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Articles 3061 - 3090 of 13877
Full-Text Articles in Indigenous, Indian, and Aboriginal Law
Private Lands Conservation In The Federated States Of Micronesia, Kevin Doran, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In The Federated States Of Micronesia, Kevin Doran, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
74 p. ; 28 cm
Private Lands Conservation In The Solomon Islands, Craig Corona, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In The Solomon Islands, Craig Corona, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
69 p. ; 28 cm
Private Lands Conservation In St. Vincent And The Grenadines, Julie Truelsen, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In St. Vincent And The Grenadines, Julie Truelsen, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
56 p. ; 28 cm
Commentary: In Pursuit Of Tribal Economic Development As A Substitute For Reservation Tax Revenue, Kirsten Matoy Carlson
Commentary: In Pursuit Of Tribal Economic Development As A Substitute For Reservation Tax Revenue, Kirsten Matoy Carlson
Law Faculty Research Publications
No abstract provided.
Retracing The Discovery Doctrine: Aboriginal Title, Tribal Sovereignty, And Their Significance To Treaty-Making And Modern Natural Resources Policy In Indian Country, Michael C. Blumm
Aboriginal Policy Research Consortium International (APRCi)
One of the more misunderstood concepts of Anglo-American law is the discovery doctrine, the principle by which Europeans rationalized their presence in North America. Misinterpretation of the doctrine led to unwarranted assumptions about the relationship between the federal government and indigenous tribes in the late 19th and early 20th centuries and to misinterpretations abroad, notably in Australia. These misinterpretations by judges and Congress made the discovery doctrine into what one scholar called a perfect instrument of empire. But this article maintains that this result was a perversion of the doctrine laid down in the early 19th century by the Marshall …
Beyond Reparations: An American Indian Theory Of Justice, William Bradford
Beyond Reparations: An American Indian Theory Of Justice, William Bradford
Aboriginal Policy Research Consortium International (APRCi)
No abstract provided.
Federal Law, State Policy, And Indian Gaming, Kevin Washburn
Federal Law, State Policy, And Indian Gaming, Kevin Washburn
Faculty Scholarship
This Article will set forth the legal authorization and the economic success of Indian gaming by asking and answering two rhetorical questions: "What makes Indian gaming lawful?" and "What makes Indian gaming successful?" This Article will conclude with the observation that Indian gaming exists almost entirely at the mercy of state governments. It will argue that, while Indian gaming began as a cross-border issue, it no longer has those features. Indeed, it has been transformed into the very antithesis of a cross-border issue, a political issue that is addressed almost entirely in the sphere of state political processes. The issue …
A Legacy Of Public Law 280: Comparing And Contrasting Minnesota's New Rule For The Recognition Of Tribal Court Judgments With The Recent Arizona Rule, Kevin Washburn, Chloe Thompson
A Legacy Of Public Law 280: Comparing And Contrasting Minnesota's New Rule For The Recognition Of Tribal Court Judgments With The Recent Arizona Rule, Kevin Washburn, Chloe Thompson
Faculty Scholarship
This article will evaluate the Minnesota Rule by comparing and contrasting its development, as well as its substantive content, with the new Arizona Rules. Part II of this article will describe the Minnesota Rule and compare it to the Arizona Rules that shortly preceded it. Part III will describe the rulemaking processes that produced the Minnesota and Arizona Rules and seek to provide insight into how Minnesota reached such a markedly different result than Arizona. Part III will also mine the insights from these processes and from other sources to offer some explanation as to why the Arizona Supreme Court …
Indigenous People's Right To Free, Prior And Informed Consent And The World Bank's Extractive Industries Review, Fergus Mackay
Indigenous People's Right To Free, Prior And Informed Consent And The World Bank's Extractive Industries Review, Fergus Mackay
Sustainable Development Law & Policy
No abstract provided.
Perceived Challenges To Recognition On Prior And Informed Consent Of Indigenous Peoples And Other Local Communities: The Experiences Of The Inter-American Development Bank, Anne Deruyttere
Sustainable Development Law & Policy
No abstract provided.
