilkinson Jan 1995

A Great Loneliness Of Spirit, Charles F. Wilkinson

Publications

No abstract provided.


The Native Hawaiian People And International Human Rights Law: Toward A Remedy For Past And Continuing Wrongs, S. James Anaya Jan 1994

The Native Hawaiian People And International Human Rights Law: Toward A Remedy For Past And Continuing Wrongs, S. James Anaya

Publications

No abstract provided.


A Tale Of Two Rivers, Carol M. Rose May 1993

A Tale Of Two Rivers, Carol M. Rose

Michigan Law Review

A Review of The Green Cathedral: Sustainable Development of Amazonia by Juan de Onis and Nature Incorporated: Industrialization and the Waters of New England by Theodore Steinberg


The Repeal Of Article 8: Law, Government, And Cultural Politics At Akwesasne, William A. Starna Jan 1993

The Repeal Of Article 8: Law, Government, And Cultural Politics At Akwesasne, William A. Starna

American Indian Law Review

No abstract provided.


American Indian Influence On The United States Constitution And Its Framers, Robert J. Miller Jan 1993

American Indian Influence On The United States Constitution And Its Framers, Robert J. Miller

American Indian Law Review

No abstract provided.


The First Americans And The "Free" Exercise Of Religion, Martin C. Loesch Jan 1993

The First Americans And The "Free" Exercise Of Religion, Martin C. Loesch

American Indian Law Review

No abstract provided.


Defying Precedent: Can Abenaki Aboriginal Title Be Extinguished By The "Weight Of History"?, Gene Bergman Jan 1993

Defying Precedent: Can Abenaki Aboriginal Title Be Extinguished By The "Weight Of History"?, Gene Bergman

American Indian Law Review

No abstract provided.


Foreword: The Challenge Of Rio, David H. Getches Jan 1993

Foreword: The Challenge Of Rio, David H. Getches

Publications

No abstract provided.


From Askhabad, To Wellton-Mohawk, To Los Angeles: The Drought In Water Policy, David H. Getches Jan 1993

From Askhabad, To Wellton-Mohawk, To Los Angeles: The Drought In Water Policy, David H. Getches

Publications

No abstract provided.


Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches Jan 1993

Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches

Publications

Constitutional issues related to First Nations sovereignty have dominated Aboriginal affairs in Canada for a considerable period. The constitutional entrenchment of Aboriginal self-government has, however, received a setback with the recent failure of the Charlottetown Accord in October of 1992. Nonetheless, day-to-day issues must be accommodated, even while this more fundamental constitutional question remains unresolved. This paper illustrates the American experience with negotiated intergovernmental agreements between tribes and individual states. These agreements have, for example, resolved jurisdictional disputes over taxation, solid waste disposal, and law enforcement between state governments and tribal authorities. The author suggests that these intergovernmental agreements in …


Margery Hunter Brown: Teacher, Scholar, And First Citizen Of Montana, Charles F. Wilkinson Jan 1993

Margery Hunter Brown: Teacher, Scholar, And First Citizen Of Montana, Charles F. Wilkinson

Publications

No abstract provided.


Land Of Fire, Land Of Conquest: The Colorado Plateau And Some Questions For Its Future, Charles F. Wilkinson Jan 1993

Land Of Fire, Land Of Conquest: The Colorado Plateau And Some Questions For Its Future, Charles F. Wilkinson

Publications

No abstract provided.


A Contemporary Definition Of The International Norm Of Self-Determination, S. James Anaya Jan 1993

A Contemporary Definition Of The International Norm Of Self-Determination, S. James Anaya

Publications

No abstract provided.


Black Hills/White Justice: The Sioux Nation Versus The United States, Martin J. Lalonde May 1992

Black Hills/White Justice: The Sioux Nation Versus The United States, Martin J. Lalonde

Michigan Law Review

A Review of Black Hills/White Justice: The Sioux Nation Versus the United States by Edward Lazarus


The Legal Basis Of Aboriginal Title, Brian Slattery Jan 1992

The Legal Basis Of Aboriginal Title, Brian Slattery

Articles & Book Chapters

This paper considers a range of differing approaches to the question of Aboriginal land rights in the light of the judgment of the B.C. Supreme Court in the Delgamuukw case.


