Indigenous, Indian, and Aboriginal Law Commons^™

Sacred Sites And Modern Lives: The Miami Circle And Beyond, Franklyn M. Casale

St. Thomas Law Review

It is with great pleasure that I welcome you all to our Fifth Tribal Sovereignty Symposium. This year's main concern is a very local one, but one with national and international implications. Its title is "Sacred Sites and Modem Lives: The Miami Circle and Beyond." We are very proud that St. Thomas University is the location for such an important discussion that will have significant impact in our community and beyond.

Sovereignty And Sacred Land, Bardie C. Wolfe Jr., Oren Lyons

St. Thomas Law Review

I was pleased to come down here for several reasons: one being that my son is down here and I get a chance to say hello to him, and the other, to talk about the importance of not only sacred sites but the term sovereignty; tribal sovereignty. We know that sovereignty is an English term, a European term. It deals with sovereigns; it deals with kings; it deals with those who control everything. Sovereignty is something we learn from being in contact with these nations for so long, I think that the Haudenosaunee, also known as the Iroquois by the …

The Indispensable Function Of The Sacred, Erica-Irene A. Daes

St. Thomas Law Review

Distinguished elders, scholars and guests, I am greatly honored by your invitation to present the Susan J. Ferrell keynote address at this important gathering. It is, of course, particularly appropriate that we meet together on this very timely topic in the city of Miami, location of one of the more recent (and, I am happy to say, successful) struggles to protect the heritage of indigenous peoples, and that we meet at the invitation of Professor Weissner, who played a significant role in that struggle.

Sovereignty In Spiritual Perspective, Perry Horse

St. Thomas Law Review

When my forebears entered the Twentieth Century one hundred years ago they were dispirited because of what was lost. Gone was the old religion of K'caawT'doh (the Medicine Lodge). Gone were the On'gma Peenh (our own food), i.e., the buffalo. Gone were the days of a free, independent lifestyle. Gone was the old economy of self-sufficiency, hunting, and trade. All that was left was our native language, remnants of our aboriginal territory, our traditions and beliefs, and many of the old songs, dances, and rituals. The last century was one of transition for the Kiowas as well as all other …

Forces Of Light: The Spiritual Battle For The Miami Circle, Geeta Sacred Song

St. Thomas Law Review

The land is my body, the water my blood. The wind is my nourishment, the fire my spirit. On the sacred path, we relate to every thing. We are deeply appreciative of all creation. Every thing is living and breathing, and every thing is a reason to rejoice. Therefore, every thing needs to be in its proper order, and when it is not, we must defend it. It is not that we want to defend it, we must defend it. I am sure that everyone here feels that they have a job, a job to be a student, to be …

The Miami Circle And Beyond, Bobby C. Billie

St. Thomas Law Review

My name is Bobby C. Billie. I am the Spiritual Leader, and a Clan Leader of the Independent Traditional Seminole Nation of Florida. The Independent Traditional Seminole Nation of Florida has been organized under the Natural Law System and follows the Traditional Laws, and has been recognized under the Creator's Law. My grandpa was Ingraham Billie. His great, great, great grandpa was Sam Jones or Arpeika. These were two Leaders of my Nation over the past three hundred years. But there have been more beyond these three hundred years. Indigenous Natural People know and feel all Creation of the Earth …

Dean's Welcoming Remarks, John Makdisi

St. Thomas Law Review

I also would like to welcome you to this wonderful conference the fifth that has been sponsored at this school. As many of you know, I am new to the school, but my friendship with the director and with the co-host of this conference extend back many years to the time I was in Tulsa, Oklahoma. At that time, I had the good fortune to meet Professor Seigfried Wiessner, the director, and Professor Kirke Kickingbird, our co-host. Tulsa hosted a Sovereignty Symposium every year, and it was then that I was introduced to the mysteries and to the sacredness and …

Florida's War On Indian Gaming: An Attack On Tribal Sovereignty, Jerry C. Straus

St. Thomas Law Review

In 1988 Congress passed the Indian Gaming Regulatory Act (IGRA). The states, disappointed with certain aspects of the IGRA legislation, launched a war against Indian tribes to stop them from conducting the gaming which Congress had determined was a vital source of economic development for tribes and a proper exercise of tribal sovereignty. In 1994 governors from forty-nine states signed and sent a letter to Congress urging drastic revisions in the law purportedly to protect states' rights. To this day, every Session of Congress brings the introduction of legislation that would curtail or destroy Indian gaming rights. The states viewed …

The Miami Circle: Teacher Of Respect For Nature, People, History, And Place, Dennis Wiedman

St. Thomas Law Review

Cut into the limestone bedrock shore of the Miami River where it enters Biscayne Bay, the Miami Circle has captured local, state, national and international attention since its discovery in September 1998. This paper captures the information, insight, and cultural values expressed by the various contributors to the conference on "Sacred Sites and Modem Lives: The Miami Circle and Beyond." It highlights the lessons that enable us to better understand the significance of the Miami Circle's past, its present implications for the South Florida community, and visions of its future.

Will The Circle Be Unbroken--The Miami Circle Discovery And It's Significance For Urban Evolution And Protection Of Indigenous Culture, Pamela G. Levinson

St. Thomas Law Review

A mysterious, ancient stone circle carved into limestone bedrock discovered on a downtown Miami bayfront lot has set a legal precedent for the world. The unique formation known as the Miami Circle has been saved by the exercise of the ultimate power of government - eminent domain. Thus its relevance stretches beyond the local struggle to save one ancient archaeological curiosity. Rather, it stands as a model for the preservation of similar archaeological structures and artifacts found on private lands, which up to now have been vulnerable to destruction. It also stands as a model of hope for other sites …

The Reinvigoration Of The Doctrine Of Implied Repeals: A Requiem For Indigenous Treaty Rights, David E. Wilkins

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

America's indigenous nations occupy a distinctive political within the United States as separate sovereigns whose rights in the doctrine of inherent tribal sovereignty, affirmed in hundreds of ratified treaties and agreements, acknowledged in the Commerce the U.S. Constitution, and recognized in ample federal legislation case law. Ironically, while indigenous sovereignty is neither ally defined or delimited, it may be restricted or enhanced by One could argue, then, that indeterminacy or inconsistency of the tribal-federal political/legal relationship.

