Indigenous, Indian, and Aboriginal Law Commons^™

The Awas Tingni Petition To The Inter-American Commission On Human Rights: Indigenous Lands, Loggers, And Government Neglect In Nicaragua, S. James Anaya

Publications

No abstract provided.

The Dominant Society's Judicial Reluctance To Allow Tribal Civil Law To Apply To Non-Indians: Reservation Diminishment, Modern Demography And The Indian Civil Rights Act, Robert Laurence

University of Richmond Law Review

Begin at the beginning: there was a time, not so long ago as such things are reckoned-say, about half as long as there has been a country called Hungary-during which only American Indians lived in and around what is now the Commonwealth of Virginia. A time when Europeans, Africans and Asians were entirely occupied with managing the affairs of Europe, Africa and Asia, to mixed effect. A time when the subject of this article was entirely theoretical; when the question of applying tribal law to non-Indians was answered neither "yes" or "no" but simply did not arise, putting aside the …

Review Essay: “Indians Are Us?: Culture And Genocide In Native North America" By Me Monroe, John P. Lavelle

Faculty Scholarship

Indians Are Us? is a collection of commentaries on American Indian political and social affairs, written in the truculent tone that readers have come to expect from writer Ward Churchill. Like its predecessors, Fantasies of the Master Race and Struggle far the Land, this latest Churchill project consists largely of polemical pieces hastily compiled from obscure leftist publications.

Conflicts And Dependant Sovereigns: Incorporating Indian Tribes Into A Conflicts Course, Wendy Collins Perdue

Law Faculty Publications

Professor Perdue describes her use of materials on Indian Tribes at the end of her Conflict of Laws course as a vehicle for examining the interrelations among choice of law, Jurisdiction, and recognition of judgments. Her goal is not to make students experts in Indian law, but rather to get students to reexamine assumptions about the nature of sovereignty and the role of choice of law, jurisdiction, and recognition of judgments as devices for recognizing and allocating governmental authority

Henry Berry Lowry: Champion Of The Dispossessed, David E. Wilkins

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

The nineteenth century stands apart in the minds of indigenous peoples as a period of extreme hardship. Tribes in the first half of this era, were initially victimized by the enactment of devastating "segregation" measures (i.e. the Indian Removal policy and later the Reservation policy). Later in the century, when it was clear that segregation was an insufficient response to intercultural relations, the federal government shifted its powerful attention to a series of overtly ethnocidal "civilization," or better termed, "Americanization" measures. Broadly stated, such measures entailed the cultural assimilation, the spiritual assimilation, and the physical assimilation of indigenous lands and …

Indian Religious Freedom: Recognized/Denied, David E. Wilkins

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

Clinton's sacred site executive order applies to all "federal lands" and to all "recognized" Indian tribes. A "sacred site" is defined as "any specific, discrete, narrowly delineated location of Federal land that is identified by an Indian tribe, or Indian individual... as sacred by virtue of its established religious significance to, or ceremonial use by, an Indian religion; provided that the tribe or appropriately authoritative representative of an Indian religion has informed the agency of the existence of such a site."

The issue that seemed most troublesome from William Downes' legal perspective, besides the alleged Establishment clause violation, was that …

Changing The River’S Course: Western Water Policy Reform, David H. Getches

Publications

Throughout the history of the West, water law and policy have had a profound influence on the environment of the region. Power production, agricultural irrigation, and economic expansion of the Columbia River Basin have depended upon the institutions of water policy, including the prior appropriation doctrine and major water development in the form of large dams and diversions. This has rendered the river incapable of sustaining the rich salmon populations that once were the mainstay of Northwest Indian culture and supported a major fishing industry. Professor Getches concludes that traditional instruments of water policy in the West--the beneficial use requirement …

The Public Lands And The National Heritage, Charles F. Wilkinson

Publications

No abstract provided.

A "Civil" Method Of Law Enforcement On The Reservation: In Rem Forfeiture And Indian Law, Henry S. Noyes

American Indian Law Review

No abstract provided.