The Boundary Of Personal Jurisdiction: The "Effects Test" And The Protection Of Crazy Horse's Name, 38 J. Marshall L. Rev. 381 (2004), Scott Fruehwald
The Boundary Of Personal Jurisdiction: The "Effects Test" And The Protection Of Crazy Horse's Name, 38 J. Marshall L. Rev. 381 (2004), Scott Fruehwald
UIC Law Review
No abstract provided.
Toward An Indigenous Jurisprudence Of Rape, Sarah Deer
Toward An Indigenous Jurisprudence Of Rape, Sarah Deer
Faculty Scholarship
This article sets forth some preliminary issues and perspectives for the development of indigenous models of rape jurisprudence. Part I examines the reasons for and importance of developing an indigenous jurisprudence of rape. Part II addresses tribal jurisdiction issues, particularly the current limitations on tribal authority. Part III provides a historical context for the issue, including examples of the role of colonization in the responses to sexual violence. Part IV shares some visions for the development of a contemporary jurisprudence of rape for indigenous nations.
Individual Aboriginal Rights, John W. Ragsdale Jr
Individual Aboriginal Rights, John W. Ragsdale Jr
Faculty Works
When Whites first came to North America, they encountered an indigenous population in relative balance with the land. It was not a perfect harmony, but was, nonetheless, capable of enduring indefinitely. Regardless of episodic instability caused by erosion, over-hunting, or deforestation, the distinguishing socio-economic facts were that the native peoples did not treat the land as a commodity or freely exploitable resource, they were not preoccupied with economic growth or personal gain, and they did not believe in human domination over the rest of the world. Instead, their central beliefs were balance and reciprocity. How were these subsistence communities and …
The Plight Of "Nappy-Headed" Indians: The Role Of Tribal Sovereignty In The Systematic Discrimination Against Black Freedmen By The Federal Government And Native American Tribes, Terrion L. Williamson
The Plight Of "Nappy-Headed" Indians: The Role Of Tribal Sovereignty In The Systematic Discrimination Against Black Freedmen By The Federal Government And Native American Tribes, Terrion L. Williamson
Michigan Journal of Race and Law
This Note concerns the role the government has played in the exclusion of Black Freedmen from Native American nations through its implementation and interpretation of the doctrine of tribal sovereign immunity ("tribal sovereignty" or "tribal immunity"). Part I discusses the background of the Freedmen within the Five Civilized Tribes and provides an overview of the doctrine of tribal sovereign immunity, including its role in the controversy concerning the status of Black Indians. Part II discusses the interpretations given to the doctrine of tribal sovereign immunity by United States courts and executive agencies and the effects of those interpretations on relations …
Individual Aboriginal Rights, John W. Ragsdale Jr.
Individual Aboriginal Rights, John W. Ragsdale Jr.
Michigan Journal of Race and Law
This Article will, in Section I, deal with the legal development of the concept of individual aboriginal rights. It will focus on the Western Shoshone land claims before the Indian Claims Commission, and the federal government's trespass claims against the ranching operations of the redoubtable, irrepressible Dann sisters. Section II will explore the development and utilization of the doctrine of individual aboriginal rights in a series of cases involving the Dann sisters, subsequent Western Shoshone, and other efforts by native people to secure subsistence hunting and fishing rights and possession of or access to sacred sites. Section III will explore …
Federal Law, State Policy, And Indian Gaming, Kevin K. Washburn
Federal Law, State Policy, And Indian Gaming, Kevin K. Washburn
Nevada Law Journal
No abstract provided.
Off-Reservation Native American Gaming: An Examination Of The Legal And Political Hurdles, Heidi Mcneil Staudenmaier
Off-Reservation Native American Gaming: An Examination Of The Legal And Political Hurdles, Heidi Mcneil Staudenmaier
Nevada Law Journal
No abstract provided.
