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Indigenous, Indian, and Aboriginal Law Commons™
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Articles 31 - 55 of 55
Full-Text Articles in Indigenous, Indian, and Aboriginal Law
Navajo Peacekeeping: Technology And Traditional Indian Law, Robert Yazzie
Navajo Peacekeeping: Technology And Traditional Indian Law, Robert Yazzie
St. Thomas Law Review
No abstract provided.
Environmental Rights And Indigenous Wrongs, Mahnoush H. Arsanjani
Environmental Rights And Indigenous Wrongs, Mahnoush H. Arsanjani
St. Thomas Law Review
The early writers of international law were environmentally literate. Grotius, for example, in his great novel, The Law of War and Peace, prohibited certain potentially advantageous tactics because of their long-term environmental costs. But, the early writers lived in a preindustrial era, where it was reasonable to design a public order based on maximum access and use, and minimum regulation. After all, no matter how many wind driven ships sailed the ocean surface, the ocean would not "wear out." The industrial revolution irrevocably changed that reality. International concern about the protection of the environment began to take political form and …
Hozho Nahasdlii--We Are Now In Good Relations: Navajo Restorative Justice, Robert Yazzie
Hozho Nahasdlii--We Are Now In Good Relations: Navajo Restorative Justice, Robert Yazzie
St. Thomas Law Review
Having illustrated American adjudication in a Western-style police model of justice, this essay will focus on Navajo justice concepts. It will show why, aside from the breakdown of police and social-work models within the Western-styled justice system, many Navajos prefer their traditional system of justice. As will be shown, the Navajo system of justice is based upon discussion, consensus, relative need, and healing. It is "restorative justice," which puts people in good relations with each other, and in continuing relationships. The Navajo system is "horizontal" or egalitarian law. It is illustrated as a circle where everyone is equal. In contrast, …
Naevahoo'ohtseme-We Are Going Back Home: The Cheyenne Repatriation Of Human Remains--A Woman's Perspective, Connie H. Yellowman
Naevahoo'ohtseme-We Are Going Back Home: The Cheyenne Repatriation Of Human Remains--A Woman's Perspective, Connie H. Yellowman
St. Thomas Law Review
I see many parallels between how the non-Indian media and general public reacted to the bombing in Oklahoma City, and the reaction of Native Americans to the repatriation of human remains. Now, more than ever, most Americans-especially Oklahomans-can truly comprehend why the emotional impact of a tragic event lasts for generations. Furthermore, the significance of the recovery and identity of human remains following the bombing parallels the Native American struggle for the recovery and return of the human remains of their relatives. Likewise, the issue of "the remaining right leg" can be correlated to "unidentifiable human remains." This article presents …
Development Of The Rights Of The Indigenous Child Under International Law, Cynthia Price Cohen
Development Of The Rights Of The Indigenous Child Under International Law, Cynthia Price Cohen
St. Thomas Law Review
In 1994, the United Nations dedicated the ten-year period starting December 10, 1994, as the Decade of the World's Indigenous People. At the end of the decade, children who were born during the International Year for the World's Indigenous People (1993) will be approaching puberty, while those who were pre-teens that year will have become young adults. It is a very significant time for indigenous children because, all over the world, indigenous families and tribal groups are beginning to receive the recognition that has so long been denied them. To a great extent, this is happening as the result of …
The Emerging System Of International Protection Of Indigenous Peoples' Rights, Mireya Maritza Pena Guzman
The Emerging System Of International Protection Of Indigenous Peoples' Rights, Mireya Maritza Pena Guzman
St. Thomas Law Review
This article addresses an emerging international trend toward recognizing and protecting the rights of indigenous peoples. The first part briefly describes the existing conflict and emphasizes the need for international legal intervention between the effects of state legislation and the interests of indigenous peoples. Some of the difficulties inherent in this analysis will be highlighted. The second part of this article discusses some of the principal international activities that have benefitted indigenous peoples. The third part analyzes certain fundamental propositions at the international legal level that are directly related to indigenous communities. Finally, this article concludes with some comments on …
The Beginnings Of The Inter-American Declaration On The Rights Of Indigenous Peoples, Osvaldo Kreimer
The Beginnings Of The Inter-American Declaration On The Rights Of Indigenous Peoples, Osvaldo Kreimer
St. Thomas Law Review
No abstract provided.
Tour On The Prairies Or Washington Irving And The Horseless Headman: A Stroll With Congress, The Court And Indian Nations At The Turn Of The Century, Kirke Kickingbird
Tour On The Prairies Or Washington Irving And The Horseless Headman: A Stroll With Congress, The Court And Indian Nations At The Turn Of The Century, Kirke Kickingbird
St. Thomas Law Review
The view of the sovereignty of Indian nations varies within the ever-changing cycles of policy spanning two or three decades. Often, the different branches of the United States government have had conflicting points of view regarding Indian sovereignty. One can see moments in the distant past when tribal authority was clearly recognized, then challenged, then ignored and recognized again, as the cycle of Indian policy returned to its beginnings. The clear manifestation of sovereign power is exhibited in the exercise of governmental authority. This exercise, in turn, involves the use of legislative, executive, and judicial powers. While these observations may …
The Awas Tingni Petition To The Inter-American Commission On Human Rights: Indigenous Lands, Loggers, And Government Neglect In Nicaragua, S. James Anaya
The Awas Tingni Petition To The Inter-American Commission On Human Rights: Indigenous Lands, Loggers, And Government Neglect In Nicaragua, S. James Anaya
St. Thomas Law Review
No abstract provided.