Learning How To Heal: An Analysis Of The History, Policy, And Framework Of Indian Health Care, Betty Pfefferbaum, Rennard J. Strickland, Everett R. Rhoades, Rose L. Pfefferbaum

American Indian Law Review

No abstract provided.

The Return Of The White Buffalo: Taxation Issues Facing American Indian Tribes Conducting Gambling Enterprises On Tribal Lands, Jose J. Monsivais

American Indian Law Review

No abstract provided.

Protecting Tribal Sovereignty: Why States Should Not Be Able To Tax Contractors Hired By The Bia To Construct Reservation Projects For Tribes: Blaze Construction Co. V. New Mexico Taxation And Revenue Department: A Case Study, Richard J. Ansson Jr.

American Indian Law Review

No abstract provided.

Federal Recent Developments

American Indian Law Review

No abstract provided.

Railroads Across Tribal Lands, Carye Cole Chapman

American Indian Law Review

No abstract provided.

Address: Justice In Indian Country, Kalyn Cherie Free

American Indian Law Review

No abstract provided.

The Sense Of Justice And The Justice Of Sense: Native Hawaiian Sovereignty And The Second "Trial Of The Century", William H. Rodgers, Jr.

Articles

My approach in this Essay is to look at the Native Hawaiian Sovereignty conflict through a lens suggested by evolutionary theory, sometimes described in the law schools as "Law and Biology." In this world, the sense of justice is a set of expectations about how others should behave, backed by a proclivity towards moralistic aggression against deviators.

The sense of justice entails both cognition and emotion, with a match of expectations and then the fit that follows if there is no fit.

Compare and despair is the name of the game. Explored in detail are the actions of Dennis "Bumpy" …

The Sovereign Immunity Exception Comment, Henry Paul Monaghan

Faculty Scholarship

Seminole Tribe v. Florida is the 1995 Term's illustration of the importance that a narrow, but solid, five-Justice majority of the Supreme Court attaches to the constitutional underpinnings of "Our Federalism." In Seminole Tribe, this majority declared that Congress lacks authority under its Article I, Section 8 regulatory powers to subject unconsenting states to suits initiated in federal court by private persons. The very same majority had previously made clear its intention to implement the original constitutional understanding of a national government of limited powers, especially when the national government attempted to "commandeer" state legislative and administrative processes. This …

Once More Into The Maze: United States V. Lopez, Tribal Self-Determination, And Federal Conspiracy Jurisdiction In Indian Country, Richard W. Garnett

Journal Articles

From the Introduction

This Article may not tie up this loose end to everyone's satisfaction, but it should contribute to a better understanding of federal criminal jurisdiction in Indian Country, through detailed examination of the relevant caselaw, animated by reflection on first principles. Part II lays out a few, very general, "big ideas" concerning the crucial connection between jurisdiction - especially criminal jurisdiction - and community self-determination. Part III provides specific background, and introduces the complicated rubric of federal criminal jurisdiction in general, and of jurisdiction in Indian Country in particular. Part IV examines the possible bases, or "hooks," for …

The Organic Constitution: Aboriginal Peoples And The Evolution Of Canada, Brian Slattery

Osgoode Hall Law Journal

Despite recent advances in the law of aboriginal rights, most Canadian lawyers still tacitly view the Constitution as the outgrowth of European legal traditions, transplanted into North America. This article identifies the main features of this model of the Constitution and proposes a more appropriate model to replace it, one that recognizes the Constitution's deep roots in Canadian history and traditions, and acknowledges the distinctive contributions of Aboriginal peoples and their long-standing relations with the Crown.

Science, Sovereignty, And The Sacred Text: Paleontological Resources And Native American Rights, Allison M. Dussias

Maryland Law Review

No abstract provided.

