Indigenous, Indian, and Aboriginal Law Commons^™

Overview Of The Indian Child Welfare Act, Michael C. Snyder

St. Thomas Law Review

This article provides an overview of these basic Indian Child Welfare Act (ICWA) requirements and judicial interpretations of these requirements. It also includes references to the Federal Guidelines for State Courts. These Guidelines do not have the binding legislative effect of federal regulations, but are helpful in interpreting the ICWA.

American Indian Tribes And 401(K) Plans, Erik M. Jensen

Faculty Publications

No abstract provided.

Tribal Water Quality Standards Under The Clean Water Act: Protecting Traditional Cultural Uses, William C. Galloway

Washington Law Review

Since 1987, the Clean Water Act has allowed Indian tribes to be treated as states for various purposes under the Act. Among the regulatory powers of states under the Clean Water Act is the ability to set water quality standards, subject to approval by the Environmental Protection Agency (EPA). Upstream pollution dischargers must comply with a downstream state's water quality standards once it is established that an upstream discharge demonstrably impacts downstream water quality. The power to set water quality standards represents a new and potentially powerful tool to protect traditional uses and enhance reservation environments, but only if tribes …

Canada's Fiduciary Obligation To Aboriginal Peoples In The Context Of Accession To Sovereignty By Quebec, Volume 2: Domestic Dimensions, Renée Dupuis, Kent Mcneil

Books

The Royal Commission on Aboriginal Peoples was established on 26 August 1991 by Order in Council P.C. 1991-1597 with the following mandate: "The Commission of Inquiry should investigate the evolution of the relationship among aboriginal peoples (Indian, Inuit and Métis), the Canadian government, and Canadian society as a whole. It should propose specific solutions, rooted in domestic and international experience, to the problems which have plagued those relationships and which confront aboriginal peoples today. The Commission should examine all issues which it deems to be relevant to any or all of the aboriginal peoples of Canada..." (P.C. 1991-1597)

Regional Agreements For Indigenous Lands And Cultures In Canada, Benjamin J. Richardson, D. Craig, Ben Boer

Commissioned Reports, Studies and Public Policy Documents

No abstract provided.

Private Dollars On The Reservation: Will Recent Native American Economic Development Amount To Cultural Assimilation?, Karin M. Mika, Bonnie Hurst

Law Faculty Articles and Essays

This article exams commercial enterprises and its gaining popularity among Native American tribes. The cooperative economic ventures that are not considered indigenous to Native American culture may yield the unintended yet inevitable result of assimilating Native Americans into mainstream American society. In an ironic twist, the resulting assimilation has, in many respects, fulfilled the misguided aspirations of the earliest European colonists.

Modern Tribal Government: Social And Economic Realities And Opportunities, Ross O. Swimmer

St. Thomas Law Review

No abstract provided.

Tribal Courts: Providers Of Justice And Protectors Of Sovereignty, Frank Pommersheim

Faculty Publications

No abstract provided.

Exhibits To Motion To Intervene And Memorandum Of Law In Support, United States District Court District Of Columbia

Sandia Pueblo Mountain Claim

No abstract provided.

Dispute Resolution In Indian Country: Does Abstention Make The Heart Grow Fonder? (Panel Discussion), Frank Pommersheim

Faculty Publications

No abstract provided.

Diminishment Of Indian Reservations: Legislative Or Judicial Fiat?, (Panel Discussion), Frank Pommersheim

Faculty Publications

No abstract provided.

Easements By Necessity: A Threshold For Inholder Access Rights Under The Alaska National Interest Lands Conservation Act, Galen G.B. Schuler

Washington Law Review

Nineteenth Century federal land grants created a legacy of private lands surrounded by federal land in the American West. Owners of such lands (inholders) were routinely granted access across federal land by implicit common law rights until the 1960s when federal land policy became more restrictive. In 1981, the Ninth Circuit held that the Alaska National Interest Lands Conservation Act (ANILCA) provided a statutory entitlement for inholder access. Since then, the Ninth Circuit also has held that ANILCA preempts any common law access rights. This Comment argues that the common law doctrine of easements by necessity remains a threshold basis …

Domestic Violence And Tribal Protection Of Indigenous Women In The United States, Christine Zuni Cruz, Gloria Valencia-Weber

Faculty Scholarship

The purpose of this article is to discuss openly the issue of the physical abuse of American Indian women in a manner that reflects the authors' knowledge of how American Indian people live. This article confronts presumptions or pre-existing notions about the indigenous people of the United States that pervade popular culture. Initially, this article will examine the sovereign nature of the tribal nations within the parameters of both international law and United States jurisprudence. This article will also address the way in which some international instruments relate to the rights and protection of indigenous people, including specific provisions for …

