Indigenous, Indian, and Aboriginal Law Commons^™

Sports Betting And Indian Gaming: Should Tribal Casinos Get In The Game?, Kathryn R. L. Rand, Steven Andrew Light

Law Faculty Publications

No abstract provided.

Beyond Vawa: Protecting Native Women From Sexual Violence Within Existing Tribal Jurisdictional Structures, Jessica Allison

University of Colorado Law Review

One in three American Indian women will be raped in her lifetime. This rampant assault is only exacerbated by the fact that tribes have not been able to prosecute non- Indians for any crime, including rape, since the 1970s. The Violence Against Women Reauthorization Act of 2013 took a small step toward filling this jurisdictional hole by creating provisions under which tribes can prosecute certain non- Indian defendants for a limited set of sexual violence crimes. However, VAWA is not enough to protect Indian women from the astronomical rates of violence they experience. This Comment explores mechanisms used by tribes …

Cultural Appropriation Of Traditional Garment Designs In The Post-Star Athletica Era, Sahara F. Farzaneh

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Reclaiming The Navajo Range: Resolving The Conflict Between Grazing Rights And Development, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

Grazing is fundamental to Navajo identity, yet management of the Navajo range remains highly problematic. This Essay connects the federal government's devastating livestock reduction effort of the 1930s with the inability of the Navajo Nation to place meaningful limits on grazing and the power of grazing permittees. It argues that the Navajo Nation should consider reasserting the tribe's traditional understanding that property rights depend on use as a way to create space for reservation development.

The Promise And Pitfalls Of C-92: An Act Respecting First Nations, Inuit, And Métis Children, Youth And Families, Naiomi Metallic, Hadley Friedland, Sarah Morales

Reports & Public Policy Documents

On June 21, 2019, Bill C-92 An Act Respecting First Nations, Inuit and Métis Children, Youth and Families became law. The Bill is a huge and unprecedented step forward in Canada. It is the first time the federal government has exercised its jurisdiction to legislate in the area of Indigenous child welfare.

In this article, we identify both the improvements in Bill C-92 since our last report as well as key problems that remain in the five following areas: 1) National Standards 2) Jurisdiction 3) Funding 4) Accountability 5) Data Collection We also suggest strategies to assist Indigenous communities in …

Traditional Ecological Knowledge In Environmental Decisionmaking, Anthony Moffa

Faculty Publications

Traditional ecological knowledge (TEK) is defined as a deep understanding of the environment developed by local communities and indigenous peoples over generations. In the United States, Canada, and around the world, indigenous peoples are increasingly advocating for incorporation of TEK into a range of environmental decisionmaking contexts, including natural resource and wildlife management, pollution standards, environmental and social planning, environmental impact assessment, and adaptation to climate change. On October 31, 2018, ELI hosted an expert panel on TEK, co-sponsored by the National Native American Bar Association and the American Bar Association Section of Environment, Energy, and Resources. The panel discussed …

Front Pages

American Indian Law Review

No abstract provided.

California Indian Tribes And The Marine Life Protection Act: The Seeds Of A Partnership To Preserve Natural Resources, Curtis G. Berkey, Scott W. Williams

American Indian Law Review

No abstract provided.

The Opioid Crisis In Indian Country: The Impact Of Tribal Jurisdiction And The Role Of The Exhaustion Doctrine, Matt Irby

American Indian Law Review

No abstract provided.

Internet Gaming On & Off Tribal Lands, Logan Blackmore

American Indian Law Review

No abstract provided.

Digging Deeper To Protect Tribal Property Interests: United States V. Osage Wind, Llc, Allison B. Christian

American Indian Law Review

No abstract provided.

Overlooking Canon: How The Alabama Supreme Court Used A Footnote To Disregard Tribal Sovereign Immunity In Wilkes V. Pci Gaming Authority, Ridge Howell

American Indian Law Review

No abstract provided.

“Perhaps Congress Would, Perhaps Congress Should”—Why Match-E-Be-Nash-She-Wish Band Of Pottawatomi Indians V. Patchak And Carcieri V. Salazar Must Be Legislatively Overridden To Protect The Ira Trust Acquisition Authority, Kendall Mccoy

American Indian Law Review

No abstract provided.

Winner, Best Appellate Brief In The 2019 Native American Law Student Association Moot Court Competition, Chelsea Minuche, Claire Postman

American Indian Law Review

No abstract provided.

Front Pages

American Indian Law Review

No abstract provided.

How The New Deal Became A Raw Deal For Indian Nations: Justice Stanley Reed And The Tee-Hit-Ton Decision On Indian Title, Kent Mcneil

American Indian Law Review

No abstract provided.

Keeping Cultural Bias Out Of The Courtroom: How Icwa “Qualified Expert Witnesses” Make A Difference, Elizabeth Low

American Indian Law Review

No abstract provided.

Being Uighur . . . With “Chinese Characteristics”: Analyzing China’S Legal Crusade Against Uighur Identity, Brennan Davis

American Indian Law Review

No abstract provided.

United States V. Bryant: The Results Of Upholding Women’S Rights And Tribal Sovereignty, Madalynn Martin

American Indian Law Review

No abstract provided.

What Are The Odds? The Potential For Tribal Control Of Sports Gambling After Murphy V. Ncaa, Haley Maynard

American Indian Law Review

No abstract provided.

Thickening The Thin Blue Line In Indian Country: Affirming Tribal Authority To Arrest Non-Indians, Alex Treiger

American Indian Law Review

No abstract provided.

