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Indigenous, Indian, and Aboriginal Law Commons

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Villanova University Charles Widger School of Law

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Articles 1 - 25 of 25

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

Rethinking Ubuntu Philosophy In Nigeria's Environmental Law: A Pathway To Sustainable Plastic Pollution Regulation, Ndubuisi Augustine Nwafor Mar 2026

Rethinking Ubuntu Philosophy In Nigeria's Environmental Law: A Pathway To Sustainable Plastic Pollution Regulation, Ndubuisi Augustine Nwafor

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Addressing The Gender Wage Gap For Native American Women, Danielle Digrazia, Ann C. Juliano Sep 2024

Addressing The Gender Wage Gap For Native American Women, Danielle Digrazia, Ann C. Juliano

Faculty Publications

No abstract provided.


Conservation Co-Governance As A Cure: Investigating Aotearoa New Zealand's Conservation Co-Governance Model As A Blueprint For Restoring Navajo Sovereignty In Managing Canyon De Chelly, Shana R. Herman May 2024

Conservation Co-Governance As A Cure: Investigating Aotearoa New Zealand's Conservation Co-Governance Model As A Blueprint For Restoring Navajo Sovereignty In Managing Canyon De Chelly, Shana R. Herman

Villanova Environmental Law Journal (1991 - )

No abstract provided.


The Real Wrongs Of Icwa, James G. Dwyer Apr 2024

The Real Wrongs Of Icwa, James G. Dwyer

Villanova Law Review (1956 - )

No abstract provided.


Sovereignty And Dependence In The American Empire: Native Nations, Territories, And Overseas Colonies, Alvin Padilla-Babilonia Feb 2024

Sovereignty And Dependence In The American Empire: Native Nations, Territories, And Overseas Colonies, Alvin Padilla-Babilonia

Faculty Publications

What justifies plenary powers over Native nations, U.S. territories, and overseas colonies? One answer is the text of the Constitution: the Indian Commerce Clause or the Territorial Clause. Another answer is sovereignty under international law. In this Article, I argue that these legalistic explanations overlook a third answer: that political and judicial actors justified plenary powers based on the colonial notion that these so-called dependent peoples were incapable of self- government.

Members of Congress, presidents, federal judges, and territorial governors reconciled republicanism and colonialism in the American empire by constituting Native nations, the territories, and the overseas colonies as dependent …


Westerners Hung Out To Dry: A Review Of The Prior Appropriation Doctrine Amidst A Drying Climate And A Patchwork Of Water Claims, Madelyn M. Vandorpe Feb 2023

Westerners Hung Out To Dry: A Review Of The Prior Appropriation Doctrine Amidst A Drying Climate And A Patchwork Of Water Claims, Madelyn M. Vandorpe

Villanova Environmental Law Journal (1991 - )

No abstract provided.


The Wall That Trumps Environmental Law: A Review Of The Environmental And Legal Implications Of The U.S.-Mexico Border Wall, Olivia Merritt Feb 2021

The Wall That Trumps Environmental Law: A Review Of The Environmental And Legal Implications Of The U.S.-Mexico Border Wall, Olivia Merritt

Villanova Environmental Law Journal (1991 - )

No abstract provided.


The Wild West Re-Lived: Oil Pipelines Threaten Native American Tribal Lands, Ashley A. Glick Mar 2019

The Wild West Re-Lived: Oil Pipelines Threaten Native American Tribal Lands, Ashley A. Glick

Villanova Environmental Law Journal (1991 - )

No abstract provided.


The State, The Tribe, And The Ugly: The Ninth Circuit Stakes A Bad Claim On Indian Land For Tribal Civil Jurisdiction Over Nonmembers In Window Rock Unified School District V. Reeves, Tyler L. Murphy Jun 2018

The State, The Tribe, And The Ugly: The Ninth Circuit Stakes A Bad Claim On Indian Land For Tribal Civil Jurisdiction Over Nonmembers In Window Rock Unified School District V. Reeves, Tyler L. Murphy

Villanova Law Review (1956 - )

No abstract provided.


Sovereign Litigants: Native American Nations In Court, Catherine T. Struve Jan 2010

Sovereign Litigants: Native American Nations In Court, Catherine T. Struve

Villanova Law Review (1956 - )

No abstract provided.


