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Articles 3991 - 4020 of 13878
Full-Text Articles in Indigenous, Indian, and Aboriginal Law
Recognizing And Enforcing State And Tribal Judgments: A Round Table Discussion Of Law, Policy And Practice, Christine Zuni Cruz, Mario E. Occhialino Jr., Philip Sam Deloria, Richard E. Ranson Honorable, Robert N. Clinton, Robert Laurence, Nell Jessup Newton
Recognizing And Enforcing State And Tribal Judgments: A Round Table Discussion Of Law, Policy And Practice, Christine Zuni Cruz, Mario E. Occhialino Jr., Philip Sam Deloria, Richard E. Ranson Honorable, Robert N. Clinton, Robert Laurence, Nell Jessup Newton
Faculty Scholarship
Let me begin with a word of introduction. For a long time, we at the American Indian Law Center have been interested in and concerned about the growth and strengthening of tribal governmental institutions. Tribal sovereignty is often talked about in the abstract, but people are somewhat reluctant to deal with the practical issues that are involved when sovereignty is actually exercised: the give and take that governments do all the time in their relationships with each other. We tried to take the leadership a number of years ago in looking at some of the practical issues involved in the …
American Indian Law And History: Instructional Mirrors, Gloria Valencia-Weber
American Indian Law And History: Instructional Mirrors, Gloria Valencia-Weber
Faculty Scholarship
This article is an expanison of a presentation delivered on January 8, 1993 at the Association of American Law Schools annual meeting. The author presents her interdisciplinary approach to teaching a course on Native American Rights.
Chiapas Delegation Concludes Historical Repression Of Indigenous People Must Be Addressed, Sharon Healey
Chiapas Delegation Concludes Historical Repression Of Indigenous People Must Be Addressed, Sharon Healey
Human Rights Brief
No abstract provided.
Power And Presumptions; Rules And Rhetoric; Institutions And Indian Law, Deborah A. Geier
Power And Presumptions; Rules And Rhetoric; Institutions And Indian Law, Deborah A. Geier
Law Faculty Articles and Essays
This 1994 article explores how unspoken, underlying presumptions shifted in Supreme Court jurisprudence regarding the analysis of tribal sovereignty.
Shawanaga Bound: The Ontario Court Of Appeal Decides Hopton V Pamajewon, Janet Walker
Shawanaga Bound: The Ontario Court Of Appeal Decides Hopton V Pamajewon, Janet Walker
Articles & Book Chapters
No abstract provided.
When History Outweighs Law: Extinguishment Of Abenaki Aboriginal Title, John P. Lowndes
When History Outweighs Law: Extinguishment Of Abenaki Aboriginal Title, John P. Lowndes
Buffalo Law Review
No abstract provided.
A Symposium On Tribal Courts: Introduction, Frank Pommersheim
A Symposium On Tribal Courts: Introduction, Frank Pommersheim
Faculty Publications
No abstract provided.
A Choice For K'Aila: Child Protection And First Nations Children, Jocelyn Downie
A Choice For K'Aila: Child Protection And First Nations Children, Jocelyn Downie
Articles, Book Chapters, & Popular Press
K'aila's story raises serious questions about child protection and First Nations children. Was it appropriate that a non-First Nations social services agency made the initial assessment of whether K'aila was in need of protection, that a non-First Nations court had the power to decide whether K'aila was in need of protection, and that Francois and Leslie's decision was held to a non-First Nations standard of care? Was K'aila well-served by the child welfare system?
The Cloaking Of Justice: The Supreme Court's Role In The Application Of Western Law To America's Indigenous Peoples, David E. Wilkins
The Cloaking Of Justice: The Supreme Court's Role In The Application Of Western Law To America's Indigenous Peoples, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
The debate over which legal Indigenous Peoples should govern Native American political power and property rights, or even whether they should be protected by law at all, caused conflicts challenging the autonomy of the legal system and led to changes of the original principles of Indian rights. The outcome of that conflict raises two questions of federal Indian law. One is where its principles contributed to the survival of Native Americans in the United States; the other is whether the same legal principles are responsible for the perpetual inferiority of Natives Americans in their own land. More starkly, the question …
Reconsidering The Tribal-State Compact Process, David E. Wilkins
Reconsidering The Tribal-State Compact Process, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
This essay evaluates the tribal‐state compact process, as one of several alternative, nonadversarial processes, warranting attention. It argues that, because of its binding character and relatively low cost (in contrast to litigation), and because it is based in the idea of tribes and states exhibiting mutual respect, the compact process is an advanced version of negotiation and bargaining that tribes and states should consider where appropriate.
The U.S. Supreme Court's Explication Of "Federal Plenary Power": An Analysis Of Case Law Affecting Tribal Sovereignty, 1886-1914, David E. Wilkins
The U.S. Supreme Court's Explication Of "Federal Plenary Power": An Analysis Of Case Law Affecting Tribal Sovereignty, 1886-1914, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
The concept of tribal sovereignty frequently conflicts with that of congressional plenary power, depending on the definition and basis of plenary power. Analysis of 107 federal court cases between 1886 and 1914 suggests that when plenary power is seen in terms of preemption and exclusivity, it may help to protect tribal sovereignty from private or state incursions. However, if plenary power is defined as absolute and unlimited, tribal rights are not constitutionally protected against federal actions. Although tribes are properly regarded as extra-constitutional entities, they are often treated as inferior in relation to Congress by the courts.
