Indigenous, Indian, and Aboriginal Law Commons^™

Land & Water Planning: Another State's Perspective - Water Resources Regional Plan Policies, Kathleen M. Chavez, P.E.

Publications

No abstract provided.

Shattered Hearts (Full Report): The Commercial Sexual Exploitation Of American Indian Women And Girls In Minnesota., Alexandra (Sandi) Pierce

Annual Interdisciplinary Conference on Human Trafficking: 1st (2009)

Table of contents

Acknowledgements iii

Background 1

Organization of the report 3

I The context 4

Native women’s experiences during colonization 5

Native women’s experiences during national expansion 7

Native girls’ boarding school experiences 8

Impact of assimilation policies on Native women 10

The damage caused by life in prostitution 14

II Methods and definitions 16

III Prevalence 28

Involvement in prostitution 28

Involvement in the Internet sex trade 35

IV Patterns in entering the sex trade 36

Age of entry 36

Modes of entry 39

V Factors that facilitate entry 53

Generational trauma 53

Runaway, thrown away, and/or homeless …

The Nature And Extent Of The Exercise Of Criminal Jurisdiction By The Cherokee Supreme Court: 1823-1835, J. Matthew Martin

North Carolina Central Law Review

No abstract provided.

Reflections On Recommendation 12, Naiomi Metallic

Articles, Book Chapters, & Popular Press

Regarding the Marshall Commission Report’s recommendation for increased representation of racialized persons within the judiciary.

Framing Red Power: The American Indian Movement, The Trail Of Broken Treaties, And The Politics Of Media, Jason A. Heppler

Department of History: Dissertations, Theses, and Student Research

This study explores the relationship between the American Indian Movement (AIM), national newspaper and television media, and the Trail of Broken Treaties caravan in November 1972 and the way media framed, or interpreted, AIM's motivations and objectives. The intellectual and political currents present in the 1960s, including the ideas of Vine Deloria, Jr., and the successes of the Civil Rights Movement, influenced the development of AIM's ideas about militant tactics and the role media played in social movements. AIM entered the national stage with the occupation of the Bureau oflndian Affairs in late 1972 and used television broadcasts and print …

From Judging Culture To Taxing "Indians": Tracing The Legal Discourse Of The "Indian Mode Of Life", Constance Macintosh

Osgoode Hall Law Journal

In this article I consider how judicial decision making characterizes Indigenous peoples' culture outside the context of determinations under section 35(1) of the Constitution Act, 1982. I am concerned with how contemporary jurisprudence sometimes subjects Indigenous people to stereotyped tests of Aboriginality when they seek to exercise legislated rights. These common law tests of Aboriginality tend to turn on troubling oppositional logics, such as whether or not the Indigenous person engages in waged labour or commercial activities. These tests arose in historic legislation and policy that were premised on social evolutionary theory and were directed at determining whether an Indigenous …

Slides: Next Evolutionary Steps In State Instream Flow Programs, Lawrence J. Macdonnell

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Lawrence J. MacDonnell, attorney and consultant, Boulder, CO

27 slides

Slides: Indian Water Rights, Robert T. Anderson

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Robert T. Anderson, Native American Law Center, University of Washington Law School

19 slides

Slides: Challenges For Reclamation: A Western States' Perspective, Craig Bell

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Craig Bell, Western Water States Council, Midvale, Utah

9 slides

Slides: Market-Based Stream Flow Restoration And Mitigation, Amanda Cronin

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Amanda Cronin, Washington Water Trust, Seattle, WA

23 slides

Slides: Groundwater Declines, Climate Change And Approaches To Adaptation, Katharine Jacobs

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Katharine Jacobs, Director of the Arizona Water Institute, University of Arizona

37 slides

Agenda: Western Water Law, Policy And Management: Ripples, Currents, And New Channels For Inquiry, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

In many pockets of the American West, stresses and demands on water resources are overwhelming our capacity to effectively manage change and accommodate the diversity of interests and values associated with our limited water resources.

