Indigenous, Indian, and Aboriginal Law Commons^™

Navajo Peacekeeping: Technology And Traditional Indian Law, Robert Yazzie

St. Thomas Law Review

No abstract provided.

Convoluted Essence: Indian Rights And The Federal Trust Doctrine, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

In recent years there has been growing resentment from what one might term, for lack of a better phrase, the "anti-trust" segment. These commentators have offered a host of arguments to support their position: the trust doctrine has been and is still used primarily to "give moral color to depredations of tribes;" it is "an assertion of unrestrained political power over Indians, power that may be exercised without Indian consent and without substantial legal restraint;" and it is really a "metaphor for federal control of Indian affairs without signifying any enforceable rights of the tribal `beneficiaries.'" Yet others suggest that …

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

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

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

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

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

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

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

St. Thomas Law Review

No abstract provided.

The United Nations Draft Declaration On The Rights Of Indigenous Peoples, Julian Burger

St. Thomas Law Review

No abstract provided.

Environmental Regulation Of Oil And Gas Development On Tribal Lands: Who Has The Authority?, Richard B. Collins, Tom Shipps, Marla Williams, University Of Colorado Boulder. Natural Resources Law Center

Environmental Regulation of Oil and Gas Development on Tribal Lands: Who Has the Authority? (November 1)

14 pages.

Collection of 3 papers presented at the Hot Topics in Natural Resources Law program held on Nov. 1, 1995.

Includes bibliographical references.

Contents:

Environmental regulation of oil and gas development on tribal lands : who has authority? / Richard Collins -- Environmental regulation of energy resource development on Indian reservation land / Tom Shipps -- Colorado Oil and Gas [Conservation] Commission jurisdiction over environmental matters on Indian lands / Marla Williams

Jurisdiction to regulate the environmental impacts of oil and gas development on the reservation has been contested by tribes, the state, private land owners and federal agencies. …

The Journey, G. Peter Jemison

St. Thomas Law Review

No abstract provided.

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

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

St. Thomas Law Review

No abstract provided.

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

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

St. Thomas Law Review

No abstract provided.

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

St. Thomas Law Review

No abstract provided.

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

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

St. Thomas Law Review

No abstract provided.

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

St. Thomas Law Review

No abstract provided.

Recognizing And Enforcing State And Tribal Judgements: A Roundtable Discussion Of Law, Policy, And Practice, Richard E. Ransom, Christine Zuni, P. S. Deloria, Robert N. Clinton

American Indian Law Review

No abstract provided.

Agenda: The Public Lands During The Remainder Of The 20th Century: Planning, Law, And Policy In The Federal Land Agencies, University Of Colorado Boulder. Natural Resources Law Center

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

Conference organizers and/or speakers included University of Colorado School of Law professors Lawrence J. MacDonnell and Charles F. Wilkinson.

Public land management has undergone major changes in recent years in response to the greatly increased planning responsibilities mandated by Congress.

Public Lands During the Remainder of the 20th Century: Planning Law and Policy in the Federal Land Agencies looked at management and planning issues related to seven major resources in the public lands: timber, rangeland, minerals, wildlife, water, recreation, and preservation values. Charles F. Wilkinson, Professor of Law, University of Colorado, gave a luncheon talk on "Public Land Planning: Will …

[Introduction To] Diné Bibeehaz'aanii: A Handbook Of Navajo Government, David E. Wilkins

Bookshelf

The Diné (Navajos) inhabit a vast land of beauty and grace. It is a sprawling territory, bounded by sacred mountains and great rivers. The Navajo Reservation, first delineated in the 1868 treaty, has nearly quadrupled in size since then through some twenty-five additions. Today, the Diné land base is some 25,000 square miles (sixteen million acres roughly), encompassing a large portion of northeastern Arizona, a part of northwester New Mexico, and some 1,900 square miles in southeastern Utah. This tremendous stretch of land, the largest Indian reservation in the county, is slightly larger than the state of West Virginia.

Navajo …