Open Access. Powered by Scholars. Published by Universities.®
Indigenous, Indian, and Aboriginal Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Environmental Law (193)
- Natural Resources Law (191)
- Administrative Law (181)
- Water Law (181)
- Land Use Law (178)
-
- Energy and Utilities Law (171)
- Cultural Heritage Law (169)
- Oil, Gas, and Mineral Law (169)
- Agriculture Law (163)
- Science and Technology Law (162)
- Animal Law (156)
- Law and Race (132)
- Constitutional Law (85)
- Civil Procedure (18)
- Jurisdiction (13)
- Family Law (12)
- Property Law and Real Estate (12)
- Criminal Law (11)
- Contracts (8)
- Estates and Trusts (6)
- Evidence (6)
- Housing Law (6)
- State and Local Government Law (6)
- Supreme Court of the United States (5)
- Torts (5)
- Agency (4)
- Arts and Humanities (4)
- Civil Law (4)
- Keyword
-
- Appeal (25)
- Due process (24)
- Family law (24)
- Custody (17)
- Indian Law (15)
-
- Criminal (13)
- Indian law (12)
- Civil procedure (10)
- Housing (10)
- Habeas corpus (9)
- ICRA (9)
- Jurisdiction (9)
- Montana (9)
- Climate change (8)
- Environmental law (8)
- Tribe (8)
- Dismiss (7)
- Divorce (7)
- Environment (7)
- Indian (7)
- Indian Civil Rights Act (7)
- Service (7)
- Tribal Law (7)
- Tribal sovereignty (7)
- Alexander Blewett III School of Law (6)
- Customary Law (6)
- EPA (6)
- Family (6)
- NEPA (6)
- Public Land & Resources Law Review (6)
- Publication Year
- Publication
- Publication Type
Articles 121 - 150 of 421
Full-Text Articles in Indigenous, Indian, and Aboriginal Law
Preview—United States V. Cooley: What Will Happen To The Thinnest Blue Line?, Jo J. Phippin
Preview—United States V. Cooley: What Will Happen To The Thinnest Blue Line?, Jo J. Phippin
Public Land & Resources Law Review
The Supreme Court of the United States ("Supreme Court") will hear oral arguments in this matter on Tuesday, March 23, 2021. This case presents the narrow issue of whether a tribal police officer has the authority to investigate and detain a non-Indian on a public right-of-way within a reservation for a suspected violation of state or federal law. The lower courts, holding that tribes have no such authority, granted James Cooley’s motion to suppress evidence. The Supreme Court must decide whether the lower courts erred in so deciding. While the issue before the Supreme Court is itself narrow, it has …
Calf Boss Ribs V. Blackfeet Tribal Court, 20-Ap-03 (Blkft. Tr. Ct. App., Feb. 16, 2021), Blackfeet Appellate Court
Calf Boss Ribs V. Blackfeet Tribal Court, 20-Ap-03 (Blkft. Tr. Ct. App., Feb. 16, 2021), Blackfeet Appellate Court
Court Decisions
In the Blackfeet Tribal Court of Appeals, the Court dismissed a motion for reconsideration of a lower court decision when new evidence was discovered by the appellant. The Court noted that the evidence must be presented to the lower court. The Appellate Court of the Blackfeet Nation will not overturn the Tribal Court’s judgement based upon factual findings unless a review of the entire record shows that such judgement was not supported by substantial evidence. Motion for reconsideration is dismissed. The case was remanded to the lower court for a new hearing and the Court advised the lower court to …
Incorporation By Any Other Name? Comparing Congress' Federalization Of Tribal Court Criminal Procedure With The Supreme Court's Regulation Of State Courts, Jordan Gross
Faculty Law Review Articles
This Article examines the different experience of states and tribes with uniform national standards of criminal procedure imposed by the federal government. Part I describes the federal government’s displacement of indigenous justice in service of colonialist political goals, a policy that has contributed to the public safety crisis in Indian country today. Part II explains the constitutional criminal procedure jurisprudence the Court developed for states on which Congress has modeled ICRA’s criminal procedure provisions. In TLOA and VAWA 2013, Congress recognized that restoring tribal autonomy over wrongdoing in Indian country must be part of the federal policy response to the …
Mcgirt Policy Briefs: Cultural Resources, Monte Mills
Mcgirt Policy Briefs: Cultural Resources, Monte Mills