Commentary To Professor Guibernau, Annika Tahvanainen
Commentary To Professor Guibernau, Annika Tahvanainen
Michigan Journal of International Law
Commentary on Professor Montserrat Guibernau's Nations Without States: Political Communities in the Global Age
Civil Regulatory Jurisdiction Over Fee Simple Tribal Lands: Why Congress Is Not Acting Trustworthy, Yvonne Mattson
Civil Regulatory Jurisdiction Over Fee Simple Tribal Lands: Why Congress Is Not Acting Trustworthy, Yvonne Mattson
Seattle University Law Review
Part II of this Comment provides a background on the trust relationship between the U.S. Congress and Indian tribes, while Part III provides an historical analysis of federal policy and attitudes surrounding tribal sovereignty. Part IV discusses State authority over Indian tribes, while Part V briefly discusses the various forms of tribal property and provides a summary of the importance of the power to zone. Part VI discusses jurisprudence on civil regulatory jurisdiction over Indian tribes, specifically, the way in which the two leading cases, United States v. Montana and Brendale v. Confederated Tribes and Bands of the Yakima Nation …
A Legacy Of Public Law 280: Comparing And Contrasting Minnesota’S New Rule For The Recognition Of Tribal Court Judgments With The Recent Arizona Rule, Kevin K. Washburn, Chloe Thompson
A Legacy Of Public Law 280: Comparing And Contrasting Minnesota’S New Rule For The Recognition Of Tribal Court Judgments With The Recent Arizona Rule, Kevin K. Washburn, Chloe Thompson
William Mitchell Law Review
Tribal court dockets across the country have been growing steadily, and tribal courts are becoming an important part of the judicial fabric of the United States. To acknowledge this reality, state courts and legislatures across the United States have begun to address the important issues of how and whether to recognize tribal court judgments in state courts. The Minnesota Supreme Court adopted a rule that took effect in January of 2004 that provides guidelines for the recognition and enforcement of tribal court orders and judgments. The Minnesota Supreme Court Rule on the Recognition and Enforcement of Tribal Court Orders and …
"Power Over This Unfortunate Race," Race, Power And Indian Law In U.S. V. Rogers, Bethany Berger
"Power Over This Unfortunate Race," Race, Power And Indian Law In U.S. V. Rogers, Bethany Berger
Faculty Articles and Papers
In 1846, the Supreme Court held in United States v. Rogers that a white man who had become a citizen of the Cherokee Nation through marriage was not an Indian for purposes of federal criminal jurisdiction. This article examines the extensive fabrications of law and fact that underlie the decision, and its part in a campaign by the executive branch to increase federal power over Indian people. The campaign involved the Attorney General of the United States arguing before the Supreme Court for the right to prosecute a man that had died ten months earlier. More profoundly, the campaign was …
Indian Policy And The Imagined Indian Woman, Bethany Berger
Indian Policy And The Imagined Indian Woman, Bethany Berger
Faculty Articles and Papers
In this contribution to the symposium on Santa Clara Pueblo v. Martinez held by the Tribal Law Center at the University of Kansas, I reflect (with pictures!) on the role of women in federal American Indian policy and tie this history to current debates about the Martinez decision. I argue that the perception by non-Indians that they were riding to the rescue of oppressed and exploited Indian women was always a powerful justification for Indian policy, but that the Indian women whose plight called out for European and American protection were not real women, but were instead imagined by the …
Balancing Indigenous Rights And A State's Right To Develop In Latin America: The Inter-American Rights Regime And Ilo Convention 169, David C. Baluarte
Balancing Indigenous Rights And A State's Right To Develop In Latin America: The Inter-American Rights Regime And Ilo Convention 169, David C. Baluarte
Sustainable Development Law & Policy
No abstract provided.
Indigenous Peoples' Free Prior And Informed Consent In The Inter-American Human Rights System, Alex Page
Indigenous Peoples' Free Prior And Informed Consent In The Inter-American Human Rights System, Alex Page
Sustainable Development Law & Policy
No abstract provided.
