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Indigenous, Indian, and Aboriginal Law Commons™
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Articles 1 - 30 of 56
Full-Text Articles in Indigenous, Indian, and Aboriginal Law
The Supreme Court's Legal Culture War Against Tribal Law, Matthew L.M. Fletcher
The Supreme Court's Legal Culture War Against Tribal Law, Matthew L.M. Fletcher
Intercultural Human Rights Law Review
Indian tribes have long governed themselves in a manner that developed far different than the Anglo-American legal system. Many indigenous cultures relied upon an oral tradition, inextricably intertwined with their languages, to make the ways of their people known. In these cultures, social mores tied to the geographies of traditional territories developed to ensure a form of law and order, and social control existed sufficient to maintain the societies. Many indigenous cultures had written laws as well. These rules survived after contact with the European nations and survive today in modified form. As indigenous societies reacted, changed, and sometimes all …
Preserving Our Seminole Heritage: The Mission Of The Ah-Tah-Thi-Ki Museum, Billy Cypress
Preserving Our Seminole Heritage: The Mission Of The Ah-Tah-Thi-Ki Museum, Billy Cypress
St. Thomas Law Review
I enjoyed listening to the first two speakers, and I think that they had provided us with a lot of information, and that is very good. I had heard that St. Thomas University had a symposium on sovereignty of indigenous tribes, and though it is the first time I have come to this program, I know that, for some years good people have come by, tribal people from other places have come here and have talked at this university. This university is so fortunate to have such a forum on tribal sovereignty and to be able to enjoy it right …
The Ayllu: The Basic Social Unit Of The Aymara People, Tomas Alarcon
The Ayllu: The Basic Social Unit Of The Aymara People, Tomas Alarcon
St. Thomas Law Review
The Aymara People have inhabited this Earth since time immemorial. Their civilization dates back to 1200 B.C., and their culture was based in the ancient city of Tiwanaku, between 400 and 1000 AD. Since its organization, the dwellers of this great city have endured and resisted conquest by the Inca empire, the Spanish, and the modem states surrounding Lake Titicaca. The Aymara now live in the Andes within the borders of Peru, Bolivia, Chile and Argentina.Their territory is an altiplano or plateau, Poopo, in the region surrounding Lake Titicaca at 4,000 meters above sea level. The Aymara ancestors selected this …
The Concepts Of Self-Determination And Autonomy Of Indigenous Peoples In The Draft United Nations Declaration On The Rights Of Indigenous Peoples, Erica-Irene A. Daes
The Concepts Of Self-Determination And Autonomy Of Indigenous Peoples In The Draft United Nations Declaration On The Rights Of Indigenous Peoples, Erica-Irene A. Daes
St. Thomas Law Review
Susan J. Ferrell Keynote Address by Vis. Prof. Dr. Erica-Irene A. Daes, Chairperson of the UN Working Group on Indigenous Populations.
The Recognition Of Indigenous Peoples' And Community Traditional Knowledge In International Law, Rosemary J. Coombe
The Recognition Of Indigenous Peoples' And Community Traditional Knowledge In International Law, Rosemary J. Coombe
St. Thomas Law Review
Today I want to explore some of the international law-making efforts with respect to indigenous and traditional environmental knowledge. My work over the past three years has involved the study of the ongoing efforts underway to implement state obligations under the Convention on Biological Diversity ("CBD"), and the related efforts of the World Intellectual Property Organization (WIPO), to recognize, protect, and compensate for the contributions of indigenous and traditional communities' knowledge, innovations, and practices to the preservation and maintenance of biological diversity. This is a fascinating process of international lawmaking and an increasingly important field of global politics, which may …
Independent Traditional Seminole Nation: Defending Our Heritage And Our Land, Bobby Billie
Independent Traditional Seminole Nation: Defending Our Heritage And Our Land, Bobby Billie
St. Thomas Law Review
Let me identify my people and myself. In Florida, there are the Seminole Tribe, Incorporated and the Miccosukee Tribe, Incorporated. We have kept the tradition of the Independent Traditional Seminole Nation of Florida. We have not given up our land, our way of life, and our traditions. We have never signed a peace treaty, we never accepted a government handout, we did not accept anything. We try to maintain the gift of the Creator's way of life. We believe it gives us continuously the way of life. Nobody has to recognize us as to who we are as long as …
Exercising Self-Determination Without Jeopardising The Rights Of The Others: The Catalan Model, Puig I. Scotoni
Exercising Self-Determination Without Jeopardising The Rights Of The Others: The Catalan Model, Puig I. Scotoni
St. Thomas Law Review
I have entitled my remarks "Exercising self-determination without jeopardising the rights of the others: the Catalan model."' This is because present day Catalan nationalism strives to make the interests of Catalonia compatible with those of Spain and the European Union. In my opinion, such political restraint and flexibility is one of the most remarkable aspects of the Catalan model.
