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Articles 31 - 34 of 34

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

Risk Avoidance, Cultural Discrimination, And Environmental Justice For Indigenous Peoples, Catherine O'Neill Jan 2003

Risk Avoidance, Cultural Discrimination, And Environmental Justice For Indigenous Peoples, Catherine O'Neill

Faculty Articles

This article begins with the recognition that environmental justice for Native peoples requires attention to the interrelated cultural, spiritual, social, ecological, economic, and political dimensions of environmental issues. It observes, moreover, that “environmental justice requires an appreciation of each tribe’s particular historical circumstances and contemporary understandings, including each group’s aspirations for the flourishing of its culture.” It contends that some environmental decision makers and commentators have increasingly come to embrace “risk avoidance” – strategies that call upon risk-bearers to alter their practices in order to avoid the risk of environmental harms – in lieu of risk reduction – strategies that …


Give Or Take An Acre: Property Norms And The Indian Land Consolidation Act, Katheleen Guzman Jan 2000

Give Or Take An Acre: Property Norms And The Indian Land Consolidation Act, Katheleen Guzman

Faculty Articles

No abstract provided.


Variable Justice: Environmental Standards, Contaminated Fish, And "Acceptable” Risk To Native Peoples, Catherine O'Neill Jan 2000

Variable Justice: Environmental Standards, Contaminated Fish, And "Acceptable” Risk To Native Peoples, Catherine O'Neill

Faculty Articles

This article begins with the observation that “[f]ish, especially salmon, are necessary for the survival of the Native peoples of the Pacific Northwest, both as individuals and as a people.” It considers conventional approaches to regulating contamination of the waters that support the fish on which these peoples depend, and finds that the narrow focus on human physical health fails fully to comprehend the multiple dimensions of the harm to these fishing peoples. Importantly, this focus fails to appreciate the cultural dimensions of the harm. The article examines health and environmental agencies’ standard-setting practices and challenges their failure to account …


Indian Reserved Water Rights In The Dual System State Of Oklahoma, Taiawagi Helton Jan 1998

Indian Reserved Water Rights In The Dual System State Of Oklahoma, Taiawagi Helton

Faculty Articles

No abstract provided.