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Articles 1501 - 1530 of 13877
Full-Text Articles in Indigenous, Indian, and Aboriginal Law
Tsirik - Fold The Leaves So That Others May Be Guided: A Study Of How The Bribri Women Are Preserving Their Culture To Ensure A Sustainable Future For Their Community, Emily R. Blau
Capstone Collection
Bananas are one of Costa Rica’s largest exports, along with coffee, palm oil, and cocoa. The banana plantations are large-scale, are most often run by multinational companies, and are considered to be run as enclave economies (Equal Exchange, 2016). This monoculture crop production has been globally accused of human rights abuses said to include, but not be limited to, violating the rights of indigenous people and loss in culture and tradition. For this paper, I studied the effects that large-scale agricultural corporations have on the BriBri, a matriarchal and indigenous group who live on the Caribbean coast of Costa Rica. …
Respecting The “Guardians Of Nature:” Chile’S Violations Of The Diaguita Indigenous People’ Environmental And Human Rights And The Need To Enforce Obligations To Obtain Free, Prior, And Informed Consent, Cynthia Vel
American Indian Law Journal
No abstract provided.
Preservation Over Profits: The Conflicting Interest Of Hickory Ground And Exploring Options For Preserving The Sacred Parcel, Ashley Ray
American Indian Law Journal
No abstract provided.
A Voice In The Storm: Tribal Consultation In The Wake Of The Sandy Recovery Improvement Act Of 2013, Elizabeth S. Leemon
A Voice In The Storm: Tribal Consultation In The Wake Of The Sandy Recovery Improvement Act Of 2013, Elizabeth S. Leemon
American Indian Law Journal
No abstract provided.
“Give Them A Dam Break!” Protecting The Ngäbe Buglé Community Of Panama With Clean Development Mechanism Safeguards To Promote Culturally Sensitive Development, Cindy Campbell
American Indian Law Journal
No abstract provided.
Tribal Trustees In Climate Crisis, Mary Christina Wood
Tribal Trustees In Climate Crisis, Mary Christina Wood
American Indian Law Journal
No abstract provided.
August 2012 – August 2013 Case Law On American Indians, Thomas P. Schlosser
August 2012 – August 2013 Case Law On American Indians, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
I’Ll Take The Benefits If You Pay The Costs: Weighing The Equities Of Public And Private Funding Sources For Hydroelectric Dam Decommissioning, Dominique R. Scalia
I’Ll Take The Benefits If You Pay The Costs: Weighing The Equities Of Public And Private Funding Sources For Hydroelectric Dam Decommissioning, Dominique R. Scalia
American Indian Law Journal
No abstract provided.
Tribal Family Law Clients: A Practitioner’S Guide To Best Serve Your Client In Child Support Proceedings, Jerry Ford
Tribal Family Law Clients: A Practitioner’S Guide To Best Serve Your Client In Child Support Proceedings, Jerry Ford
American Indian Law Journal
No abstract provided.
The Jay Treaty Free Passage Right In Theory And Practice, Caitlin C.M. Smith
The Jay Treaty Free Passage Right In Theory And Practice, Caitlin C.M. Smith
American Indian Law Journal
No abstract provided.
Defining The Contours Of The Infringement Test In Cases Involving The State Taxation Of Non-Indians A Half-Century After Williams V. Lee, Nathan Quigley
Defining The Contours Of The Infringement Test In Cases Involving The State Taxation Of Non-Indians A Half-Century After Williams V. Lee, Nathan Quigley
American Indian Law Journal
No abstract provided.
Sovereignty, Safety, And Security: Tribal Governments Under The Stafford And Homeland Security Acts, Heidi K. Adams
Sovereignty, Safety, And Security: Tribal Governments Under The Stafford And Homeland Security Acts, Heidi K. Adams
American Indian Law Journal
No abstract provided.
Of Whaling, Judicial Fiats, Treaties And Indians: The Makah Saga Continues, Jeremy Stevens
Of Whaling, Judicial Fiats, Treaties And Indians: The Makah Saga Continues, Jeremy Stevens
American Indian Law Journal
No abstract provided.
“Indians, In A Jurisdictional Sense”: Tribal Citizenship And Other Forms Of Non-Indian Consent To Tribal Criminal Jurisdiction, Paul Spruhan
“Indians, In A Jurisdictional Sense”: Tribal Citizenship And Other Forms Of Non-Indian Consent To Tribal Criminal Jurisdiction, Paul Spruhan
American Indian Law Journal
No abstract provided.
Tribal Supreme Court Project: Ten Year Report, Richard Guest
Tribal Supreme Court Project: Ten Year Report, Richard Guest
American Indian Law Journal
No abstract provided.
Res Extra Commercium And The Barriers Faced When Seeking The Repatriation And Return Of Potent Cultural Objects, Sara Gwendolyn Ross
Res Extra Commercium And The Barriers Faced When Seeking The Repatriation And Return Of Potent Cultural Objects, Sara Gwendolyn Ross
American Indian Law Journal
No abstract provided.
