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Indigenous, Indian, and Aboriginal Law Commons

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Washington and Lee University School of Law

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Articles 1 - 30 of 39

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

Unveiling The Environmental Impact Of Large Language Models On Indigenous Communities: A Call For Action And Liability, Nina-Simone Edwards Jan 2025

Unveiling The Environmental Impact Of Large Language Models On Indigenous Communities: A Call For Action And Liability, Nina-Simone Edwards

Library Scholarship

Large Language Models (LLMs) have rapidly gained popularity for their language generation and comprehension capabilities, promising increased efficiency in various sectors. However, while celebrated for their transformative potential, LLMs exacerbate current climate issues. This Article highlights the detrimental environmental footprint of LLMs, with a focus on their role in escalating climate change and their disproportionate effects on Indigenous communities. These communities, closely tied to their land, bear the brunt of environmental degradation, further aggravated by LLM-induced emissions.

This Article first dissects the interplay between environmental justice and technological innovation, advocating for a reevaluation of the trust relationship between tribal nations …


Chief Justice Angela R. Riley And Professor Suzette Malveaux In Conversation At The Eleventh Annual John Paul Stevens Lecture: The Third Sovereign: Tribal Courts And Indian Country Justice, Angela R. Riley, Suzette Malveaux Jan 2024

Chief Justice Angela R. Riley And Professor Suzette Malveaux In Conversation At The Eleventh Annual John Paul Stevens Lecture: The Third Sovereign: Tribal Courts And Indian Country Justice, Angela R. Riley, Suzette Malveaux

Scholarly Articles

The Byron R. White Center for the Study of American Constitutional Law at the University of Colorado-Boulder’s Law School is a premier research and programming institution aiming to facilitate informed and engaged scholarship and dialogue on constitutional law. As part of this effort, it hosts the annual John Paul Stevens Lecture, named after the U.S. Supreme Court Justice Stevens, who delivered the inaugural lecture in September 2011. This fireside chat brings distinguished jurists from around the country (and even world) to Colorado Law to discuss the state of the judiciary, democracy and current constitutional issues. The esteemed lecture attracts students, …


Equity Over Equality: Equal Protection And The Indian Child Welfare Act, Lucy Dempsey Apr 2021

Equity Over Equality: Equal Protection And The Indian Child Welfare Act, Lucy Dempsey

Washington and Lee Law Review Online

In 2018, a Texas District Court shocked the nation by declaring the Indian Child Welfare Act (ICWA) unconstitutional pursuant to the Equal Protection Clause of the U.S. Constitution. The decision was overturned by the Fifth Circuit but may well be appealed to the U.S. Supreme Court. The ICWA provides a framework for the removal and placement of Indian children into foster and adoptive homes in such a way that attempts to reflect the unique values of Indian culture and supports the autonomy of the tribe. In doing so, the law treats Indian children differently than it would White children. But …


Patently Absurd: Critiquing The Uspto’S Disparate Treatment Of Tribal And State Immunity In Inter Partes Review, Maya Ginga Nov 2018

Patently Absurd: Critiquing The Uspto’S Disparate Treatment Of Tribal And State Immunity In Inter Partes Review, Maya Ginga

Washington and Lee Law Review

No abstract provided.


Practical Reasoning And The Application Of General Federal Regulatory Laws To Indian Nations, Alex T. Skibine Mar 2016

Practical Reasoning And The Application Of General Federal Regulatory Laws To Indian Nations, Alex T. Skibine

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Native American Health Care: Is The Indian Health Care Reauthorization And Improvement Act Of 2009 Enough To Address Persistent Health Problems Within The Native American Community?, Koral E. Fusselman Mar 2012

Native American Health Care: Is The Indian Health Care Reauthorization And Improvement Act Of 2009 Enough To Address Persistent Health Problems Within The Native American Community?, Koral E. Fusselman

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Alliance Between Payday Lenders And Tribes: Are Both Tribal Sovereignty And Consumer Protection At Risk?, Nathalie Martin, Joshua Schwartz Mar 2012

The Alliance Between Payday Lenders And Tribes: Are Both Tribal Sovereignty And Consumer Protection At Risk?, Nathalie Martin, Joshua Schwartz

Washington and Lee Law Review

No abstract provided.


Native Nation Economic Development Via The Implementation Of Solar Projects: How To Make It Work, Ryan David Dreveskracht Jan 2011

Native Nation Economic Development Via The Implementation Of Solar Projects: How To Make It Work, Ryan David Dreveskracht

Washington and Lee Law Review

No abstract provided.