Making Sense Out Of Nevada V. Hicks: A Reinterpretation, Alex Tallchief Skibine
Making Sense Out Of Nevada V. Hicks: A Reinterpretation, Alex Tallchief Skibine
St. Thomas Law Review
This article will first, summarize the law as it was before Hicks and second, focus on the various concurring opinions found in Hicks. Then, it will analyze the nature of the tribal right to exclude in an attempt to reconcile the results reached by the U.S. Supreme Court in terms of federalist principles. The article continues by arguing that Hicks can be conceived of as a special case requiring a clear statement from Congress before tribal jurisdiction can be judicially acknowledged. Finally, the article concludes by debating whether tribal powers, having been judicially divested, can be resuscitated through legislation, and …
Sacred Sites And Modern Lives: The Miami Circle And Beyond, Franklyn M. Casale
Sacred Sites And Modern Lives: The Miami Circle And Beyond, Franklyn M. Casale
St. Thomas Law Review
It is with great pleasure that I welcome you all to our Fifth Tribal Sovereignty Symposium. This year's main concern is a very local one, but one with national and international implications. Its title is "Sacred Sites and Modem Lives: The Miami Circle and Beyond." We are very proud that St. Thomas University is the location for such an important discussion that will have significant impact in our community and beyond.
Things Not Spoken: The Burial Of Native American History, Law And Culture, Rennard Strickland
Things Not Spoken: The Burial Of Native American History, Law And Culture, Rennard Strickland
St. Thomas Law Review
The theme of this conference, "Sacred Sites and Modem Lives," is important not only for Native Americans but for all Americans. Indeed, the relationship between indigenous peoples and their traditional homelands is an issue of global significance. Throughout the world we are hearing what Dr. Erica-Irene A. Daes called "the voice of loneliness and self-destruction." What D. H. Lawrence called the spirit of the ghost of aboriginal peoples. It is a ghost with an increasingly haunting and strident voice.
Sovereignty And Sacred Land, Bardie C. Wolfe Jr., Oren Lyons
Sovereignty And Sacred Land, Bardie C. Wolfe Jr., Oren Lyons
St. Thomas Law Review
I was pleased to come down here for several reasons: one being that my son is down here and I get a chance to say hello to him, and the other, to talk about the importance of not only sacred sites but the term sovereignty; tribal sovereignty. We know that sovereignty is an English term, a European term. It deals with sovereigns; it deals with kings; it deals with those who control everything. Sovereignty is something we learn from being in contact with these nations for so long, I think that the Haudenosaunee, also known as the Iroquois by the …
The Indispensable Function Of The Sacred, Erica-Irene A. Daes
The Indispensable Function Of The Sacred, Erica-Irene A. Daes
St. Thomas Law Review
Distinguished elders, scholars and guests, I am greatly honored by your invitation to present the Susan J. Ferrell keynote address at this important gathering. It is, of course, particularly appropriate that we meet together on this very timely topic in the city of Miami, location of one of the more recent (and, I am happy to say, successful) struggles to protect the heritage of indigenous peoples, and that we meet at the invitation of Professor Weissner, who played a significant role in that struggle.
Protection Of Cultural Heritage Found On Private Land: The Paradigm Of The Miami Circle And Regulatory Takings Doctrine After Lucas, Patty Gerstenblith
Protection Of Cultural Heritage Found On Private Land: The Paradigm Of The Miami Circle And Regulatory Takings Doctrine After Lucas, Patty Gerstenblith
St. Thomas Law Review
In Part I, this article will first review the development of protection in the United States for archaeological sites, including particularly Native American burials. In Part II, this article will analyze current Supreme Court and lower court jurisprudence concerning regulatory takings, particularly in the aftermath of the Supreme Court's 1992 decision, Lucas v. South Carolina Coastal Council, in order to determine what would be the permissible extent of regulation and protection of archaeological sites located on private land and the disposition of objects found in such sites and burials. Part III examines the extent to which current state statutes protect …
Sovereignty In Spiritual Perspective, Perry Horse
Sovereignty In Spiritual Perspective, Perry Horse
St. Thomas Law Review
When my forebears entered the Twentieth Century one hundred years ago they were dispirited because of what was lost. Gone was the old religion of K'caawT'doh (the Medicine Lodge). Gone were the On'gma Peenh (our own food), i.e., the buffalo. Gone were the days of a free, independent lifestyle. Gone was the old economy of self-sufficiency, hunting, and trade. All that was left was our native language, remnants of our aboriginal territory, our traditions and beliefs, and many of the old songs, dances, and rituals. The last century was one of transition for the Kiowas as well as all other …
Forces Of Light: The Spiritual Battle For The Miami Circle, Geeta Sacred Song
Forces Of Light: The Spiritual Battle For The Miami Circle, Geeta Sacred Song
St. Thomas Law Review
