Indigenous, Indian, and Aboriginal Law Commons^™

Indian Lands As Critical Habitat For Indian Nations And Endangered Species: Tribal Survival And Sovereignty Come First, Sandra B. Zellmer

Faculty Law Review Articles

No abstract provided.

Ancestry And Casino Dollars In The Formation Of Tribal Identity, Eric Henderson

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Petition For Rehearing And Suggestion For Rehearing En Banc Of Intervenors- Defendants/Appellants "Private Owners" - United States V. Washington, Docket Nos. 96-35014, 96-35082, 96-35142, 96-35196, 96-35200, 96-35223 (135 F.3d 618 (9th Cir. 1998))

United States v. Washington, Docket Nos. 96-35014, 96-35082, 96-35142, 96-35196, 96-35200, 96-35223 (135 F.3d 618 (9th Cir. 1998))

No abstract provided.

The Outer Limits Of Community Self-Governance In Residential Associations, Municipalities, And Indian Country: A Liberal Theory, Mark D. Rosen

All Faculty Scholarship

This Article provides a normative framework that seeks to answer the questions of when and to what extent society should allow "dissident" communities to opt out of general culture and govern themselves. It surveys a number of such groups and develops an ideal typical conception of the ideology that drives them. Drawing on John Rawls' Political Liberalism, the Article then argues that foundational liberal commitments require that society grant most of these communities far greater powers to self-govern than currently are allowed under the law, subject to certain limits that the Article identifies. The Article then applies its framework to …

Erosion Of The Indigenous Right To Negotiate In Australia: Proposed Amendments To The Native Title Act, Gretchen Freeman Cappio

Washington International Law Journal

The Australian government seeks to amend the Native Title Act, which presently gives indigenous Australians real property rights by virtue of their history living on the land. In their present form, the proposed amendments to the Native Title Act threaten indigenous representation regarding land disputes. The right to negotiate currently protected by the Act must be preserved, ensuring indigenous participation as well as consensual and procedural agreement. The government should not change its course: indigenous parties deserve the same rights today as were granted just five years ago. Government and indigenous leaders must work cooperatively to draft new amendments to …

Certificate Of Service For Serving Federal Defendants' Response To Plaintiff's Request For Oral Argument, Andrew M. Eschen

Sandia Pueblo Mountain Claim

I certify that on February 6, 1998, I served the foregoing Federal Defendants' Response to Plaintiff's Request for Oral Argument.

Resource Law Notes Newsletter, No. 42, Winter Issue, Feb. 1998, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

Remarks On Tribal History And Culture, Brian Patterson

St. Thomas Law Review

There is a lot to be said in a matter of minutes regarding what has occurred in the past five-hundred years. As we talk about culture, I wonder: What exactly is culture? For what we have been given, for what we have been able to retain is an understanding of who we are as people, of the instructions the Creator has given to all of us on this good Mother Earth. So as we struggle in this day and age, we hear words such as religion, culture, heritage. In my young mind-relatively young-I wonder what this really means when what …

Chevron Doctrine In Federal Indian Law And The Agencies' Duty To Interpret Legislation In Favor Of Indians: Did The Epa Reconcile The Two In Interpreting The Tribes As States Section Of The Clean Water Act?, Alex Tallchief Skibine

St. Thomas Law Review

Part II of the Article discusses whether there is an ambiguity in the CWA, and if so, whether the EPA should be given Chevron deference in its interpretation of the Act. After concluding that there is an ambiguity in the statute and that Chevron is applicable, this Article discusses what role, in the Chevron inquiry, should be played by the rule of statutory construction mandating that federal statutes enacted for the benefit of Indians be construed liberally with ambiguities resolved in their favor. This rule will be referred to as the Indian liberal construction rule. This Article takes the position …

Defining Aboriginal Title In The 90'S: Has The Supreme Court Finally Got It Right?, Kent Mcneil

