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Tribal sovereignty

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Articles 151 - 180 of 199

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

The Journey, G. Peter Jemison Jan 1995

The Journey, G. Peter Jemison

St. Thomas Law Review

No abstract provided.


Welcome Address, Daniel J. Morrissey Jan 1995

Welcome Address, Daniel J. Morrissey

St. Thomas Law Review

No abstract provided.


Sovereignty And Treaty Rights - We Remember, G. Peter Jemison Jan 1995

Sovereignty And Treaty Rights - We Remember, G. Peter Jemison

St. Thomas Law Review

No abstract provided.


Modern Tribal Government: Social And Economic Realities And Opportunities, Ross O. Swimmer Jan 1995

Modern Tribal Government: Social And Economic Realities And Opportunities, Ross O. Swimmer

St. Thomas Law Review

No abstract provided.


Native American Sovereignty And Treaty Rights: Are They Historical Illusions?, Robert A. Fairbanks Jan 1995

Native American Sovereignty And Treaty Rights: Are They Historical Illusions?, Robert A. Fairbanks

American Indian Law Review

No abstract provided.


The Flathead Water Quality Standards Dispute: Legal Bases For Tribal Regulatory Authority Over Non-Indian Reservation Lands, Daniel I.S.J. Rey-Bear Jan 1995

The Flathead Water Quality Standards Dispute: Legal Bases For Tribal Regulatory Authority Over Non-Indian Reservation Lands, Daniel I.S.J. Rey-Bear

American Indian Law Review

No abstract provided.


Demanding A Voice In Our Own Best Interest: A Call For A Delegate Of The Cherokee Nation To The United States House Of Representatives, Jack Blair Jan 1995

Demanding A Voice In Our Own Best Interest: A Call For A Delegate Of The Cherokee Nation To The United States House Of Representatives, Jack Blair

American Indian Law Review

No abstract provided.


Federal Recent Developments Jan 1995

Federal Recent Developments

American Indian Law Review

No abstract provided.


Power And Presumptions; Rules And Rhetoric; Institutions And Indian Law, Deborah A. Geier Jan 1994

Power And Presumptions; Rules And Rhetoric; Institutions And Indian Law, Deborah A. Geier

Law Faculty Articles and Essays

This 1994 article explores how unspoken, underlying presumptions shifted in Supreme Court jurisprudence regarding the analysis of tribal sovereignty.


The Cloaking Of Justice: The Supreme Court's Role In The Application Of Western Law To America's Indigenous Peoples, David E. Wilkins Jan 1994

The Cloaking Of Justice: The Supreme Court's Role In The Application Of Western Law To America's Indigenous Peoples, David E. Wilkins

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

The debate over which legal Indigenous Peoples should govern Native American political power and property rights, or even whether they should be protected by law at all, caused conflicts challenging the autonomy of the legal system and led to changes of the original principles of Indian rights. The outcome of that conflict raises two questions of federal Indian law. One is where its principles contributed to the survival of Native Americans in the United States; the other is whether the same legal principles are responsible for the perpetual inferiority of Natives Americans in their own land. More starkly, the question …


The Repeal Of Article 8: Law, Government, And Cultural Politics At Akwesasne, William A. Starna Jan 1993

The Repeal Of Article 8: Law, Government, And Cultural Politics At Akwesasne, William A. Starna

American Indian Law Review

No abstract provided.


Pathfinder: Tribal, Federal, And State Court Subject Matter Jurisdictional Bounds: Suits Involving Native American Interests, John W. Gillingham Jan 1993

Pathfinder: Tribal, Federal, And State Court Subject Matter Jurisdictional Bounds: Suits Involving Native American Interests, John W. Gillingham

American Indian Law Review

No abstract provided.


Winning Appelate Brief In The First Annual Native American Law Student Association Moot Court Competition, Carol S. Yeatman Jan 1993

Winning Appelate Brief In The First Annual Native American Law Student Association Moot Court Competition, Carol S. Yeatman

American Indian Law Review

No abstract provided.


Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches Jan 1993

Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches

Publications

Constitutional issues related to First Nations sovereignty have dominated Aboriginal affairs in Canada for a considerable period. The constitutional entrenchment of Aboriginal self-government has, however, received a setback with the recent failure of the Charlottetown Accord in October of 1992. Nonetheless, day-to-day issues must be accommodated, even while this more fundamental constitutional question remains unresolved. This paper illustrates the American experience with negotiated intergovernmental agreements between tribes and individual states. These agreements have, for example, resolved jurisdictional disputes over taxation, solid waste disposal, and law enforcement between state governments and tribal authorities. The author suggests that these intergovernmental agreements in …


Land Of Fire, Land Of Conquest: The Colorado Plateau And Some Questions For Its Future, Charles F. Wilkinson Jan 1993

Land Of Fire, Land Of Conquest: The Colorado Plateau And Some Questions For Its Future, Charles F. Wilkinson

Publications

No abstract provided.


