Indigenous, Indian, and Aboriginal Law Commons^™

No Women At The Center: The Use Of The Canadian Sentencing Circle In Domestic Violence Cases, Rashmi Goel

Sturm College of Law: Faculty Scholarship

For Canadian Aboriginal women, domestic violence is pervasive. A report by the Ontario Native Women’s Association indicates that eighty percent of Aboriginal women surveyed had personally experienced family violence. In this context, Rashmi Goel looks at the use of sentencing circles to respond to wrongdoing by Aboriginal people. Current Aboriginal justice initiatives emphasize a return to traditional values and processes, manifested in one way in the sentencing circle. Yet, states Goel, such initiatives fail to restore Aboriginal women to their honored place. Contemporary Canadian sentencing circles exemplify this problem; they further injure victims in several respects. Hence, Goel argues that …

Sacred Sites And Modern Lives: The Miami Circle And Beyond, Franklyn M. Casale

St. Thomas Law Review

It is with great pleasure that I welcome you all to our Fifth Tribal Sovereignty Symposium. This year's main concern is a very local one, but one with national and international implications. Its title is "Sacred Sites and Modem Lives: The Miami Circle and Beyond." We are very proud that St. Thomas University is the location for such an important discussion that will have significant impact in our community and beyond.

Things Not Spoken: The Burial Of Native American History, Law And Culture, Rennard Strickland

St. Thomas Law Review

The theme of this conference, "Sacred Sites and Modem Lives," is important not only for Native Americans but for all Americans. Indeed, the relationship between indigenous peoples and their traditional homelands is an issue of global significance. Throughout the world we are hearing what Dr. Erica-Irene A. Daes called "the voice of loneliness and self-destruction." What D. H. Lawrence called the spirit of the ghost of aboriginal peoples. It is a ghost with an increasingly haunting and strident voice.

Sovereignty And Sacred Land, Bardie C. Wolfe Jr., Oren Lyons

St. Thomas Law Review

I was pleased to come down here for several reasons: one being that my son is down here and I get a chance to say hello to him, and the other, to talk about the importance of not only sacred sites but the term sovereignty; tribal sovereignty. We know that sovereignty is an English term, a European term. It deals with sovereigns; it deals with kings; it deals with those who control everything. Sovereignty is something we learn from being in contact with these nations for so long, I think that the Haudenosaunee, also known as the Iroquois by the …

The Indispensable Function Of The Sacred, Erica-Irene A. Daes

St. Thomas Law Review

Distinguished elders, scholars and guests, I am greatly honored by your invitation to present the Susan J. Ferrell keynote address at this important gathering. It is, of course, particularly appropriate that we meet together on this very timely topic in the city of Miami, location of one of the more recent (and, I am happy to say, successful) struggles to protect the heritage of indigenous peoples, and that we meet at the invitation of Professor Weissner, who played a significant role in that struggle.

Protection Of Cultural Heritage Found On Private Land: The Paradigm Of The Miami Circle And Regulatory Takings Doctrine After Lucas, Patty Gerstenblith

St. Thomas Law Review

In Part I, this article will first review the development of protection in the United States for archaeological sites, including particularly Native American burials. In Part II, this article will analyze current Supreme Court and lower court jurisprudence concerning regulatory takings, particularly in the aftermath of the Supreme Court's 1992 decision, Lucas v. South Carolina Coastal Council, in order to determine what would be the permissible extent of regulation and protection of archaeological sites located on private land and the disposition of objects found in such sites and burials. Part III examines the extent to which current state statutes protect …

Sovereignty In Spiritual Perspective, Perry Horse

St. Thomas Law Review

When my forebears entered the Twentieth Century one hundred years ago they were dispirited because of what was lost. Gone was the old religion of K'caawT'doh (the Medicine Lodge). Gone were the On'gma Peenh (our own food), i.e., the buffalo. Gone were the days of a free, independent lifestyle. Gone was the old economy of self-sufficiency, hunting, and trade. All that was left was our native language, remnants of our aboriginal territory, our traditions and beliefs, and many of the old songs, dances, and rituals. The last century was one of transition for the Kiowas as well as all other …

Forces Of Light: The Spiritual Battle For The Miami Circle, Geeta Sacred Song

St. Thomas Law Review

The land is my body, the water my blood. The wind is my nourishment, the fire my spirit. On the sacred path, we relate to every thing. We are deeply appreciative of all creation. Every thing is living and breathing, and every thing is a reason to rejoice. Therefore, every thing needs to be in its proper order, and when it is not, we must defend it. It is not that we want to defend it, we must defend it. I am sure that everyone here feels that they have a job, a job to be a student, to be …

Grounded Visions: Native American Conceptions Of Landscapes And Ceremony, Russel L. Barsh

St. Thomas Law Review

When the first wild strawberries flowered, my friend Chris Jocks, a Mohawk professor of comparative religion at Dartmouth, took his students to meet me at the old beaver pond on Thetford Hill. As the sun set behind a warm sprinkling of rain, we sat on top of the beaver dam and listened to successive waves of croaking, roaring, warbling, chirping, and hooting. "In the beginning," we explained that ''the Beaver made the world out of mud from the bottom of the waters. All the animals came and thanked the Creator. That is the way it was, and the way it …

The Nature Of Aboriginal Title, Brian Slattery

Articles & Book Chapters

The concept of Aboriginal title is an autonomous concept of Canadian common law that bridges the gulf between Indigenous land systems and imported European land systems. It does not stem from Indigenous customary law, English common law or French civil law. It coordinates the interaction between these systems without forming part of them. In effect, it is a form of inter-societal common law.

