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Articles 3511 - 3540 of 13877
Full-Text Articles in Indigenous, Indian, and Aboriginal Law
In The Path Of Our Ancestors: The Aboriginal Right To Cross The Canada-United States Border, Pamela Doris Palmater
In The Path Of Our Ancestors: The Aboriginal Right To Cross The Canada-United States Border, Pamela Doris Palmater
LLM Theses
In this thesis, I will argue that the Aboriginal peoples whose traditional territories straddle the Canada - United States border have the right to pass and repass the border freely. With this right comes the ability to live and/or work in either country without having to apply for permission each time with Immigration officials. I have suggested that instead of litigating these rights, the governments of both Canada and the United States should commence tri-partite discussions on how best to accommodate these rights, both on an interim basis and permanently through legislation. One of the measures that I have suggested …
In The Path Of Our Ancestors: The Aboriginal Right To Cross The Canada-United States Border, Pamela Palmater
In The Path Of Our Ancestors: The Aboriginal Right To Cross The Canada-United States Border, Pamela Palmater
LLM Theses
In this thesis, I will argue that the Aboriginal peoples whose traditional territories straddle the Canada - United States border have the right to pass and repass the border freely. With this right comes the ability to live and/or work in either country without having to apply for permission each time with Immigration officials. I have suggested that instead of litigating these rights, the governments of both Canada and the United States should commence tri-partite discussions on how best to accommodate these rights, both on an interim basis and permanently through legislation. One of the measures that I have suggested …
[Introduction To] Tribes, Treaties, And Constitutional Tribulations, Vine Deloria Jr., David E. Wilkins
[Introduction To] Tribes, Treaties, And Constitutional Tribulations, Vine Deloria Jr., David E. Wilkins
Bookshelf
"Federal Indian law... is a loosely related collection of past and present acts of Congress, treaties and agreements, executive orders, administrative rulings, and judicial opinions, connected only by the fact that law in some form has been applied haphazardly to American Indians over the course of several centuries.... Indians in their tribal relation and Indian tribes in their relation to the federal government hang suspended in a legal wonderland."
In this book, two prominent scholars of American Indian law and politics undertake a full historical examination of the relationship between Indians and the United States Constitution that explains the present …
Federal Indian Law: Tribal Sovereign Immunity: Why Oklahoma Businesses Should Revamp Legal Relationships With Indian Tribes After Kiowa Tribe V. Manufacturing Technologies, Inc., David B. Jordan
Oklahoma Law Review
No abstract provided.
The Reinvigoration Of The Doctrine Of Implied Repeals: A Requiem For Indigenous Treaty Rights, David E. Wilkins
The Reinvigoration Of The Doctrine Of Implied Repeals: A Requiem For Indigenous Treaty Rights, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
America's indigenous nations occupy a distinctive political within the United States as separate sovereigns whose rights in the doctrine of inherent tribal sovereignty, affirmed in hundreds of ratified treaties and agreements, acknowledged in the Commerce the U.S. Constitution, and recognized in ample federal legislation case law. Ironically, while indigenous sovereignty is neither ally defined or delimited, it may be restricted or enhanced by One could argue, then, that indeterminacy or inconsistency of the tribal-federal political/legal relationship.
Racial And Ethnic Studies, Political Science And Mid-Wifery, Vine Deloria Jr., David E. Wilkins
Racial And Ethnic Studies, Political Science And Mid-Wifery, Vine Deloria Jr., David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
One of the major fallacies of Western civilization, according to Alfred North Whitehead,' was the propensity of Western thinkers to assume that ideas generated within their intellectual landscape were indicative of reality itself. Although some phases of Western science, notably physics and philosophy, have transcended their parochial origins, aspects of the old medieval synthesis still remain in the Western worldview. The gradual fragmentation of the old categories of natural history and theology into the isolated sciences and disciplines of today has produced a myriad of separate bodies of knowledge complete with their professional priesthoods and has allowed considerable slippage in …
Interpreting Indian Country In State Of Alaska V. Native Village Of Venetie, Kristen A. Carpenter
Interpreting Indian Country In State Of Alaska V. Native Village Of Venetie, Kristen A. Carpenter
Publications
According to federal Indian law's canons of construction, statutes enacted for the benefit of American Indians and Alaska Natives must be liberally interpreted in their favor. But a doctrine of statutory interpretation presently challenges certain applications of the Indian canons. Announced by the Supreme Court in Chevron, U.S.A. v. Natural Resources Defense Council, Inc., the doctrine requires that courts defer to administrative agency interpretations of ambiguous language in statutes they are authorized to administer. In instances where agencies construe statutes against Indian interests, Chevron deference and the Indian canons dictate opposite results for a reviewing court. This conflict muddles Indian …
Superpower Attitudes Toward Indigenous Peoples And Group Rights, S. James Anaya
Superpower Attitudes Toward Indigenous Peoples And Group Rights, S. James Anaya
Publications
No abstract provided.
Front Matter (Administration And Faculty Listing, Masthead, And Table Of Contents)
Front Matter (Administration And Faculty Listing, Masthead, And Table Of Contents)
American Indian Law Review
No abstract provided.
Monopolistic Land Tenure And Free Trade In Mexico: Resurrecting The Ghost Of Porfirian Economics, Lola Clayton Rainey
Monopolistic Land Tenure And Free Trade In Mexico: Resurrecting The Ghost Of Porfirian Economics, Lola Clayton Rainey
American Indian Law Review
No abstract provided.
