Indigenous, Indian, and Aboriginal Law Commons^™

A Country Within A Country: Redrawing Borders On The Post-Colonial Sovereign State, Suzan Dionne Balz

Michigan Journal of Race and Law

This Essay seeks to identify the conflict that exists between the demands for self-governance by Canada's First Nations and the interests of the Canadian state. The author elucidates this conflict by identifying two major differences between the perspectives of Canada's First Nations' demands for self-governance and the interests of the Canadian state: the privileging of the collective versus the privileging of the individual, and the two very different notions of "territory." The author concludes that the doctrine of sovereign statehood as developed out of European Nationalism stands as an obstacle to the self-determination of non-western peoples such as the First …

After Pocahontas: Indian Women And The Law, 1830 To 1934, Bethany Berger

Faculty Articles and Papers

The story of Pocahontas, simultaneously celebrated and contained, presents the favored path for Native American women in the newer legal culture: absorption into the Euro-American race and ultimate disappearance of the non-European element. The alternative path was reserved for women whose assimilation did not reach this level of absorption and disappearance but retained their allegiance to both the Indian and white society. Federal and state legislatures and courts marginalized such women, denied them the treaty rights accorded their male companions, and denied them stable marriages, rights of descent, and the power within the family that they had had within Indian …

Of Cold Steel And Blueprints: Musings Of An Old Country Lawyer On Crime, Jurisprudence, And The Tribal Attorney's Role In Developing Tribal Sovereignty, G. William Rice

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Tribal Courts And The Federal Judiciary: Opportunities And Challenges For A Constitutional Democracy, Frank Pommersheim

Faculty Publications

No abstract provided.

Aboriginal Lands And Resources: An Assessment Of The Royal Commission's Recommendations, Kent Mcneil

Articles & Book Chapters

The Aboriginal peoples have been living on the land in what is now Canada and deriving their livelihood from its natural resources for thousands of years. Elder Alex Stead, at a public hearing held by the Royal Commission on Aboriginal Peoples (RCAP) in Winnipeg on April 22, 1992, put it this way: "We are so close to the land. This is my body when you see this mother earth, because I live by it. Without that water, we dry up, we die. Without food from the animals, we die, because we got to live on that. That's why I call …

Democracy, Citizenship, And Indian Law Literacy: Some Initial Thoughts, Frank Pommersheim

Faculty Publications

No abstract provided.

Native Cultures In A Rights Empire Ending The Dominion, Leon E. Trakman

Buffalo Law Review

No abstract provided.

Group Agency And Group Rights, James W. Nickel

Articles

No abstract provided.

Aboriginal Rights In Canada In 1996: An Overview Of The Decision Of The Supreme Court Of Canada, Kent Mcneil

Articles & Book Chapters

Measured by judicial decisions, 1996 was by far the most significant year for Aboriginal rights in Canada since 1990, when the Supreme Court of Canada, in R v Sparrow, first examined the effect of recognition and affirmation of Aboriginal and treaty rights in section 35(1) of the Constitution Act 1982. The Sparrow decision acknowledged that section 35(1) provides unextinguished Aboriginal rights with constitutional protection against legislative infringement, unless the infringement can be justified by a strict test, outlined below, which the Supreme Court created. However, that decision did not address the vital question of how Aboriginal rights are …

Aboriginal Nations And The Canadian Nation, Shin Imai

Articles & Book Chapters

In the winter of 1763, Nipissing and Algonquin messengers were dispatched across Indian country. They carried strings of wampum and spread word of an important conference to be held at Niagara Falls. Two thousand chiefs gathered the next summer. There were Mic Mac from the east coast, Cree from the north, Iroquois from Lake Ontario, Lakota from the west—twenty-four nations in all. They were met by William Johnson, Superintendent of Indian Affairs, who presented wampum belts and gifts to negotiate a peace between the British and the First Nations.

What Must Be Done To Achieve The Vision Of The Twenty-First Century Tribal Judiciary, Frank Pommersheim

Faculty Publications

No abstract provided.

One Size Does Not Fit All: The Failure Of Washington's Licensing Standards For Alcohol And Drug Treatment Programs And Facilities To Meet The Needs Of Indians, Kelly S. Croman

Washington Law Review

It is well recognized that culturally and spiritually relevant alcohol and chemical dependency treatment programs are most successful. Washington's licensing standards for such programs and facilities, however, fail to address the cultural and spiritual needs of Indians who they serve. The State's current one-size-fits-all approach offers no hope for improved treatment outcomes for Indians. This Comment demonstrates the inadequacy of Washington's current treatment facility and program licensing standards and examines the high costs of maintaining these standards. The Comment concludes with a proposal for specific legislation for the State of Washington.

