Indigenous, Indian, and Aboriginal Law Commons^™

Tribal Tools & Legal Levers For Halting Fossil Fuel Transport & Exports Through The Pacific Northwest, Mary Christina Wood

American Indian Law Journal

As alarming scientific predictions crystallize into the realities of today’s climate crisis, tribal communities in the Pacific Northwest find themselves on the front lines of a global assault launched by the fossil fuel industry. Encouraged by President Trump’s declaration of intent to unleash $50 trillion of America’s domestic fossil fuels, corporations push for massive expansion of the nation’s fossil fuel infrastructure—even as the world races towards irrevocable climate thresholds. The unprecedented onslaught hinges on the Pacific Northwest as a key link in a global market scheme. The coastal region sits as a proposed industrial gateway for huge export facilities transporting …

August 2017 - August 2018 Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.

I See You - A Story From The Haudenosaunee, Simone Anter J.D.

American Indian Law Journal

A young Apache woman sits on a bench outside of her university classroom; next to her is a stack of law books. She has just come from the first day of her first-year property class, where the professor lectured about the origins of property law devoid of any mention of Native people. As she sits she notices an individual walking along the sidewalk, towards her. This person wears a baseball hat with the Washington Redskins’ logo embellished on the front, a grotesque caricature of an “Indian.” The person’s attire includes a T-shirt featuring a skull wearing a feathered headdress, probably …

Tribal Exclusion Authority: Its Sovereign Basis With Recommendations For Federal Support, Jeremy Wood

American Indian Law Journal

No abstract provided.

Indian Child Welfare Act Annual Case Law Update And Commentary, Kathryn Fort, Adrian T. Smith

American Indian Law Journal

There are, on average, 200 appellate cases addressing the Indian Child Welfare Act (ICWA) annually—though this number includes published and unpublished opinions. There are usually around thirty reported state appellate court cases involving ICWA issues every year. There has never been a systematic look at the cases on appeal including an analysis of who is appealing, what the primary issues are on appeal, and what trends are present. This article seeks to fill that void.

This article provides a comprehensive catalog of published ICWA jurisprudence from across all fifty states in 2017. Designed as a quick reference for the ICWA …

August 2016 - August 2017 Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.

Cdib: The Role Of The Certificate Of Degree Of Indian Blood In Defining Native American Legal Identity, Paul Spruhan

American Indian Law Journal

No abstract provided.

Native American Rights & Adoption By Non-Indian Families: The Manipulation And Distortion Of Public Opinion To Overthrow Icwa, Harman Bual

American Indian Law Journal

No abstract provided.

Beyond A Zero-Sum Federal Trust Responsibility: Lessons From Federal Indian Energy Policy, Monte Mills

American Indian Law Journal

The federal government’s trust relationship with federally- recognized Indian tribes is a product of the last two centuries of Federal Indian Law and federal-tribal relations. For approximately the last 50 years, the federal government has sought to promote tribal self-determination as a means to carry out its trust responsibilities to Indian tribes; but the shadows of prior federal policies, based largely on notions of tribal incompetence and federal paternalism, remain. Perhaps no other policy arena better demonstrates the history, evolution, and promise for reform of the federal trust relationship than Federal Indian energy policy, or the range of federal statutes …

Indian Sovereignty, General Federal Laws, And The Canons Of Construction: An Overview And Update, Bryan H. Wildenthal

American Indian Law Journal

No abstract provided.

By Any Means: How One Federal Agency Is Turning Tribal Sovereignty On Its Head, Clifton Cottrell

American Indian Law Journal

No abstract provided.

The Sioux's Suits: Global Law And The Dakota Access Pipeline, Stephen Young

American Indian Law Journal

The Sioux Tribe’s lawsuits and protests against the Dakota Access Pipelines (DAPL) received an incredible amount of international attention in ways that many Indigenous peoples’ protests have not. This article argues that attention exists because the Sioux Tribe has been at the epicenter of the Indigenous peoples’ rights movement in international law. Accordingly, they have invoked or claimed international human rights—particularly free, prior, and informed consent (FPIC)— to complicate, and perhaps destabilize, the DAPL’s development. However, the importance of their activism is not merely in claiming human rights.