U.S. Land-Based And Internet Gambling, Would You Bet On A Rosy Future, Joseph M. Kelly Jan 2010

U.S. Land-Based And Internet Gambling, Would You Bet On A Rosy Future, Joseph M. Kelly

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


You Can't Get There From Here: Igra Needs Reinvention Into A Relevant Statute For A Mature Industry, Antonia Cowan Jan 2010

You Can't Get There From Here: Igra Needs Reinvention Into A Relevant Statute For A Mature Industry, Antonia Cowan

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


The Stories We Tell, And Have Told, About Tribal Sovereignty: Legal Fictions At Their Most Pernicious, Hope M. Babcock Jan 2010

The Stories We Tell, And Have Told, About Tribal Sovereignty: Legal Fictions At Their Most Pernicious, Hope M. Babcock

Villanova Law Review (1956 - )

No abstract provided.


Reconciling The Sovereignty Of Indian Tribes In Civil Matters With The Montana Line Of Cases, Douglas B. L. Endreson Jan 2010

Reconciling The Sovereignty Of Indian Tribes In Civil Matters With The Montana Line Of Cases, Douglas B. L. Endreson

Villanova Law Review (1956 - )

No abstract provided.


This Land Is Your Land, This Land Is My Land: Cayuga Indian Nation Of New York V. Pataki, Katherine E. Germino Jan 2007

This Land Is Your Land, This Land Is My Land: Cayuga Indian Nation Of New York V. Pataki, Katherine E. Germino

Villanova Law Review (1956 - )

No abstract provided.


Native American Mascots' Last Stand - Legal Difficulties In Eliminating Public University Use Of Native American Mascots, Brian R. Moushegian Jan 2006

Native American Mascots' Last Stand - Legal Difficulties In Eliminating Public University Use Of Native American Mascots, Brian R. Moushegian

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


Timpanogos Tribe V. Conway: Fishing For An Exception To State Sovereign Immunity In Natural Resource Regulation, Susan R. Fiorentino Jan 2003

Timpanogos Tribe V. Conway: Fishing For An Exception To State Sovereign Immunity In Natural Resource Regulation, Susan R. Fiorentino

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Arizona V. California: Riding The Wave Of Federal Riparianism, Heather R. Brinton Jan 2002

Arizona V. California: Riding The Wave Of Federal Riparianism, Heather R. Brinton

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Current Plans To Ameliorate The Depletion Of Snake River Salmon: Old Controversy Or New Solution, Karen Richardson, Jennifer Bello Jan 2001

Current Plans To Ameliorate The Depletion Of Snake River Salmon: Old Controversy Or New Solution, Karen Richardson, Jennifer Bello

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Clean Air In Indian Country: Regulation And Environmental Justice, Sandra D. Benischek Jan 2001

Clean Air In Indian Country: Regulation And Environmental Justice, Sandra D. Benischek

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Empowering Tribes - The District Of Columbia Circuit Upholds Tribal Authority To Regulate Air Quality Throughout Reservation Lands In Arizona Public Service Company V. Environmental Protection Agency, Kristina M. Reader Jan 2001

Empowering Tribes - The District Of Columbia Circuit Upholds Tribal Authority To Regulate Air Quality Throughout Reservation Lands In Arizona Public Service Company V. Environmental Protection Agency, Kristina M. Reader

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Minnesota V. Mille Lacs Band Of Chippewa Indians: Should The Courts Interpret Treaty Law To Empower Traditional Native American Tribes To Hatchet The Environment, Joshua C. Quinter Jan 2000

Minnesota V. Mille Lacs Band Of Chippewa Indians: Should The Courts Interpret Treaty Law To Empower Traditional Native American Tribes To Hatchet The Environment, Joshua C. Quinter

Villanova Environmental Law Journal (1991 - )

No abstract provided.


United States V. Santee Sioux Tribe Of Nebraska: The Future Of Igra And Indian Gaming In Jeopardy, Russell Lannutti Jan 1999

United States V. Santee Sioux Tribe Of Nebraska: The Future Of Igra And Indian Gaming In Jeopardy, Russell Lannutti

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


What's In The Cards For The Future Of Indian Gaming Law, William Bennett Cooper Iii Jan 1998

What's In The Cards For The Future Of Indian Gaming Law, William Bennett Cooper Iii

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


Seminole Tribe Of Florida V. Florida: Has The Seminole Tribe Gambled With Citizens' Rights To Sue Their State Under Cercla, Gregory J. Hauck Jan 1997

Seminole Tribe Of Florida V. Florida: Has The Seminole Tribe Gambled With Citizens' Rights To Sue Their State Under Cercla, Gregory J. Hauck

Villanova Environmental Law Journal (1991 - )

No abstract provided.