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Articles 91 - 120 of 199
Full-Text Articles in Indigenous, Indian, and Aboriginal Law
Visionary Thinker And Wordsmith Par Excellence, David E. Wilkins
Visionary Thinker And Wordsmith Par Excellence, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
I was part of a small cohort of Native students, thrilled at the possibility of studying with a man we affectionately, and with some trepidation, referred to as "the Godfather" of Indian politics, policy and law. We called ourselves "Vine's Disciples," not because he was a religious figure, but because we sensed that in having the privilege and opportunity studying with the individual we all considered the most gifted of our time, that we would receive profound lessons in what was required of us as we sought to become active and informed defenders of indigenous nationhood.
What an influence he …
Recovering Homelands, Governance, And Lifeways: A Book Review Of Blood Struggle: The Rise Of Modern Indian Nations, Kristen A. Carpenter
Recovering Homelands, Governance, And Lifeways: A Book Review Of Blood Struggle: The Rise Of Modern Indian Nations, Kristen A. Carpenter
Publications
No abstract provided.
City Of Sherrill V. Oneida Indian Nation Of New York: A Regretful Postscript To The Taxation Chapter In Cohen's Handbook Of Federal Indian Law, Sarah Krakoff
Publications
No abstract provided.
The Potential Passage Of Proposed Senate Bill 578 And Its Implication On Hicks V. Nevada And Twenty Years Of Supreme Court Jurisprudence, Richard L. Warren
The Potential Passage Of Proposed Senate Bill 578 And Its Implication On Hicks V. Nevada And Twenty Years Of Supreme Court Jurisprudence, Richard L. Warren
American Indian Law Review
No abstract provided.
Giving Up The "I": How The National Museum Of The American Indian Appropriated Tribal Voices, Whitney Kerr
Giving Up The "I": How The National Museum Of The American Indian Appropriated Tribal Voices, Whitney Kerr
American Indian Law Review
No abstract provided.
A Civic-Republican Vision Of "Domestic Dependent Nations" In The Twenty-First Century: Tribal Sovereignty Re-Envisioned, Reinvigorated, And Re-Empowered, Hope M. Babcock
A Civic-Republican Vision Of "Domestic Dependent Nations" In The Twenty-First Century: Tribal Sovereignty Re-Envisioned, Reinvigorated, And Re-Empowered, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
As a cure for what ails democracy in a pluralistic modem society, such as ours, Michael Sandel recommends "dispersing" sovereignty to a "multiplicity of [civic republican] communities--some more, some less extensive than nations." He intimates that doing this "may entail according greater cultural and political autonomy to subnational communities," which, in turn might "ease the strife that arises when state sovereignty is an all-or-nothing affair, absolute and indivisible, the only meaningful form of self-determination." He sees in federalism not just a "theory of intergovernmental relations," but a "political vision" that "self-government works best when sovereignty is dispersed and citizenship formed …
The Plight Of "Nappy-Headed" Indians: The Role Of Tribal Sovereignty In The Systematic Discrimination Against Black Freedmen By The Federal Government And Native American Tribes, Terrion L. Williamson
The Plight Of "Nappy-Headed" Indians: The Role Of Tribal Sovereignty In The Systematic Discrimination Against Black Freedmen By The Federal Government And Native American Tribes, Terrion L. Williamson
Michigan Journal of Race and Law
This Note concerns the role the government has played in the exclusion of Black Freedmen from Native American nations through its implementation and interpretation of the doctrine of tribal sovereign immunity ("tribal sovereignty" or "tribal immunity"). Part I discusses the background of the Freedmen within the Five Civilized Tribes and provides an overview of the doctrine of tribal sovereign immunity, including its role in the controversy concerning the status of Black Indians. Part II discusses the interpretations given to the doctrine of tribal sovereign immunity by United States courts and executive agencies and the effects of those interpretations on relations …
Indigenous Voices And American Politics, David E. Wilkins
Indigenous Voices And American Politics, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
President [Bush], in a convoluted response to a question on the meaning of tribal sovereignty (essentially the inherent right of indigenous nations to self-governance) posed by a minority journalist on August 6, told the 7,500 assembled journalists that "tribal sovereignty means that it's sovereign. You're a—you've been given sovereignty and you're viewed as a sovereign entity. And therefore the relationship between the federal government and tribes is one between sovereign entities."
