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Articles 2671 - 2700 of 13877

Full-Text Articles in Indigenous, Indian, and Aboriginal Law

Framing Concurrent Jurisdiction Issues In The Self-Determination Era: Accepting The First Circuit's Analysis But Rejecting Its Application To Preserve Tribal Sovereignty, Nathaniel T. Haskins Jan 2008

Framing Concurrent Jurisdiction Issues In The Self-Determination Era: Accepting The First Circuit's Analysis But Rejecting Its Application To Preserve Tribal Sovereignty, Nathaniel T. Haskins

American Indian Law Review

No abstract provided.


Sunshine In Indian Country: A Pro-Foia View Of Klamath Water Users, Sean Hill Jan 2008

Sunshine In Indian Country: A Pro-Foia View Of Klamath Water Users, Sean Hill

American Indian Law Review

No abstract provided.


Maine V. Johnson: A Step In The Wrong Direction For The Tribal Sovereignty Of The Passamaquoddy Tribe And The Penobscot Nation, Whitney Austin Walstad Jan 2008

Maine V. Johnson: A Step In The Wrong Direction For The Tribal Sovereignty Of The Passamaquoddy Tribe And The Penobscot Nation, Whitney Austin Walstad

American Indian Law Review

No abstract provided.


Claims Arising: The Oneida Nation Of Wisconsin And The Indian Claims Commission, 1951-1982, Karim M. Tiro Jan 2008

Claims Arising: The Oneida Nation Of Wisconsin And The Indian Claims Commission, 1951-1982, Karim M. Tiro

American Indian Law Review

No abstract provided.


Improving Native American Access To Federal Funding For Economic Development Through Partnerships With Rural Communities, Joanna M. Wagner Jan 2008

Improving Native American Access To Federal Funding For Economic Development Through Partnerships With Rural Communities, Joanna M. Wagner

American Indian Law Review

No abstract provided.


The Boldt Decision In Canada: Aboriginal Treaty Rights To Fish On The Pacific, Douglas C. Harris Jan 2008

The Boldt Decision In Canada: Aboriginal Treaty Rights To Fish On The Pacific, Douglas C. Harris

All Faculty Publications

The Oregon Boundary Treaty of 1846 established the forty-ninth parallel as the boundary between British and American interests in western North America. After 1846, Aboriginal peoples to the north of the border negotiated with the British Crown the terms of their coexistence with incoming settlers, those to its south with the United States. As a result, while some of the Coast Salish and Kwak’waka’wakw peoples in what would become British Columbia concluded treaties between 1850 and 1854 with the Crown’s representative, James Douglas, the tribes in the United States settled with the governor of the Washington territory, Isaac I. Stevens, …


Indian Law Clinics And Externship Symposium Roundtable Discussion: Lawyering For Indigenous People, Tribal Law Journal Jan 2008

Indian Law Clinics And Externship Symposium Roundtable Discussion: Lawyering For Indigenous People, Tribal Law Journal

Tribal Law Journal

Several native and non-native Indian Law clinicians and scholars participated in a roundtable discussion on June 22, 2007 in Albuquerque, New Mexico to discuss lawyering for indigenous people. The attendees were organized into three different groups: discussants, respondents, and participants. The discussants began the dialogue and discussed their experiences in representing tribes to representing individual native clients in various areas of law. They discussed what it means as a lawyer "to do no harm" and their roles and challenges in teaching students how to serve native populations. The respondents provided their responses to the various topics presented by the discussants. …


The Xhosa And The Truth And Reconciliation Commission: African Ways, Douglas H.M. Carver Jan 2008

The Xhosa And The Truth And Reconciliation Commission: African Ways, Douglas H.M. Carver

Tribal Law Journal

The author begins by providing a conceptual framework for indigenous people generally and then focuses on indigenous people in South Africa. Mr. Carver then discusses the culture and customs of the Xhosa, one of the main ethnic groups from the Republic of South Africa. He then discusses the Truth and Reconciliation Commission (TRC), set up in South Africa after the fall of the apartheid regime, which was meant to rebuild a society divided by racial and ethnic lines. The author explains how the Xhosa concept of "ubuntu" – encompassing African concepts of justice, harmony and reconciliation — became a core …


