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Indigenous, Indian, and Aboriginal Law Commons™
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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
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
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
The Native Hawaiian People And International Human Rights Law: Toward A Remedy For Past And Continuing Wrongs, S. James Anaya
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
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
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
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
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
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
From Askhabad, To Wellton-Mohawk, To Los Angeles: The Drought In Water Policy, David H. Getches
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
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
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
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
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
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
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
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
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
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
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
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
Indigenous Rights Norms In Contemporary International Law, S. James Anaya
Publications
No abstract provided.
In Memoriam: Prior Appropriation, 1848-1991, Charles F. Wilkinson
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
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
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
The Dispossession Of The Kansas Shawnee, John W. Ragsdale Jr
Faculty Works
No abstract provided.
A Critical Look At Wyoming Water Law, Mark Squillace
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
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
Land Tenure In The Pacific: The Context For Native Hawaiian Land Rights, Charles F. Wilkinson
Publications
No abstract provided.