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Indigenous, Indian, and Aboriginal Law Commons™
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- Scholarly Articles in Law Reviews & Journals (27)
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Articles 31 - 60 of 71
Full-Text Articles in Indigenous, Indian, and Aboriginal Law
Creating Space For Reservation Growth, Ezra Rosser
Creating Space For Reservation Growth, Ezra Rosser
Scholarly Articles in Law Reviews & Journals
This brief article is a review of Robert J. Miller, Reservation "Capitalism": Economic Development in Indian Country (2012). It highlights some of the significant points Miller makes in his book and concludes that the book is a "must read" for those interested in reservation economic development.
Tribes, Land, And The Environment, 1d, Sarah Krakoff, Ezra Rosser
Tribes, Land, And The Environment, 1d, Sarah Krakoff, Ezra Rosser
Books
Legal and environmental concerns related to Indian law and tribal lands remain an understudied branch of both indigenous law and environmental law. Native American tribes have a far more complex relationship with the environment than is captured by the stereotype of Indians as environmental stewards. Meaningful tribal sovereignty requires that non-Indians recognize the right of Indians to determine their own relationship to the land and the environment. But tribes do not exist in a vacuum: in fact they are deeply affected by off-reservation activities and, similarly, tribal choices often have effects on nearby communities. This book brings together diverse essays …
An Idea Of American Indian Land Justice: Examining Native Land Liberation In The New Progressive Era, Richael Faithful
An Idea Of American Indian Land Justice: Examining Native Land Liberation In The New Progressive Era, Richael Faithful
Celebrating WCL Student Authors
This article is inspired by Professor Robert Odawi Porter’s remarks during the 2009 D.C. Federal Indian Bar conference in which he outlined a seemingly radical proposal for “land liberation” for American Indian tribes – the abandonment of United States trusteeship over tribal land, and return of title and associated rights to numerous tribes who have lost their land due to nefarious governmental policies and bad deals. In an effort to bridge Porter’s visionary legal viewpoint with renowned economist and philosopher, Amartya Sen’s recent visionary contribution on justice, An Idea of American Indian Land Justice, helps revive an Indian law, critical …
Ahistorical Indians And Reservation Resources, Ezra Rosser
Ahistorical Indians And Reservation Resources, Ezra Rosser
Scholarly Articles in Law Reviews & Journals
The article is an in-depth exploration of the impacts of an Indian tribe's decision to pursue an environmentally destructive form of economic development. The history of Navajo Nation's coal leasing provides the background for the tribe's recent proposal to build a coal-fired power plant and the controversies surrounding the proposal and the environmental review process.
Could Litigation Help Torres Strait Islanders Deal With Climate Impacts?, Donna Green, Kirsty Ruddock
Could Litigation Help Torres Strait Islanders Deal With Climate Impacts?, Donna Green, Kirsty Ruddock
Sustainable Development Law & Policy
No abstract provided.
Assumptions Regarding Indians And Judicial Humility: Thoughts From A Property Law Lens, Ezra Rosser
Assumptions Regarding Indians And Judicial Humility: Thoughts From A Property Law Lens, Ezra Rosser
Scholarly Articles in Law Reviews & Journals
Negative assumptions regarding Indians can be found in the recent decisions of the U.S. Supreme Court, and attention to these assumptions is required if courts are to base their decisions on how Indians and non-Indians actually impact each other. This brief article uses a property and liability rules framework to argue for judicial restraint when considering cases that could limit tribal sovereignty.
The Religious Freedom Restoration Act And Protection Of Native American Religious Practices, Jason Gubi
The Religious Freedom Restoration Act And Protection Of Native American Religious Practices, Jason Gubi
The Modern American
No abstract provided.