Based upon a global map of law that involves multiple and overlapping …

A Hell Of A Complex: The Miscarriages Of The Federal Hydropower Licensing Regime, Derek Red Arrow Frank

American Indian Law Journal

What you are about to read is an illustration of systemic racism. Systemic racism is the current effects of statutes and policies developed through a singular and racially-charged narrative. The current hydropower relicensing regime fails to acknowledge the overarching Treaty-reserved rights of American Indian tribes while statutorily granting state and federal authorities the power to prescribe mandatory conditions on hydropower projects. This fact remains constant whether the hydropower project is within or outside a tribe’s reservation or aboriginal territory. Specifically, the Hells Canyon Complex, which rests along the Snake River, has had and continues to have enormous impacts on fisheries …

Solution Before Pollution: Mining And International Transboundary Rivers In Southeast Alaska, Britany Kee’ Ya Aa. Lindley

American Indian Law Journal

No abstract provided.

Conservation Easements: A Flexible New Tool For Washington Tribes, A Case Study Of The Lower Elwha Klallam Tribe, David P. Papiez

American Indian Law Journal

No abstract provided.

Justice Scalia And Tonto Fistfight In Heaven, Ray Martin

American Indian Law Journal

No abstract provided.

The Master's Tools: Tribal Sovereignty And Tribal Self-Governance Contracting/Compacting, Danielle Delaney

American Indian Law Journal

No abstract provided.

Improving Native American Tribes’ Voice In International Climate Change Negotiations, Jin Hyung Lee

American Indian Law Journal

No abstract provided.

No Connection: The Issue Of Internet On The Reservation, Emily S. Donnellan

American Indian Law Journal

No abstract provided.

Case Law On American Indians: August 2015—August 2016, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.

Swinomish Indian Tribal Community V. Bnsf Railway Co. And Its Effect On Litigation Challenging Bia’S New Rights-Of-Way Regulations, Kaelen Brodie

American Indian Law Journal

No abstract provided.

Icra Habeas Corpus Relief: A New Habeas Jurisprudence For The Post-Oliphant World?, Hunter Cox

American Indian Law Journal

No abstract provided.

Imaginary Lines, Real Consequences: The Effect Of The Militarization Of The United States-Mexico Border On Indigenous Peoples, Joseph Kowalski

American Indian Law Journal

No abstract provided.

Respecting The “Guardians Of Nature:” Chile’S Violations Of The Diaguita Indigenous People’ Environmental And Human Rights And The Need To Enforce Obligations To Obtain Free, Prior, And Informed Consent, Cynthia Vel

American Indian Law Journal

No abstract provided.

Preservation Over Profits: The Conflicting Interest Of Hickory Ground And Exploring Options For Preserving The Sacred Parcel, Ashley Ray

American Indian Law Journal

No abstract provided.

A Voice In The Storm: Tribal Consultation In The Wake Of The Sandy Recovery Improvement Act Of 2013, Elizabeth S. Leemon

American Indian Law Journal

No abstract provided.

“Give Them A Dam Break!” Protecting The Ngäbe Buglé Community Of Panama With Clean Development Mechanism Safeguards To Promote Culturally Sensitive Development, Cindy Campbell

American Indian Law Journal

No abstract provided.

Tribal Trustees In Climate Crisis, Mary Christina Wood

American Indian Law Journal

No abstract provided.

August 2012 – August 2013 Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.

I’Ll Take The Benefits If You Pay The Costs: Weighing The Equities Of Public And Private Funding Sources For Hydroelectric Dam Decommissioning, Dominique R. Scalia

American Indian Law Journal

No abstract provided.