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Indigenous, Indian, and Aboriginal Law Commons

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Brigham Young University Law School

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Articles 31 - 44 of 44

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

The Reservation Gambling Fury: Modern Indian Uprising Or Unfair Restraint On Tribal Sovereignty?, Brian M. Greene Mar 1996

The Reservation Gambling Fury: Modern Indian Uprising Or Unfair Restraint On Tribal Sovereignty?, Brian M. Greene

Brigham Young University Journal of Public Law

No abstract provided.


Essay: Power And Presumptions; Rules And Rhetoric; Institutions And Indian Law, Deborah A. Geier Sep 1994

Essay: Power And Presumptions; Rules And Rhetoric; Institutions And Indian Law, Deborah A. Geier

BYU Law Review

No abstract provided.


In The Best Interest: The Adoption Of F.H., An Indian Child, Ivy N. Voss May 1993

In The Best Interest: The Adoption Of F.H., An Indian Child, Ivy N. Voss

Brigham Young University Journal of Public Law

No abstract provided.


State V. Perank: Is The Uintah-Ouray Reservation ''Nailed Down Upon The Border"?, David R. Williams Nov 1992

State V. Perank: Is The Uintah-Ouray Reservation ''Nailed Down Upon The Border"?, David R. Williams

BYU Law Review

No abstract provided.


Two Sides Of The Same Coin: The Potential Normative Power Of American Cities And Indian Tribes, Kevin J. Worthen Jan 1991

Two Sides Of The Same Coin: The Potential Normative Power Of American Cities And Indian Tribes, Kevin J. Worthen

Faculty Scholarship

People do not normally associate cities with Indian reservations. The mental images typically conjured by each term are radically different. Perhaps for that reason, few think of city governments and tribal governments in similar terms.

However, the two forms of government - cities and Indian reservations - have many things in common. Both are excluded from the federal constitutional framework. Both are subject to the plenary power of one of the constitutionally recognized governments - cities to the state government, tribes to the federal government. Both are the most intimate form of government with which most of their residents are …


Sword Or Shield: The Past And Future Impact Of Western Legal Thought On American Indian Sovereignty (Reviewing Robert A. Williams Jr., The American Indian In Western Legal Thought (1990)), Kevin J. Worthen Jan 1991

Sword Or Shield: The Past And Future Impact Of Western Legal Thought On American Indian Sovereignty (Reviewing Robert A. Williams Jr., The American Indian In Western Legal Thought (1990)), Kevin J. Worthen

Faculty Scholarship

No abstract provided.


Shedding New Light On An Old Debate: A Federal Indian Law Perspective On Congressional Authority To Limit Federal Question Jurisdiction, Kevin J. Worthen Jan 1990

Shedding New Light On An Old Debate: A Federal Indian Law Perspective On Congressional Authority To Limit Federal Question Jurisdiction, Kevin J. Worthen

Faculty Scholarship

Examining the ongoing debate concerning congressional power to eliminate federal court jurisdiction over cases arising under federal law from thefederal Indian law viewpoint allows consideration of the issues in a concrete setting. Experience under the Indian Civil Rights Act during the last twenty years indicates that some federal review of actions arising under federal law is needed if the command of the supremacy clause is to be fully effectuated. At the same time, it indicates that a uniform interpretation of that federal law is not essential to the enforcement of the clause. This examination thus provides support for the distributive …


Indian Treaties And Their Abrogation By Statutes Of General Applicability: A Not-Entirely Nonpartisan Essay On "Quiet" Abrogations, "Actual" Consideration, And The Unhappy Reception Given United States V. Dion, Robert Laurence Sep 1989

Indian Treaties And Their Abrogation By Statutes Of General Applicability: A Not-Entirely Nonpartisan Essay On "Quiet" Abrogations, "Actual" Consideration, And The Unhappy Reception Given United States V. Dion, Robert Laurence

BYU Law Review

No abstract provided.


Who Is An Indian?: Duro V. Reina's Examination Of Tribal Sovereignty And Criminal Jurisdiction Over Nonmember Indians, Patricia Owen Mar 1988

Who Is An Indian?: Duro V. Reina's Examination Of Tribal Sovereignty And Criminal Jurisdiction Over Nonmember Indians, Patricia Owen

BYU Law Review

No abstract provided.


Monroe G. Mckay And American Indian Law: In Honor Of Judge Mckay's Tenth Anniversary On The Federal Bench, Erik M. Jensen Nov 1987

Monroe G. Mckay And American Indian Law: In Honor Of Judge Mckay's Tenth Anniversary On The Federal Bench, Erik M. Jensen

BYU Law Review

No abstract provided.


Federal Preemption Of State Authority To Tax Non-Indian Mineral Development On Indian Lands, S. David Colton Nov 1982

Federal Preemption Of State Authority To Tax Non-Indian Mineral Development On Indian Lands, S. David Colton

BYU Law Review

No abstract provided.


Doing Business On An Indian Reservation: Can The Non-Indian Enforce His Contract With The Tribe?, Richard M. Grimsrud May 1981

Doing Business On An Indian Reservation: Can The Non-Indian Enforce His Contract With The Tribe?, Richard M. Grimsrud

BYU Law Review

No abstract provided.


Tribal Sovereignty And The Supreme Court's 1977-1978 Term Nov 1978

Tribal Sovereignty And The Supreme Court's 1977-1978 Term

BYU Law Review

No abstract provided.


Indian Law-Criminal Jurisdiction-Tribal Courts Have Criminal Jurisdiction Over Non-Indian - Oliphant V. Schlie, Morris D. Linton May 1977

Indian Law-Criminal Jurisdiction-Tribal Courts Have Criminal Jurisdiction Over Non-Indian - Oliphant V. Schlie, Morris D. Linton

BYU Law Review

No abstract provided.