This event will offer an opportunity for lawyers, policymakers, and water professionals to engage the experts on the challenges and emerging solutions to the most pressing water policy and management issues of the day.

Reservations About Extending Bivens To Reservations: Seeking Monetary Relief Against Tribal Law Enforcement Officers For Constitutional Violations, Blake R. Bertagna

Pace Law Review

No abstract provided.

Goss V. Bird, Et. Al., 2008-Ca-129 2 (Blkft. Tr. Ct. App., May 14, 2009), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court declined to proceed with an appeal until the lower court holds a hearing to determine Defendants self-insurance claim in a Motion for Summary Judgement. The Court noted that the lower court failed to address the issue of self-insurance and remanded the case back to the lower court to make that determination, prior to accepting the case in an appellate court.

Steps To Flow Restoration: Lessons From The Northwest, Reed D. Benson

Publications

No abstract provided.

The Pragmatics Of Allocating Water For Stream Flows, Steve Harris

Publications

No abstract provided.

Ecological Flows In New Mexico - It Has Been Done, Adrian Oglesby

Publications

No abstract provided.

New Mexico Wildlife Conservation Act: Cooperative Action For Native Species Recovery, Stephanie Carman, David Propst

Publications

No abstract provided.

Connecting The Dots Between The Constitution, The Marshall Trilogy, And United States V. Lara: Notes Toward A Blueprint For The Next Legislative Restoration Of Tribal Sovereignty, Ann E. Tweedy

University of Michigan Journal of Law Reform

This law review Article examines: (1) the underpinnings of tribal sovereignty within the American system; (2) the need for restoration based on the Court's drastic incursions on tribal sovereignty over the past four decades and the grave circumstances, particularly tribal governments' inability to protect tribal interests on the reservation and unchecked violence in Indian Country, that result from the divestment of tribal sovereignty; (3) the concept of restoration as illuminated by United States v. Lara, and finally (4) some possible approaches to partial restoration.

The Article first evaluates the constitutional provisions relating to Indians and the earliest federal Indian law …

Baselines Newsletter, No. 4, Spring 2009, University Of Colorado Boulder. Natural Resources Law Center

Baselines: The Natural Resources Law Center Newsletter (2007-2011)

No abstract provided.

How A Nineteenth Century Indian Treaty Stopped A Twenty-First Century Megabomb, Barbara Mcdonald

Nevada Law Journal

No abstract provided.

Navajo Nation Water Settlement & Northwestern New Mexico Rural Water Projects Acts Of 2009 (Includes Funding Mechanism For 3 Tribal Water Settlements In Nm), United States 111th Congress

Native American Water Rights Settlement Project

Federal Legislation: Omnibus Public Land Management, Title X - Water Settlements, Subtitle B - Northwestern New Mexico Rural Water Projects Navajo-Gallup Water Supply Project, PL 111-11, 123 Stat. 991. ◊ Parties: Navajo Nation and US. Part II, Section 10501 sets up the Reclamation Water Settlements Fund. For each of the fiscal years 2020 through 2029, the US will deposit 120M dollars into the Fund, if it is available, plus any interest which comes from Reclamation’s appropriation. The funds are to be spent on Indian water rights settlements that involve water supply infrastructure, to rehabilitate water delivery systems for conservation, or …

Rhetoric Versus Reality: The Jurisdiction Of Rape, The Indian Child Welfare Act, And The Struggle For Tribal Self-Determination, Maire Corcoran

William & Mary Journal of Race, Gender, and Social Justice

This note examines the rape crisis affecting Native American women today and the jurisdictional issues that affect how and whether tribes may prosecute and punish rapists. This note also examines the efficacy of the Indian Child Welfare Act (ICWA) in preventing inappropriate removal of Native children from their tribal environment. A comparison of these two subjects reveals that, although tribes are theoretically experiencing an era of tribal "self-determination," federal Indian law and policy, both old and new, continue to prevent tribes from achieving health and independence. Ultimately, the note concludes that a true solution to the problems affecting tribes can …