Nevertheless, these two statements by the leading presidential candidates are big deals for Indian nations. They provide a measure of overt national political recognition for several of the most …
Justice Thomas And Federal Indian Law: Hitting His Stride?, David E. Wilkins
Justice Thomas And Federal Indian Law: Hitting His Stride?, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
It was Justice [Clarence Thomas], the lone African American, whose voting record on Indian cases is more anti-Indian than even Rehnquist or Scalia, who in his concurring opinion, made several critical points that were most telling. Thomas will never be mistaken for Thurgood Marshall, who wrote several affirmative Indian law rulings, and his intention in crafting his opinion in this case was almost certainly not meant to be transparently supportive of tribal sovereignty. Yet he identified several enigmas in law and policy that, if acted upon by tribal, state and federal policymakers, might lead to a clearer status for indigenous …
Colonizing The Last Frontier, David J. Bloch
Colonizing The Last Frontier, David J. Bloch
American Indian Law Review
In Aboriginal Rights and Judicial Wrongs: The Colonization of the Last Frontier, I examine a recent sea-change in federal Indian law that has escaped the notice of scholars. In the light of the divestiture of tribal sovereignty characterizing recent Supreme Court decisions, my article interrogates a contemporary case that rejects the property principle underlying all of federal Indian law itself in favor of a conception of aboriginal title never before countenanced in the United States and long discredited elsewhere. My analysis argues that this new conception traduces 175 years of American precedent and violates international law. I also contend that …
Applying Twenty-Five Years Of Experience: The Iowa Indian Child Welfare Act, Kirk Albertson
Applying Twenty-Five Years Of Experience: The Iowa Indian Child Welfare Act, Kirk Albertson
American Indian Law Review
No abstract provided.
Petitioner's Brief, Richard B. Collins
Filling In The Blank Spots On Powell's And Stegner's Maps: The Role Of Modern Indian Tribes In Western Watersheds, Charles Wilkinson
Filling In The Blank Spots On Powell's And Stegner's Maps: The Role Of Modern Indian Tribes In Western Watersheds, Charles Wilkinson
Publications
No abstract provided.
Progressing Back: A Tribal Solution For A Federal Morass, James T. Hamilton
Progressing Back: A Tribal Solution For A Federal Morass, James T. Hamilton
American Indian Law Review
No abstract provided.
Western Justice, Richard B. Collins
Justice And Natural Resources: Concepts, Strategies, And Applications, Kathryn M. Mutz, Gary C. Bryner, Douglas S. Kenney
Justice And Natural Resources: Concepts, Strategies, And Applications, Kathryn M. Mutz, Gary C. Bryner, Douglas S. Kenney
Books, Reports, and Studies
This digital resource contains only an abstract, cover image and table of contents information from the published book.
Print copy of book is available in the University of Colorado's Wise Law Library: http://128.138.161.92/record=b257401
Contents: PART ONE : FRAMEWORKS: Beyond "traditional" environmental justice / David H. Getches, David N. Pellow -- Assessing claims of environmental justice : conceptual frameworks / Gary C. Bryner -- Water, poverty, equity, and justice in Colorado : a pragmatic approach / James l. Wescoat Jr., Sarah Halvorson, Lisa Headington, Jill Replogle -- International environmental protection : human rights and North-South divide / Tseming Yang -- PART …
Toward A Great Sioux Nation Judicial Support Center And Supreme Court: An Interim Planning And Recommendation Report For The Wakpa Sica Historical Society’S Reconciliation Place Project, Frank Pommersheim, John Lavelle
Toward A Great Sioux Nation Judicial Support Center And Supreme Court: An Interim Planning And Recommendation Report For The Wakpa Sica Historical Society’S Reconciliation Place Project, Frank Pommersheim, John Lavelle
Faculty Publications
No abstract provided.