The land is my body, the water my blood. The wind is my nourishment, the fire my spirit. On the sacred path, we relate to every thing. We are deeply appreciative of all creation. Every thing is living and breathing, and every thing is a reason to rejoice. Therefore, every thing needs to be in its proper order, and when it is not, we must defend it. It is not that we want to defend it, we must defend it. I am sure that everyone here feels that they have a job, a job to be a student, to be …
Grounded Visions: Native American Conceptions Of Landscapes And Ceremony, Russel L. Barsh
Grounded Visions: Native American Conceptions Of Landscapes And Ceremony, Russel L. Barsh
St. Thomas Law Review
When the first wild strawberries flowered, my friend Chris Jocks, a Mohawk professor of comparative religion at Dartmouth, took his students to meet me at the old beaver pond on Thetford Hill. As the sun set behind a warm sprinkling of rain, we sat on top of the beaver dam and listened to successive waves of croaking, roaring, warbling, chirping, and hooting. "In the beginning," we explained that ''the Beaver made the world out of mud from the bottom of the waters. All the animals came and thanked the Creator. That is the way it was, and the way it …
The Miami Circle And Beyond, Bobby C. Billie
The Miami Circle And Beyond, Bobby C. Billie
St. Thomas Law Review
My name is Bobby C. Billie. I am the Spiritual Leader, and a Clan Leader of the Independent Traditional Seminole Nation of Florida. The Independent Traditional Seminole Nation of Florida has been organized under the Natural Law System and follows the Traditional Laws, and has been recognized under the Creator's Law. My grandpa was Ingraham Billie. His great, great, great grandpa was Sam Jones or Arpeika. These were two Leaders of my Nation over the past three hundred years. But there have been more beyond these three hundred years. Indigenous Natural People know and feel all Creation of the Earth …
Dean's Welcoming Remarks, John Makdisi
Dean's Welcoming Remarks, John Makdisi
St. Thomas Law Review
I also would like to welcome you to this wonderful conference the fifth that has been sponsored at this school. As many of you know, I am new to the school, but my friendship with the director and with the co-host of this conference extend back many years to the time I was in Tulsa, Oklahoma. At that time, I had the good fortune to meet Professor Seigfried Wiessner, the director, and Professor Kirke Kickingbird, our co-host. Tulsa hosted a Sovereignty Symposium every year, and it was then that I was introduced to the mysteries and to the sacredness and …
Welcoming Remarks, Joseph P. Farina
Welcoming Remarks, Joseph P. Farina
St. Thomas Law Review
Good morning. It is a personal privilege to be here today as a strong and compassionate supporter of this Conference, and to share this beginning of what will be a very important two days. I extend to you a most cordial welcome on behalf of the judiciary 111 judges of the Eleventh Judicial Circuit of Florida.
Tribal Governments And The Protection Of Watersheds And Wetlands In Indian Country, Dean B. Suagee
Tribal Governments And The Protection Of Watersheds And Wetlands In Indian Country, Dean B. Suagee
St. Thomas Law Review
This paper will focus on the protection of watersheds and wetlands within Indian country under the federal environmental scheme. In section II, we discuss the authorization of tribal programs under the Clean Water Act (CWA) and Safe Drinking Water Act (SDWA). In section III, we provide a detailed discussion of the programmatic and legal developments in tribal implementation of the water quality standards programs under the CWA. Section IV discusses EPA's authority to directly implement the CWA and SDWA in Indian country. In Section V, we summarize EPA's strategy to create partnerships with tribes to protect water resources in Indian …
Florida's War On Indian Gaming: An Attack On Tribal Sovereignty, Jerry C. Straus
Florida's War On Indian Gaming: An Attack On Tribal Sovereignty, Jerry C. Straus
St. Thomas Law Review
In 1988 Congress passed the Indian Gaming Regulatory Act (IGRA). The states, disappointed with certain aspects of the IGRA legislation, launched a war against Indian tribes to stop them from conducting the gaming which Congress had determined was a vital source of economic development for tribes and a proper exercise of tribal sovereignty. In 1994 governors from forty-nine states signed and sent a letter to Congress urging drastic revisions in the law purportedly to protect states' rights. To this day, every Session of Congress brings the introduction of legislation that would curtail or destroy Indian gaming rights. The states viewed …
The Miami Circle: Teacher Of Respect For Nature, People, History, And Place, Dennis Wiedman
The Miami Circle: Teacher Of Respect For Nature, People, History, And Place, Dennis Wiedman
St. Thomas Law Review
Cut into the limestone bedrock shore of the Miami River where it enters Biscayne Bay, the Miami Circle has captured local, state, national and international attention since its discovery in September 1998. This paper captures the information, insight, and cultural values expressed by the various contributors to the conference on "Sacred Sites and Modem Lives: The Miami Circle and Beyond." It highlights the lessons that enable us to better understand the significance of the Miami Circle's past, its present implications for the South Florida community, and visions of its future.