Every Man Has A Right To Decide His Own Destiny: The Development Of Native Hawaiian Self-Determination As Compared To Self-Determination Of Native Alaskans And The People Of Puerto Rico, 33 J. Marshall L. Rev. 639 (2000), Michael Carroll

UIC Law Review

No abstract provided.

John Marshall And Indian Nations In The Beginning And Now, 33 J. Marshall L. Rev. 1183 (2000), Milner S. Ball

UIC Law Review

No abstract provided.

Minnesota V. Mille Lacs Band Of Chippewa Indians: Should The Courts Interpret Treaty Law To Empower Traditional Native American Tribes To Hatchet The Environment, Joshua C. Quinter

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Making Sense Of Aboriginal And Treaty Rights, Brian Slattery

Articles & Book Chapters

This paper proposes a basic framework for understanding the decisions of the Supreme Court of Canada relating to aboriginal and treaty rights. It argues that the foundations of these rights lie in the common law doctrine of aboriginal rights, which originated in ancient custom generated by historical relations between the Crown and indigenous peoples, as informed by basic principles of justice. This sui generis doctrine is par t of the common law of Canada and operates uniformly across the country, it also provides the context for interpreting section 35(1) of the Constitution Act, 1982. The doctrine of aboriginal rights has …

From Consultation To Reconciliation: Aboriginal Rights And The Crown’S Duty To Consult, Sonia Lawrence, Patrick Macklem

Articles & Book Chapters

The judiciary has repeatedly called on First Nations and the Crown not to tax the institutional competence of the judiciary by excessive litigation of disputes, and instead to attempt to reach negotiated settlements . It has also held that the Crown is under a duty to consult with a First Nation when it proposes to engage in an action that threatens to interfere with existing Aboriginal or treaty rights recognized and affirmed by s. 35(1) of the Constitution Act, 1982. In this Article, the authors argue that the duty to consult requires the Crown, in most cases, to make good …

The Miami Circle And Beyond, Bobby C. Billie

St. Thomas Law Review

My name is Bobby C. Billie. I am the Spiritual Leader, and a Clan Leader of the Independent Traditional Seminole Nation of Florida. The Independent Traditional Seminole Nation of Florida has been organized under the Natural Law System and follows the Traditional Laws, and has been recognized under the Creator's Law. My grandpa was Ingraham Billie. His great, great, great grandpa was Sam Jones or Arpeika. These were two Leaders of my Nation over the past three hundred years. But there have been more beyond these three hundred years. Indigenous Natural People know and feel all Creation of the Earth …

Ld 1028 - Protection Of Indian Archaeological Sites : Report To The Standing Committee On Appropriations And Financial Affairs, Maine Historic Preservation Commission

Maine Collection

LD 1028 - Protection of Indian Archaeological Sites : Report to the Standing Committee on Appropriations and Financial Affairs.

Arthur Spiess, Archaeologist, Maine Historic Preservation Commission with Representative Donald Soctomah, January, 2000.

Contents: Introduction / The Resource / The Problem / Synopsis of Existing Laws / Discussions with Law Enforcement / Site Monitoring or Stewardship / Discussion / Recommendations / Appendix A - Text of 27 MRSA 371-378 as Amended to Date / Appendix B - Written Comments from State Agencies on LD 1028 Consultation / Appendix C - Archaeological Site Monitoring Materials

Cultural Resistance To Global Governance, Joel Richard Paul

Michigan Journal of International Law

This article maps out the terrain in which state actors and legal scholars make claims premised on a cultural exception to justify derogating from international legal norms. The author’s aim is to understand why some of these claimed cultural practices displace international legal norms, while other practices are dismissed as violating international legal norms. Part II will examine this discourse in relation to the rights of women and sexual minorities. This article will show that the international community generally regards gender norms as cultural and the international legal norm of gender equality usually defers to national cultural practices. Part III …

Judicial Termination Of Treaty Water Rights: The Snake River Case, Dale Goble

Articles

No abstract provided.