Shadow War Scholarship, Indigenous Legal Tradition, And Modern Law In Indian Country, Christine Zuni Cruz Jan 2008

Shadow War Scholarship, Indigenous Legal Tradition, And Modern Law In Indian Country, Christine Zuni Cruz

Tribal Law Journal

In this essay, Tribal Law Journal Editor-in-Chief Zuni Cruz comments on the purpose of the Tribal Law Journal. She borrows the term "shadow war" from the Zapatistas' use of the Internet as she describes the Journal's endeavor to make Indigenous law explicit and to promote mental sovereignty. She challenges and invites others who write about the law of Indigenous Peoples to join in making legal scholarship in this area accessible to the public, especially the Indigenous public, and to create a depository of thought, rejecting the scattering of thought, by publishing legal scholarship in the global, publicly accessible e-journal, that …


Indigenous Legal Traditions, Cultural Rights, And Tierras Colectivas: A Jurisprudential Reading From The Emberá-Wounaan Community, Lauren Koller-Armstrong Jan 2008

Indigenous Legal Traditions, Cultural Rights, And Tierras Colectivas: A Jurisprudential Reading From The Emberá-Wounaan Community, Lauren Koller-Armstrong

Tribal Law Journal

This paper provides an overview of the Emberá-Wounaan indigenous group of Panama in the context of its legal traditions, worldview, and socio-political organization. In addition, this work examines how overlapping systems of tribal law and national Panamanian law have shaped 1) the tribe's geographic boundaries; and 2) environmental management in tribal communities


Toda Cambia Y Todo Sigue Siendo Igual (The More Things Change, The More The Stay The Same): How Fifteen Years Later The Constant Threat Of An End To The Zapatistas Continues To Justify Their Means, Pamela Genghini Hernandez Jan 2008

Toda Cambia Y Todo Sigue Siendo Igual (The More Things Change, The More The Stay The Same): How Fifteen Years Later The Constant Threat Of An End To The Zapatistas Continues To Justify Their Means, Pamela Genghini Hernandez

Tribal Law Journal

This article gives a chronological account of the events pre-dating the uprising of January 1, 1994 and the Zapatista struggle through the years. The author examines these events in light of indigenous self-determination, taking into consideration conditions within Mexico, to defend the course of action taken by the EZLN as a means of creating a space for themselves within Mexican society. The author argues the current state of federal Mexican law and international law do not leave Indigenous Peoples, including the EZLN, viable options for resolving injustices committed against them. She also provides an overview of the structure that the …


Witchcraft And Statecraft: Liberal Democracy In Africa, Nelson Tebbe Nov 2007

Witchcraft And Statecraft: Liberal Democracy In Africa, Nelson Tebbe

Cornell Law Faculty Publications

This Article addresses the prospects of liberal democracy in non-Western societies. It focuses on South Africa, one of the newest and most admired liberal democracies, and in particular on its efforts to recognize indigenous African traditions surrounding witchcraft and related occult practices. In 2004, Parliament passed a law that purports to regulate certain occult practitioners called traditional healers. Today, lawmakers are under pressure to go further and criminalize the practice of witchcraft itself. This Article presses two arguments. First, it contends that the 2004 statute is compatible with liberal principles of equal citizenship and the rule of law. Second, it …


The Jurisdiction Of Inherent Right Aboriginal Governments, Kent Mcneil Oct 2007

The Jurisdiction Of Inherent Right Aboriginal Governments, Kent Mcneil

All Papers

Since the recognition of Aboriginal and treaty rights in Canada by section 35(1) of the Constitution Act, 1982, the inherent right of the Aboriginal peoples to govern themselves has become a generally accepted aspect of Canadian constitutional law. But what is the scope of the governmental authority, or jurisdiction, that is exercisable by inherent right Aboriginal governments? And how does the jurisdiction of Aboriginal governments interact with the jurisdiction of other governments in Canada, especially the federal and provincial governments? This research paper will attempt to answer these questions in a general way, without attempting to determine or assess the …


Baselines Newsletter, No. 1, Fall 2007, University Of Colorado Boulder. Natural Resources Law Center Oct 2007

Baselines Newsletter, No. 1, Fall 2007, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.