Fragile Gains: Two Centuries Of Canadian And United States Policy Toward Indians, Ralph W. Johnson Jul 1991

Fragile Gains: Two Centuries Of Canadian And United States Policy Toward Indians, Ralph W. Johnson

Articles

The United States and Canada share a common history in their policies toward and legal treatment of the Native Americans that historically have occupied both countries. The Royal Proclamation of 1763 established a policy of recognizing Aboriginal title and treating with Indians that was binding on the colonies that preceded both countries, and influenced both governments in later dealings with tribes. Assimilationist themes are evident as well in the national policy toward Indians in both countries. Nevertheless, historically and in the present, national policies and laws of the two governments can be contrasted. This Article sets forth a detailed comparison …


Criminal Jurisdiction Over Nonmember Indians: The Legal Void After Duro V. Reina, Douglas B. Cubberley Jan 1991

Criminal Jurisdiction Over Nonmember Indians: The Legal Void After Duro V. Reina, Douglas B. Cubberley

American Indian Law Review

No abstract provided.


United States V. Renville: The Unsettling Condition Of The Settled Law Applying The Assimilated Crimes Act To Indians, Sharon Womack Doty Jan 1991

United States V. Renville: The Unsettling Condition Of The Settled Law Applying The Assimilated Crimes Act To Indians, Sharon Womack Doty

American Indian Law Review

No abstract provided.


Survey Of Civil Jurisdiction In Indian Country 1990, Sandra Hansen Esq. Jan 1991

Survey Of Civil Jurisdiction In Indian Country 1990, Sandra Hansen Esq.

American Indian Law Review

No abstract provided.


Tribal Jurisdiction Over Indian Children: Mississippi Band Of Choctaw Indians V. Holyfield, Diane Allbaugh Jan 1991

Tribal Jurisdiction Over Indian Children: Mississippi Band Of Choctaw Indians V. Holyfield, Diane Allbaugh

American Indian Law Review

No abstract provided.


Federal Recent Developments Jan 1991

Federal Recent Developments

American Indian Law Review

No abstract provided.


To Feel The Summer In The Spring: The Treaty Fishing Rights Of The Wisconsin Chippewa, Charles F. Wilkinson Jan 1991

To Feel The Summer In The Spring: The Treaty Fishing Rights Of The Wisconsin Chippewa, Charles F. Wilkinson

Publications

In this Article, adapted from his Oliver Rundell Lecture delivered at the University of Wisconsin Law School in April 1990, Professor Charles Wilkinson explores the historical and contemporary conflict arising out of the Chippewa people's assertion of nineteenth century treaty fishing rights. A key to comprehending the Chippewa's position is a realization that they are governments whose sovereign rights predate the United States Constitution and are preserved in federal treaties and statutes. The Chippewa's survival as a people depends upon a recognition of their sovereign prerogatives, an understanding of their history, a respect for their dignity and a just application …


The Crucible Of Sovereignty: Analyzing Issues Of Tribal Jurisdiction, Frank Pommersheim Jan 1989

The Crucible Of Sovereignty: Analyzing Issues Of Tribal Jurisdiction, Frank Pommersheim

Faculty Publications

No abstract provided.


American Indians And The Constitution: An Argument For Nationhood, Steven Paul Mcsloy Jan 1989

American Indians And The Constitution: An Argument For Nationhood, Steven Paul Mcsloy

American Indian Law Review

No abstract provided.


Crow Dog's Case: A Chapter In The Legal History Of Tribal Sovereignty, Sidney L. Harring Jan 1989

Crow Dog's Case: A Chapter In The Legal History Of Tribal Sovereignty, Sidney L. Harring

American Indian Law Review

No abstract provided.


Indian Consent To American Government, Richard B. Collins Jan 1989

Indian Consent To American Government, Richard B. Collins

Publications

No abstract provided.


The Indian Affairs Working Group: A Progress Report [Outline], Dave Frohnmayer Jun 1988

The Indian Affairs Working Group: A Progress Report [Outline], Dave Frohnmayer

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

4 pages.


Environmental Regulation On Indian Reservations, B. Kevin Gover Jun 1988

Environmental Regulation On Indian Reservations, B. Kevin Gover

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

45 pages.


Taxation In Indian Country, Richard B. Collins Jun 1988

Taxation In Indian Country, Richard B. Collins

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

11 pages.


The Contextual Legitimacy Of Adjudication In Tribal Courts And The Role Of The Tribal Bar As An Interpretive Community: An Essay, Frank Pommersheim Jan 1988

The Contextual Legitimacy Of Adjudication In Tribal Courts And The Role Of The Tribal Bar As An Interpretive Community: An Essay, Frank Pommersheim

Faculty Publications

No abstract provided.