"Constructing" Nation Within States: The Quest For Federal Recognition By The Catawba And Lumbee Tribes, Anne Merline Mcculloch, David E. Wilkins

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

Creating and in some cases re-creating viable tribal political communities within the construct of modern nation-state has proven to be a troublesome task for indigenous populations worldwide. The task for indigenous governments in the United States has been further complication by federalism's divisions of power between the states and the national government. Native American tribes often find themselves waging a two-front battle in which they must resist state encroachments over their lands and their inherent government authority; while at the same time they must lobby the federal government for protection of those same lands and powers.

History is replete with …

The "De-Selected" Senate Committee On Indian Affairs And Its Legislative Record, 1977-1992, David E. Wilkins

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

This essay has three major sections. In section one, I examine the Congress's constitutional responsibility for administration of the federal government's affairs with tribes. In section two, I describe the history of the various Indian committees from 1820 to 1977. Section three details the legislative record of the Senate Select Committee during its sixteen-year existence (1977-1993) as a "select" entity. Substantive policy content analysis of the committee's legislative activity, which is the next logical step leading to the construction of a theory or theories about congressional committees and their impact on the development of sound federal Indian policy, must await …

Tribal-State Affairs: The Next Proving Ground?, David E. Wilkins

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

While these more profound issues of structure and perception beg for solution, a more immediate problem has arisen with the advent of Republican dominance in the Congress. One of the likely outgrowths of this transference of political power is that Congress, along with the Supreme Court, which has been doing it for some time, may funnel more issues to the States and their subsidiary governments for resolution or administration. Such a transfer does not bode well for tribes. Remember the allotment of Indian lands (1880s-1930s) and the Termination of tribes (1950s-1960s)? Those policies essentially made tribes and their citizens subject …

A Great Loneliness Of Spirit, Charles F. Wilkinson

Publications

No abstract provided.

American Indian Law Review: Purposes And Goals Revisited, Robert A. Fairbanks

American Indian Law Review

No abstract provided.

Law School Training Of American Indians As Legal-Warriors, Gloria Valencia-Weber

American Indian Law Review

No abstract provided.

Eliminating Indian Stereotypes From American Society: Causes And Legal And Societal Solutions, Kim Chandler Johnson, John Terrence Eck

American Indian Law Review

No abstract provided.

Intellectual Property Rights And Native American Tribes, Richard A. Guest

American Indian Law Review

No abstract provided.

Native American Sovereignty And Treaty Rights: Are They Historical Illusions?, Robert A. Fairbanks

American Indian Law Review

No abstract provided.

The Flathead Water Quality Standards Dispute: Legal Bases For Tribal Regulatory Authority Over Non-Indian Reservation Lands, Daniel I.S.J. Rey-Bear

American Indian Law Review

No abstract provided.

Demanding A Voice In Our Own Best Interest: A Call For A Delegate Of The Cherokee Nation To The United States House Of Representatives, Jack Blair

American Indian Law Review

No abstract provided.

Federal Recent Developments

American Indian Law Review

No abstract provided.

Defending The Despised: William Moses Kunstler, Randall Coyne

American Indian Law Review

No abstract provided.

Remarks On The Leonard Peltier Case, William M. Kunstler

American Indian Law Review

No abstract provided.

Winner, Best Appellate Brief In The 1995 Native American Law Student Association Moot Court Competition, Daniel L. Cheyette, Andrew J. Bobzien

American Indian Law Review

No abstract provided.

Address To The Ninth Annual Coming Together Of The Peoples Conference Of The Indigenous Students Association: Where Should Lawyers Be When The People Come Together?, Robert Yazzie Hon.

American Indian Law Review

No abstract provided.

Chief Justice Rehnquist And The Indian Cases, Ralph W. Johnson, Berrie Martinis

Articles

Since his appointment to the United States Supreme Court, Chief Justice William H. Rehnquist has guided significant changes m Indian law He has articulated new tests for determining the status of tribes and their powers as sovereign nations. He has voted to disestablish tribes and limit their sovereign powers. He has voted to allow states to exercise jurisdiction over Indian and non-Indian activities and property on reservations.

The articulation of a legal philosophy is generally accepted, expected, and probably necessary for a Supreme Court Justice. At the same time it is instructive to know the views of the members of …