The United Nations Draft Declaration On The Rights Of Indigenous Peoples, Julian Burger
The United Nations Draft Declaration On The Rights Of Indigenous Peoples, Julian Burger
St. Thomas Law Review
No abstract provided.
The Journey, G. Peter Jemison
Equality Of Indigenous Peoples Under The Auspicies Of The United Nations - Draft Declaration On The Rights Of Indigenous Peoples, Erica-Irene A. Daes
Equality Of Indigenous Peoples Under The Auspicies Of The United Nations - Draft Declaration On The Rights Of Indigenous Peoples, Erica-Irene A. Daes
St. Thomas Law Review
No abstract provided.
"We Can Do... Better":* Rights Of Singular Peoples And The United Nations Draft Declaration On The Rights Of Indigenous Peoples, Keith D. Nunes
"We Can Do... Better":* Rights Of Singular Peoples And The United Nations Draft Declaration On The Rights Of Indigenous Peoples, Keith D. Nunes
St. Thomas Law Review
In the multiplication of European voyages of discovery and exploration between the years 1487 and 1780, the slow process of direct sea contact between regions and continents ultimately yielded a worldwide network of relationships for a new era, an era in which humankind continues to participate. North America was opened to European settlement as a result of an aborted series of English, French, and Dutch voyages intended to find a northern route to Asia. These voyages were attempts to erase the claim of monopoly to the navigation of trade routes in the Treaty of Tordesillas of 1494, as well as …
What's Past Is Prologue*: The Status And Contemporary Relevance Of American Indian Treaties, Kirke Kickingbird
What's Past Is Prologue*: The Status And Contemporary Relevance Of American Indian Treaties, Kirke Kickingbird
St. Thomas Law Review
No abstract provided.
The Chiapas Uprising And The Negotiating Process, Margarita Gonzalez De Pazos
The Chiapas Uprising And The Negotiating Process, Margarita Gonzalez De Pazos
St. Thomas Law Review
No abstract provided.
Human Rights Education Programs For Indigenous Peoples: Teaching Whose Human Rights, Lynda Frost
Human Rights Education Programs For Indigenous Peoples: Teaching Whose Human Rights, Lynda Frost
St. Thomas Law Review
During the difficult decades of the 1970s and 1980s, human rights organizations (HROs), especially nongovernmental HROs, flourished in the Americas. The HROs directed their attention and resources toward documenting and denouncing the numerous and flagrant violations of human rights occurring in the region More recently the HROs found, partly because of their success, that demands for their services and funding for their projects have diminished. In an effort to revive and refocus their energy, many HROs have turned to human rights education as a new focus. Latin America has a strong tradition of popular education. Using techniques developed in popular …
Welcome Address, Daniel J. Morrissey
International Protection Of The Rights Of The Indigenous Child, Cynthia Price Cohen
International Protection Of The Rights Of The Indigenous Child, Cynthia Price Cohen
St. Thomas Law Review
No abstract provided.
Sovereignty And Treaty Rights - We Remember, G. Peter Jemison
Sovereignty And Treaty Rights - We Remember, G. Peter Jemison
St. Thomas Law Review
No abstract provided.
American Indian Treaties And Modern International Law, Siegfried Wiessner
American Indian Treaties And Modern International Law, Siegfried Wiessner
St. Thomas Law Review
No abstract provided.
The Saga Of Indigenous Peoples In Brazil: Constitution, Law And Policies, L. Roberto Barroso
The Saga Of Indigenous Peoples In Brazil: Constitution, Law And Policies, L. Roberto Barroso
St. Thomas Law Review
In 1979, when the military rule in Brazil was coming to an end, I dedicated some of my time to student political activity supporting the return of democracy. Several students used to show their political beliefs by posting banners on the windows of their cars. I had several in my car. One of them, probably the one that raised the most curiosity, read: "For the demarcation of indigenous lands." It was very charming, but none of us knew exactly its real meaning and implications. As far as I can remember, that was the first time I ever cared about Indians. …
Spirituality, Culture And Tradition: An Introduction To The Role Of Tribal Courts And Councils In Reclaiming Native American Heritage And Sovereignty, Mark J. Wolff
St. Thomas Law Review
No abstract provided.
A View From The North: Aboriginal And Treaty Issues In Canada, Brad W. Morse
A View From The North: Aboriginal And Treaty Issues In Canada, Brad W. Morse
St. Thomas Law Review
No abstract provided.
Overview Of The Indian Child Welfare Act, Michael C. Snyder
Overview Of The Indian Child Welfare Act, Michael C. Snyder
St. Thomas Law Review
This article provides an overview of these basic Indian Child Welfare Act (ICWA) requirements and judicial interpretations of these requirements. It also includes references to the Federal Guidelines for State Courts. These Guidelines do not have the binding legislative effect of federal regulations, but are helpful in interpreting the ICWA.
Modern Tribal Government: Social And Economic Realities And Opportunities, Ross O. Swimmer
Modern Tribal Government: Social And Economic Realities And Opportunities, Ross O. Swimmer
St. Thomas Law Review
No abstract provided.