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Articles 1051 - 1080 of 13877
Full-Text Articles in Indigenous, Indian, and Aboriginal Law
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Truth, Reconciliation, And The Cost Of Adversarial Justice, Trevor C. W. Farrow
Truth, Reconciliation, And The Cost Of Adversarial Justice, Trevor C. W. Farrow
Articles & Book Chapters
That Indigenous people in Canada were victimized for well over a century by the residential schools system for Aboriginal children is not in question. The system, which amounted to an “assault on child and culture,” was designed to “kill the Indian in the child.” Whether the legal system – purporting to provide some form of compensation in the context of claims by survivors and their families – has provided justice is a much more open question. The costs – financial, social, health, time, and so on – associated with pursuing the resolution of residential schools claims through the justice system …
Litigating For The Homeland: An Indian Treaty Framework To Climate Litigation In The Wake Of Juliana, Evan Neustater
Litigating For The Homeland: An Indian Treaty Framework To Climate Litigation In The Wake Of Juliana, Evan Neustater
Michigan Journal of Environmental & Administrative Law
Climate change is an increasingly pressing issue on the world stage. The federal government, however, has largely declined to address any problems stemming from the effects of climate change, and litigation attempting to force the federal government to take action, as highlighted by Juliana v. United States, has largely failed. This Note presents the case for a class of plaintiffs more likely to succeed than youth plaintiffs in Juliana—federally recognized Indian tribes. Treaties between the United States and Indian nations are independent substantive sources of law that create enforceable obligations on the federal government. The United States maintains a …
Indigenous Constitutionalism And Dispute Resolution Outside The Courts: An Invitation, Karen Drake
Indigenous Constitutionalism And Dispute Resolution Outside The Courts: An Invitation, Karen Drake
Articles & Book Chapters
The Supreme Court of Canada's jurisprudence on constitutionally protected Aboriginal rights filters Indigenous laws through the lens of liberal constitutionalism, resulting in distortions of Indigenous law. To overcome this constitutional capture, this article advocates for an institution that facilitates dispute resolution between Canadian governments and Indigenous peoples grounded in Indigenous constitutionalism. To avoid a pan-Indigenous approach, this article focuses on Anishinaabe constitutionalism as one example of Indigenous constitutionalism. It highlights points of contrast between Anishinaabe constitutionalism's and liberalism's foundational norms and dispute resolution procedures. This article argues that a hybrid institution—combining features of both liberalism and Indigenous constitutionalism—would merely reproduce …
The Great Debate, Dorothy Bradley
The Great Debate, Dorothy Bradley
Public Land & Resources Law Review
No abstract provided.
Polly Holmes: When The Smoke Began To Clear, Hal Harper, Krys Holmes
Polly Holmes: When The Smoke Began To Clear, Hal Harper, Krys Holmes
Public Land & Resources Law Review
No abstract provided.
If You're Old Enough To Fight, You're Old Enough To Vote, Bob Brown
If You're Old Enough To Fight, You're Old Enough To Vote, Bob Brown
Public Land & Resources Law Review
No abstract provided.
Montana's Need For Change: A Historical Context For "To Make A Better Place.", Evan D. Barrett
Montana's Need For Change: A Historical Context For "To Make A Better Place.", Evan D. Barrett
Public Land & Resources Law Review
No abstract provided.
Earth Day 1970, Dorothy Bradley
Earth Day 1970, Dorothy Bradley
Public Land & Resources Law Review
No abstract provided.
Alice Creek — 1970 Montana Confronts The Copper Giant, James D. Moore
Alice Creek — 1970 Montana Confronts The Copper Giant, James D. Moore
Public Land & Resources Law Review
No abstract provided.
The Defence Of Necessity And Addressing Climate Change: A Canadian Case, David Gooderham
The Defence Of Necessity And Addressing Climate Change: A Canadian Case, David Gooderham
Public Land & Resources Law Review
No abstract provided.
Protecting Esa-Listed Bull Trout In The Face Of Climate Change: Can The Endangered Species Act And The Clean Water Act Do Their Part?, Jonathan Drake Ph.D J.D.
Protecting Esa-Listed Bull Trout In The Face Of Climate Change: Can The Endangered Species Act And The Clean Water Act Do Their Part?, Jonathan Drake Ph.D J.D.
Public Land & Resources Law Review
No abstract provided.
How The West Is Won: Advancing Water Law For Watershed Health, Laura Ziemer, Timothy Hawkes, Michelle Bryan, Kevin Rechkoff
How The West Is Won: Advancing Water Law For Watershed Health, Laura Ziemer, Timothy Hawkes, Michelle Bryan, Kevin Rechkoff
Public Land & Resources Law Review
No abstract provided.
Environmental Stewardship Of Public Lands? The Decline Of Westslope Cutthroat Trout Along The Eastern Slopes Of The Rocky Mountains In Alberta, Shawn C. Fluker, David W. Mayhood
Environmental Stewardship Of Public Lands? The Decline Of Westslope Cutthroat Trout Along The Eastern Slopes Of The Rocky Mountains In Alberta, Shawn C. Fluker, David W. Mayhood
Public Land & Resources Law Review
No abstract provided.
Bringing Back The Great Bear: Challenges And Opportunities Of Grizzly Restoration In The Northern Rockies, Thomas France Esq., Dan Brister Esq., Ms.
Bringing Back The Great Bear: Challenges And Opportunities Of Grizzly Restoration In The Northern Rockies, Thomas France Esq., Dan Brister Esq., Ms.
Public Land & Resources Law Review
No abstract provided.
The Other Non-Renewable Resource: Cultural Resource Protection In A Changing Energy Future, Wesley J. Furlong
The Other Non-Renewable Resource: Cultural Resource Protection In A Changing Energy Future, Wesley J. Furlong
Public Land & Resources Law Review
No abstract provided.
Epilogue: Progressive Populism’S Glory Days, Rick Applegate
Epilogue: Progressive Populism’S Glory Days, Rick Applegate
Public Land & Resources Law Review
No abstract provided.
The Black Book, Rob Raney
History Of The Coal Tax, Thomas E. Towe
History Of The Coal Tax, Thomas E. Towe
Public Land & Resources Law Review
No abstract provided.
The Wild River Bill: House Bill 133, Harrison Fagg
The Wild River Bill: House Bill 133, Harrison Fagg
Public Land & Resources Law Review
No abstract provided.
Stream Access Remembrance, Ron Waterman
Stream Access Remembrance, Ron Waterman
Public Land & Resources Law Review
No abstract provided.
Implementation Of Montana's Strip Mine Legislation, Leo Berry
Implementation Of Montana's Strip Mine Legislation, Leo Berry
Public Land & Resources Law Review
No abstract provided.
The Water Use Act, Gary Wicks
The Water Use Act, Gary Wicks
Public Land & Resources Law Review
No abstract provided.
A Little History And A Few Of Its Heroes, Daniel Kemmis
A Little History And A Few Of Its Heroes, Daniel Kemmis
Public Land & Resources Law Review
No abstract provided.
A Retrospective: The Golden Years, Peter M. Meloy
A Retrospective: The Golden Years, Peter M. Meloy
Public Land & Resources Law Review
No abstract provided.