Books

The arrival of Europeans in North America had a profound impact on the Aboriginal peoples who had been living here for thousands of years. Virtually everything changed: unfamiliar diseases like smallpox ravished the population; the fur trade and European settlement and resource use decimated the wildlife; new technology such as firearms altered Aboriginal economies and tribal relations; Christian evangelism affected spiritual beliefs and values; European imposition of sovereignty and governmental structures weakened, and in some cases replaced, Aboriginal forms of government; and so on. But more than anything else, the taking of Aboriginal lands by Europeans has probably had the …

Getting Back What Was Theirs? The Reparation Mechanisms For The Land Rights Claims Of The Maori And The Navajo

Penn State International Law Review (1982 - 2011)

No abstract provided.

Reconstituting Haudenosaunee Law, Sovereignty, And Governance, Errol E. Meidinger

Journal Articles

This article introduces a symposium issue on "Law, Sovereignty, and Tribal Governance: The Iroquois Confederacy" that grew out of a conference at the University at Buffalo Law School in 1998. The symposium was heavily attended and debated by the indigenous peoples of the region. The article argues that core lessons of the conference included the requirement to understand and implement sovereignty as tool of cultural survival, particularly in its insistence on a land base; that sovereignty has been adopted as a central concept by Indian peoples both because it provides a necessary social bulwark and because it facilitates a discursive …

Palabras Del Presidente De La Comision Interamericana De Derechos Humanos En La Sesion Inaugural Del 95, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

"Save The Whales" V. "Save The Makah": The Makah And The Struggle For Native Whaling, Richard Kirk Eichstaedt

Animal Law Review

In 1997 the International Whaling Commission approved a quota for the Makah Indian Tribe to hunt four gray whales per year, culminating years of legal wrangling and political maneu­vering by all of the concerned parties. Mr. Eichstaedl examines the history of the Makah whaling rights from the Tribe's treaty with the United States in 1855 to the present-day battles with Congress and the IWC. This unfolding story pits a species of whale once on the brink of extinction, against Native Ameri­cans re-asserting a centuries-old custom.

Indians: Modern Tribal Jurisdiction Over Non-Indian Parties: The Supreme Court Takes Another Bite Out Of Tribal Sovereignty In Strate V. A-1 Contractors, Aaron S. Duck

Oklahoma Law Review

No abstract provided.

Stature And Scrutiny: Post-Exhaustion Review Of Tribal Court Decisions, Judith Royster

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

American Indian Law Meets The Internal Revenue Code: Warbus V. Commissioner, Erik M. Jensen

Faculty Publications

This article examines a 1998 Tax Court decision, Warbus v. Commissioner, that has implications for both American Indian law and federal tax law. Section 7873 of the Internal Revenue Code exempts from taxation amounts derived by American Indian tribal members from fishing-rights related activit[ies] of their tribes. Taxpayer Warbus claimed that discharge of indebtedness income from the foreclosure of his fishing boat qualified for the exclusion; the Tax Court said no. The author argues that Warbus was wrongly decided for two reasons: the court failed to take account of basic principles of American Indian law, and the court misapplied the …

Impact Of Foreign Investment On Indigenous Culture: An Intellectual Property Perspective, 23 N.C. J. Int'l L. & Com. Reg. 229 (1998), Doris E. Long

UIC Law Open Access Faculty Scholarship

No abstract provided.

Striking The Rock: Confronting Gender Equality In South Africa, Penelope E. Andrews

Michigan Journal of Race and Law

This Article analyzes the status of women's rights in the newly democratic South Africa. It examines rights guaranteed in the Constitution and conflicts between the principle of gender equality and the recognition of indigenous law and institutions. The Article focuses on the South African transition to democracy and the influence that feminist agitation at the international level has had on South African women's attempts at political organization. After dissecting the historical position of customary law in South Africa and questioning its place in the new democratic regime. The author argues that, although South African women have benefited from the global …

Ua Mau Ke Ea O Ka Aina I Ka Pono:Voting Rights And The Native Hawaiian Sovereignty Plebiscite, Troy M. Yoshino

