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Articles 1321 - 1350 of 13877
Full-Text Articles in Indigenous, Indian, and Aboriginal Law
Winner, Best Appellate Brief In The 2019 Native American Law Student Association Moot Court Competition, Chelsea Minuche, Claire Postman
Winner, Best Appellate Brief In The 2019 Native American Law Student Association Moot Court Competition, Chelsea Minuche, Claire Postman
American Indian Law Review
No abstract provided.
How The New Deal Became A Raw Deal For Indian Nations: Justice Stanley Reed And The Tee-Hit-Ton Decision On Indian Title, Kent Mcneil
American Indian Law Review
No abstract provided.
Keeping Cultural Bias Out Of The Courtroom: How Icwa “Qualified Expert Witnesses” Make A Difference, Elizabeth Low
Keeping Cultural Bias Out Of The Courtroom: How Icwa “Qualified Expert Witnesses” Make A Difference, Elizabeth Low
American Indian Law Review
No abstract provided.
Being Uighur . . . With “Chinese Characteristics”: Analyzing China’S Legal Crusade Against Uighur Identity, Brennan Davis
Being Uighur . . . With “Chinese Characteristics”: Analyzing China’S Legal Crusade Against Uighur Identity, Brennan Davis
American Indian Law Review
No abstract provided.
United States V. Bryant: The Results Of Upholding Women’S Rights And Tribal Sovereignty, Madalynn Martin
United States V. Bryant: The Results Of Upholding Women’S Rights And Tribal Sovereignty, Madalynn Martin
American Indian Law Review
No abstract provided.
What Are The Odds? The Potential For Tribal Control Of Sports Gambling After Murphy V. Ncaa, Haley Maynard
What Are The Odds? The Potential For Tribal Control Of Sports Gambling After Murphy V. Ncaa, Haley Maynard
American Indian Law Review
No abstract provided.
Thickening The Thin Blue Line In Indian Country: Affirming Tribal Authority To Arrest Non-Indians, Alex Treiger
Thickening The Thin Blue Line In Indian Country: Affirming Tribal Authority To Arrest Non-Indians, Alex Treiger
American Indian Law Review
No abstract provided.
An Act Respecting First Nations, Inuit And Métis Children, Youth And Families: Does Bill C-92 Make The Grade?, Naiomi Metallic, Hadley Friedland, Aimée Craft, Jeffery Hewitt, Sarah Morales
An Act Respecting First Nations, Inuit And Métis Children, Youth And Families: Does Bill C-92 Make The Grade?, Naiomi Metallic, Hadley Friedland, Aimée Craft, Jeffery Hewitt, Sarah Morales
Reports & Public Policy Documents
On Thursday, February 28, 2019, the federal government introduced Bill C-92, An Act respecting First Nations, Métis and Inuit children, youth and families for first reading. After many years of well documented discrimination against Indigenous children, there is much hope in this legislative process to reverse this trend, empower Indigenous peoples to reclaim jurisdiction in this area, and ensure the rights of children are affirmed. To realize those hopes, we have drafted this analysis with the aim to improve the current legislation as it moves through committee and the Senate.
Nagwediẑk’An Gwaneŝ Gangu Ch’Inidẑed Ganexwilagh: The Fires Awakened Us: Tsilhqot’In Report On The 2017 Wildfires, Jocelyn Stacey, Crystal Verhaeghe, Emma Feltes
Nagwediẑk’An Gwaneŝ Gangu Ch’Inidẑed Ganexwilagh: The Fires Awakened Us: Tsilhqot’In Report On The 2017 Wildfires, Jocelyn Stacey, Crystal Verhaeghe, Emma Feltes
All Faculty Publications
This report documents the experiences of the Tsilhqot'in Nation during the historic 2017 wildfire season. It identifies needs and recommendations for moving forward with nation-to-nation emergency management.
Statutory Recognition Of Indigenous Custom Adoption: Its Role In Strengthening Self-Governance Over Child Welfare, Celeste Cuthbertson
Statutory Recognition Of Indigenous Custom Adoption: Its Role In Strengthening Self-Governance Over Child Welfare, Celeste Cuthbertson
Dalhousie Journal of Legal Studies
This article critically examines the statutory recognition of Indigenous custom adoption in Canada. Settler state recognition of custom adoption in each province and territory is discussed and the possibility of conflation between custom adoption and settler state adoption is highlighted. The author argues that statutory regimes have a role in strengthening Indigenous self-governance over child welfare so long as the conflation of diverse practices is rejected, and recognition is accompanied by control and support.