Aboriginal Governments And The Canadian Charter Of Rights And Freedoms, Kent Mcneil

Osgoode Hall Law Journal

Starting with the premise that the Aboriginal peoples of Canada have an inherent right of self-government which is constitutionally protected, this article analyzes the issue of whether Aboriginal governments exercising that right are subject to the Canadian Charter of Rights and Freedoms. This issue is examined from a legal perspective based on textual analysis and common law principles. It is concluded that, as a matter of Canadian constitutional law, with the exception of the section 28 gender equality provision, the Charter does not apply to Aboriginal governments. This avoids imposition of the Charter generally on these governments by judicial decree, …

Book Review. Lone Wolf V. Hitchcock By Blue Clark, David C. Williams

Articles by Maurer Faculty

No abstract provided.

Sollars V. Mattson And Montana Dept. Of Hwys, [Omitted], (Blkft. Tr. Ct. App., Dec. 20, 1995), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court affirmed a lower Court ruling of an interlocutory appeal after the Blackfeet Trial Court determined that the Tribal Court has jurisdiction over the State of Montana. The State asserted sovereign immunity as a barrier from suit by the Tribe but that argument was rebuffed by the Court via Gilham et al. v. State of Montana, et al., 90-AP-23 (Blkft. Tr. Ct. App., Nov. 22, 1994).

Energy And Water Development Appropriations Act Of 1996, Title V, General Provisions, Sec 507, United States 104th Congress

Native American Water Rights Settlement Project

Federal Legislation: Energy and Water Development Appropriations Act of 1996, General Provisions (Nov. 13, 1995) (PL 104-46, Title V, § 507, 109 Stat. 402, 419 )The DOI Secretary is to proceed with construction of facilities in conformance with the Oct. 25, 1991 final Biological Opinion for the Animas-La Plata Project, Colorado and New Mexico. [Source: http://www.gpo.gov/fdsys/pkg/PLAW-104publ46/pdf/PLAW-104publ46.pdf]

Environmental Regulation Of Oil And Gas Development On Tribal Lands: Who Has The Authority?, Richard B. Collins, Tom Shipps, Marla Williams, University Of Colorado Boulder. Natural Resources Law Center

Environmental Regulation of Oil and Gas Development on Tribal Lands: Who Has the Authority? (November 1)

14 pages.

Collection of 3 papers presented at the Hot Topics in Natural Resources Law program held on Nov. 1, 1995.

Includes bibliographical references.

Contents:

Environmental regulation of oil and gas development on tribal lands : who has authority? / Richard Collins -- Environmental regulation of energy resource development on Indian reservation land / Tom Shipps -- Colorado Oil and Gas [Conservation] Commission jurisdiction over environmental matters on Indian lands / Marla Williams

Jurisdiction to regulate the environmental impacts of oil and gas development on the reservation has been contested by tribes, the state, private land owners and federal agencies. …

Appellants' Reply Brief - United States V. Washington, Docket Nos. 95-35442, 95-35446 (86 F.3d 1499 (9th Cir. 1996))

United States v. Washington, Docket Nos. 95-35442, 95-35446 (86 F.3d 1499 (9th Cir. 1996))

No abstract provided.

Brief Of Appellee-Plantiff Tribes - United States V. Washington, Docket Nos. 95-35442, 95-35446 (86 F.3d 1499 (9th Cir. 1996))

United States v. Washington, Docket Nos. 95-35442, 95-35446 (86 F.3d 1499 (9th Cir. 1996))

No abstract provided.

Resource Law Notes Newsletter, No. 35, Fall Issue, Sept. 1995, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.

Female Genital Excision And The Implications Of Federal Prohibition, Blake M. Guy

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Mikmaw Tenure In Atlantic Canada, James [Sákéj] Youngblood Henderson

Dalhousie Law Journal

The Supreme Court of Canada has characterized aboriginal title to land as a sui generis legal interest. This essay describes the sui generis interest of Mikmaw tenure in Atlantic Canada from a Mikmaq linguistic perspective. The author argues the prerogative treaties and legislation of the eighteenth century suggest it is a reserved and protected tenure, which in Eurocentric law might be reconceptualized as allodial tenure.