The World Of Charles J. Kappler: A Digital Portrait, Charles D. Bernholz, Robert J. Weiner

University of Nebraska-Lincoln Libraries: Faculty Publications

Charles J. Kappler (1868–1946) is known primarily for his compilation, Indian Affairs: Laws and Treaties. His life, however, reached beyond this accumulation of fundamental documents. He was a staff member of, among other entities, the Senate Committee on Indian Affairs; served as co-counsel in the first case before the Permanent Court of Arbitration in The Hague; brought important tribal issues before the courts, just a quarter century after the Battle of the Little Big Horn; married, was widowed, married again, developed a family, and found a place in District society; and, in one role or another, participated in a number …

Indigenous Peoples And The Law - Ancient Customs: Modern Dilemmas, David S. Bogen

Faculty Scholarship

Indigenous people have a variety of complex relationships to law in nations such as Australia, Canada, New Zealand and the United States where non-indigenous people constitute the majority of the population. Customary law has been recognised in each of these nations as a source of domestic law, but this recognition has created various tensions. For instance, Native Title looks to customary law for its definition, but non-indigenous society demands that Native Title be managed by modern Indigenous institutions created under non-indigenous law. Issues of federalism and international law influence the interaction of Indigenous and non-indigenous law against a background of …

Beyond Blood: Rethinking Aboriginal Identity And Belonging, Pamela Palmater

PhD Dissertations

The traditional Aboriginal Nations in Canada, like the Mi'kmaq, Mohawk, or Maliseet, have been divided into multiple Indian bands. Their vast traditional territories have been taken up for settlement and the little land that remains in their possession is concentrated in tiny reserves. Similarly, traditional Aboriginal identities have been divided into so many legal and political units, that even families can be divided along these same lines. Many Aboriginal people now identify as status and non-status Indians, with further sub-categories like 6(1) and 6(2) status Indians, or original members and restored members. Single communities can be bitterly divided along these …

The Evolving Architecture Of North American Integration, Laura Spitz

Faculty Scholarship

Given its potential significance for democracy, sovereignty, government, governance, and justice in each of Canada, the United States, and Mexico, North American integration qua integration has thus far received surprisingly little attention from legal scholars and social scientists. While an expanding body of research explores the dynamics of continental integration in other contexts (especially Europe) and/or examines the meaning of globalization, regionalism, and multilateral internationalism in a general sense, the specific constitution of an integrated North American space remains largely undertheorized. This Article aims to advance the literature in this area by examining legal discourse as an example of the …

Tribal Law And Best Practices In Legal Education: Creating A New Path For The Study Of Tribal Law, Aliza Organick

Faculty Scholarship

In Part I of this article, I explore the importance of introducing law students to tribal law and the culture of other local legal systems early and often. I assert that when the legal academy ignores the role that culture plays in the formation and understanding of our own legal system and the legal systems of other communities, we are ignoring the most basic and core aspects of society. By disregarding the role culture plays in legal systems, we are doing a disservice not only to our students, but also ultimately to the legal community and our clients. By failing …

Could Litigation Help Torres Strait Islanders Deal With Climate Impacts?, Donna Green, Kirsty Ruddock

Sustainable Development Law & Policy

No abstract provided.

Entitled Against None: How The Wrongly Decided Croker Island Case Perpetuates Aboriginal Dispossession, Siiri Aileen Wilson

Washington International Law Journal

Australia’s 1992 landmark case of Mabo v. The State of Queensland [No. 2] revoked the concept of terra nullius and for the first time since European colonization of the continent allowed indigenous Australians to obtain legal ownership of their traditional lands. The following year this groundbreaking decision became statutory law with the enactment of the Native Title Act (NTA) of 1993. The case law and the statutory act both failed, however, to adequately address the question of Aboriginal claims to sea properties. For many Australian Aboriginal groups, ownership of traditional lands does not abruptly end at a shoreline but extends …