Faculty Journal Articles & Other Writings
On July 9, 2020, the United States Supreme Court issued its decision in McGirt v. Oklahoma. Although the only actual effect of that decision was on Mr. McGirt’s state court criminal conviction, rendering it invalid in light of the continuing existence of the Muscogee (Creek) Nation’s reservation, the implications of McGirt reverberated throughout Oklahoma and the nation. By rejecting Oklahoma’s arguments that the march to statehood had resulted in the implicit disestablishment of the Creek’s reservation (and, by analogy, those of the neighboring and similarly situated Cherokee, Chickasaw, Choctaw, and Seminole Nations), Justice Gorsuch’s opinion on behalf of the Court’s …
Non-Indian Reservations, Joshua Matthew Rosenau
Non-Indian Reservations, Joshua Matthew Rosenau
Graduate Student Theses, Dissertations, & Professional Papers
This thesis is a skeptical treatment of the logical distinctions presumed to exist between “Indian” and “non-Indian” people. Despite representing 99 percent of the U.S. population, “non-Indians” represent a legal identity which has no explicit definition. The basis for the U.S. Supreme Court’s decisions regarding non-Indians and Indians rests not on any objective, empirical or logical criterion or proof, but rather on the “assumption of a ‘guardian-ward’ status. This thesis investigates this assumption, and recommends that we suspend judgment on whether the difference between “Indians” and “non-Indians” can be determined either by logical argument or by legal assumption.
Introduction, Rick Applegate
Asarco Llc V. Atlantic Richfield Co., Llc, Taylor A. Simpson
Asarco Llc V. Atlantic Richfield Co., Llc, Taylor A. Simpson
Public Land & Resources Law Review
In 2009, Asarco reached a settlement agreement with the Environmental Protection Agency for the arsenic-contaminated East Helena lead smelting facility. As part of the settlement, Asarco was responsible for $111.4 million in cleanup and remediation expenses. Following this payment, Asarco brought a contribution claim under the Comprehensive Environmental Response, Compensation, and Liability Act against Atlantic Richfield. Finally, in 2020, the Ninth Circuit Court of Appeals held that Asarco’s remediation expenses of $111.4 million were not eligible for contribution because the costs were not fully incurred. The Ninth Circuit stated that only incurred or concrete, non-speculative future costs can be eligible …
Mcgirt Policy Briefs: Regulation Of The Environment And Natural Resources, Monte Mills
Mcgirt Policy Briefs: Regulation Of The Environment And Natural Resources, Monte Mills
Faculty Journal Articles & Other Writings
On July 9, 2020, the United States Supreme Court issued its decision in McGirt v. Oklahoma. Although the only actual effect of that decision was on Mr. McGirt’s state court criminal conviction, rendering it invalid in light of the continuing existence of the Muscogee (Creek) Nation’s reservation, the implications of McGirt reverberated throughout Oklahoma and the nation. By rejecting Oklahoma’s arguments that the march to statehood had resulted in the implicit disestablishment of the Creek’s reservation (and, by analogy, those of the neighboring and similarly situated Cherokee, Chickasaw, Choctaw, and Seminole Nations), Justice Gorsuch’s opinion on behalf of the Court’s …
Mcgirt V. Oklahoma, Allison Barnwell
Mcgirt V. Oklahoma, Allison Barnwell
Public Land & Resources Law Review
The United States Supreme Court ruled that large areas of Oklahoma, including much of the City of Tulsa, are reservation land. The case arose from an Oklahoma state court’s conviction of Jimcy McGirt on several criminal offenses. Mr. McGirt argued the State of Oklahoma lacked jurisdiction to prosecute because he was an enrolled member of the Seminole Nation of Oklahoma and committed his crimes on the Creek Reservation. Under the Major Crimes Act, only the federal government has the power to try tribal members for crimes committed on reservation lands. In a five to four decision, the Court held that …
The Great Debate, Dorothy Bradley
The Great Debate, Dorothy Bradley
Public Land & Resources Law Review
No abstract provided.
