Indigenous, Indian, and Aboriginal Law Commons^™

“Salmon Is Culture, And Culture Is Salmon”: Reexamining The Implied Right To Habitat Protection As A Tool For Cultural And Ecological Preservation, Wesley J. Furlong

Public Land & Resources Law Review

No abstract provided.

A Sacred Responsibility: Governing The Use Of Water And Related Resources In The International Columbia Basin Through The Prism Of Tribes And First Nations, Matthew J. Mckinney, Richard Kyle Paisley, Molly Smith Stenovec

Public Land & Resources Law Review

In the fall of 2012, leaders from Columbia Basin First Nations and tribes participated, along with about 150 other people, in the 4th transboundary symposium convened by the Universities Consortium on Columbia River Governance. Gathered on the shores of Flathead Lake in Polson, Montana, the participants explored the interests, rights, roles, and responsibilities of indigenous people in the international Columbia River Basin. This symposium generated two notable outcomes: first, The Columbia River Basin: A Sense of the Future—a synthesis of interests and concerns with regard to the future of the transboundary river basin as captured by the Universities Consortium during …

Proposals For Resolving Reservation Residents' Bail Catch-22: A Case Study Of The St. Regis Mohawk Indian Reservation & The Town Of Bombay, New York, John C. Carroll

American Indian Law Journal

No abstract provided.

A Tiny Fish And A Big Problem: Natives, Elvers, And The Maine Indian Claims Settlement Act Of 1980, John Sanders

William & Mary Law Review

No abstract provided.

Tribal Management Under The Mmpa: A Way Forward For Local Control, Julie Lurman Joly

American Indian Law Journal

No abstract provided.

What Is Measured Is What Is Done: Methods To Measure Compliance With The Indian Child Welfare Act, Jason R. Williams Ph.D., James W. Amell Ph.D., Erin J. Maher Ph.D., Jill Tompkins J.D., Alicia Summers Ph.D., Jensina E. Rosen M.S.W., L.G.S.W., Shirley M. Cain J.D., Carolyn Mueller, Mallory Moon, George Mccauley, Linda Harris

American Indian Law Journal

No abstract provided.

Case Law On American Indians: August 2014-August 2015, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.

Where There's Smoke, There's Fire: The State-Tribal Quandry Of Tribal Marijuana, Kyle Montour

American Indian Law Journal

No abstract provided.

Killing The Policy To Save The Child: Comparing The Historical Removal Of Indigenous Children In Austrailia To The United States And How The Countries Can Learn From Each Other, Drew Pollom

American Indian Law Journal

No abstract provided.

Guide For Tribal Appeals By Pro Se Litigants And Lay Advocates, Gregory D. Smith

American Indian Law Journal

No abstract provided.

The Plight Of New England Tribes Purusing Federal Recognition, Elizabeth Coronado

American Indian Law Journal

No abstract provided.

Time To Empower Tribal Authorities, Kevin Washburn

Faculty Scholarship

No abstract provided.

Abraham Lincoln And The Dakota War In Academic And Popular Literature, Larry D. Mansch

Madison Historical Review

While the Civil War all but consumed Abraham Lincoln’s presidency, at least one other military matter caught his attention. The 1862 Dakota War in Minnesota resulted in the deaths of 358 white settlers, 106 United States soldiers, and 29 Dakota warriors. When the fighting ended hundreds of Indians were placed in prisoner camps, and after sham trials nearly 400 warriors were sentenced to death. Military leaders, politicians, and an enraged citizenry demanded that Lincoln order swift executions. Seeking to balance a sense of justice against the public’s insistence for revenge, Lincoln examined the trial records of each of the defendants, …

Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble

Seattle Journal for Social Justice

No abstract provided.

Don’T Risk It; Wait Until She’S Sober, Patrick John White

Seattle Journal for Social Justice

No abstract provided.

Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves

Seattle Journal for Social Justice

No abstract provided.

Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra

Seattle Journal for Social Justice

No abstract provided.

Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada

Seattle Journal for Social Justice

No abstract provided.

His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert

Seattle Journal for Social Justice

No abstract provided.

In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward

Seattle Journal for Social Justice

No abstract provided.

Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee

Seattle Journal for Social Justice

No abstract provided.