Intra-Tribal Confrontations: What Is To Be Done?, David E. Wilkins
Intra-Tribal Confrontations: What Is To Be Done?, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
Racial, ethnic, and religious wars and conflicts have plagued humanity since the primordial past. But since the thawing of the Cold War, there has literally been an explosion of devastating conflicts that seem far more complex than those which erupted in earlier eras. These are also potentially more threatening to international peace because of their breadth, scope, and probable duration.
These and the multitude of other ethnic, racial, and religious conflicts around the world are far more brutal and ruinous than anything most indigenous people have experienced since the federal government's aberrant and fortunately short-lived policy of Termination and Relocation, …
The Native Hawaiian People And International Human Rights Law: Toward A Remedy For Past And Continuing Wrongs, S. James Anaya
The Native Hawaiian People And International Human Rights Law: Toward A Remedy For Past And Continuing Wrongs, S. James Anaya
Publications
No abstract provided.
Monitored Retrievable Storage Of Spent Nuclear Fuel In Indian Country: Liability, Sovereignty, And Socioeconomics, Jon D. Erickson, Duane Chapman, Ronald E. Johnny
Monitored Retrievable Storage Of Spent Nuclear Fuel In Indian Country: Liability, Sovereignty, And Socioeconomics, Jon D. Erickson, Duane Chapman, Ronald E. Johnny
American Indian Law Review
No abstract provided.
More Effective Protection For Native American Cultural Property Through Regulation Of Export, Antonia M. De Meo
More Effective Protection For Native American Cultural Property Through Regulation Of Export, Antonia M. De Meo
American Indian Law Review
No abstract provided.
Tribal Solutions To On-Reservation Environmental Offenses: Jurisdictional Parameters, Cultural Considerations, And Recommendations, Jennifer Smith Haner
Tribal Solutions To On-Reservation Environmental Offenses: Jurisdictional Parameters, Cultural Considerations, And Recommendations, Jennifer Smith Haner
American Indian Law Review
No abstract provided.
American Indian Sacred Sites On Federal Public Lands: Resolving Conflicts Between Religious Use And Multiple Use At El Malpais National Monument, Ann M. Hooker
American Indian Law Review
No abstract provided.
Johnson V. M'Intosh Revisited: Through The Eyes Of Mitchel V. United States, David E. Wilkins
Johnson V. M'Intosh Revisited: Through The Eyes Of Mitchel V. United States, David E. Wilkins
American Indian Law Review
No abstract provided.
The Catawbas' Final Battle: A Bittersweet Victory, Lynn Loftis
The Catawbas' Final Battle: A Bittersweet Victory, Lynn Loftis
American Indian Law Review
No abstract provided.
Alabama & Coushatta Tribes V. Big Sandy School District: The Right Of Native American Public School Students To Wear Long Hair, Timothy S. Zahniser
Alabama & Coushatta Tribes V. Big Sandy School District: The Right Of Native American Public School Students To Wear Long Hair, Timothy S. Zahniser
American Indian Law Review
No abstract provided.
A Reflective Look At The Year For The World's Indigenous People, Chad Smith
A Reflective Look At The Year For The World's Indigenous People, Chad Smith
American Indian Law Review
No abstract provided.
Winner, Best Appellate Brief In The 1994 Native American Law Student Association Moot Court Competition, Andrew J. Bobzien, John H. Martin
Winner, Best Appellate Brief In The 1994 Native American Law Student Association Moot Court Competition, Andrew J. Bobzien, John H. Martin
American Indian Law Review
No abstract provided.
The Indian Child Welfare Act Of 1978: Protecting Tribal Interests In A Land Of Individual Rights, Jill E. Adams
The Indian Child Welfare Act Of 1978: Protecting Tribal Interests In A Land Of Individual Rights, Jill E. Adams
American Indian Law Review
No abstract provided.
Implicit Divestiture Of Tribal Powers: Locating Legitimate Sources Of Authority In Indian Country, N. Bruce Duthu
Implicit Divestiture Of Tribal Powers: Locating Legitimate Sources Of Authority In Indian Country, N. Bruce Duthu
American Indian Law Review
No abstract provided.
Indian Reserved Water Rights Doctrine And The Groundwater Question, Eric F. Spade
Indian Reserved Water Rights Doctrine And The Groundwater Question, Eric F. Spade
American Indian Law Review
No abstract provided.
A Return To Uncertainty In Indian Affairs: The Framers, The Supreme Court, And The Indian Commerce Clause, Timothy Joseph Preso
A Return To Uncertainty In Indian Affairs: The Framers, The Supreme Court, And The Indian Commerce Clause, Timothy Joseph Preso
American Indian Law Review
No abstract provided.
Constructive Race: The Interaction Of Personal, Social, And Legal Identity In An American Indian Experience With Title Vii: Perkins V. Lake County Department Of Utilities, Johanna G. Flacks-Jatta
Constructive Race: The Interaction Of Personal, Social, And Legal Identity In An American Indian Experience With Title Vii: Perkins V. Lake County Department Of Utilities, Johanna G. Flacks-Jatta
American Indian Law Review
No abstract provided.
Twentieth Century Cherokee Property Claims: A Study Based On The Case Files Of Earl Boyd Pierce, Richard S. Crump
Twentieth Century Cherokee Property Claims: A Study Based On The Case Files Of Earl Boyd Pierce, Richard S. Crump
American Indian Law Review
No abstract provided.