Protecting Non-Indians From Harm? The Property Consequences Of Indians, Ezra Rosser
Protecting Non-Indians From Harm? The Property Consequences Of Indians, Ezra Rosser
Scholarly Articles in Law Reviews & Journals
This article is an exploration of the assumption, last made by the U.S. Supreme Court in City of Sherrill v. Oneida Indian Nation of New York, that non-Indian property owners are harmed by Indian acquisition and control of land. Accepting for the moment the Court's prioritization of a non-Indian perspective, the article explores (a) what lies behind non-Indian resistance to Indian land ownership, and (b) whether in fact non-Indians are harmed by proximity to Indian land. The article combines in its analysis core property law concepts with an empirical examination of the changes over time in assessed land value of …
Customary Law: The Way Things Were, Codified, Ezra Rosser
Customary Law: The Way Things Were, Codified, Ezra Rosser
Scholarly Articles in Law Reviews & Journals
Frequently referred to as customary law, the unique traditions and customs of different Native American tribes are cited by their tribal courts as authoritative and binding law. The recent use of customary law as a mechanism for deciding individual cases is not uniform among tribal court systems as it differs depending upon which tribe's judges are working to place custom into contemporary judicial analysis. Understanding the present role of customary law in tribal law requires first understanding the nature of customary law and then understanding how it is being used. The effect of customary law is dependent upon the place …
Obligations Of Privilege, Ezra Rosser
Obligations Of Privilege, Ezra Rosser
Scholarly Articles in Law Reviews & Journals
Little attention is paid to the nature of the high incomes of the rich or to the legal or norm-based obligations the rich owe society. This popular and scholarly inattention reflects the general acceptance of the idea that the rich have earned their high incomes and owe society little. By looking at income equations revealing society's role in high incomes and the obligations of the rich, the Article urges a strengthening of the obligations of the rich and rejects the argument that the legal community ought not consider the moral demands associated with high incomes.
Inter-American System, Diego Rodriguez-Pinzon
Inter-American System, Diego Rodriguez-Pinzon
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Inter-American System, Diego Rodriguez-Pinzon
Inter-American System, Diego Rodriguez-Pinzon
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Choosing Tribal Law: Why State Choice-Of-Law Principles Should Apply To Disputes With Tribal Contacts, Katherine J. Florey
Choosing Tribal Law: Why State Choice-Of-Law Principles Should Apply To Disputes With Tribal Contacts, Katherine J. Florey
American University Law Review
The Supreme Court has, in recent years, developed a detailed set of rules governing whether cases with tribal contacts should be heard in a state or tribal forum. It is therefore all the more remarkable that courts considering such cases have devoted almost no attention to the question of which law should apply once a forum has been chosen. Instead, courts have broadly assumed, without explicit consideration of the issue, that the forum in which the case is brought will apply its own law. Where state courts are concerned, two problems exist with this approach. First, the assumption that state …
Rural Housing And Code Enforcement: Navigating Between Values And Housing Types, Ezra Rosser
Rural Housing And Code Enforcement: Navigating Between Values And Housing Types, Ezra Rosser
Scholarly Articles in Law Reviews & Journals
This paper focuses on the relationship between rural housing and building codes. The paper covers the relationship between the existing urban based literature on housing conditions and the rural housing situation as well as a theoretical exploration of different ways of understanding value in housing. Finally, two rural case studies - the Navajo Nation and a small Colorado subdivision - illustrate the challenges of rural housing code enforcement and demonstrate how officials could benefit from the model.
The Moiwana Village Case, Claudia Martin
The Moiwana Village Case, Claudia Martin
Scholarly Articles in Law Reviews & Journals
Moiwana Village is the second case to be decided by the Inter-American Court on Human Rights against Suriname in which the victims are members of an ethnic community that descends from'Bush Negroes' or 'Maroons', namely escaped former slaves who established new autonomous communities in the eastern part of Suriname. In contrast to its prior judgment, in Moiwana the Court shows a striking evolution in its case law regarding the treatment of ethnic or group rights. This approach, which may be traced back to previous case law on the rights of indigenous communities, affords an enhanced protection to members of an …
Caution, Cooperative Agreements, And The Actual State Of Things: A Reply To Professor Fletcher, Ezra Rosser
Caution, Cooperative Agreements, And The Actual State Of Things: A Reply To Professor Fletcher, Ezra Rosser
Scholarly Articles in Law Reviews & Journals
This short article argues that tribal governments considering entering into cooperative agreements with federal, state, or local governments ought to maintain a healthy skepticism regarding the non-tribal governments sitting across from them at the negotiating table and the appropriateness of entering into cooperative agreements.
Save A Hunter, Shoot A Hmong, Aimee J. Baldillo, Jeanette Mendy, Vincent A. Eng
Save A Hunter, Shoot A Hmong, Aimee J. Baldillo, Jeanette Mendy, Vincent A. Eng
The Modern American
No abstract provided.