Brief For The Council Of University Presidents On Legislative Council V Martinez As Amicus Curiae, No. S-1-Sc-36422, Kevin Washburn
Brief For The Council Of University Presidents On Legislative Council V Martinez As Amicus Curiae, No. S-1-Sc-36422, Kevin Washburn
Faculty Scholarship
On April 7, 2017, the Governor exercised an extraordinary line-item veto of portions of the Fiscal Year 2018 appropriation bill eliminating all funding for the Legislature and for higher education in New Mexico. Governor's House Executive Message No. 56 (April 7, 2017), Petitioner's Exhibit D, at 3-7. Amici have a fiduciary responsibility to their institutions to advocate for a resolution quickly to mitigate the many harms caused by this budget crisis. CUP takes no position on the outcome of this action, but Amici do request that this case be decided expeditiously so that other constitutional actors do not waste time …
Ties Of Separation: Analogy And Generational Segregation In North America, Australia, And Israel/Palestine, Hedi Viterbo
Ties Of Separation: Analogy And Generational Segregation In North America, Australia, And Israel/Palestine, Hedi Viterbo
Brooklyn Journal of International Law
This article takes analogy as both its mode and object of inquiry, to canvas the relationship between historical-geographical analogies and generational segregation (the large-scale separation of children and adults) from three complementary perspectives. First, due to restrictions recently introduced by the Israeli authorities, Palestinian prisoners have been prevented from reading popular study materials dealing with both Indigenous child removal and analogies concerning settler-indigenous relations in North America and Australia. This article revives the critical potential of this encounter with analogies and accounts by asserting an analogy between the removal of indigenous children to boarding schools in the United States and …
Putting An End To The Silence: Educating Society About The Canadian Residential School System, Jamie Lee Kuhl
Putting An End To The Silence: Educating Society About The Canadian Residential School System, Jamie Lee Kuhl
Bridges: An Undergraduate Journal of Contemporary Connections
This paper advocates for the increased education of Canadian society regarding the Indian Residential School System. Many Canadian’s tend to be uninformed on the history of the schools and as a result risk subjecting Aboriginal peoples to further harm. The contents of this paper demonstrates by informing all Canadian citizens of the truth regarding the assimilative schools and their enduring legacy on Aboriginal peoples, several benefits can occur. Specifically, through revealing the truth regarding the residential schools, healing becomes possible for victims, over-representation within the criminal justice system can be better understood as well as addressed, and future harm can …
What The Future Holds: The Changing Landscape Of Federal Indian Policy, Kevin Washburn
What The Future Holds: The Changing Landscape Of Federal Indian Policy, Kevin Washburn
Faculty Scholarship
Since first described by Chief Justice John Marshall, the United States has been deemed to have a moral and legal “trust responsibility” to the American Indian tribal nations that gave way so that the United States could exist. For nearly two centuries, the trust responsibility reflected a paternalistic view toward Indian tribes. As the United States has developed a more enlightened policy characterized by greater respect for “tribal self-governance,” tribal governments have experienced a renaissance. Federal policy has moved away from federal control and toward tribal empowerment. As a result, the trust responsibility’s paternalistic features have come to seem anachronistic, …
Lewis V. Clarke, Lillian M. Alvernaz
Lewis V. Clarke, Lillian M. Alvernaz
Public Land & Resources Law Review
The nation to nation relationship between tribes and the federal government is unique. Within that relationship, the federal government acknowledges and respects tribal sovereignty. An important aspect of sovereignty is sovereign immunity. Lewis v. Clarke confronts the applicability of sovereign immunity through an extension of tribal sovereignty over an employee defendant. After having heard oral argument, the United States Supreme Court could either reaffirm or severely limit the applicability of tribal sovereign immunity to “arms” of a tribe. While the lower court analyzed tribal sovereign immunity by considering the damages sought, the Supreme Court opinion portends to extend far beyond …
We Need Protection From Our Protectors: The Nature, Issues, And Future Of The Federal Trust Responsibility To Indians, Daniel I.S.J. Rey-Bear, Matthew L.M. Fletcher
We Need Protection From Our Protectors: The Nature, Issues, And Future Of The Federal Trust Responsibility To Indians, Daniel I.S.J. Rey-Bear, Matthew L.M. Fletcher
Michigan Journal of Environmental & Administrative Law
The federal trust responsibility to Indians essentially entails duties of good faith, loyalty, and protection. While often thought of as unique to federal Indian policy, it developed from and reflects common law principles of contracts, property, trusts, foreign relations/international law, and constitutional law. However, several issues preclude a greater understanding and implementation of the federal trust responsibility. These include Executive Branch efforts to avoid liability, neocolonial judicial activism, and episodic congressional attention. Enactment of legislation to reaffirm and modernize the federal trust responsibility through greater self-determination, integration, elevation, oversight, and funding should help overcome these issues to improve federal Indian …
San Manuel'S Second Exception: Identifying Treaty Provisions That Support Tribal Labor Sovereignty, Briana Green
San Manuel'S Second Exception: Identifying Treaty Provisions That Support Tribal Labor Sovereignty, Briana Green
Michigan Journal of Environmental & Administrative Law
Inspired by the holding in WinStar World Casino, this Note considers the potential for tribes to make treaty-based arguments when facing the threat of National Labor Relations Board jurisdiction. This Note presents the results of a survey of U.S. government treaties with Native Americans to identify those treaties with language similar to that interpreted by the Board in WinStar World Casino. The survey identified four treaties and four tribes that could make treaty-based arguments like those made in Winstar World Casino: the Confederated Tribes of the Umatilla Indian Reservation, the Muscogee (Creek) Nation, the Seminole Nation of …
Exploring Alternatives To The "Consultation Or Consent" Paradigm, Jason Searle
Exploring Alternatives To The "Consultation Or Consent" Paradigm, Jason Searle
Michigan Journal of Environmental & Administrative Law
The Dakota Access Pipeline brought the question of what adequate tribal consultation requires to the forefront. Some would argue that consultation is a weak standard and that only adopting a new standard of free, prior, and informed consent can guarantee tribes greater control and respect. However, the “consultation or consent” paradigm does not take into account important sources of law that do not fit under “consultation” or “consent” and yet could be valuable in strengthening tribes’ claims in the absence of a consent standard.