A Nation In Crisis: The Government Of The Cherokee Nation Struggles To Survive, Denette A. Mouser
A Nation In Crisis: The Government Of The Cherokee Nation Struggles To Survive, Denette A. Mouser
American Indian Law Review
No abstract provided.
City Of Boerne V. Flores Wrecks Rfra: Searching For Nuggets Among The Rubble, John Gatliff
City Of Boerne V. Flores Wrecks Rfra: Searching For Nuggets Among The Rubble, John Gatliff
American Indian Law Review
No abstract provided.
The Massad Commission Report To The Tribal Council Of The Cherokee Nation, Anthony M. Massad, Robert A. Layden, Daniel G. Gibbens
The Massad Commission Report To The Tribal Council Of The Cherokee Nation, Anthony M. Massad, Robert A. Layden, Daniel G. Gibbens
American Indian Law Review
No abstract provided.
Now We Have Forgotten The Old Indian Law: Choctaw Culture And The Evolution Of Corporal Punishment, Steven M. Karr
Now We Have Forgotten The Old Indian Law: Choctaw Culture And The Evolution Of Corporal Punishment, Steven M. Karr
American Indian Law Review
No abstract provided.
Galileos Or Grave Robbers? Science, The Native American Graves Protection And Repatriation Act, And The First Amendment, Michelle Hibbert
Galileos Or Grave Robbers? Science, The Native American Graves Protection And Repatriation Act, And The First Amendment, Michelle Hibbert
American Indian Law Review
No abstract provided.
Cases: United States V. Weaselhead; Dawavendewa V. Salt River Project Agricultural Improvement And Power District; Austin's Express, Inc. V. Arneson;
American Indian Law Review
No abstract provided.
The United States Supreme Court And American Indian Tribal Sovereignty (Review Of American Indian Sovereignty And The U.S. Supreme Court: The Masking Of Justice By David E. Wilkins), Richard J. Ansson Jr.
The United States Supreme Court And American Indian Tribal Sovereignty (Review Of American Indian Sovereignty And The U.S. Supreme Court: The Masking Of Justice By David E. Wilkins), Richard J. Ansson Jr.
American Indian Law Review
No abstract provided.
Papers From The American Indian Law Review's 25th Anniversary Symposium: Introduction, Preston P. Van Camp, Debbie S. Johnson
Papers From The American Indian Law Review's 25th Anniversary Symposium: Introduction, Preston P. Van Camp, Debbie S. Johnson
American Indian Law Review
No abstract provided.
"Tribal Sovereignty Is A Sacred Trust": An Open Letter To The Conference, Wilma Mankiller
"Tribal Sovereignty Is A Sacred Trust": An Open Letter To The Conference, Wilma Mankiller
American Indian Law Review
No abstract provided.
Sovereignty, A State Of Mind: A Thakiwa Citizen's Viewpoint, Dagmar Thorpe
Sovereignty, A State Of Mind: A Thakiwa Citizen's Viewpoint, Dagmar Thorpe
American Indian Law Review
No abstract provided.
Sovereignty And Its Relevance To Native Americans In The Twenty-First Century, Hurst Hannum
Sovereignty And Its Relevance To Native Americans In The Twenty-First Century, Hurst Hannum
American Indian Law Review
No abstract provided.
"Watch Your Six": An Indian Nation Judge's View Of 25 Years Of Indian Law, Where We Are And Where We Are Going, Robert Yazzie
"Watch Your Six": An Indian Nation Judge's View Of 25 Years Of Indian Law, Where We Are And Where We Are Going, Robert Yazzie
American Indian Law Review
No abstract provided.
In Memoriam: Francis Browning Pipestem: A Great And Savage Warrior, Dena L. Sullivan
In Memoriam: Francis Browning Pipestem: A Great And Savage Warrior, Dena L. Sullivan
American Indian Law Review
No abstract provided.
Indian Water Rights, The Missouri River, And The Administrative Process: What Are The Questions?, John H. Davidson
Indian Water Rights, The Missouri River, And The Administrative Process: What Are The Questions?, John H. Davidson
American Indian Law Review
No abstract provided.
Federal Consultation With Indian Tribes: The Foundation Of Enlightened Policy Decisions, Or Another Badge Of Shame?, Derek C. Haskew
Federal Consultation With Indian Tribes: The Foundation Of Enlightened Policy Decisions, Or Another Badge Of Shame?, Derek C. Haskew
American Indian Law Review
No abstract provided.
The Invalidity Of The Nez Perce Treaty Of 1863 And The Taking Of The Wallowa Valley, John K. Flanagan
The Invalidity Of The Nez Perce Treaty Of 1863 And The Taking Of The Wallowa Valley, John K. Flanagan
American Indian Law Review
No abstract provided.
Nations Within A Nation: The Evolution Of Tribal Immunity, Theresa R. Wilson
Nations Within A Nation: The Evolution Of Tribal Immunity, Theresa R. Wilson
American Indian Law Review
No abstract provided.
The Native American Graves Protection And Repatriation Act: The Death Knell For Scientific Study?, Renee M. Kosslak
The Native American Graves Protection And Repatriation Act: The Death Knell For Scientific Study?, Renee M. Kosslak
American Indian Law Review
No abstract provided.
"Land Is Itself A Sacred, Living Being": Native American Sacred Site Protection On Federal Public Lands Amidst The Shadows Of Bear Lodge, Joel Brady
American Indian Law Review
No abstract provided.
Cases And Developments, Richard J. Ansson Jr.
Cases And Developments, Richard J. Ansson Jr.
American Indian Law Review
No abstract provided.