Indigenous, Indian, and Aboriginal Law Commons^™

“To Complete Our Declaration”: The American Indian Chicago Conference, The Declaration Of Indian Purpose, And The Quest For Self-Determination, Joseph W. Ferguson

Department of History

The American Indian Chicago Conference (AICC) illuminates understudied elements within twentieth century Indigenous history. Post WWII policies of termination came to frame the conference, and archival evidence from the planning and establishment of regional conferences and founding documents allows for analysis of the deeper meaning the conference held. The planning phases, schedule, events, and outcomes of the conference indicate factors of a national Indigenous community and identity that have yet to be fully explored in the historiography of this period. The implications of termination policies on Indigenous peoples in North America act as a starting point for the conference’s development. …

The Formation Of Indian Health Services Within Imperial And Settler-Colonial Contexts, Jillian E. Grisel

American Studies ETDs

This dissertation examines the Indian Health Services as a Cold War biosecurity apparatus, showing how infectious disease was weaponized to dismantle treaty obligations, reorganize tribal lands into “service areas,” and reclassify Indigenous nations as surveilled populations. Against this carceral health economy, Indigenous nations refused. From the 1969 Alcatraz occupation to the 1976 Puyallup takeover of Cushman Indian Hospital, Native activists reclaimed health facilities as sovereign spaces, insisting that care is not a discretionary service but a treaty right grounded in land and kinship. Methodologically, I combine historical-legal analysis of congressional debates, Public Health Service reports, and IHS data with counter-archives …

Philosophically Aligned, Operationally Fractured: Duty-Of-Care In Nagpra Practice, Meghan Ensign

All Master's Theses

This research aims to explore the implementation of the Duty of Care [43 CFR Part 10.1(d)] within the 2024 revision of the Native American Graves Protection and Repatriation Act (NAGPRA) rules and regulations. While NAGPRA was designed to facilitate repatriation, ambiguities and institutional resistance have hindered compliance, necessitating regulatory updates. The 2024 revision added duty-of-care language intended to improve repatriation outcomes and reinforce Tribal sovereignty. Duty of care requires institutions to consult and collaborate with Tribes on curation policies and practices, and to obtain informed consent before allowing research on, exhibiting, or providing access to cultural items or human remains. …

Frameworks For Repatriation: Moving Beyond Nagpra, Ashley Joplin

Electronic Theses and Dissertations

Museums and similar federally funded educational institutions have been collecting human remains since the Enlightenment era in the 1800s. Since then, these institutions have developed various collections practices that have encouraged the collection of human remains. Often unethical in nature, these collections have harmed historically marginalized communities, such as Indigenous and African American communities. While the ethics of collecting have been under scrutiny for decades, it was not until 1990 under the Native American Graves Protection and Repatriation Act (NAGPRA) that mainstream attention was drawn to the ethics of collections practices.

This thesis explores these collections practices and the repatriation …

A Tragedy Of Incommensurability: Indigenous Rights And The Limits Of Human Rights Law, Zeina Ali

Theses and Dissertations

This thesis explores the tragedy of incommensurability between indigenous rights and international human rights law. Despite the emergence of frameworks like the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), indigenous calls for sovereignty remain fundamentally unintelligible within a liberal order structured to preserve settler-state legitimacy. Tracing the historical and theoretical evolution of indigenous advocacy, this study critiques the strategic shift from demands for self-determination to claims of cultural rights. It argues that this shift offers no real alternative: self-determination and cultural rights are functionally equivalent, as both are ultimately filtered through legal and political frameworks that cannot …

Belonging Against The Odds: Exploring Restorative Justice Practices As Pathways To Foster Belonging In New York City Transfer Schools, Miguel Rodriguez

Dissertations, Theses, and Capstone Projects

The U.S. education system perpetuates structural inequities that disproportionately affect Black students with the School-to-Prison Pipeline (STPPL) criminalizing them through Zero-Tolerance policies. Transfer schools are often a last resort for students pushed out of traditional schools provide a lens to examine the impact of Restorative Justice Practices (RJP) and Black student representation on belonging. This quantitative dissertation study analyzes secondary data from the NYC Department of Education using multivariate models to explore the relationship between RJPs and sense of belonging (SOB). Model 1 found that discussing feelings and emotions at school (Tier 1 RJP) had the strongest association with SOB …