Developing Effective Processes Of American Indian Constitutional And Governmental Reform: Lessons From The Cherokee Nation Of Oklahoma, Hualapi Nation, Navajo Nation, And Northern Cheyenne Tribe, Eric Lemont
American Indian Law Review
No abstract provided.
Federal Acknowledgement Of Indian Tribes: Current Bia Interpretations Of The Federal Criteria For Acknowledgement With Respect To Several Northwest Tribes, Rosemary Sweeney
Federal Acknowledgement Of Indian Tribes: Current Bia Interpretations Of The Federal Criteria For Acknowledgement With Respect To Several Northwest Tribes, Rosemary Sweeney
American Indian Law Review
No abstract provided.
Acquiring Water For Tribes, Susan M. Williams
Acquiring Water For Tribes, Susan M. Williams
Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)
16 pages.
Contains references (page 15).
The De Facto Termination Of Alaska Native Sovereignty: An Anomaly In An Era Of Self-Determination, Benjamin W. Thompson
The De Facto Termination Of Alaska Native Sovereignty: An Anomaly In An Era Of Self-Determination, Benjamin W. Thompson
American Indian Law Review
No abstract provided.
Rolling The Dice On The Cyber-Reservation: The Confluence Of Internet Gaming And Federal Indian Law, David B. Jordan
Rolling The Dice On The Cyber-Reservation: The Confluence Of Internet Gaming And Federal Indian Law, David B. Jordan
American Indian Law Review
No abstract provided.
The Exhausted Doctrine, Letitia Ness
State Corporations For Indian Reservations, Dao Lee Bernardi-Boyle
State Corporations For Indian Reservations, Dao Lee Bernardi-Boyle
American Indian Law Review
No abstract provided.
"Never Lay A Salmon On The Ground With His Head Toward The River": State Of Washington Sues Yakamas Over Alcohol Ban, Robert J. Haupt
"Never Lay A Salmon On The Ground With His Head Toward The River": State Of Washington Sues Yakamas Over Alcohol Ban, Robert J. Haupt
American Indian Law Review
No abstract provided.
Uniform Laws And Tribal Legislation; One Tribe's Perspective, Truman Carter, Fred H. Miller
Uniform Laws And Tribal Legislation; One Tribe's Perspective, Truman Carter, Fred H. Miller
American Indian Law Review
No abstract provided.
Easements On Tribal Sovereignty, Todd Miller
Easements On Tribal Sovereignty, Todd Miller
American Indian Law Review
No abstract provided.
Undoing Indian Law One Case At A Time: Judicial Minimalism And Tribal Sovereignty, Sarah Krakoff
Undoing Indian Law One Case At A Time: Judicial Minimalism And Tribal Sovereignty, Sarah Krakoff
Publications
No abstract provided.
Beyond Indian Law: The Rehnquist Court’S Pursuit Of States’ Rights, Color-Blind Justice And Mainstream Values, David H. Getches
Beyond Indian Law: The Rehnquist Court’S Pursuit Of States’ Rights, Color-Blind Justice And Mainstream Values, David H. Getches
Publications
No abstract provided.
The Miccosukee Indians And Environmental Law: A Confederacy Of Hope, William H. Rodgers, Jr.
The Miccosukee Indians And Environmental Law: A Confederacy Of Hope, William H. Rodgers, Jr.
Articles
Two legal orphans have found each other. The older one is "Indian Law," a confused, embarrassing, and twisted body of legal rules that "explain" the relationships between the United States and its native peoples. The newer one is "Environmental Law," a complex and jumbled stew of cases and statutes that "prescribe" proper behavior between modern Americans and the natural world.
Both these children of the law are suspected of subversion—the one is tainted by advocates of separate sovereignties, the other by critics of the American way of life. For Native Americans and environmentalists, their recent legal merger is a confederacy …