An Act Respecting First Nations, Inuit And Métis Children, Youth And Families: Does Bill C-92 Make The Grade?, Naiomi Metallic, Hadley Friedland, Aimée Craft, Jeffery Hewitt, Sarah Morales

Reports & Public Policy Documents

On Thursday, February 28, 2019, the federal government introduced Bill C-92, An Act respecting First Nations, Métis and Inuit children, youth and families for first reading. After many years of well documented discrimination against Indigenous children, there is much hope in this legislative process to reverse this trend, empower Indigenous peoples to reclaim jurisdiction in this area, and ensure the rights of children are affirmed. To realize those hopes, we have drafted this analysis with the aim to improve the current legislation as it moves through committee and the Senate.

Nagwediẑk’An Gwaneŝ Gangu Ch’Inidẑed Ganexwilagh: The Fires Awakened Us: Tsilhqot’In Report On The 2017 Wildfires, Jocelyn Stacey, Crystal Verhaeghe, Emma Feltes

All Faculty Publications

This report documents the experiences of the Tsilhqot'in Nation during the historic 2017 wildfire season. It identifies needs and recommendations for moving forward with nation-to-nation emergency management.

Ending Piecemeal Recognition Of Indigenous Nationhood And Jurisdiction: Returning To Rcap’S Aboriginal Nation Recognition And Government Act, Naiomi Metallic

Articles, Book Chapters, & Popular Press

Most Indigenous groups in Canada are not self-governing. While the last two decades have seen an increase in laws and policies that provide some Indigenous groups greater control over their territories and citizens, overall these have been ineffective in achieving transformative change. What has transpired in Canada over the last twenty years can be characterized as ‘piecemeal recognition’—discrete recognition of Indigenous control here and there in a case, policy or statute—and implemented in a patchwork fashion. In 1996 the Royal Commission on Aboriginal Peoples report advanced a very reasonable proposal for national legislation recognizing the right of Indigenous peoples to …

Celebrating 30 Years Of The Indigenous Blacks & Mi’Kmaq Initiative: How The Creation Of A Critical Mass Of Black And Aboriginal Lawyers Is Making A Difference In Nova Scotia, Naiomi Metallic

Articles, Book Chapters, & Popular Press

Drawing on my own experience as alumni of the Indigenous Blacks & Mi’kmaq Initiative at the Schulich School of Law at Dalhousie University—one of the only dedicated access program in a Canadian law school for Black and Aboriginal students—I argue that such programs create optimal conditions for fostering greater awareness of critical race issues within the legal profession. The reason for this is that such programs create a critical mass of Black and Aboriginal law students and alumni, who support and encourage each other and, as a result, acquire confidence and skill in raising, and educating others about, critical race …

Proceedings Of Expert Forum On First Nations Social Assistance Reform, September 3, 2019, Naiomi Metallic, Fred Wien

Articles, Book Chapters, & Popular Press

Social assistance, whether directed to the mainstream population or to First Nations, is not – according to Forum participants -- a sexy topic. Specifically, with respect to First Nation persons living on reserve in Canada, it has been largely a neglected field except for those directly responsible for administering it. Despite its substantive importance, it has not received a lot of attention from the academic research community, for example, nor is it usually near the top of the list of priorities for political leaders and governments.

Why is this the case? Perhaps it has to do with the history of …

The Intersection Of Indigenous Public Health With Law And Policy In Canada, Constance Macintosh

Articles, Book Chapters, & Popular Press

This chapter presents an overview of the law, policy and governance practices that are most directly implicated in the population health of Indigenous people who reside in Canada. The first section provides a general description of the socio-legal categories that are drawn upon in health policy, programming and legislation regarding Indigenous peoples. It briefly describes roles in funding and delivering community health services and programming, as well as disputes about responsibilities and some shortcomings.

The second section provides an overview of the population health status of Indigenous peoples. Epidemiological data is presented, and select social determinants of health are also …

Call For Inputs: Climate Change And Human Rights: A Safe Climate, Sara L. Seck, Lisa Benjamin

Articles, Book Chapters, & Popular Press

There is now global agreement that human rights norms apply to the full spectrum of environmental issues, including climate change. The previous Special Rapporteur on human rights and the environment, Mr. John Knox, developed Framework Principles on Human Rights and the Environment that set forth three sets of duties that engage both States and businesses: procedural obligations; substantive obligations; and obligations relating to those in vulnerable situations.

The current Special Rapporteur on human rights and the environment, Mr. David Boyd, is working to provide additional clarity regarding the substantive obligations relating to a range of elements that are essential to …

Statutory Recognition Of Indigenous Custom Adoption: Its Role In Strengthening Self-Governance Over Child Welfare, Celeste Cuthbertson

Dalhousie Journal of Legal Studies

This article critically examines the statutory recognition of Indigenous custom adoption in Canada. Settler state recognition of custom adoption in each province and territory is discussed and the possibility of conflation between custom adoption and settler state adoption is highlighted. The author argues that statutory regimes have a role in strengthening Indigenous self-governance over child welfare so long as the conflation of diverse practices is rejected, and recognition is accompanied by control and support.

Environmental Justice And The Possibilities For Environmental Law, Sarah Krakoff

Publications

Climate change and extreme inequality combine to cause disproportionate harms to poor communities throughout the world. Further, unequal resource allocation is shot through with the structures of racism and other forms of discrimination. This Essay explores these phenomena in two different places in the United States, and traces law’s role in constructing environmental and economic vulnerability. The Essay then proposes that solutions, if there are any to be had, lie in expanding our notions of what kinds of laws are relevant to achieving environmental justice, and in seeing law as a possible tactic for instigating broader social change but not …