Life, Liberty And Property: Property As A Weapon Utilized Against Native Peoples And As A Tool To Strengthen Native Sovereignty In The Upper Midwest, Jacob R A Ludwig

HS 390 Primary Research Papers

While many Americans today recognize the continuing paternalism of the federal government towards Tribal governments, much still remains unknown to the public regarding the specific laws, policies and treaties that have provided the continuing legal authority for this paternalism. Throughout American history, the relationship between the federal government and Native American tribes can be seen through the use of violence both in law, and outside of it. Treaties, the basis for removal, have been used by both the federal government and subsequently tribal governments to assert their authority over land. In the Upper Midwest, various Anishinaabe tribes signed several treaties …

Land Back To Right Of Return: Proposing Paths Forward In Palestine, Melanie Kallah

CMC Senior Theses

This thesis presents a parallel case study of the settler colonial histories of Canada and Palestine. The Land Back Movement was first analyzed to determine what conditions enabled the success of Indigenous land restitution in Canada. Subsequently, a cross-analysis with Palestine was conducted to ascertain whether the same enabling conditions could facilitate Palestinian land restitution, known as the Right of Return.

The Bugbear Of Indigenous Commercial Fishing Rights On The Eastern Frontiers Of Australia And The United States, Teresa Singh

LL.M. Essays & Theses

Restrictions on the commercial exercise of Indigenous fishing rights are plentiful across the U.S. and Australia. They have particular force and prevalence for Indigenous communities residing in the sites of the first colonies in both nations. This note exposes the common history underlying the diminished rights in these regions and argues the situation amounts to a critical environmental injustice. It follows that environmental justice advocates and scholars should embrace and advance the more encompassing iteration of Indigenous fishing rights urged by this note and support their restoration as a form of corrective justice for these communities.

Ineligible Partners: Tribal Nations And Cooperative Federalism In The Historical Development Of National Forest Law And Policy, James H. Baker

Graduate Student Theses, Dissertations, & Professional Papers

Lands within the National Forest System (NFS), like all federal public lands, are rooted in Aboriginal Title and were once exclusively inhabited by Indigenous peoples and communities. Through the process of treaty-making, the federal government amassed millions of acres of ceded Tribal lands, many of which are now managed by federal public land agencies, including 194 million acres managed by the U.S. Forest Service (USFS). Several Tribes reserved various use and property rights on these lands that are protected by the U.S. Constitution’s Treaty and Supremacy Clauses. The federal government also has an overarching trust obligation to Tribes – a …

Pathways For Recognition: Indigenous Land Rights In Panamá, Caruna Gillespie, William Ascher

CMC Senior Theses

Indigenous communities in Panamá face the same challenge that many Indigenous communities experience around the globe: a lack of recognition of their land rights. Over the last several decades, the Panamanian government has developed policies and ratified international agreements that recognize Indigenous rights. The comarcas that institutionalize these rights have had some success. However, despite a seemingly progressive framework for recognition, Indigenous communities across the country continuously have their rights violated by conservation projects and resource extraction efforts in the name of economic development. The Panamanian government crafts recognition policies using loopholes, exceptions, and ambiguous language that allow for them …

Mainstream Media Portrayal Of Banishment And Nation-Imposed Punishment, Keely Ormond

Theses and Dissertations (Comprehensive)

“In a traditional village, we wouldn’t have a teepee with no door on it and throw somebody in there. We wouldn’t cast them out, because banishment meant death. What we had to do was restore relationships” – Ryan Beardy (Thorpe, 2022).

