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Articles 3631 - 3660 of 13878
Full-Text Articles in Indigenous, Indian, and Aboriginal Law
Entry Of Appearance (Sandia Pueblo), Peter T. Grossi Jr.
Entry Of Appearance (Sandia Pueblo), Peter T. Grossi Jr.
Sandia Pueblo Mountain Claim
No abstract provided.
Entry Of Appearance (Federal), Marta Hoilman, Ann E. Peterson, Andy M. Eschen
Entry Of Appearance (Federal), Marta Hoilman, Ann E. Peterson, Andy M. Eschen
Sandia Pueblo Mountain Claim
No abstract provided.
What's In The Cards For The Future Of Indian Gaming Law, William Bennett Cooper Iii
What's In The Cards For The Future Of Indian Gaming Law, William Bennett Cooper Iii
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Chicana/Chicano Land Tenure In The Agrarian Domain: On The Edge Of A "Naked Knife", Guadalupe T. Lunda
Chicana/Chicano Land Tenure In The Agrarian Domain: On The Edge Of A "Naked Knife", Guadalupe T. Lunda
Michigan Journal of Race and Law
Neither sovereignty nor property rights could forestall American geopolitical expansion in the first half of the nineteenth century. The conflicts that resulted from this clash of doctrine with desire are perhaps most evident in the history of the Chicanas/Chicanos of Texas, California, and the Southwest, who sought to maintain their land and property, as guaranteed by the Treaty of Guadalupe Hidalgo, in the aftermath of the U.S.- Mexico War. Integrating an exploration of case law with political and social histories of the period, the Author explores the sociolegal significance of Chicana/Chicano land dispossession; exposes the racial, economic, and political motivations …
Tribal-State Affairs: American States As 'Disclaiming' Sovereigns, David E. Wilkins
Tribal-State Affairs: American States As 'Disclaiming' Sovereigns, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
The history of tribal-state political relations has been contentious from the beginning of the republic. As a result of these tensions, the relationship of tribal nations and the federal government was federalized when the U.S. Constitution was ratified in 1788. Thus, a number of states, especially in the West, were required in their organic acts and constitutions to forever disclaim jurisdiction over Indian property and persons. This article analyzes these disclaimer clauses, explains the factors that have enabled the states to assume some jurisdictional presence in Indian Country, examines the key issues in which disclaimers continue to carry significant weight, …
The Indigenous Peoples Of The Usa: Issues And Challenges Of Native Americans, David E. Wilkins
The Indigenous Peoples Of The Usa: Issues And Challenges Of Native Americans, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
Vine Deloria, Jr., the most important Indian chronicler of indigenous political, legal, and religious experience in the U.S. in the last thirty years, noted recently that Indian life, particularly the experience of reservation-based tribal peoples, "has only the slightest resemblance to the conditions of three decades ago, and the current situation has elements of hope and portents of disaster." This observation is even more realistic as we sit at the dawn of the new millennium. The 560 indigenous polities in the U.S.—374 Indian nations, tribes, bands, communities, and Pueblos in the lower 48 states; 226 are Alaska Native villages and …
Will Tribes Ever Be Able To "Trust" Their Federal Trustee?, David E. Wilkins
Will Tribes Ever Be Able To "Trust" Their Federal Trustee?, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
It is widely reported that the federal government has a trust relationship with the Indian peoples of this land, one of the many distinctive features of the indigenous/federal relationship. Despite the importance of this concept, legal and political commentators and, surprisingly, federal policy makers have radically conflicting definitions of what the trust relationship actually means.
Quit-Claiming The Doctrine Of Discovery: A Treaty-Based Reappraisal, David E. Wilkins
Quit-Claiming The Doctrine Of Discovery: A Treaty-Based Reappraisal, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
The discovery doctrine is one of the baseline legal concepts that has worked to seriously disadvantage the land rights of indigenous nations in the United States because it asserts, as one of its definitions, that the "discovering" European nations and their successor states, gained legal title to Indian lands in North America. The author argues, using comparative colonial and early American treaty, legislative, and other historical data, that this definition is a legal fiction. In historical reality, discovery was merely an exclusive and preemptive right that vested in the discovering state the right of first purchase.