Eesi Newsletter, No. 3, Oct. 2007, Energy & Environmental Security Initiative (University Of Colorado Boulder) Oct 2007

Eesi Newsletter, No. 3, Oct. 2007, Energy & Environmental Security Initiative (University Of Colorado Boulder)

EESI: The Energy & Environmental Security Initiative [Newsletter] (2007)

No abstract provided.


The Collective Right Of Indigenous Peoples To Self-Determination In Accordance With The United Nations Declaration On The Rights Of Indigenous Peoples, Lena-Katharina Skandera Oct 2007

The Collective Right Of Indigenous Peoples To Self-Determination In Accordance With The United Nations Declaration On The Rights Of Indigenous Peoples, Lena-Katharina Skandera

Independent Study Project (ISP) Collection

The Declaration on the Rights of Indigenous Peoples was adopted by the General Assembly on 13 September 2007, after more than twenty years of negotiations between states, indigenous representatives, lawyers, and academics. Although the resulting document is controversial and complex in its treatment of several important issues, its ambiguous characterization of the collective legal right of indigenous peoples to self-determination has been chosen as the focus of this work because it is the primary right from which all other rights, and problems, are derived. The work commences with a critique of the position held by certain states that the categorization …


Local Agriculture Perspectives In The Middle Rio Grande Valley, Cecilia Rosacker-Mccord Oct 2007

Local Agriculture Perspectives In The Middle Rio Grande Valley, Cecilia Rosacker-Mccord

Publications

No abstract provided.


Reply Brief Of Appellants Makah, Puyallup, Quileute, Upper Skagit, Nisqually And Squaxin Island Indian Tribes, Lummi Nation, Quinault Indian Nation, And Swinomish Indian Tribal Community - United States V. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009)) Sep 2007

Reply Brief Of Appellants Makah, Puyallup, Quileute, Upper Skagit, Nisqually And Squaxin Island Indian Tribes, Lummi Nation, Quinault Indian Nation, And Swinomish Indian Tribal Community - United States V. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009))

United States v. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009))

No abstract provided.


Appellant Suquamish Tribe's Reply Brief To Response Brief Of Appellee Upper Skagit Indian Tribe, Brief Of Appellee Swinomish Indian Tribal Community, The Tulalip Tribes' Response Brief And Response Brief Of Intervenors Port Gamble S'Klallam And Jamestown S'Klallam - Upper Skagit Indian Tribe V. United States, Docket No. 07-35061 (590 F.3d 1020 (9th Cir. 2010)) Tribes Sep 2007

Appellant Suquamish Tribe's Reply Brief To Response Brief Of Appellee Upper Skagit Indian Tribe, Brief Of Appellee Swinomish Indian Tribal Community, The Tulalip Tribes' Response Brief And Response Brief Of Intervenors Port Gamble S'Klallam And Jamestown S'Klallam - Upper Skagit Indian Tribe V. United States, Docket No. 07-35061 (590 F.3d 1020 (9th Cir. 2010)) Tribes

Upper Skagit Indian Tribe v. United States, Docket No. 07-35061 (590 F.3d 1020 (9th Cir. 2010))

No abstract provided.


Response Brief Of Appellees Port Gamble S'Klallam And Jamestown S'Klallam Tribes - United States V. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009)) Aug 2007

Response Brief Of Appellees Port Gamble S'Klallam And Jamestown S'Klallam Tribes - United States V. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009))

United States v. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009))

No abstract provided.


Reply Brief Of Appellant Skokomish Indian Tribe - United States V. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009)) Aug 2007

Reply Brief Of Appellant Skokomish Indian Tribe - United States V. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009))

United States v. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009))

No abstract provided.


Amended And Restated Gila River Indian Community Water Rights Settlement Agreement Oct. 21, 2005, Amendment No. 2, 2007, Gila River Indian Community, Et Al Aug 2007

Amended And Restated Gila River Indian Community Water Rights Settlement Agreement Oct. 21, 2005, Amendment No. 2, 2007, Gila River Indian Community, Et Al