The following project examines the representation of Indigenous traditions, customs, and issues in Canadian mainstream media. Specifically, this project is interested in the portrayal of banishment as an Indigenous practice in Canadian mainstream news outlets. This project is based on an interpretive paradigm informed by grounded theory and concepts of media framing, postcolonialism, settler colonialism and restorative justice. Nineteen …

Community Resilience And Creating Capacities For Risk Reduction In First Nations Communities, Case Study In Minegoziibe Anishinabe (Pine Creek First Nation), Brittany S. Lavallee

Capstone Collection

The colonization of Indigenous peoples in Canada has serious consequences on First Nations, including forced removal and displacement from their ancestral lands, environmental degradation, declining resources and capacities, and human rights violations. First Nations communities are currently facing the amplified effects of human-driven climate change. Sustainability of the environment is not just a concept, but a practiced way of life, that recognizes the interdependence of all living things. This deep respect for Aki (earth) is at the foundation of First Nations cultures and continues to guide their actions to insure better futures for Seven Generations. The community of Minegoziibe Anishinabe …

Unidentified Deceased Persons: Who Are At-Risk?, Sarah Duncan

All Theses

This study explores the silent mass disaster of unidentified deceased persons that is occurring across the United States and identifies the individual and community level characteristics that make a person “at-risk” of becoming an unidentified deceased person within the United States. This study identifies trends-based hotspots by using data reported on the National Missing and Unidentified Persons System (NamUs) and comparing those trends to the gender United States population. It finds that males, and age of death between 20-64 are overrepresented and White persons are underrepresented in the unidentified deceased person sample when compared the general population. Social and human …

Ethics In Kakadu (1988): Finding Djilile’S “True Tracks”, Natasia T. Boyko

Electronic Theses and Dissertations

Tasmanian-born Peter Sculthorpe (1929 – 2014) was one of Australia’s most iconic modernist classical composers of the twentieth century. Kakadu (1988) seems to have sparked the most controversy of Sculthorpe’s works and has become one of his most well-known pieces. In the program notes provided in the score’s foreword, Sculthorpe asserts that “the melodic material in Kakadu, as in much of my recent music, was suggested by the contours and rhythms of Aboriginal chant.” Sculthorpe attributed this melodic material to the Arnem Land chant, Djilile. Consequently, Sculthorpe has been criticized for extracting Djilile from its authentic context as …

Faulty Foundations: An Investigation Into Toxic Homes In The Blackfeet Nation, Kathleen Elyse Shannon

Graduate Student Theses, Dissertations, & Professional Papers

In 2002, a class action lawsuit came out of the Blackfeet Nation. The plaintiffs were residents of a federally-funded housing project called Glacier Homes, and they were suing Blackfeet Housing and the Department of Housing and Urban Development because their homes were making them sick. The case got some local media coverage for a couple years. But it was ultimately forgotten and the plaintiffs never got a remedy.

This long-form audio project revives this story and asks listeners to think about these plaintiffs’ arguments in a modern light. The Glacier Homes offer a lens through which to think about several …

Science, Technology, Engineering, And Mathematics (Stem) Project-Based Learning (Pbl) Education: A New Mexico Case Study For Equity And Inclusion, Kimberly A. Scheerer

Teacher Education, Educational Leadership & Policy ETDs

This research addresses how student participation in Science, Technology, Engineering, and Mathematics (STEM) project-based learning (PBL) education activities encourages underrepresented minority student achievement in STEM career field trajectories. Seven New Mexico high school counselors and 12 STEM organization personnel were interviewed during this study. Their responses represent the nuanced professional voices where New Mexico public education intersects with STEM student interest and cultural influence.

For students, STEM PBL can foster deep integration across educational disciplines and enhance STEM career trajectory interest and readiness. STEM education converged with PBL methodologies has the ability to leverage community support while broadening student networks. …

A Conversation Piece About Implementing Inuit Legal Orders Into The Nunatsiavut Government's Inuit Court, Elizabeth Zarpa

LLM Theses

A majority of Inuit reside above the 55th parallel in 51 communities throughout Nunatsiavut, Nunavik, Nunavut and Inuvialuit. This area is Inuit Nunangat and each of these Inuit regions has their own modern treaty. The political and legal history of the evolution of these modern treaties is under-represented within educational institutions. Breathing life into and contextualizing this history is integral when revitalizing Inuit legal orders. There is space to implement Inuit legal orders into the governing structures throughout Inuit Nunangat. This thesis highlights that published and publicly accessible Inuit stories embodies law. Law from the stories is applicable to governance …

Tribal Identity And The Rise Of The American Indian/Alaskan Native Population, Angel M. Stevens