Strengthening What Remains, Christine Zuni Cruz
Strengthening What Remains, Christine Zuni Cruz
Faculty Scholarship
This paper is intended to encourage discussion and stimulate action and thought as well as to support the ongoing work in tribal courts in this area. We are involved in an ongoing process of developing an indigenous body of law and system of justice. We must pay particular attention to how we are going about the development of our court systems and look closely at what is developing. Incorporating customary law, whether wholly or partially, into our developing legal systems makes them truly unique to our individual tribes and reflective of the concepts we, as Indian people, have of law …
Indigenous Peoples And International Law Issues, S. James Anaya
Indigenous Peoples And International Law Issues, S. James Anaya
Publications
No abstract provided.
Indian Tribal Rights And The National Forests: The Case Of The Aboriginal Lands Of The Nez Perce Tribe, Charles F. Wilkinson
Indian Tribal Rights And The National Forests: The Case Of The Aboriginal Lands Of The Nez Perce Tribe, Charles F. Wilkinson
Publications
No abstract provided.
Customary International Law, S. James Anaya
Tribal Court Praxis: One Year In The Life Of Twenty Indian Tribal Courts, Nell Jessup Newton
Tribal Court Praxis: One Year In The Life Of Twenty Indian Tribal Courts, Nell Jessup Newton
American Indian Law Review
No abstract provided.
The Off-Reservation Garnishment Of An On-Reservation Debt And Related Issues In The Cross-Boundary Enforcement Of Money Judgements, Robert Laurence
The Off-Reservation Garnishment Of An On-Reservation Debt And Related Issues In The Cross-Boundary Enforcement Of Money Judgements, Robert Laurence
American Indian Law Review
No abstract provided.
Anasazi Jurisprudence, John W. Ragsdale Jr.
Anasazi Jurisprudence, John W. Ragsdale Jr.
American Indian Law Review
No abstract provided.
The Impact Of The Unfunded Mandates Reform Act Of 1995 On Tribal Governments, Eileen M. Luna
The Impact Of The Unfunded Mandates Reform Act Of 1995 On Tribal Governments, Eileen M. Luna
American Indian Law Review
No abstract provided.
The Legality Of The Religious Use Of Peyote By The Native American Church: A Commentary On The Free Exercise, Equal Protection, And Establishment Issues Raised By The Peyote Way Church Of God Case, John Thomas Bannon Jr.
The Legality Of The Religious Use Of Peyote By The Native American Church: A Commentary On The Free Exercise, Equal Protection, And Establishment Issues Raised By The Peyote Way Church Of God Case, John Thomas Bannon Jr.
American Indian Law Review
No abstract provided.
Dependent Independence: Application Of The Nunavut Model To Native Hawaiian Sovereignty And Self-Determination Claims, Jeffrey Wutzke
Dependent Independence: Application Of The Nunavut Model To Native Hawaiian Sovereignty And Self-Determination Claims, Jeffrey Wutzke
American Indian Law Review
No abstract provided.
An Effective Smoke Screen? - The Muscogee (Creek) Nation's Civil Complaint Against Big Time Tobacco And The Battle Of Subject Matter Jurisdiction, Shelly Grunsted
An Effective Smoke Screen? - The Muscogee (Creek) Nation's Civil Complaint Against Big Time Tobacco And The Battle Of Subject Matter Jurisdiction, Shelly Grunsted
American Indian Law Review
No abstract provided.
The Trend Of Supreme Court Decisions In Indian Cases, Louis F. Claiborne
The Trend Of Supreme Court Decisions In Indian Cases, Louis F. Claiborne
American Indian Law Review
No abstract provided.