"Tribal Sovereignty Is A Sacred Trust": An Open Letter To The Conference, Wilma Mankiller

American Indian Law Review

No abstract provided.

Federal Consultation With Indian Tribes: The Foundation Of Enlightened Policy Decisions, Or Another Badge Of Shame?, Derek C. Haskew

American Indian Law Review

No abstract provided.

Nations Within A Nation: The Evolution Of Tribal Immunity, Theresa R. Wilson

American Indian Law Review

No abstract provided.

Ancestry And Casino Dollars In The Formation Of Tribal Identity, Eric Henderson

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Remarks On Tribal History And Culture, Brian Patterson

St. Thomas Law Review

There is a lot to be said in a matter of minutes regarding what has occurred in the past five-hundred years. As we talk about culture, I wonder: What exactly is culture? For what we have been given, for what we have been able to retain is an understanding of who we are as people, of the instructions the Creator has given to all of us on this good Mother Earth. So as we struggle in this day and age, we hear words such as religion, culture, heritage. In my young mind-relatively young-I wonder what this really means when what …

Reconstituting Haudenosaunee Law, Sovereignty, And Governance, Errol E. Meidinger

Journal Articles

This article introduces a symposium issue on "Law, Sovereignty, and Tribal Governance: The Iroquois Confederacy" that grew out of a conference at the University at Buffalo Law School in 1998. The symposium was heavily attended and debated by the indigenous peoples of the region. The article argues that core lessons of the conference included the requirement to understand and implement sovereignty as tool of cultural survival, particularly in its insistence on a land base; that sovereignty has been adopted as a central concept by Indian peoples both because it provides a necessary social bulwark and because it facilitates a discursive …

Indians: Modern Tribal Jurisdiction Over Non-Indian Parties: The Supreme Court Takes Another Bite Out Of Tribal Sovereignty In Strate V. A-1 Contractors, Aaron S. Duck

Oklahoma Law Review

No abstract provided.

Indian Law In The United States Supreme Court - Experiences In The 1980s And Predictions For The 1990s, Reid Peyton Chambers

American Indian Law Review

No abstract provided.

Indian Tribal Rights And The National Forests: The Case Of The Aboriginal Lands Of The Nez Perce Tribe, Charles F. Wilkinson

Publications

No abstract provided.

Tribal Sovereignty In The Twenty-First Century, Lawrence Hart

St. Thomas Law Review

No abstract provided.

What Must Be Done To Achieve The Vision Of The Twenty-First Century Tribal Judiciary, Frank Pommersheim

Faculty Publications

No abstract provided.

[Introduction To] American Indian Sovereignty And The U.S. Supreme Court: The Masking Of Justice, David E. Wilkins

Bookshelf

"Like the miner's canary, the Indian marks the shift from fresh air to poison gas in our political atmosphere and our treatment of Indians, even more than our treatment of other minorities, reflects the rise and fall in our democratic faith, wrote Felix S. Cohen, an early expert in Indian legal affairs.

In this book, David Wilkins charts the "fall in our democratic faith" through fifteen landmark cases in which the Supreme Court significantly curtailed Indian rights. He offers compelling evidence that Supreme Court justices selectively used precedents and facts, both historical and contemporary, to arrive at decisions that have …

Narragansett Indian Tribe Of Rhode Island V. Narragansett Electric Company: When Dependent Indian Communities Fall Within Indian Country, Brent Eckersley

American Indian Law Review

No abstract provided.

Tribal Court General Civil Jurisdiction Over Actions Between Non-Indian Plaintiffs And Defendants: Strate V. A-1 Contractors, Jamelle King

American Indian Law Review

No abstract provided.

The Tribal Exhaustion Doctrine: "Just Stay On The Good Roads, And You've Got Nothing To Worry About", Phillip Allen White

American Indian Law Review

No abstract provided.

The Role Of Bilateralism In Fulfilling The Federal-Tribal Relationship: The Tribal Rights-Endangered Species Secretarial Order, Charles Wilkinson

Publications

No abstract provided.

Conquering The Cultural Frontier: The New Subjectivism Of The Supreme Court In Indian Law, David H. Getches

Publications

For a century and a half, the Supreme Court was faithful to a set of foundation principles respecting Indian tribal sovereignty. Though the United States can abrogate tribal powers and rights, it can only do so by legislation. Accordingly, the Court has protected reservations as enclaves for Indian self-government, preventing states from enforcing their laws and taxes, and holding that even federal laws could not be applied to Indians without congressional permission. Recently, however, the Court has assumed the job it formerly conceded to Congress, considering and weighing cases to reach results comporting with the Justices' subjective notions of what …

Home Dance, The Hopi, And Black Mesa Coal: Conquest And Endurance In The American Southwest, Charles F. Wilkinson

Publications

No abstract provided.

Protecting Tribal Sovereignty: Why States Should Not Be Able To Tax Contractors Hired By The Bia To Construct Reservation Projects For Tribes: Blaze Construction Co. V. New Mexico Taxation And Revenue Department: A Case Study, Richard J. Ansson Jr.

American Indian Law Review

No abstract provided.