Political Science Theses and Capstones

Today, most tribal nations in the United States identify by federal recognition, yet on the American Community Survey, American Indian/Alaskan Native respondents can self-identify as a member of a specific tribal nation. Most researchers argues that this tribal identification fortifies the reflection of the American Indian/Alaskan Native identity. There are 574 federally recognized tribes in the United States today. Between 2000-2020, the US Census Bureau and the American Community Survey noted a significant surge in the American Indian/Alaskan Native population. This population growth went from a mere 2 million to almost 10 million in a 20-year time span. In this …

A Comparative Analysis Of Repatriation Of Native American Artifacts And Human Remains Laws In Montana, Usa And Alberta Canada, Helen Cryer

Graduate Student Theses, Dissertations, & Professional Papers

ABSTRACT: Native American and Indigenous communities across the United States and Canada have lost an extensive amount of human remains and sacred artifacts to non-Native people exhuming Native American and Indigenous burial sites that may have been dug up for personal gain, stolen, placed in museums, or left in the hands of non-Native collectors. The repatriation of human remains and sacred artifacts to Native nations can be a lengthy, political, and challenging process yet it is worth the effort for Native people. Native American advocacy and evolving public sentiment toward Native people have led to legislative advancements in the United …

Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples, Cynthia J. Boshell

Cal Poly Humboldt theses and projects

Using hermeneutical methodology, this paper examines some of the legal fictions that form the foundation of Federal Indian Law. The text of the U.S. Supreme Court’s 1823 Johnson v. M’Intosh opinion is evaluated through the lens of the Convention on the Prevention and Punishment of the Crime of Genocide to determine the extent to which the Supreme Court incorporated genocidal principles into United States common law. The genealogy of M’Intosh is examined to identify influences that are not fully apparent on the face of the case. International jurisprudential interpretations of the legal definition of genocide are summarized and used as …

Fiscal Decolonization-Indigenous Fiscal Autonomy And Tax Jurisdiction, Riad Kherallah

LLM Theses

This thesis focuses on the relationship between Indigenous fiscal autonomy and self-determination. Indigenous nations’ ability to achieve self-determination is dependent upon their ability to autonomously finance self-government. Unfortunately, Canada’s colonial policies have weakened Indigenous economies and rendered them dependent upon the Crown. Due to Indigenous nations’ lack of fiscal autonomy, Crown policies designed to promote Indigenous self-government have proven inadequate. This thesis argues for using the United Nations Declaration on the Rights of Indigenous Peoples as a blueprint for developing more equitable economic relations. While there are various elements to Crown-Indigenous economic relations, this thesis focuses on the distribution of …

Non-Indian Reservations, Joshua Matthew Rosenau

Graduate Student Theses, Dissertations, & Professional Papers

This thesis is a skeptical treatment of the logical distinctions presumed to exist between “Indian” and “non-Indian” people. Despite representing 99 percent of the U.S. population, “non-Indians” represent a legal identity which has no explicit definition. The basis for the U.S. Supreme Court’s decisions regarding non-Indians and Indians rests not on any objective, empirical or logical criterion or proof, but rather on the “assumption of a ‘guardian-ward’ status. This thesis investigates this assumption, and recommends that we suspend judgment on whether the difference between “Indians” and “non-Indians” can be determined either by logical argument or by legal assumption.

The Violence Against Women's Act: From The Criminalization Of Domestic Violence Through Modern Political Challenges, Carrie Anderson

Theses/Capstones/Creative Projects

The Violence Against Women’s Act, or VAWA, is a landmark piece of federal legislation to combat domestic violence in the United States. It passed in 1994 following various state efforts to stop intimate partner violence. Broad federal legislation was needed to end domestic violence because of the unique nature of the crime including the strong connection between victims and perpetrators, the vast scale of the problem, and the reoccurring nature of domestic violence (Fagan, p. 28-29, 1996). VAWA has been expanded through reauthorization efforts in 2000, 2005, and 2013. Reform efforts have focused on increasing protections for victims especially focusing …

The Chumash Heritage National Marine Sanctuary: An Exploration Of Changing The Discourse On Conservation, Arielle Ben-Hur

Pitzer Senior Theses

In 2015, the Northern Chumash Tribal Council submitted a National Marine Sanctuary Nomination to establish the Chumash Heritage National Marine Sanctuary– a means by which to ensure the protection of one of the most culturally and biologically diverse coastlines in the world. On October 5, 2015, John Armor of the National Oceanic and Atmospheric Administration (NOAA) responded to the nomination, adding it to the inventory of areas NOAA may consider in the future for national marine sanctuary designation.

