Indigenous, Indian, and Aboriginal Law Commons^™

The Cancellation Of Redskins As A Disparaging Trademark: Is Federal Trademark Law An Appropriate Solution For Words That Offend?, Justin G. Blankenship

University of Colorado Law Review

No abstract provided.

Current Plans To Ameliorate The Depletion Of Snake River Salmon: Old Controversy Or New Solution, Karen Richardson, Jennifer Bello

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Clean Air In Indian Country: Regulation And Environmental Justice, Sandra D. Benischek

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Empowering Tribes - The District Of Columbia Circuit Upholds Tribal Authority To Regulate Air Quality Throughout Reservation Lands In Arizona Public Service Company V. Environmental Protection Agency, Kristina M. Reader

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Treaty Of Guadalupe Hidalgo Definition And List Of Community Land Grants In New Mexico, United States General Accounting Office

Law of the Rio Grande

No abstract provided.

When Indian Law And Tax Law Collide: How Pull-Tab Games Got To The Supreme Court , John Burgess

Cleveland State Law Review

This Note will explore the reasons why two identical cases can turn out with completely different results. To do so, consideration will be given to the statutes involved and the varying interpretations of these statutes. Another important consideration is the policy behind these statutes, especially the IGRA. Part II will describe what the pull-tab games are, the statutes at issue, the conflicting cases, and the statutory interpretation issue. Part III will describe how the tenets of Indian Law can affect the analysis. Part IV will contain an analysis of the statutes and compare it to how the courts analyzed them. …

The Concepts Of Self-Determination And Autonomy Of Indigenous Peoples In The Draft United Nations Declaration On The Rights Of Indigenous Peoples, Erica-Irene A. Daes

St. Thomas Law Review

Susan J. Ferrell Keynote Address by Vis. Prof. Dr. Erica-Irene A. Daes, Chairperson of the UN Working Group on Indigenous Populations.

The Recognition Of Indigenous Peoples' And Community Traditional Knowledge In International Law, Rosemary J. Coombe

St. Thomas Law Review

Today I want to explore some of the international law-making efforts with respect to indigenous and traditional environmental knowledge. My work over the past three years has involved the study of the ongoing efforts underway to implement state obligations under the Convention on Biological Diversity ("CBD"), and the related efforts of the World Intellectual Property Organization (WIPO), to recognize, protect, and compensate for the contributions of indigenous and traditional communities' knowledge, innovations, and practices to the preservation and maintenance of biological diversity. This is a fascinating process of international lawmaking and an increasingly important field of global politics, which may …

Independent Traditional Seminole Nation: Defending Our Heritage And Our Land, Bobby Billie

St. Thomas Law Review

Let me identify my people and myself. In Florida, there are the Seminole Tribe, Incorporated and the Miccosukee Tribe, Incorporated. We have kept the tradition of the Independent Traditional Seminole Nation of Florida. We have not given up our land, our way of life, and our traditions. We have never signed a peace treaty, we never accepted a government handout, we did not accept anything. We try to maintain the gift of the Creator's way of life. We believe it gives us continuously the way of life. Nobody has to recognize us as to who we are as long as …

Exercising Self-Determination Without Jeopardising The Rights Of The Others: The Catalan Model, Puig I. Scotoni

St. Thomas Law Review

I have entitled my remarks "Exercising self-determination without jeopardising the rights of the others: the Catalan model."' This is because present day Catalan nationalism strives to make the interests of Catalonia compatible with those of Spain and the European Union. In my opinion, such political restraint and flexibility is one of the most remarkable aspects of the Catalan model.

Making Sense Out Of Nevada V. Hicks: A Reinterpretation, Alex Tallchief Skibine

St. Thomas Law Review

This article will first, summarize the law as it was before Hicks and second, focus on the various concurring opinions found in Hicks. Then, it will analyze the nature of the tribal right to exclude in an attempt to reconcile the results reached by the U.S. Supreme Court in terms of federalist principles. The article continues by arguing that Hicks can be conceived of as a special case requiring a clear statement from Congress before tribal jurisdiction can be judicially acknowledged. Finally, the article concludes by debating whether tribal powers, having been judicially divested, can be resuscitated through legislation, and …

Pluralisms: The Indian New Deal As A Model, Dalia Tsuk

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Aboriginal Rights In Transition: Reassessing Aboriginal Title And Governance, Kent Mcneil

Articles & Book Chapters

In a series of important decisions, the Court has come to grips with a number of issues that it did its best to avoid in the past, involving the identification and definition of Aboriginal rights, the content of Aboriginal title to land and the requirements for proving it, and the relevance of the law of New France to Aboriginal rights today. This paper will focus on these recent developments in the law, as well as attempting to identify areas where the law of Aboriginal rights is incomplete and so requires further judicial elucidation.