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.
American Indian And Alaskan Native Health Care Today: The United States Government's Disparate Treatment Leaves Tribal People Trailing , Deborah Broken Rope
American Indian And Alaskan Native Health Care Today: The United States Government's Disparate Treatment Leaves Tribal People Trailing , Deborah Broken Rope
The Modern American
No abstract provided.
Surviving Racism And Sexual Assault: American Indian Women Left Unprotected, Talib Ellison
Surviving Racism And Sexual Assault: American Indian Women Left Unprotected, Talib Ellison
The Modern American
No abstract provided.
The Legal Fiction Of The Lake Matchimanitou Indian School, Matthew L.M. Fletcher
The Legal Fiction Of The Lake Matchimanitou Indian School, Matthew L.M. Fletcher
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Inter-American System, Diego Rodriguez-Pinzon
Inter-American System, Diego Rodriguez-Pinzon
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Trade-Off Between Self-Determination And The Trust Doctrine: Tribal Government And The Possibility Of Failure, Ezra Rosser
The Trade-Off Between Self-Determination And The Trust Doctrine: Tribal Government And The Possibility Of Failure, Ezra Rosser
Scholarly Articles in Law Reviews & Journals
This paper argues that tribes and scholars need to come to grips with the trade-off between trust and self-determination, and that failure to do so-by for example expressing a yearning that the trust doctrine was stronger-will lead to poor choices by tribes. Choices thus need to be based on an understanding of this trade-off and tribes must be aware that exercising self-determination inevitably will lead to a weakening of the trust doctrine over the areas which tribe's assume authority. This point is illustrated using a close analysis of the arguments used by the parties and the Supreme Court's treatment of …
The Nature Of Representation: The Cherokee Right To A Congressional Delegate, Ezra Rosser
The Nature Of Representation: The Cherokee Right To A Congressional Delegate, Ezra Rosser
Scholarly Articles in Law Reviews & Journals
This paper explores the history and present day implications of the Cherokee Nation's 1835 treaty-based right to a Congressional Delegate.
This Land Is My Land, This Land Is Your Land: Markets And Institutions For Economic Development On Native American Reservations, Ezra Rosser
Scholarly Articles in Law Reviews & Journals
This paper presents the current land regime and nature of economic development found on most Native American reservations, drawing predominantly from the Navajo Nation. It then considers the situation according to (1) neo-classical economics and (2) New Institutional Economics (NIE). The paper begins with the paired assumptions that economic growth can and should reach reservations and that the U.S. and tribal governments can improve upon past performance and institutional arrangements. Policy solutions to reservation commercial and light industrial underdevelopment, corresponding to each economic perspective in turn, are then discussed. The paper broadens the range of policy options available to tribes …
Indigenous People's Right To Free, Prior And Informed Consent And The World Bank's Extractive Industries Review, Fergus Mackay
Indigenous People's Right To Free, Prior And Informed Consent And The World Bank's Extractive Industries Review, Fergus Mackay
Sustainable Development Law & Policy
No abstract provided.
Perceived Challenges To Recognition On Prior And Informed Consent Of Indigenous Peoples And Other Local Communities: The Experiences Of The Inter-American Development Bank, Anne Deruyttere
Sustainable Development Law & Policy
No abstract provided.
Balancing Indigenous Rights And A State's Right To Develop In Latin America: The Inter-American Rights Regime And Ilo Convention 169, David C. Baluarte
Balancing Indigenous Rights And A State's Right To Develop In Latin America: The Inter-American Rights Regime And Ilo Convention 169, David C. Baluarte
Sustainable Development Law & Policy
No abstract provided.
Indigenous Peoples' Free Prior And Informed Consent In The Inter-American Human Rights System, Alex Page
Indigenous Peoples' Free Prior And Informed Consent In The Inter-American Human Rights System, Alex Page
Sustainable Development Law & Policy
No abstract provided.
Indigenous Peoples’ Rights To Land, Territories, And Natural Resources: A Technical Meeting Of The Oas Working Group, Osvaldo Kreimer
Indigenous Peoples’ Rights To Land, Territories, And Natural Resources: A Technical Meeting Of The Oas Working Group, Osvaldo Kreimer
Human Rights Brief
No abstract provided.