In my thesis, I explore how the nomination of the Chumash Heritage National Marine Sanctuary acts as a platform from which Traditional …

Tribal Consultation Policy And Practice:A Case Study Of The Confederated Salish And Kootenai Tribes And Nmisuletkʷ (The Middle Fork Of The Clark Fork River) As A Tribal Trust Resource, Jennifer J. Harrington

Graduate Student Theses, Dissertations, & Professional Papers

Formal, government-to-government Consultation between sovereign nations is a process of continuous relationship-building, a partnership and an agreement made with all points-of-view included in the process, with results that have the fingerprint of all nations involved evident. The Federal Government is obligated to work with Federally-recognized Tribes as sovereign nations in matters that have or will impact each Nation’s people and places (reservations, treaty-protected areas)—a process legally known as Consultation. The Environmental Protection Agency (EPA), as a federal agency, must uphold the Federal Trust responsibility which includes the act of Consulting with Federally-recognized Tribes on matters involving human health and the …

Buffalo Renaissance: The Northern Plains Tribes' Path To Self-Determination, Elizabeth Louise Johns

Graduate Student Theses, Dissertations, & Professional Papers

This long-form journalistic story and photo essay is about the Blackfoot Tribes in the United States and Canada and their efforts to restore bison to their land, their diet, and their culture. In 2014, ten tribes from the United States and Canada came together at Blackfeet Nation in Browning, Montana to sign the Buffalo Treaty, a commitment to bringing wild buffalo back to parts of their historical range. The Treaty signing marked the first time in more than 150 years that a diverse group of tribes, some historical enemies, came together in the name of restoring the animal they evolved …

Transforming Relations: Anishnawbe Natural Law In The “Ring Of Fire”, Darren Thomas

Theses and Dissertations (Comprehensive)

This multiple manuscript dissertation project contributes to a larger case study research project examining Matawa First Nation experiences of negotiating a proposed mining project known as the “Ring of Fire.” Nine independent First Nations located in the Treaty 9 territory in Northern Ontario, comprise a collective regional organization called Matawa First Nations. These First Nations have a long history of living their Ancestral ways of trapping, fishing, and gathering from the lands. During the early 20^th century, the southern Matawa communities began to have contacts with forestry development, but a chromite deposit with an estimated value of 65 billion …

Teacher Perceptions Of Environmental Science In Rural Northwestern New Mexico Public Schools, Marie Quiahuitl Julienne

Organization, Information and Learning Sciences ETDs

In this study, I explored what teachers perceive as the factors that impact their teaching of environmental science in rural secondary level schools in northwestern New Mexico. I adapted Bronfenbrenner’s (1994) ecological systems model, based on four environmental subsystem levels (microsystem, mesosystem, exosystem, and macrosystem), as the conceptual framework to address the major research question of this study, and developed 18 interview questions to explore teachers’ perceptions of factors that influence their teaching of environmental science. I investigated the perspectives science teachers have about environmental science topics and the influences they perceive that affect how they teach environmental science, and …

Just Care: A Relational Approach To Autonomy And Decision Making Of Parents Committed To Religious Or Indigenous Traditional Practices, Tu-Quynh Trinh

LLM Theses

Hamilton Health Sciences Corp. v. D.H. and B. (R.) v. Children’s Aid Society of Metropolitan Toronto tell important stories about people and relationships—and about parenthood; autonomy; religious believers and cultural communities; and the role of the state in family, culture, and religion. Their narratives were influenced by liberalism and emphasize a degree of individualism that is incongruous given the subject matter of parent child relationships and their place within communities and the law. This thesis explores the application of relational theory and the integrated principles of justice and care to these issues. Ultimately, the stories these judicial opinions tell help …