Environmental Justice And The Possibilities For Environmental Law, Sarah Krakoff
Environmental Justice And The Possibilities For Environmental Law, Sarah Krakoff
Publications
Climate change and extreme inequality combine to cause disproportionate harms to poor communities throughout the world. Further, unequal resource allocation is shot through with the structures of racism and other forms of discrimination. This Essay explores these phenomena in two different places in the United States, and traces law’s role in constructing environmental and economic vulnerability. The Essay then proposes that solutions, if there are any to be had, lie in expanding our notions of what kinds of laws are relevant to achieving environmental justice, and in seeing law as a possible tactic for instigating broader social change but not …
Isleta Pueblo Tribal Court Handbook (2019), Tribal Law Journal Staff
Isleta Pueblo Tribal Court Handbook (2019), Tribal Law Journal Staff
Tribal Law Journal
This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.
Laguna Pueblo Tribal Court Handbook (2019), Tribal Law Journal Staff
Laguna Pueblo Tribal Court Handbook (2019), Tribal Law Journal Staff
Tribal Law Journal
This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.
Navajo Nation Tribal Court Handbook (2019), Tribal Law Journal Staff
Navajo Nation Tribal Court Handbook (2019), Tribal Law Journal Staff
Tribal Law Journal
This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.
Santa Clara Pueblo Tribal Court Handbook (2019), Tribal Law Journal Staff
Santa Clara Pueblo Tribal Court Handbook (2019), Tribal Law Journal Staff
Tribal Law Journal
This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.
Mescalero Apache Tribal Court Handbook (2019), Tribal Law Journal Staff
Mescalero Apache Tribal Court Handbook (2019), Tribal Law Journal Staff
Tribal Law Journal
This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.
Zuni Pueblo Tribal Court Handbook (2019), Tribal Law Journal Staff
Zuni Pueblo Tribal Court Handbook (2019), Tribal Law Journal Staff
Tribal Law Journal
This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.
The Colourful Truth: The Reality Of Indigenous Overrepresentation In Juvenile Detention In Australia And The United States, Rachel Thampapillai
The Colourful Truth: The Reality Of Indigenous Overrepresentation In Juvenile Detention In Australia And The United States, Rachel Thampapillai
American Indian Law Journal
No abstract provided.
Rethinking The Federal Indian Status Test: A Look At The Supreme Court's Classification Of The Freedmen Of The Five Civilized Tribe Of Oklahoma, Clint Summers
American Indian Law Journal
No abstract provided.
The Tribal Franchise: An Expression Of Tribal Sovereignty And A Potential Solution To The Problem Of Mass Disenrollment, Brent Mulvaney
The Tribal Franchise: An Expression Of Tribal Sovereignty And A Potential Solution To The Problem Of Mass Disenrollment, Brent Mulvaney
American Indian Law Journal
No abstract provided.
