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Articles 121 - 145 of 145
Full-Text Articles in Indigenous, Indian, and Aboriginal Law
Property And Sovereignty: An Indian Reserve And A Canadian City, Douglas C. Harris
Property And Sovereignty: An Indian Reserve And A Canadian City, Douglas C. Harris
All Faculty Publications
Property rights, wrote Morris Cohen in 1927, are delegations of sovereign power. They are created by the state and operate to establish limits on its power. As such, the allocation of property rights is an exercise of sovereignty and a limited delegation of it. Sixty years later, Joseph Singer used Cohen’s conceptual framing in a critical review of developments in American Indian law. Where the US Supreme Court had the opportunity to label an American Indian interest as either a sovereign interest or a property interest, he argued, it invariably chose to the disadvantage of the Indians. Within Canada, Indigenous …
The Process Of Reclaiming Tribal Sovereignty Through Healthcare Autonomy, Karolina A. Serhan
The Process Of Reclaiming Tribal Sovereignty Through Healthcare Autonomy, Karolina A. Serhan
Honors Theses
This honors thesis explores the complex interplay between health status, healthcare, and tribal sovereignty among native communities in the United States. These relationships are explored through analyzing the paradoxical and condescending nature of the Federal Trust Responsibility in relation to government-organized healthcare programs for natives. In establishing this relationship, the thesis goes on to illustrate how native communities have effectively fought to regain sovereignty through reclaiming autonomy of their healthcare systems through the use of the 1975 Indian Self-Determination and Education Assistance Act. The impact of tribal-led healthcare systems is further explored through an in-depth case study conducted regarding the …
The Fairness Of Tribal Court Juries And Non-Indian Defendants, Julia M. Bedell
The Fairness Of Tribal Court Juries And Non-Indian Defendants, Julia M. Bedell
American Indian Law Review
No abstract provided.
Access To Energy In Indian Country: The Difficulties Of Self-Determination In Renewable Energy Development, Nicholas M. Ravotti
Access To Energy In Indian Country: The Difficulties Of Self-Determination In Renewable Energy Development, Nicholas M. Ravotti
American Indian Law Review
No abstract provided.
States And Their American Indian Citizens, Matthew L.M. Fletcher
States And Their American Indian Citizens, Matthew L.M. Fletcher
American Indian Law Review
No abstract provided.
The Tribal Labor Sovereignty Act: Do Indian Tribes Finally Hold A Trump Card?, Vicki J. Limas
The Tribal Labor Sovereignty Act: Do Indian Tribes Finally Hold A Trump Card?, Vicki J. Limas
American Indian Law Review
No abstract provided.
Continuing To Work For Indian Country In The 115th Congress, T. Michael Andrews
Continuing To Work For Indian Country In The 115th Congress, T. Michael Andrews
American Indian Law Review
No abstract provided.
Mega Sporting Events Procedures And Human Rights: Developing An Inclusive Framework, Abby Meaders Henderson
Mega Sporting Events Procedures And Human Rights: Developing An Inclusive Framework, Abby Meaders Henderson
American Indian Law Review
No abstract provided.
Improving Microfinance Through International Agreements And Tailoring The System To Assist Indigenous Populations, Jacob Krysiak
Improving Microfinance Through International Agreements And Tailoring The System To Assist Indigenous Populations, Jacob Krysiak
American Indian Law Review
No abstract provided.
Indigenous People, Human Rights, And Consultation: The Dakota Access Pipeline, Walter H. Mengden Iv
Indigenous People, Human Rights, And Consultation: The Dakota Access Pipeline, Walter H. Mengden Iv
American Indian Law Review
No abstract provided.
Yellowbear V. Lampert— Putting Teeth Into The Religious Land Use And Institutionalized Person Act Of 2000, Nathan Lobaugh
Yellowbear V. Lampert— Putting Teeth Into The Religious Land Use And Institutionalized Person Act Of 2000, Nathan Lobaugh
American Indian Law Review
No abstract provided.
Winner, Best Appellate Brief In The 2017 Native American Law Student Association Moot Court Competition, Devon Suarez, Simon Goldenberg
Winner, Best Appellate Brief In The 2017 Native American Law Student Association Moot Court Competition, Devon Suarez, Simon Goldenberg
American Indian Law Review
No abstract provided.
Through A Federal Habeas Corpus Glass, Darkly – Who Is Entitled To Effective Assistance Of Counsel In Tribal Court Under Icra And How Will We Know If They Got It?, Jordan Gross
American Indian Law Review
No abstract provided.
Tribal Sovereignty And The Recognition Power, Lance F. Sorenson
Tribal Sovereignty And The Recognition Power, Lance F. Sorenson
American Indian Law Review
No abstract provided.
Twenty-Five Years Later: The Amendments To The National Historic Preservation Act And Tribal Consultation, Brody Hinds
Twenty-Five Years Later: The Amendments To The National Historic Preservation Act And Tribal Consultation, Brody Hinds
American Indian Law Review
No abstract provided.