[Introduction To] American Indian Sovereignty And The U.S. Supreme Court: The Masking Of Justice, David E. Wilkins

Bookshelf

"Like the miner's canary, the Indian marks the shift from fresh air to poison gas in our political atmosphere and our treatment of Indians, even more than our treatment of other minorities, reflects the rise and fall in our democratic faith, wrote Felix S. Cohen, an early expert in Indian legal affairs.

In this book, David Wilkins charts the "fall in our democratic faith" through fifteen landmark cases in which the Supreme Court significantly curtailed Indian rights. He offers compelling evidence that Supreme Court justices selectively used precedents and facts, both historical and contemporary, to arrive at decisions that have …

Recent Developments, Kevin Washburn

Faculty Scholarship

Summary of cases in the areas of environmental law, taxation of natural resources, and water rights cases involving Native American tribes.

Colorado River Governance: Sharing Federal Authority As An Incentive To Create A New Institution, David H. Getches

Publications

No abstract provided.

Land Grants In A Nutshell, Malcolm Ebright

Law of the Rio Grande

No abstract provided.

The Curious Case Of Disappearing Federal Jurisdiction Over Federal Enforcement Of Federal Law: A Vehicle For Reassessment Of The Tribal Exhaustion/Abstention Doctrine, Blake Watson

School of Law Faculty Publications

This article describes the tribal exhaustion/abstention doctrine set forth in National Farmers Union Ins. Companies v. Crow Tribe, 471 U.S. 845 (1985) and Iowa Mutual Ins. Co. v. LaPlante, 480 U.S. 9 (1987).

Seminole Tribe Of Florida V. Florida: Has The Seminole Tribe Gambled With Citizens' Rights To Sue Their State Under Cercla, Gregory J. Hauck

Villanova Environmental Law Journal (1991 - )

No abstract provided.

"With The Greatest Respect And Fidelity:" A Cherokee Vision Of The "Trust" Doctrine, David E. Wilkins

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

The trust relationship is the conceptual/philosophical framework against which all relations between the federal government and indigenous groups are conducted. Yet despite the centrality of this concept, federal policymakers have no consistent or agreed upon definition of what the trust relationship actually entails. And, more importantly, indigenous conceptions of trust have rarely been assessed. This article analyzes and advances one tribe's—the Cherokee—perspective on trust. In focusing on how the Cherokee perceive trust, this section emphasizes that from an indigenous viewpoint the trust relationship embodies a complex and sophisticated understanding that both the tribe and the United States have reciprocal responsibilities …

Convoluted Essence: Indian Rights And The Federal Trust Doctrine, David E. Wilkins

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

In recent years there has been growing resentment from what one might term, for lack of a better phrase, the "anti-trust" segment. These commentators have offered a host of arguments to support their position: the trust doctrine has been and is still used primarily to "give moral color to depredations of tribes;" it is "an assertion of unrestrained political power over Indians, power that may be exercised without Indian consent and without substantial legal restraint;" and it is really a "metaphor for federal control of Indian affairs without signifying any enforceable rights of the tribal `beneficiaries.'" Yet others suggest that …

Adjudication In Indian Country: The Confusing Parameters Of State, Federal, And Tribal Jurisdiction, Laurie Reynolds

William & Mary Law Review

No abstract provided.

On Justifying Special Ethnic Group Rights: Comments On Pogge, S. James Anaya

Publications

No abstract provided.

Brief Of Lone Wolf, Principal Chief Of The Kiowas, To The Supreme Court Of The American Indian Nations, S. James Anaya

Publications

No abstract provided.

Dedication To Professor Ralph W. Johnson, David H. Getches

Publications

No abstract provided.

The Role Of Bilateralism In Fulfilling The Federal-Tribal Relationship: The Tribal Rights-Endangered Species Secretarial Order, Charles Wilkinson

Publications

No abstract provided.

After Pocahontas: Indian Women And The Law, 1830 To 1934, Bethany Ruth Berger

American Indian Law Review

No abstract provided.

Validity Of A State Court's Exercise Of Concurrent Jurisdiction Over Civil Actions Arising In Indian Country: Application Of The Indian Abstention Doctrine In State Court, John J. Harte

American Indian Law Review

No abstract provided.

Nuclear Incidents On Indian Reservations: Who Has Jurisdiction? Tribal Court Exhaustion Versus The Price-Anderson Act, James W. Kuntz

American Indian Law Review

No abstract provided.

"Not In My Backyard!" Protecting Archaeological Sites On Private Lands, Pamela D'Innocenzo

American Indian Law Review

No abstract provided.

A Matter Of Trust: The Elimination Of Federally Funded Legal Services On The Navajo Nation, Katherine J. Wise

American Indian Law Review

No abstract provided.