Tribal Tools & Legal Levers For Halting Fossil Fuel Transport & Exports Through The Pacific Northwest, Mary Christina Wood
Tribal Tools & Legal Levers For Halting Fossil Fuel Transport & Exports Through The Pacific Northwest, Mary Christina Wood
American Indian Law Journal
As alarming scientific predictions crystallize into the realities of today’s climate crisis, tribal communities in the Pacific Northwest find themselves on the front lines of a global assault launched by the fossil fuel industry. Encouraged by President Trump’s declaration of intent to unleash $50 trillion of America’s domestic fossil fuels, corporations push for massive expansion of the nation’s fossil fuel infrastructure—even as the world races towards irrevocable climate thresholds. The unprecedented onslaught hinges on the Pacific Northwest as a key link in a global market scheme. The coastal region sits as a proposed industrial gateway for huge export facilities transporting …
August 2017 - August 2018 Case Law On American Indians, Thomas P. Schlosser
August 2017 - August 2018 Case Law On American Indians, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
Crow Indian Tribe V. United States, Hallee Kansman
Crow Indian Tribe V. United States, Hallee Kansman
Public Land & Resources Law Review
The protection status of the Greater Yellowstone grizzly bear continues to elicit debate and find its way into the courtroom. In Crow Indian Tribe v. United States, for the second time in the last decade, a court held the Service’s attempt to delist the Yellowstone Grizzly arbitrary and capricious. Specifically, the court found the Service’s evaluation of remnant populations, recalibration, and genetic health deficient. This case demonstrates the importance in and the resilient motivation behind preserving grizzly bear populations and genetics. As the practice of delisting a species under the Endangered Species Act continues, this case will provide important …
Brackeen V. Zinke, Bradley E. Tinker
Brackeen V. Zinke, Bradley E. Tinker
Public Land & Resources Law Review
In 1978, Congress enacted the Indian Child Welfare Act to counter practices of removing Indian children from their homes, and to ensure the continued existence of Indian tribes through their children. The law created a framework establishing how Indian children are adopted as a way to protect those children and their relationship with their tribe. ICWA also established federal standards for Indian children being placed into non-Indian adoptive homes. Brackeen v. Zinke made an important distinction for the placement preferences of the Indian children adopted by non-Indian plaintiffs; rather than viewing the placement preferences in ICWA as based upon Indians’ …
Civil Rights Notes: American Indians And Banishment, Jury Trials, And The Doctrine Of Lenity, Grant Christensen
Civil Rights Notes: American Indians And Banishment, Jury Trials, And The Doctrine Of Lenity, Grant Christensen
William & Mary Bill of Rights Journal
No abstract provided.
Big Horn County Electric Cooperative, Inc. V. Big Man, Brett Berntsen
Big Horn County Electric Cooperative, Inc. V. Big Man, Brett Berntsen
Public Land & Resources Law Review
The tribal exhaustion doctrine requires that parties first exhaust available tribal court remedies before challenging tribal jurisdiction in federal court. Exactly what constitutes an exhaustion of tribal court remedies, however, remains riddled with nuance. In Big Horn County Electric Cooperative, Inc. v. Big Man, the U.S. District Court for the District of Montana rejected a U.S. magistrate judge’s recommendation to remand a case to tribal court to further develop the factual record. Instead, the district court relied on federal circuit court precedent in holding that exhaustion had occurred when the tribal appellate court expressly ruled on the case’s jurisdiction …
The Dark Side Of Tribal Sovereign Immunity: The Gap Between Law And Remedy, Alma Orozco
The Dark Side Of Tribal Sovereign Immunity: The Gap Between Law And Remedy, Alma Orozco
Nevada Law Journal
No abstract provided.
Remaining Silent In Indian Country: Self-Incrimination And Grants Of Immunity For Tribal Court Defendants, Philipp C. Kunze
Remaining Silent In Indian Country: Self-Incrimination And Grants Of Immunity For Tribal Court Defendants, Philipp C. Kunze
Washington Law Review
A defendant in state and federal courts is entitled to a constitutional protection against self-incrimination. The Fifth Amendment establishes this privilege, which can only be overcome through a voluntary waiver or by the granting of an appropriate level of immunity. Those grants of immunity were made mutually binding on the state and federal governments in Kastigar v. United States and Murphy v. Waterfront Commission of New York Harbor. However, in Talton v. Mayes, the U.S. Supreme Court held that the Fifth and Fourteenth Amendments do not limit the conduct of the more than 560 federally recognized Indian tribes …
Re-Peopling In A Settler-Colonial Context: The Intersection Of Indigenous Laws Of Adoption With Canadian Immigration Law, Amar Bhatia
Articles & Book Chapters
This article examines the intersection of Indigenous and Canadian ways of making and maintaining relations through the specific examples of adoption and immigration. Canada and all Indigenous societies assert the authority to re-people themselves. Unlike Canada, Indigenous peoples must do so in the face of ongoing settler colonialism. I argue that Indigenous peoples and nations have authority to regulate these matters under Indigenous laws and systems of treaty relations. However, Canadian laws and policies have served to obscure this authority. I argue that non-metaphorical decolonization requires the continued exercise of Indigenous authority over “peopling” powers. These powers necessarily include authority …