Just When You Thought It Was Safe To Go Back On The Rez: Is It Safe , Jared B. Cawley
Just When You Thought It Was Safe To Go Back On The Rez: Is It Safe , Jared B. Cawley
Cleveland State Law Review
This article will trace the history of tribal criminal jurisdiction following the arrival of the colonists, through the foundation of the United States government, and will lead into where it stands today. On this journey, this article will discuss significant statutes and case law dealing with the role tribal courts have played in handling criminal jurisdiction in Indian country and will also discuss some important studies conducted by the Department of Justice Bureau of Justice Statistics and others on the current state of violent crime in Indian country, as well as the tribes' ability to handle it. Finally, this article …
Double Jeopardy And Nonmember Indians In Indian Country, Terrill Pollman
Double Jeopardy And Nonmember Indians In Indian Country, Terrill Pollman
Scholarly Works
The ambivalence of the federal government to the sovereignty of native tribes is ordinarily a quiet fact of life in this country. Now, the federal circuits have disturbed that quiet by rendering opposing rulings on the question whether the Double Jeopardy Clause bars successive tribal/federal prosecution of nonmember Indians in Indian Country. The Ninth Circuit has held the Double Jeopardy Clause does not present a bar to successive tribal/federal prosecutions. In contrast, the Eighth Circuit has held that the Double Jeopardy Clause prohibits subsequent prosecution because the source of the tribe's jurisdiction, if it has jurisdictional power, is the same …
Continuity Of Aboriginal Rights, Kent Mcneil
Continuity Of Aboriginal Rights, Kent Mcneil
Articles & Book Chapters
In this chapter from Advancing Aboriginal Claims: Visions, Strategies, Directions, Kent McNeil discusses the Van der Peet and Delgamuukw decisions in the context of the continuity of Aboriginal Rights. His essential question concerns how essential proof of continuity is for establishing Aboriginal rights: is it necessary in all cases, or only in cases concerning specific traditions, or occupation of land, subsequent to European contact or sovereignty?
Tribal Courts And Federal Courts: A Very Preliminary Set Of Notes For Federal Courts Teachers, Frank Pommersheim
Tribal Courts And Federal Courts: A Very Preliminary Set Of Notes For Federal Courts Teachers, Frank Pommersheim
Faculty Publications
No abstract provided.
Santa Clara Pueblo V. Martinez: Twenty-Five Years Of Disparate Cultural Visions An Essay Introducing The Case For Re-Argument Before The American Indian Nations Supreme Court, Gloria Valencia-Weber
Santa Clara Pueblo V. Martinez: Twenty-Five Years Of Disparate Cultural Visions An Essay Introducing The Case For Re-Argument Before The American Indian Nations Supreme Court, Gloria Valencia-Weber
Faculty Scholarship
Santa Clara Pueblo v. Martinez nakedly presents a conflict between the individual rights norm of equality and the communal or collective political right of the first sovereigns within U.S. borders. The conflict underlies the discourse in law scholarship and reflects disparate cultural visions between mainstream society and American Indians. In Indian law the decision has saliency with positive and negative force injected into different arenas besides equal protection, gender, and membership qualifications. It is a major fortification for the federally recognized tribal sovereigns to exclude external law and forums, the federal law and courts, in how tribes exercise self-government. The …
Lara, Lawrence, Supreme Court Litigation, And Lessons From Social Movements, Kevin Washburn
Lara, Lawrence, Supreme Court Litigation, And Lessons From Social Movements, Kevin Washburn
Faculty Scholarship
United States v. Lara was hailed as a victory for Indian tribes because it upheld tribal criminal jurisdiction over non-member Indians. Lawrence v. Texas was hailed as a victory for the gay rights movement because it upheld the due process right of gays to be protected from criminal prosecutions for consensual sexual acts done in private within their own homes. Despite dramatically different contexts, the two cases share a common thread: both are cases in which interested groups achieved important successes by marshalling broad support for their arguments at the briefing stage which helped pave the way for Supreme Court …