The United Tribe Of Shawnee Indians: Resurrection In The Twentieth Century, John W. Ragsdale Jr

Faculty Works

Tribal sovereignty is not necessarily a function of land area, population size or competitive significance. The essence lies in the freedom to make or recognize rules and principals of personal conduct and social order. This essential liberty springs from the community between particular people, their past, future and their sacred land base. The legislative history of the Federal Recognized Indian Tribe List Act of 1994 states that recognition of a tribe is critical, not just to the tribe's interests, but to the legitimacy of federal power, as the Constitution empowers Congress to legislate only with respect to Indian tribes rather …

The United States Supreme Court And Indigenous Peoples: Still A Long Way To Go Toward A Therapeutic Role, S. James Anaya

Seattle University Law Review

Although the Court has in many instances ruled in favor of Native Americans, its approach in the multiple cases it has decided involving them could rarely be called therapeutic in the sense that term is used in the Introduction to this issue. The Court's jurisprudence in this area provides perhaps the starkest American example of the appellate judiciary functioning in an antitherapeutic role in the context of majority-minority conflicts. In this brief Article, I will identify particular aspects of the Court's jurisprudence to make this point. Further, I will suggest what is needed in order for the Court to function …

Dean's Welcoming Remarks, John Makdisi

St. Thomas Law Review

I also would like to welcome you to this wonderful conference the fifth that has been sponsored at this school. As many of you know, I am new to the school, but my friendship with the director and with the co-host of this conference extend back many years to the time I was in Tulsa, Oklahoma. At that time, I had the good fortune to meet Professor Seigfried Wiessner, the director, and Professor Kirke Kickingbird, our co-host. Tulsa hosted a Sovereignty Symposium every year, and it was then that I was introduced to the mysteries and to the sacredness and …

Welcoming Remarks, Joseph P. Farina

St. Thomas Law Review

Good morning. It is a personal privilege to be here today as a strong and compassionate supporter of this Conference, and to share this beginning of what will be a very important two days. I extend to you a most cordial welcome on behalf of the judiciary 111 judges of the Eleventh Judicial Circuit of Florida.

Tribal Governments And The Protection Of Watersheds And Wetlands In Indian Country, Dean B. Suagee

St. Thomas Law Review

This paper will focus on the protection of watersheds and wetlands within Indian country under the federal environmental scheme. In section II, we discuss the authorization of tribal programs under the Clean Water Act (CWA) and Safe Drinking Water Act (SDWA). In section III, we provide a detailed discussion of the programmatic and legal developments in tribal implementation of the water quality standards programs under the CWA. Section IV discusses EPA's authority to directly implement the CWA and SDWA in Indian country. In Section V, we summarize EPA's strategy to create partnerships with tribes to protect water resources in Indian …

Florida's War On Indian Gaming: An Attack On Tribal Sovereignty, Jerry C. Straus

St. Thomas Law Review

In 1988 Congress passed the Indian Gaming Regulatory Act (IGRA). The states, disappointed with certain aspects of the IGRA legislation, launched a war against Indian tribes to stop them from conducting the gaming which Congress had determined was a vital source of economic development for tribes and a proper exercise of tribal sovereignty. In 1994 governors from forty-nine states signed and sent a letter to Congress urging drastic revisions in the law purportedly to protect states' rights. To this day, every Session of Congress brings the introduction of legislation that would curtail or destroy Indian gaming rights. The states viewed …

The Miami Circle: Teacher Of Respect For Nature, People, History, And Place, Dennis Wiedman

St. Thomas Law Review

Cut into the limestone bedrock shore of the Miami River where it enters Biscayne Bay, the Miami Circle has captured local, state, national and international attention since its discovery in September 1998. This paper captures the information, insight, and cultural values expressed by the various contributors to the conference on "Sacred Sites and Modem Lives: The Miami Circle and Beyond." It highlights the lessons that enable us to better understand the significance of the Miami Circle's past, its present implications for the South Florida community, and visions of its future.

Will The Circle Be Unbroken--The Miami Circle Discovery And It's Significance For Urban Evolution And Protection Of Indigenous Culture, Pamela G. Levinson

St. Thomas Law Review

A mysterious, ancient stone circle carved into limestone bedrock discovered on a downtown Miami bayfront lot has set a legal precedent for the world. The unique formation known as the Miami Circle has been saved by the exercise of the ultimate power of government - eminent domain. Thus its relevance stretches beyond the local struggle to save one ancient archaeological curiosity. Rather, it stands as a model for the preservation of similar archaeological structures and artifacts found on private lands, which up to now have been vulnerable to destruction. It also stands as a model of hope for other sites …

Give Or Take An Acre: Property Norms And The Indian Land Consolidation Act, Katheleen Guzman

Faculty Articles

No abstract provided.

Getting To Waiver – A Legislative Solution To State Sovereign Immunity In Bankruptcy After Seminole Tribe, Laura B. Bartell

Law Faculty Research Publications

No abstract provided.

Conserving Ecosystems Through The Secretarial Order On Tribal Rights, Sandra B. Zellmer

Faculty Law Review Articles

No abstract provided.