Native American Water Rights Settlement Project

Amended and Restated Gila River Indian Community Water Rights Settlement Agreement Oct. 21, 2005, Amendment No. 2, 2007. Amendment 2 replaces 3 exhibits with documents filed in or by the courts: 1) Attachment 1 - replacing Exhibit 25.18.A1 - “Stipulation of the Parties to the Amended and Restated Gila River Indian Community Water Rights Settlement Agreement Setting forth the Terms of the Settlement (as filed with the Gila Adjudication Court on May 23, 2006”; 2) Attachement 2 - replacing Exhibit 25.18.A2 – “Judgment and Decree”; and 3) Attachement 3 - Exhibit 25.18.B “Order Pursuant to Stipulation issued by the Globe …


Reply Brief For Appellant Lower Elwha Klallam Tribe - United States V. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009)) Aug 2007

Reply Brief For Appellant Lower Elwha Klallam Tribe - United States V. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009))

United States v. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009))

No abstract provided.


Response Brief Of Appellees Port Gamble S'Klallam And Jamestown S'Klallam Tribes - United States V. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009)) Aug 2007

Response Brief Of Appellees Port Gamble S'Klallam And Jamestown S'Klallam Tribes - United States V. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009))

United States v. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009))

No abstract provided.


Brief Of Appellants Makah, Puyallup, Quileute, Upper Skagit, Nisqually And Squaxin Island Indian Tribes, Lummi Nation, Quinault Indian Nation, And Swinomish Indian Tribal Community - United States V. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009)) Aug 2007

Brief Of Appellants Makah, Puyallup, Quileute, Upper Skagit, Nisqually And Squaxin Island Indian Tribes, Lummi Nation, Quinault Indian Nation, And Swinomish Indian Tribal Community - United States V. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009))

United States v. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009))

No abstract provided.


Eesi Newsletter, No. 2, Aug. 2007, Energy & Environmental Security Initiative (University Of Colorado Boulder) Aug 2007

Eesi Newsletter, No. 2, Aug. 2007, Energy & Environmental Security Initiative (University Of Colorado Boulder)

EESI: The Energy & Environmental Security Initiative [Newsletter] (2007)

No abstract provided.


A Basin-Wide Approach To Water Management In The Middle Rio Grande Valley, Rolf Schmidt-Petersen Aug 2007

A Basin-Wide Approach To Water Management In The Middle Rio Grande Valley, Rolf Schmidt-Petersen

Publications

No abstract provided.


Response Brief Of Intervenors Port Gamble S'Klallam And Jamestown S'Klallam Tribes - Upper Skagit Indian Tribe V. United States, Docket No. 07-35061 (590 F.3d 1020 (9th Cir. 2010)) Jul 2007

Response Brief Of Intervenors Port Gamble S'Klallam And Jamestown S'Klallam Tribes - Upper Skagit Indian Tribe V. United States, Docket No. 07-35061 (590 F.3d 1020 (9th Cir. 2010))

Upper Skagit Indian Tribe v. United States, Docket No. 07-35061 (590 F.3d 1020 (9th Cir. 2010))

No abstract provided.


Appellant Suquamish Tribe's Reply Brief To Brief Of Appellee Swinomish Indian Tribal Community And Response Brief Of Appellee Upper Skagit Indian Tribe - Upper Skagit Indian Tribe V. United States, Docket No. 07-35061 (590 F.3d 1020 (9th Cir. 2010)) Jul 2007

Appellant Suquamish Tribe's Reply Brief To Brief Of Appellee Swinomish Indian Tribal Community And Response Brief Of Appellee Upper Skagit Indian Tribe - Upper Skagit Indian Tribe V. United States, Docket No. 07-35061 (590 F.3d 1020 (9th Cir. 2010))

Upper Skagit Indian Tribe v. United States, Docket No. 07-35061 (590 F.3d 1020 (9th Cir. 2010))

No abstract provided.


Testimony On Law Enforcement In Indian Country Before The United States Senate Committee On Indian Affairs, 110th Congress, 1st Session, Kevin Washburn Jun 2007

Testimony On Law Enforcement In Indian Country Before The United States Senate Committee On Indian Affairs, 110th Congress, 1st Session, Kevin Washburn

Faculty Scholarship

Public safety and criminal justice on Indian reservations are better served when Indian tribes play a central role in these functions. Most of the successes of law enforcement in Indian country have involved careful cooperation and coordination between law enforcement agencies of different sovereigns. Even informal cooperation can be highly effective in improving public safety. Lack of cooperation undermines public safety.