Indian Law In The United States Supreme Court - Experiences In The 1980s And Predictions For The 1990s, Reid Peyton Chambers
Indian Law In The United States Supreme Court - Experiences In The 1980s And Predictions For The 1990s, Reid Peyton Chambers
American Indian Law Review
No abstract provided.
A Review Of The 1990s And A Look At What's Ahead, Douglas B.L. Endreson
A Review Of The 1990s And A Look At What's Ahead, Douglas B.L. Endreson
American Indian Law Review
No abstract provided.
Plastic Indians, Nazis, And Genocide: A Perspective On America's Treatment Of Indian Nations, David M. Osterfeld
Plastic Indians, Nazis, And Genocide: A Perspective On America's Treatment Of Indian Nations, David M. Osterfeld
American Indian Law Review
No abstract provided.
"The Past Never Vanishes": A Contextual Critique Of The Existing Indian Family Doctrine, Lorie M. Graham
"The Past Never Vanishes": A Contextual Critique Of The Existing Indian Family Doctrine, Lorie M. Graham
American Indian Law Review
I don't know my own culture, . . . I am going to need your help in understanding . . . . Teach me, teach my children. These are the words of a forty-three-year-old Navajo woman on her first visit back to the Navajo Nation since her birth. Stolen as an infant, along with her twin brother, and adopted out on the black market, she was finally reunited with her family and community. Her journey home comes at a time when Native American nations are fighting proposed legislation and court-made rules that seek to limit the reach of the Indian …
State Property Taxation Of Tribal Fee Lands Located Within Reservation Boundaries: Reconsidering County Of Yakima V. Confederated Tribes & Bands Of The Yakima Indian Nation And Leech Lake Band Of Chippewa Indians V. Cass County, Scott A. Taylor
American Indian Law Review
Although once the owners of the North American continent, native peoples and the governments that represent them now own only a small percentage of the land within the current United States. Many tribes are interested in reacquiring lands that once belonged to them. Tribes, as governments and as legal entities, have the power to acquire lands through purchase. When tribes buy lands from private owners, the tax status of the lands becomes an immediate issue. All of the fifty states levy an annual ad valorem real property tax. States, constantly vigilant in protecting their tax revenue, readily attempt to tax …
Cases: South Dakota V. Yankton Sioux Tribe; Kiowa Tribe V. Manufacturing Technologies, Inc.; Alaska V. Native Village Of Venetie Tribal Government; United States V. Santee Sioux Tribe; United States V. Bering Strait School District; State V. Wakole
American Indian Law Review
No abstract provided.
Indian Fishing Rights: Aftermath Of The Fox Decision And The Year 2000, Karen Ferguson
Indian Fishing Rights: Aftermath Of The Fox Decision And The Year 2000, Karen Ferguson
American Indian Law Review
The ongoing Indian fishing rights debate in northern Michigan is intensifying as a 1985 court ordered consent agreement nears its year 2000 expiration date. Many of the local citizenry are concerned that the debate may turn violent as it did in the 1970s. In the 1970s there was fierce competition between Indians and non-Indians over a fish resource that was becoming depleted at an alarming rate. While pollution of the Great Lakes and the presence of non-native parasites were more likely the cause of the depleted stocks, the sport fishermen blamed Indian gill netting for the problem. In recent years, …
The Miner's Canary: Felix S. Cohen's Philosophy Of Indian Rights, Jill E. Martin
The Miner's Canary: Felix S. Cohen's Philosophy Of Indian Rights, Jill E. Martin
American Indian Law Review
No abstract provided.
Winner, Best Appellate Brief In The 1998 Native American Law Student Association Moot Court Competition, Elaine Smith, Angelina Okuda-Jacobs
Winner, Best Appellate Brief In The 1998 Native American Law Student Association Moot Court Competition, Elaine Smith, Angelina Okuda-Jacobs
American Indian Law Review
No abstract provided.