The Native American Graves Protection And Repatriation Act At The Margin: Does Nagpra Govern The Disposition Of Ancient, Culturally Unidentifiable Human Remains?, Robert Van Horn Sep 2008

The Native American Graves Protection And Repatriation Act At The Margin: Does Nagpra Govern The Disposition Of Ancient, Culturally Unidentifiable Human Remains?, Robert Van Horn

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


In A Class By Themselves: A Proposal To Incorporate Tribal Courts Into The Federal Court System Without Compromising Their Unique Status As "Domestic Dependent Nations", R. Stephen Mcneill Jan 2008

In A Class By Themselves: A Proposal To Incorporate Tribal Courts Into The Federal Court System Without Compromising Their Unique Status As "Domestic Dependent Nations", R. Stephen Mcneill

Washington and Lee Law Review

No abstract provided.


"A Desert Grows Between Us"' The Sovereignty Paradox At The Intersection Of Tribal And Federal Courts, Caprice L. Roberts Jan 2008

"A Desert Grows Between Us"' The Sovereignty Paradox At The Intersection Of Tribal And Federal Courts, Caprice L. Roberts

Washington and Lee Law Review

No abstract provided.


The Mote In The Common Law's Eye: Dislodging Europocentric Barriers To Just Recognition Of Native Title In The Wake Of Yorta Yorta, Howard L. Highland Mar 2007

The Mote In The Common Law's Eye: Dislodging Europocentric Barriers To Just Recognition Of Native Title In The Wake Of Yorta Yorta, Howard L. Highland

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Reparations, Social Reconciliation, And The Significance Of Place: A Legal And Philosophical Examination Of Indigenous Cases In The United States And Their Global Implications, Jill M. Fraley Jan 2007

Reparations, Social Reconciliation, And The Significance Of Place: A Legal And Philosophical Examination Of Indigenous Cases In The United States And Their Global Implications, Jill M. Fraley

Scholarly Articles

During genocide, populations are frequently displaced from their homelands. In the process of reparations, displacement is often viewed as a problem of shelter, food, and safety. In this framework, land is treated as an economic commodity—any given piece of land is interchangeable with another or for money. This approach is a product of Enlightenment thinking, which emphasizes the rights of the individual over communal rights to land, and conceptualizes land and social identity as strongly separated. This Enlightenment framework of rights, and the accompanying de-emphasis of place, is particularly strong in the United States. Because American legal principles have played …


Tribes And Tribulations: Beyond Sovereign Immunity And Toward Reparation And Reconciliation For The Estelusti, Carla D. Pratt Jan 2005

Tribes And Tribulations: Beyond Sovereign Immunity And Toward Reparation And Reconciliation For The Estelusti, Carla D. Pratt

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Recognizing Substance: Adoptees And Affiliates Of Native American Tribes Claiming Free Exercise Rights Apr 2001

Recognizing Substance: Adoptees And Affiliates Of Native American Tribes Claiming Free Exercise Rights

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Ancestry And Casino Dollars In The Formation Of Tribal Identity, Eric Henderson Apr 1998

Ancestry And Casino Dollars In The Formation Of Tribal Identity, Eric Henderson

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Courts, The Government, And Native Americans: The Politics And Jurisprudence Of Systematic Unfairness, Daniel T. Campbell Apr 1997

The Courts, The Government, And Native Americans: The Politics And Jurisprudence Of Systematic Unfairness, Daniel T. Campbell

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Three Affiliated Tribes Of Fort Berthold Reservation V. Wold Engineering, P.C., Lewis F. Powell Jr. Oct 1985

Three Affiliated Tribes Of Fort Berthold Reservation V. Wold Engineering, P.C., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Papasan V. Allain, Lewis F. Powell Jr. Oct 1985

Papasan V. Allain, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Dann, Lewis F. Powell Jr. Oct 1984

United States V. Dann, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Kerr-Mcgee Corporation V. Navajo Tribe Of Indians, Lewis F. Powell, Jr. Oct 1984

Kerr-Mcgee Corporation V. Navajo Tribe Of Indians, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


United States V. Mitchell, Lewis F. Powell, Jr. Oct 1982

United States V. Mitchell, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Montana V. United States, Lewis F. Powell Jr. Oct 1980

Montana V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


White Mountain Apache Tribe V. Bracker, Lewis F. Powell Jr. Oct 1979

White Mountain Apache Tribe V. Bracker, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Central Machinery Company V. Arizona State Tax Comm., Lewis F. Powell Jr. Oct 1979

Central Machinery Company V. Arizona State Tax Comm., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Sioux Nation Of Indians, Lewis F. Powell Jr. Oct 1979

United States V. Sioux Nation Of Indians, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


State Of Washington V. Confederated Bands And Tribes Of The Yakima Indian Nation, Lewis F. Powell Jr. Oct 1978

State Of Washington V. Confederated Bands And Tribes Of The Yakima Indian Nation, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Washington V. Washington State Commercial Passenger Fishing Vessel Assn., Lewis F. Powell Jr. Oct 1978

Washington V. Washington State Commercial Passenger Fishing Vessel Assn., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. John, Lewis F. Powell Jr. Oct 1977

United States V. John, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Santa Clara Pueblo V. Martinez, Lewis F. Powell Jr. Oct 1977

Santa Clara Pueblo V. Martinez, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.