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Indigenous, Indian, and Aboriginal Law Commons™
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Articles 181 - 194 of 194
Full-Text Articles in Indigenous, Indian, and Aboriginal Law
A Note On Navajo Nation V. Urban Outfitters, Inc., Brantly J. Stockton
A Note On Navajo Nation V. Urban Outfitters, Inc., Brantly J. Stockton
American Indian Law Review
No abstract provided.
Unprincipled Preemption: Why The Supreme Court Was Wrong In Oklahoma V. Castro-Huerta To Abandon Exclusive Federal Jurisdiction Over Crimes By Non-Indians Against Indians In Indian Country, Eric Ramoutar
American Indian Law Review
No abstract provided.
Removing The Stain Without Undermining Military Awards: Revoking Medals Earned At Wounded Knee Creek In 1890, Dwight S. Mears
Removing The Stain Without Undermining Military Awards: Revoking Medals Earned At Wounded Knee Creek In 1890, Dwight S. Mears
American Indian Law Review
No abstract provided.
How Poor Is Poor Enough? How Jurisdictional Differences In Implementing The Right To Counsel Affect Indigent Native Americans, J. Santana Spangler-Day
How Poor Is Poor Enough? How Jurisdictional Differences In Implementing The Right To Counsel Affect Indigent Native Americans, J. Santana Spangler-Day
American Indian Law Review
No abstract provided.
Benefit Corporations—A Tool For Economic Development And Fostering Sovereignty In Tribal Business Structures, Madelynn M. Dancer
Benefit Corporations—A Tool For Economic Development And Fostering Sovereignty In Tribal Business Structures, Madelynn M. Dancer
American Indian Law Review
No abstract provided.
The Amplified Federal Obligation: Why Dobbs V. Jackson Women’S Health Organization Amplifies The Federal Government’S Obligation To Provide Comprehensive Reproductive Health Care In Native American Communities, Rebecca M. Kamp
American Indian Law Review
No abstract provided.
Oklahoma V. Castro-Huerta—Using Sentencing Inequities To Address The Oliphant In The Room, Dillon M. Sullivan
Oklahoma V. Castro-Huerta—Using Sentencing Inequities To Address The Oliphant In The Room, Dillon M. Sullivan
American Indian Law Review
No abstract provided.
A Tribal Court Blueprint For The Choctaw Freedmen: Effect Of Cherokee Nation V. Nash, Leeann Littlejohn
A Tribal Court Blueprint For The Choctaw Freedmen: Effect Of Cherokee Nation V. Nash, Leeann Littlejohn
American Indian Law Review
No abstract provided.
State Taxing Power Over Tribal Leasing Activity: Balancing Bracker With The Call To Modernize, Caitlyn Lindstrom
State Taxing Power Over Tribal Leasing Activity: Balancing Bracker With The Call To Modernize, Caitlyn Lindstrom
American University Business Law Review
Federal law operates on the premise that state jurisdiction does not interfere with American Indian jurisdiction, and it is generally accepted that states may not tax Indian entities or members. However, the Supreme Court held that there are circumstances in which states may extend taxation onto non-Indians residing on tribal lands. In cases where Indians believe that states are violating legislation or regulations prohibiting state taxation, the Court follows the Bracker balancing test, an interest balancing test that weighs state, federal, and tribal interests. As with most balancing tests, this test lacks strict guidance on how to properly weigh certain …
The Significance Of The Un Declaration On The Rights Of Indigenous Peoples, S. James Anaya
The Significance Of The Un Declaration On The Rights Of Indigenous Peoples, S. James Anaya
Publications
No abstract provided.
Dissenting Opinion?, Richard B. Collins
Dissenting Opinion?, Richard B. Collins
Publications
Johnson v. M'Intosh is important for its extensive description of the racist Doctrine of Discovery. But its holding had no bearing on legal rights of American Indian nations. The opinion's articulation of tribal rights to land ownership and retained sovereignty were correctly stated.
Mainstream Media Portrayal Of Banishment And Nation-Imposed Punishment, Keely Ormond
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 …
Revising The Indian Plenary Power Doctrine, M. Henry Ishitani, Alexandra Fay
Revising The Indian Plenary Power Doctrine, M. Henry Ishitani, Alexandra Fay
Michigan Journal of Race and Law
The federal Indian law doctrine of Congressional plenary power is long overdue for an overhaul. Since its troubling nineteenth-century origins in Kagama v. United States (1886), plenary power has justified invasive Congressional interventions and undermined Tribal sovereignty. The doctrine's legal basis remains a constitutional conundrum. This Article considers the Court's recent engagement with plenary power in Haaland v. Brackeen (2023). It argues that the Brackeen opinions may signal judicial readiness to reevaluate the doctrine. The Article takes ahold of Justice Gorsuch's critical assessment and runs with it, ultimately proposing a method for cleaning up this destructive and constitutionally dubious line …