Polly Holmes: When The Smoke Began To Clear, Hal Harper, Krys Holmes
Polly Holmes: When The Smoke Began To Clear, Hal Harper, Krys Holmes
Public Land & Resources Law Review
No abstract provided.
If You're Old Enough To Fight, You're Old Enough To Vote, Bob Brown
If You're Old Enough To Fight, You're Old Enough To Vote, Bob Brown
Public Land & Resources Law Review
No abstract provided.
Montana's Need For Change: A Historical Context For "To Make A Better Place.", Evan D. Barrett
Montana's Need For Change: A Historical Context For "To Make A Better Place.", Evan D. Barrett
Public Land & Resources Law Review
No abstract provided.
Earth Day 1970, Dorothy Bradley
Earth Day 1970, Dorothy Bradley
Public Land & Resources Law Review
No abstract provided.
Alice Creek — 1970 Montana Confronts The Copper Giant, James D. Moore
Alice Creek — 1970 Montana Confronts The Copper Giant, James D. Moore
Public Land & Resources Law Review
No abstract provided.
The Defence Of Necessity And Addressing Climate Change: A Canadian Case, David Gooderham
The Defence Of Necessity And Addressing Climate Change: A Canadian Case, David Gooderham
Public Land & Resources Law Review
No abstract provided.
Protecting Esa-Listed Bull Trout In The Face Of Climate Change: Can The Endangered Species Act And The Clean Water Act Do Their Part?, Jonathan Drake Ph.D J.D.
Protecting Esa-Listed Bull Trout In The Face Of Climate Change: Can The Endangered Species Act And The Clean Water Act Do Their Part?, Jonathan Drake Ph.D J.D.
Public Land & Resources Law Review
No abstract provided.
How The West Is Won: Advancing Water Law For Watershed Health, Laura Ziemer, Timothy Hawkes, Michelle Bryan, Kevin Rechkoff
How The West Is Won: Advancing Water Law For Watershed Health, Laura Ziemer, Timothy Hawkes, Michelle Bryan, Kevin Rechkoff
Public Land & Resources Law Review
No abstract provided.
Environmental Stewardship Of Public Lands? The Decline Of Westslope Cutthroat Trout Along The Eastern Slopes Of The Rocky Mountains In Alberta, Shawn C. Fluker, David W. Mayhood
Environmental Stewardship Of Public Lands? The Decline Of Westslope Cutthroat Trout Along The Eastern Slopes Of The Rocky Mountains In Alberta, Shawn C. Fluker, David W. Mayhood
Public Land & Resources Law Review
No abstract provided.
Bringing Back The Great Bear: Challenges And Opportunities Of Grizzly Restoration In The Northern Rockies, Thomas France Esq., Dan Brister Esq., Ms.
Bringing Back The Great Bear: Challenges And Opportunities Of Grizzly Restoration In The Northern Rockies, Thomas France Esq., Dan Brister Esq., Ms.
Public Land & Resources Law Review
No abstract provided.
The Other Non-Renewable Resource: Cultural Resource Protection In A Changing Energy Future, Wesley J. Furlong
The Other Non-Renewable Resource: Cultural Resource Protection In A Changing Energy Future, Wesley J. Furlong
Public Land & Resources Law Review
No abstract provided.
Epilogue: Progressive Populism’S Glory Days, Rick Applegate
Epilogue: Progressive Populism’S Glory Days, Rick Applegate
Public Land & Resources Law Review
No abstract provided.
The Black Book, Rob Raney
History Of The Coal Tax, Thomas E. Towe
History Of The Coal Tax, Thomas E. Towe
Public Land & Resources Law Review
No abstract provided.
The Wild River Bill: House Bill 133, Harrison Fagg
The Wild River Bill: House Bill 133, Harrison Fagg
Public Land & Resources Law Review
No abstract provided.