Indigenous, Indian, and Aboriginal Law Commons^™

Coalbed Methane Development In Wyoming And Montana: The Potential Impacts Of Montana V. Wyoming, Coalbed Methane Development, And Water Quality On The Tribes Of The Powder River And Wind River Basins, Mallory J. Irwinsky

American Indian Law Review

No abstract provided.

The Bureau Of Land Management's Finalized Hydraulic Fracturing Rule On Tribal Lands: A Responsibility Or Intrusion?, Kerstie B. Moran

American Indian Law Review

No abstract provided.

Analysis Of A Bias-Based Exception To The Doctrine Of Exhaustion In Wilson V. Bull, R. Mitchell Mcgrew

American Indian Law Review

No abstract provided.

A Starving Culture: Alaskan Native Villages’ Fight To Use Traditional Hunting And Fishing Grounds, Jeffrey W. Stowers, Jr.

American Indian Law Review

No abstract provided.

Federal Statutory Responsibility And The Mental Health Crisis Among American Indians, Abilene Slaton

American Indian Law Review

No abstract provided.

Lessons Learned: Avoiding The Hardships Of Tribal Mineral Leasing In The Development Of Oklahoma Tribal Wind Energy, Wyatt Swinford

American Indian Law Review

No abstract provided.

Nothing Personal (Or Subject Matter) About It: Jurisdictional Risk As An Impetus For Non-Tribal Opt-Outs From Tribal Economies, And The Need For Administrative Response, Joel Pruett

American Indian Law Review

No abstract provided.

Implementing A Greener Redd+ In Black & White: Preserving Wounaan Lands And Culture In Panama With Indigenous-Sensitive Modifications To Redd+, Cindy Campbell

American Indian Law Review

No abstract provided.

Competing Visions Of Appellate Justice For Indian Country: A United States Court Of Indian Appeals Or An American Indian Supreme Court, Eugene R. Fidell

American Indian Law Review

No abstract provided.

The Promise Zone Initiative And Native American Economic Development: Only The First Step Forward Toward The Promise Of A Brighter Future, James Hall

American Indian Law Review

No abstract provided.

A Pretty Smart Answer: Justifying The Secretary Of The Interior’S “Seminole Fix” For The Indian Gaming Regulatory Act, Austin R. Vance

American Indian Law Review

No abstract provided.

Winner, Best Appellate Brief In The 2016 Native American Law Student Association Moot Court Competition, Ashley Akers, Maureen Orth

American Indian Law Review

No abstract provided.

Capital, Inequality, And Self-Determination: Creating A Sovereign Financial System For Native American Nations, W. Gregory Guedel, Ph.D, J. D. Colbert

American Indian Law Review

No abstract provided.

Why Indigenous Peoples’ Property Rights Matter: Why The United Nations Declaration On The Rights Of Indigenous Peoples May Be Used To Condemn Isis And The State Of Iraq For Their Failure To Protect The Property Rights Of Indigenous Peoples In The Nineveh Plains, Brooke E. Hamilton

American Indian Law Review

No abstract provided.

Defending The Cobell Buy-Back Program, Rebekah Martin

American Indian Law Review

No abstract provided.

Intellectual Property Rights And Informed Consent In American Indian Communities: Legal And Ethical Issues, Naomi Palosaari

American Indian Law Review

No abstract provided.

Raising Capital In Indian Country, Evan Way

American Indian Law Review

No abstract provided.

Christman V. Confederated Tribes Of Grand Ronde: A Chapter In The Disenrollment Epidemic, Tabitha Minke

American Indian Law Review

No abstract provided.

The Dynamic Legal Environment Of Daily Fantasy Sports, Elizabeth Lohah Homer

American Indian Law Review

No abstract provided.

Trespass To Culture: The Bioethics Of Indigenous Populations’ Informed Consent In Mainstream Genetic Research Paradigms, Alexandra Winters

American Indian Law Review

No abstract provided.

Wsáneć Legal Theory And The Fuel Spill At Selektel (Goldstream River), Robert Clifford

All Faculty Publications

SELEK̵TEL̵ (Goldstream River), on Coast Salish territory on Southern Vancouver Island in British Columbia, is an important salmon spawning river and fishing location for the WSÁNEĆ (Saanich) people. On April 16, 2011, it was also the site of a diesel and gasoline spill.

In this article, I explore the processes of revitalizing WSÁNEĆ law and how we might think about the revitalization of WSÁNEĆ law in the context of this fuel spill. While I do not present a definitive statement of the application of WSÁNEĆ law, I explore what is needed in order to understand WSÁNEĆ law on its own …

Commentary On The Ongoing Indigenous Political Enterprise: What's Law Got To Do With It?, Monica Hakimi

Other Publications

Professor Hakimi reviews Dalee Sambo Dorough's article, The Ongoing Indigenous Political Enterprise: What's Law Got to Do with It?, highlighting three tensions she defines within the article and the strengths and weaknesses of Dorough's examination of these three tensions.