Michigan Journal of Race and Law

Using the Native Hawaiian Sovereignty Plebiscite to investigate the complex interplay between race, nationalism, and the special purpose district exception, this Note chronicles the development of relevant legal doctrines and the history of the Native Hawaiians' quest for self-government in an attempt to untangle those issues. In doing so, this Note concludes that the Native Hawaiian Sovereignty Plebiscite was an unconstitutional method of securing sovereign rights for Native Hawaiians, but that a Native Hawaiian claim to at least some form of self-government is justified. As a result, this Note searches for a method that will guarantee self-government as well as …

Listen, Matthew L.M. Fletcher

Michigan Journal of Race and Law

In a traditional law school setting, experiences of students of color, especially Native Americans, are often buried by the discourse of the dominant culture. This piece, a non-traditional work using elements of prose, lyric, monologue, and poetry, weaves strands of legal discourse, commentary, and autobiography into a critical narrative of the experience of legal education from an outsider law student's perspective. The author, a member of the Grand Traverse Band of Ottawa and Chippewa Indians, recounts these vignettes in a voice infused with the history and traditions of Native American oral storytelling.

The Indian Treaty Piscary Profit And Habitat Protection In The Pacific Northwest: A Property Rights Approach, Michael C. Blumm, Brett M. Swift

University of Colorado Law Review

No abstract provided.

Indian Nations On The Eve Of The 21st Century (Panel Discussion), Frank Pommersheim

Faculty Publications

No abstract provided.

Placing The Waitangi Tribunal: Attitudes Towards The Claims Settlement Process In New Zealand, Kirsten Matoy Carlson

Law Faculty Research Publications

This article reports the findings of a 1998 survey of the general New Zealand public's attitudes towards race relations and the Treaty of Waitangi. The survey sought to determine whether demographic variables such as age, gender, race, and educational level impact attitudes towards the Treaty of Waitangi and the Treaty Claims Settlement Process. The survey findings indicate some polarisation among New Zealanders according to ethnicity on certain issues, and a general lack of knowledge and/or informed opinions about sovereignty, Treaty, and Tribunal issues.

Entry Of Appearance (Bernalillo County & Sandia Mountain Coalition), Thomas R. Bartman

Sandia Pueblo Mountain Claim

No abstract provided.

Indigenous Nations And International Trade, Robert Berry

Librarian Publications

In an era where economic policy must be increasingly fashioned in global terms, the economies of Indigenous Nations in present-day Canada and the United States remain isolated from international commerce.These nations--once independent, now governed by a supervising state --in most cases cannot be said to enjoy evenan unhindered access to commerce within the states that surround them. Indeed, the insularity of the North American Indigenous Nations is a fundamental feature of their existence and, too, a formidable barrier to these nations' ability to establish vibrant and diversified economies.

This Note examines the central role that trade played in relations …

Sovereign Bargains, Indian Takings, And The Preservation Of Indian Country In The Twenty-First Century, Raymond Cross

Faculty Law Review Articles

This article develops a modern Indians taking doctrine by critically examining the unfolding of Marshall's Indian bargaining model through three distinct eras: 1) Chief Justice Marshall's construction of the Indian bargaining model as an American adaptation of the European doctrine of discovery; 2) the Supreme Court's subsequent reformulation of that model as the Indian plenary power doctrine; and 3) the Court's failed reconciliation of the Indian plenary power doctrine with the just compensation command of the Constitution.

A sketch of such a doctrine is provided by a case study of the 1949 taking of the Fort Berthold Indian Reservation, a …

Representing Native People And Indian Tribes: A Response To Professor Allegretti, Frank Pommersheim

Faculty Publications

No abstract provided.

History Of Tribal Courts, Frank Pommersheim

Faculty Publications

No abstract provided.

Indian Reserved Water Rights In The Dual System State Of Oklahoma, Taiawagi Helton

Faculty Articles

No abstract provided.