Whose Standards Control? Maine V. Mccanhy And The Federal, State, And Tribal Battle Over Water Quality Regulation, Joseph Paul Mortelliti
Whose Standards Control? Maine V. Mccanhy And The Federal, State, And Tribal Battle Over Water Quality Regulation, Joseph Paul Mortelliti
Michigan Journal of Environmental & Administrative Law
This Note considers the longstanding clash between the United States government and state governments over the management of intrastate waters through the lens of Maine v. McCarthy, an ongoing federal lawsuit. McCarthy confronts whether the United States Environmental Protection Agency can require state water quality standards to specifically safeguard the health and cultural practices of Maine’s Indian tribes, particularly sustenance fishing. A panoply of legal and political factors gave rise to and shaped the course of the litigation, ranging from tribal sovereignty to agency discretion and political gamesmanship. After evaluating the litigants’ arguments and examining previous regulatory collisions between …
Indian Country Complexities And The Ambiguous State Of Marijuana Policy In The United States, Lauren Adornetto
Indian Country Complexities And The Ambiguous State Of Marijuana Policy In The United States, Lauren Adornetto
Buffalo Law Review
No abstract provided.
Returning To The Tribal Environmental "Laboratory": An Examination Of Environmental Enforcement Techniques In Indian Country, Elizabeth Ann Kronk Warner
Returning To The Tribal Environmental "Laboratory": An Examination Of Environmental Enforcement Techniques In Indian Country, Elizabeth Ann Kronk Warner
Michigan Journal of Environmental & Administrative Law
Governments, including tribes, need to protect one of humankind’s most valuable resources: the environment. In addition to environmental regulations, effective enforcement mechanisms are key to successful efforts to protect the environment. While much has been written about the environmental enforcement mechanisms of states and the federal government, little scholarly attention has been paid to how tribal governments are working to protect their environments. Given that there are 567 federally recognized tribes and approximately 56.2 million acres held in trust for tribes in the United States, such oversight is significant. This Article fills a scholarly void with a description of environmental …
Indigenous Mental Health: Imagining A Future Where Action Follows Obligations And Promises, Constance Macintosh
Indigenous Mental Health: Imagining A Future Where Action Follows Obligations And Promises, Constance Macintosh
Articles, Book Chapters, & Popular Press
This article considers what it would mean if Canada fulfilled select existing commitments and obligations concerning the mental health needs of Indigenous peoples, as identified through current programs and recent jurisprudence: that is, where would we be if Canada carried through on existing commitments? After identifying the role of law in perpetuating poor mental well-being, it assesses programs for First Nations and Inuit peoples and determines they are unlikely to be effective without operational changes and responsive funding. The article then turns to the situation of Metis and non-status First Nations and the implications ofDaniels v. Canada for changing …
Indigenous Blockades And The Power To Speak The Law: From Settler Colonialism To Indigenous Resurgence, Christopher Eric Jon Albinati
Indigenous Blockades And The Power To Speak The Law: From Settler Colonialism To Indigenous Resurgence, Christopher Eric Jon Albinati
LLM Theses
This thesis traces tensions between pluralism, elimination and resistance in the centuries-old narrative underlying the uncertain legal foundations of Crown sovereignty in the territory now known as Canada. The first half of the work applies the emerging literature of settler colonialism to a close reading of a selection of leading scholarship on Aboriginal rights jurisprudence to identify whether the Canadian courts are reproducing elements of settler colonialism in their decisions. The second half of this work draws on the literature of Indigenous resurgence, blockades, jurisdiction and the rule of law to construct a framework for examining juridical sites where conflicting …
Comment Re Rule 10 Of The Minnesota General Rules Of Practice For The District Courts, Kevin Washburn
Comment Re Rule 10 Of The Minnesota General Rules Of Practice For The District Courts, Kevin Washburn
Faculty Scholarship
No abstract provided.