Modrall Sperling Interviews Kevin Washburn About Indian Law And Returning To New Mexico, Kevin Washburn

Faculty Scholarship

Reflections on Service as Assistant Secretary-Indian Affairs, the State of Indian Law in 2016, and Returning Home to New Mexico

Mauna Kea Anaina Hou V. Board Of Land And Natural Resources, Wesley J. Furlong

Public Land & Resources Law Review

Native Hawaiians and the scientific community have been pitted against each other in a decades-long culture war over the construction of observatories and telescopes on sacred landscapes. In Mauna Kea Anaina Hou, the Hawai’i Supreme Court handed a victory to Native Hawaiian culture and rights by halting the construction of a new telescope on Mauna Kea. The decision must be read cautiously, however, as it is firmly rooted in the strict application of procedural due process.

Montana Standard Interviews Barbara Creel On The Violence Against Women Act And Double Standards, Barbara L. Creel

Faculty Scholarship

Barbara Creel, Southwest Indian Law Clinic Director Professor at the University of New Mexico, agreed with Babcock that the case was not about tribal sovereignty.

Yet she said the case reveals inequities in the criminal justice system of tribes created when Congress told them how to structure their governments under the Indian Reorganization Act but did not provide sufficient funding or additional legal protections to make those systems function as intended.

Additionally, in a brief she and colleagues filed to the court, Creel argues that the Violence Against Women Act creates a discriminatory double standard.

Mediating Our Future: The Role Of The Land Buy-Back Program In Rebuilding Confidence And Strengthening Trust Between Tribal Nations And The United States Government, Brieann West

Journal of the National Association of Administrative Law Judiciary

The role that government regulatory agencies like the Department of Interior, Bureau of Indian Affairs played in enforcing Native American land leasing and land rights issues has changed substantially over the past five years. Current changes include, empowering American Indian tribes to exercise autonomy over tribal land leases, and the introduction of the Land Buy-Back program. Despite these positive strides, several questions remain; including, how reuniting previously divided allotments of land and placing them in trust will impact the current trust relationship? Should tribes have more say over which fractionated land allotments receive purchase offers and how these lands will …

Supreme Court Brief Interviews Creel, Barbara L. Creel

Faculty Scholarship

If tribal courts provided competent counsel to indigent Indian defendants, Creel said, "Then I would say, 'Prosecute all day long.' But [federal prosecutors] are trying to short-circuit that. They're saying because we have this epidemic, let's make it easier for everyone involved. That's against constitutional values and tribal values."

Creel asks the justices to hold that all persons facing incarceration must have the same protections in place. "That wouldn't apply the Constitution to tribes but it would disallow federal prosecutors from using uncounseled convictions."

Getches-Wilkinson Center Newsletter, Spring 2016, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.

The Great Sioux Nation V. The "Black Snake": Native American Rights And The Keystone Xl Pipeline, Cindy S. Woods

Buffalo Human Rights Law Review

The Keystone XL Pipeline has been shrouded in controversy almost since its conception. As a structure intending to cross the Canadian border into the United States, the Pipeline must receive presidential approval before construction can commence. Since 2008, TransCanada has at- tempted to obtain this approval unsuccessfully. Criticism against the Pipe- line has focused largely on the negative environmental impacts that will likely accompany its construction and utilization, and it is precisely these environmental concerns that have ultimately stymied presidential approval and made international headlines. In November 2015, the U.S. government denied TransCanada's application, effectively killing the Keystone XL pro- …

Congress, Tribal Recognition, And Legislative-Administrative Multiplicity, Kirsten Matoy Carlson

Indiana Law Journal

Most descriptions of federal recognition by political scientists, anthropologists, and legal scholars focus on an administrative process run by the Office of Federal Acknowledgment (OFA) within the Bureau of Indian Affairs (BIA). To the extent that scholars discuss the role of Congress in recognizing Indian nations, they suggest that it plays a diminishing one. In fact, this misconception pervades the field. Most scholars assume that Congress has largely ceded control over the recognition of Indian nations to the BIA.

This discrepancy begs the question: Who has it right? Hollywood screenwriters or the academic experts? The answer to this question matters …

Limiting The Legal Liability Of Religious Institutions For Their Clergy: Cavanaugh V Grenville Christian College, M H. Ogilvie

Dalhousie Law Journal

The purpose of this article is to explore the case law relating to the potential legal liability of ecclesiastical institutions for the conduct of their clergy and lay employees in the tort of negligence, vicarious liability and breach of fiduciary duty While a number of cases have resulted in findings of liability especially in those relating to the Indian residential schools, a recent decision from the Ontario Court of Appeal, Cavanaugh v. Grenville Christian College, suggests ways of thinking about the limits and scope of liability for institutions whose charitable purposes are occasionally betrayed by rogue persons over whom theymay …