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Indigenous, Indian, and Aboriginal Law Commons

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Sovereignty

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Articles 121 - 130 of 130

Full-Text Articles in Indigenous, Indian, and Aboriginal Law

Self-Determination For Indigenous Peoples At The Dawn Of The Solar Age, Dean B. Suagee Jun 1992

Self-Determination For Indigenous Peoples At The Dawn Of The Solar Age, Dean B. Suagee

University of Michigan Journal of Law Reform

In addition to challenging readers to help make the principle of self-determination a reality for indigenous peoples, this Article challenges indigenous leaders, especially those in the United States, to help formulate our collective vision of a sustainable future and to provide leadership in making that vision a reality. The United Nations has designated 1993 the International Year for the World's Indigenous Peoples, and this event will provide tribal leaders with opportunities to have their voices heard. Tribal leaders in the United States should take full advantage of these opportunities and step to the forefront of the movement to hasten the …


A Genealogy Of Law: Inherent Sovereignty And First Nations Self-Government, John J. Borrows Apr 1992

A Genealogy Of Law: Inherent Sovereignty And First Nations Self-Government, John J. Borrows

Osgoode Hall Law Journal

First Nations self-government in Canada has often been regarded as extinguished or delegated from the British Crown or the Canadian federal government. First Nations self-government among the Chippewas of the Nawash Band in southern Ontario has not been extinguished or delegated, but continues to exist as an inherent exercise of community sovereignty. The idea of existing Aboriginal self-government in modern-day Ontario contrasts with many prevailing notions about Native society in Canada today. The inherent and unextinguished nature of self-government among the Nawash Band is demonstrated by examining the events of the author's ancestors and community in their interactions with foreign …


Aboriginal Sovereignty And Imperial Claims, Brian Slattery Oct 1991

Aboriginal Sovereignty And Imperial Claims, Brian Slattery

Osgoode Hall Law Journal

It is commonly assumed that Indigenous American nations had neither sovereignty in international law nor title to their territories when Europeans first arrived; North America was legally vacant and European powers could gain title to it simply by discovery, symbolic acts, occupation, or treaties among themselves. It follows, on this view, that current Indigenous claims to internal sovereignty or a "third order of government" have no historical basis. This paper argues that this viewpoint is misguided and cannot be justified either by reference to positive international law or basic principles of justice. The author's view is that Indigenous American nations …


Tribal-State Relations: Hope For The Future?, Frank Pommersheim Jan 1991

Tribal-State Relations: Hope For The Future?, Frank Pommersheim

Faculty Publications

No abstract provided.


Two Sides Of The Same Coin: The Potential Normative Power Of American Cities And Indian Tribes, Kevin J. Worthen Jan 1991

Two Sides Of The Same Coin: The Potential Normative Power Of American Cities And Indian Tribes, Kevin J. Worthen

Faculty Scholarship

People do not normally associate cities with Indian reservations. The mental images typically conjured by each term are radically different. Perhaps for that reason, few think of city governments and tribal governments in similar terms.

However, the two forms of government - cities and Indian reservations - have many things in common. Both are excluded from the federal constitutional framework. Both are subject to the plenary power of one of the constitutionally recognized governments - cities to the state government, tribes to the federal government. Both are the most intimate form of government with which most of their residents are …


The Process Of Decision-Making In Tribal Courts, Tom Tso Jun 1988

The Process Of Decision-Making In Tribal Courts, Tom Tso

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

11 pages.


The Hermeneutics Of Indian Law, Robert A. Williams Jr. May 1987

The Hermeneutics Of Indian Law, Robert A. Williams Jr.

Michigan Law Review

A Review of American Indians, Time, and the Law: Native Societies in a Modern Constitutional Democracy by Charles F. Wilkinson


Booknote. Indian Country By Peter Matthiessen, David C. Williams Jan 1985

Booknote. Indian Country By Peter Matthiessen, David C. Williams

Articles by Maurer Faculty

No abstract provided.


Dial V. Navajo-Hopi Relocation Commission: Relocation Benefits Jan 1982

Dial V. Navajo-Hopi Relocation Commission: Relocation Benefits

American Indian Law Review

No abstract provided.


Tribal Self-Government And The Indian Reorganization Act Of 1934, Michigan Law Review Apr 1972

Tribal Self-Government And The Indian Reorganization Act Of 1934, Michigan Law Review

Michigan Law Review

The Indian Reorganization (Wheeler-Howard) Act of 1934 (IRA) was, by all accounts, one of the most significant single pieces of legislation directly affecting Indians ever enacted by the Congress of the United States. It has been "equalled in scope and significance only by the legislation of June 30, 1834, and the General Allotment Act of February 8, 1887." A major reversal of governmental policy and approach toward Indian affairs was effectuated by the IRA. This Comment will be concerned with the IRA as it affected the concept of tribal self-government, and primarily with those sections providing for adoption of tribal …