The American Indian In Western Legal Thought: The Discourses Of Conquest, Melissa L. Koehn May 1991

The American Indian In Western Legal Thought: The Discourses Of Conquest, Melissa L. Koehn

Michigan Law Review

A Review of The American Indian in Western Legal Thought: The Discourses of Conquest by Robert A. Williams, Jr.


Native Americans And The Constitution: The Original Understanding, Mark Savage Jan 1991

Native Americans And The Constitution: The Original Understanding, Mark Savage

American Indian Law Review

No abstract provided.


Finality In Indian Tribunal Decisions: Respecting Our Brothers' Vision, Michael M. Pacheco Jan 1991

Finality In Indian Tribunal Decisions: Respecting Our Brothers' Vision, Michael M. Pacheco

American Indian Law Review

No abstract provided.


Criminal Jurisdiction Over Nonmember Indians: The Legal Void After Duro V. Reina, Douglas B. Cubberley Jan 1991

Criminal Jurisdiction Over Nonmember Indians: The Legal Void After Duro V. Reina, Douglas B. Cubberley

American Indian Law Review

No abstract provided.


The Iroquois Great Law Of Peace And The United States Constitution: How The Founding Fathers Ignored The Clan Mothers, Renée Jacobs Jan 1991

The Iroquois Great Law Of Peace And The United States Constitution: How The Founding Fathers Ignored The Clan Mothers, Renée Jacobs

American Indian Law Review

No abstract provided.


Indigenous Rights Norms In Contemporary International Law, S. James Anaya Jan 1991

Indigenous Rights Norms In Contemporary International Law, S. James Anaya

Publications

No abstract provided.


In Memoriam: Prior Appropriation, 1848-1991, Charles F. Wilkinson Jan 1991

In Memoriam: Prior Appropriation, 1848-1991, Charles F. Wilkinson

Publications

No abstract provided.


To Feel The Summer In The Spring: The Treaty Fishing Rights Of The Wisconsin Chippewa, Charles F. Wilkinson Jan 1991

To Feel The Summer In The Spring: The Treaty Fishing Rights Of The Wisconsin Chippewa, Charles F. Wilkinson

Publications

In this Article, adapted from his Oliver Rundell Lecture delivered at the University of Wisconsin Law School in April 1990, Professor Charles Wilkinson explores the historical and contemporary conflict arising out of the Chippewa people's assertion of nineteenth century treaty fishing rights. A key to comprehending the Chippewa's position is a realization that they are governments whose sovereign rights predate the United States Constitution and are preserved in federal treaties and statutes. The Chippewa's survival as a people depends upon a recognition of their sovereign prerogatives, an understanding of their history, a respect for their dignity and a just application …


Our Nation's Energy And Resources - Decision Making In Conflict, 23 J. Marshall L. Rev. 197 (1990), Wallace H. Johnson Jan 1990

Our Nation's Energy And Resources - Decision Making In Conflict, 23 J. Marshall L. Rev. 197 (1990), Wallace H. Johnson

UIC Law Review

No abstract provided.


The Dispossession Of The Kansas Shawnee, John W. Ragsdale Jr Jan 1990

The Dispossession Of The Kansas Shawnee, John W. Ragsdale Jr

Faculty Works

No abstract provided.


A Critical Look At Wyoming Water Law, Mark Squillace Jan 1989

A Critical Look At Wyoming Water Law, Mark Squillace

Publications

No abstract provided.


Aldo Leopold And Western Water Law: Thinking Perpendicular To The Prior Appropriation Doctrine, Charles F. Wilkinson Jan 1989

Aldo Leopold And Western Water Law: Thinking Perpendicular To The Prior Appropriation Doctrine, Charles F. Wilkinson

Publications

No abstract provided.


Land Tenure In The Pacific: The Context For Native Hawaiian Land Rights, Charles F. Wilkinson Jan 1989

Land Tenure In The Pacific: The Context For Native Hawaiian Land Rights, Charles F. Wilkinson

Publications

No abstract provided.