Foreign-Trade Zones In Indian County: Is A Foreign-Trade Zone Right For Your Tribe?, Jacob Laughlin
Foreign-Trade Zones In Indian County: Is A Foreign-Trade Zone Right For Your Tribe?, Jacob Laughlin
American Indian Law Review
No abstract provided.
Silence Is Anything But Golden: Laws Of General Applicability In Indian Country, Bryan R. Lynch
Silence Is Anything But Golden: Laws Of General Applicability In Indian Country, Bryan R. Lynch
American Indian Law Review
No abstract provided.
Alvarez V. Lopez: The Ninth Circuit Overextends Congress's Intended Use Of Plenary Powers With Its Interpretation Of The Icra Jury Provision, Teddy Webb
American Indian Law Review
No abstract provided.
Lessons From Relocations Past: Climate Change, Tribes, And The Need For Pragmatism In Community Relocation Planning, Eli Keene
American Indian Law Review
No abstract provided.
Beyond A Zero-Sum Federal Trust Responsibility: Lessons From Federal Indian Energy Policy, Monte Mills
Beyond A Zero-Sum Federal Trust Responsibility: Lessons From Federal Indian Energy Policy, Monte Mills
Articles
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 …
The Door Has A Tendency To Swing Shut: The Saga Of Aboriginal Peoples' Equality Claims, Naiomi Metallic
The Door Has A Tendency To Swing Shut: The Saga Of Aboriginal Peoples' Equality Claims, Naiomi Metallic
Articles, Book Chapters, & Popular Press
This paper tracks the history of Aboriginal peoples' equality complaints against the state. From the time Aboriginal people started to bring discrimination complaints before the courts, there have been significant obstacles that have operated to effectively — and sometimes even explicitly — prevent Aboriginal peoples from advancing pressing discrimination complaints against governments. Although there have been changes made in the law over time to attempt to eliminate such barriers, what we see is a pattern where new obstacles crop up to replace the old ones. Over and over, Aboriginal peoples see the door to equality open up only to have …
Explaining The Modernized Leasing And Right-Of-Way Regulations For Indian Lands, Kevin Washburn, Jody Cummings
Explaining The Modernized Leasing And Right-Of-Way Regulations For Indian Lands, Kevin Washburn, Jody Cummings
Faculty Scholarship
The Obama Administration enacted significant reforms to the regulatory rules governing federal leasing and right of way approvals across tribal lands in Parts 162 and 169 of the Indian title of the federal regulations. These reforms had many aims. They sought to improve the environment for economic development on Indian reservations by speeding regulatory approvals, increasing predictability (by, in part, narrowing agency discretion), and increasing deference to tribal governmental decisions. The reforms sought to help tribal governments capture economic value that had previously been denied them, for example, by preventing so called "piggybacking" on pre-existing rights of way and clarifying …
Operationalizing Free, Prior, And Informed Consent, Carla F. Fredericks
Operationalizing Free, Prior, And Informed Consent, Carla F. Fredericks
Publications
The UN Declaration on the Rights of Indigenous Peoples (UNDRIP) has acknowledged varying ways in which international actors can protect, respect and remedy the rights of indigenous peoples. One of these methods is the concept of free, prior and informed consent (FPIC) as described in Articles 10, 19, 28 and 29. There has been much debate in the international community over the legal status of the UNDRIP, and member states have done little to implement it. In applied contexts, many entities like extractive industries and conservation groups are aware of risks inherent in not soliciting FPIC and have endeavored to …
They Were Here First: American Indian Tribes, Race, And The Constitutional Minimum, Sarah Krakoff
They Were Here First: American Indian Tribes, Race, And The Constitutional Minimum, Sarah Krakoff
Publications
In American law, Native nations (denominated in the Constitution and elsewhere as “tribes”) are sovereigns with a direct relationship with the federal government. Tribes’ governmental status situates them differently from other minority groups for many legal purposes, including equal protection analysis. Under current equal protection doctrine, classifications that further the federal government’s unique relationship with tribes and their members are subject to rationality review. Yet this deferential approach has recently been subject to criticism and is currently being challenged in the courts. Swept up in the larger drift toward colorblind or race-neutral understandings of the Constitution, advocates and commentators are …
Foreword: A ‘Coyote Warrior’ And The ‘Great Paradoxes,’ The Scholarship Of Professor Raymond Cross, Monte Mills
Foreword: A ‘Coyote Warrior’ And The ‘Great Paradoxes,’ The Scholarship Of Professor Raymond Cross, Monte Mills
Articles
This Foreword to the Public Land and Resources Law Review special issue republishing and celebrating the scholarship of Professor Raymond Cross provides a context and framework for understanding and appreciating the issue's articles. The Foreword reviews Professor Cross' legacy of work as a tribal attorney on behalf of the Three Affiliated Tribes (Mandan, Hidatsa, and Arikara) of the Fort Berthold Reservation and discusses the important contributions his scholarly work continue to make to the field of Federal Indian Law. As noted at the conclusion of the Foreword, "[i]t is a true honor to introduce and present some of his important …