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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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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.


Federal Recent Developments Jan 1994

Federal Recent Developments

American Indian Law Review

No abstract provided.


A Reflective Look At The Year For The World's Indigenous People, Chad Smith Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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.


Federal Recent Developments Jan 1994

Federal Recent Developments

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 Jan 1994

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.