Will The Circle Be Unbroken--The Miami Circle Discovery And It's Significance For Urban Evolution And Protection Of Indigenous Culture, Pamela G. Levinson
Will The Circle Be Unbroken--The Miami Circle Discovery And It's Significance For Urban Evolution And Protection Of Indigenous Culture, Pamela G. Levinson
St. Thomas Law Review
A mysterious, ancient stone circle carved into limestone bedrock discovered on a downtown Miami bayfront lot has set a legal precedent for the world. The unique formation known as the Miami Circle has been saved by the exercise of the ultimate power of government - eminent domain. Thus its relevance stretches beyond the local struggle to save one ancient archaeological curiosity. Rather, it stands as a model for the preservation of similar archaeological structures and artifacts found on private lands, which up to now have been vulnerable to destruction. It also stands as a model of hope for other sites …
Remarks On Tribal History And Culture, Brian Patterson
Remarks On Tribal History And Culture, Brian Patterson
St. Thomas Law Review
There is a lot to be said in a matter of minutes regarding what has occurred in the past five-hundred years. As we talk about culture, I wonder: What exactly is culture? For what we have been given, for what we have been able to retain is an understanding of who we are as people, of the instructions the Creator has given to all of us on this good Mother Earth. So as we struggle in this day and age, we hear words such as religion, culture, heritage. In my young mind-relatively young-I wonder what this really means when what …
Chevron Doctrine In Federal Indian Law And The Agencies' Duty To Interpret Legislation In Favor Of Indians: Did The Epa Reconcile The Two In Interpreting The Tribes As States Section Of The Clean Water Act?, Alex Tallchief Skibine
Chevron Doctrine In Federal Indian Law And The Agencies' Duty To Interpret Legislation In Favor Of Indians: Did The Epa Reconcile The Two In Interpreting The Tribes As States Section Of The Clean Water Act?, Alex Tallchief Skibine
St. Thomas Law Review
Part II of the Article discusses whether there is an ambiguity in the CWA, and if so, whether the EPA should be given Chevron deference in its interpretation of the Act. After concluding that there is an ambiguity in the statute and that Chevron is applicable, this Article discusses what role, in the Chevron inquiry, should be played by the rule of statutory construction mandating that federal statutes enacted for the benefit of Indians be construed liberally with ambiguities resolved in their favor. This rule will be referred to as the Indian liberal construction rule. This Article takes the position …
Common Roots But Modern Divergences: Aboriginal Policies In Canada And The United States, Bradford W. Morse
Common Roots But Modern Divergences: Aboriginal Policies In Canada And The United States, Bradford W. Morse
St. Thomas Law Review
In this essay, I will attempt to provide an overview of some of the major issues that confront Aboriginal and non-Aboriginal Canadians in their search to forge a reconciliation that overcomes historic injustices committed upon the First Peoples of the land now known as Canada and to establish a new relationship built upon trust and mutual respect. I will also offer some insights on the negotiations underway acquired from the vantage point of someone who has served as a legal advisor to many First Nations and Aboriginal organizations for sixteen years, followed by three years as chief of staff to …
The Legal Adventures Of Fortunate Eagle: The Activist Formerly Known As Adam Nordwall, Adam Fortunate Eagle
The Legal Adventures Of Fortunate Eagle: The Activist Formerly Known As Adam Nordwall, Adam Fortunate Eagle
St. Thomas Law Review
No abstract provided.
Tribal Chair's Perspective On Inherent Sovereignty, Billy Evans Horse, Luke E. Lassiter
Tribal Chair's Perspective On Inherent Sovereignty, Billy Evans Horse, Luke E. Lassiter
St. Thomas Law Review
No abstract provided.
Humanity And Humaneness: Communities Coming Together On Issues Of Human Relations To Achieve Social Justice For Indigenous Peoples, Harry Lee Anstead
Humanity And Humaneness: Communities Coming Together On Issues Of Human Relations To Achieve Social Justice For Indigenous Peoples, Harry Lee Anstead
St. Thomas Law Review
No abstract provided.
Tribal Sovereignty In The Twenty-First Century, Lawrence Hart
Tribal Sovereignty In The Twenty-First Century, Lawrence Hart
St. Thomas Law Review
No abstract provided.