What Should Tribes Expect From Federal Regulations? The Bureau Of Land Management's Fracking Rule And The Problems With Treating Indian And Federal Lands Identically, Monte Mills

Articles

On March 26, 2015, the Bureau of Land management (BLM) published its Final Rule regarding Hydraulic Fracturing on Federal and Indian Lands (Final Rule). Work on the Rule had begun nearly four and a half years earlier as a way to update the agency’s outdated regulatory scheme to account for new fracking technology and growing public concern over the practice and potential safety concerns related to fracking.

The Final Rule amassed a number of procedural and substantive requirements for fracking operations and proposed to apply these standards uniformly to both public lands and lands held in trust by the Federal …

New Approaches To Energy Development In Indian Country: The Trust Relationship And Tribal Self-Determination At (Yet Another) Crossroads, Monte Mills

Articles

Energy development in Indian country exists at the crossroads of tribal self-determination and the federal government's trust responsibility. This article reviews the foundations of this crossroads, describes recent developments, and analyzes pending proposals that may enhance both tribal sovereignty and energy development in Indian country.

Sovereignty And Subsistence: Native Self-Government And Rights To Hunt, Fish, And Gather After Ansca, Robert T. Anderson

Articles

The Alaska Native Claims Settlement Act (ANCSA) was passed in 1971 to extinguish aboriginal rights of Alaska Natives and provide compensation for those rights extinguished. Instead of vesting assets (land and money) in tribal governments, Congress required the formation of Alaska Native corporations to receive and hold these assets. A major flaw in the settlement was the failure to provide statutory protections for the aboriginal hunting, fishing, and gathering rights extinguished by ANCSA. Moreover, while ANCSA did not directly address Alaska Native tribal status or jurisdiction, the Supreme Court interpreted the Act to terminate the Indian country status of ANCSA …

Federal Treaty And Trust Obligations, And Ocean Acidification, Robert T. Anderson

Articles

Ocean acidification will have profound effects on the entire human population and natural resources that depend in any way upon Earth’s oceans and lakes. In turn, those effects will be even greater, and potentially catastrophic, for indigenous populations who rely on the seas for physical, cultural, and spiritual sustenance. While most research on carbon dioxide absorption from the atmosphere has focused on oceans and the resulting acidification, many believe that acidification levels also will also increase in the Great Lakes. Indian tribes in the Pacific Northwest and the Great Lakes regions share reliance on marine and freshwater resources, and many …

Black Water: The Devastating Effects Of Alcohol On The Core Values Of The A:Shiwi (Zuni), Christy Chapman

Tribal Law Journal

As in many Native American communities, alcohol use and abuse is an all too common problem among the Ashwi, members of Zuni Pueblo. Soon after the arrival of Anglo-American settlers, alcohol was introduced to the Zuni. Seeing its devastating effects, Zuni elders referred to this intoxicating substance as ‘black water.’ Since the introduction of black water, alcohol abuse among the Zuni has resulted in community members committing frequent criminal offenses, numerous health problems, and is the number-one cause of premature death among the Zuni.

Over the last century and a half, the devastating effects of black water have eroded the …

Postcolonial Management Of The Transboundary Guaraní Aquifer System: Indigenous Input As A Guide For Environmental Sustainability, Melissa Leonard

Tribal Law Journal

This article discusses the Guaraní Aquifer System, which is a vast groundwater source that spans across Argentina, Uruguay, Paraguay, and Brazil. The Guaraní Aquifer System is located beneath the ancestral homelands of the Guaraní indigenous peoples, yet it is exclusively managed by nation states. The Guaraní indigenous peoples have been deprived of their ancestral land and have no say in the utilization or management of the Aquifer. This article discusses social and legal theory relating to water management and governance, as well as Guaraní social organization, belief systems, and customary environmental law in the context of “postcolonial” water management. This …

Federal Restrictions On Tribal Customary Law: The Importance Of Tribal Customary Law In Tribal Courts, Concetta R. Tsosie De Haro, Dine Nation

Tribal Law Journal

This article examines the adverse effects of federal case law and legislation on tribal courts and tribal courts’ ability to incorporate tribal customary law. Tribal customary law is the law given to tribes by holy deities which governs tribal ways of life. It is important to maintain tribal customary law because it strengthens tribal communities’ identities and cultural foundations. While Supreme Court precedent has, at different times, both restricted and promoted tribes’ ability to use tribal customary law to adjudicate the cases of tribal members, federal legislation including the Major Crimes Act, the Indian Civil Rights Act, the Tribal Law …

Holding Canada Accountable: An Evaluation Of Canada's Compliance To The United Nations Declaration On The Rights Of Indigenous Peoples, Jackson A. Smith

Theses and Dissertations (Comprehensive)

Compliance of human rights norms requires the application of pressure from a multitude of directions and levels. It takes individual advocacy, micro-system/organizational/community-level pressure, and macro-level pressure from other nation-states and international organizations and governance bodies. This MA study focuses on the mechanisms employed by the United Nations to monitor the compliance of signatory nation-states to the standards established in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), with particular focus on Canada. A crucial goal of this study is to translate the UN Special Rapporteur on the Rights of Indigenous Peoples (UNSRRIP), James Anaya’s, findings on the …