Indian Child Welfare Act: Keeping Families Together And Minimizing Litigation, Sarah Krakoff

Publications

No abstract provided.

Recurring Problems In Indian Gaming, Kevin Washburn

Faculty Scholarship

This essay briefly summarizes the history and legal framework of Indian gaming, describes the recent growth in the industry, and discusses some of the legal controversies that have been repeated across the country as states and tribes adjust to their respective roles in the Indian gaming industry.

A Jurisdictional Quandary: Challenges Facing Tribal Governments In Implementing The Full Faith And Credit Provisions Of The Violence Against Women Acts, Melissa L. Tatum

Kentucky Law Journal

No abstract provided.

[Introduction To] Uneven Ground: American Indian Sovereignty And Federal Law, David E. Wilkins, K. Tsianina Lomawaima

Bookshelf

In the early 1970s, the federal government began recognizing self-determination for American Indian nations. As sovereign entities, Indian nations have been able to establish policies concerning health care, education, religious freedom, law enforcement, gaming, and taxation. Yet these gains have not gone unchallenged. Starting in the late 1980s, states have tried to regulate and profit from casino gambling on Indian lands. Treaty rights to hunt, fish, and gather remain hotly contested, and traditional religious practices have been denied protection. Tribal courts struggle with state and federal courts for jurisdiction. David E. Wilkins and K. Tsianina Lomawaima discuss how the political …

The Manipulation Of Indigenous Status: The Federal Government As Shape-Shifter, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

"The federal-Indian relationship is like no other in the world. Indian tribes are denominated 'domestic-dependent nations' but their practical relationship with the United States 'resembles that of a ward to his guardian.' Indian tribes appear to have the same political status as the independent states of San Marino, Monaco, and Liechtenstein, yet they have little real self-government and seem to be forever mired in a state of political and economic pupilage."

This fifteen-year-old statement from Vine Deloria, Jr., the preeminent Indian political and legal scholar, still accurately reflects the convoluted nature of indigenous political, legal, and economic statuses in the …

Clinton's Legacy On Indigenous Issues, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

The president, of course, has not express constitutional responsibility for Indian nations—that is a power reserved to the Congress under the commerce clause. Nevertheless, it is to the president, dating back to George Washington, who had an active hand in Indian affairs through the treaty process, that tribal nations and their leaders have most often looked to gauge the federal government's character and commitment to fulfill the nation's historic treaty and ongoing trust obligations to indigenous people.

Judicial Terror Confronts Indian Nations, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

As the Bush Administration broadens its constitutionally problematic assault on real and alleged terrorists, both home and abroad, endangering the very rights and liberties it accused Osama bin Laden of savagely attacking, the judicial branch of the government, occupied by a majority of conservative justices, is doing its part to shatter the sovereign rights and economic liberties of indigenous nations.

Undoing Indian Law One Case At A Time: Judicial Minimalism And Tribal Sovereignty, Sarah Krakoff

Publications

No abstract provided.

The Unsettling Of The West: How Indians Got The Best Water Rights, David H. Getches

Publications

No abstract provided.

Beyond Indian Law: The Rehnquist Court’S Pursuit Of States’ Rights, Color-Blind Justice And Mainstream Values, David H. Getches

Publications

No abstract provided.

Beyond The Ethnic Umbrella And The Buffalo: Some Thoughts On American Indian Tribes And Gaming, Kristen A. Carpenter, Ray Halbritter

Publications

No abstract provided.

The Navajo Nation's Peacemaker Division: An Integrated, Community-Based Dispute Resolution Forum, Howard L. Brown Esq.

American Indian Law Review

No abstract provided.

Sovereign Immunity: Should The Sovereign Control The Purse?, Thomas P. Schlosser

American Indian Law Review

No abstract provided.

Removing Dam Development To Recover Columbia Basin Treaty Protected Salmon Economies, Rollie Wilson

American Indian Law Review

No abstract provided.

The De Facto Termination Of Alaska Native Sovereignty: An Anomaly In An Era Of Self-Determination, Benjamin W. Thompson

American Indian Law Review

No abstract provided.

Rolling The Dice On The Cyber-Reservation: The Confluence Of Internet Gaming And Federal Indian Law, David B. Jordan

American Indian Law Review

No abstract provided.

Problems And Solutions Regarding Indigenous Peoples Split By International Borders, Richard Osburn

American Indian Law Review

No abstract provided.