Indigenous, Indian, and Aboriginal Law Commons^™

The Igra And The Eleventh Amendment: Indian Tribes Are Gambling When They Try To Sue A State, 27 J. Marshall L. Rev. 193 (1993), Peter T. Glimco

UIC Law Review

No abstract provided.

Employment Suits Against Indian Tribes: Balancing Sovereign Rights And Civil Rights, Vicki Limas

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Surface And Depth: Some Methodological Problems With Bringing Native American Centered Histories To Light, Jo Carrillo

Faculty Scholarship

No abstract provided.

The Challenge Of Indigenous Self-Determination, Russel Lawrence Barsh

University of Michigan Journal of Law Reform

The Earth Summit at Rio was the first global negotiation in which indigenous peoples participated directly. They did so with the aim of advocating land rights and greater self-determination in the fields of natural-resource management and development. They justified these claims by arguing that indigenous peoples are superior stewards of the land and that strengthening indigenous peoples' traditional economies would contribute to solving global ecological and economic problems. This approach succeeded all too well. Jaded diplomats and environmental ministers seized on the hopeful possibility that indigenous economics actually might work better than discredited socialism and overextended capitalism, and they invited …

State's Rights, Tribal Sovereignty, And The "White Man's Firewater": State Prohibition Of Gambling On New Indian Lands, Leah L. Lorber

Indiana Law Journal

No abstract provided.

Civil Liberties Constraints On Tribal Sovereignty After The Indian Civil Rights Act Of 1968, Robert Berry

Librarian Publications

The Indian Civil Rights Act of 1968 provided a legislative answer to the question of whether, and to what extent, fundamental civil liberties recognized in constitutional law should constrain federally recognized Indian Tribes in the exercise of their sovereign powers. In enacting this law, Congress weighed its desire to protect individuals from arbitrary and overly intrusive tribal actions against the tribes' interest in retaining their legal capacity to act as self-governing entities. Congress struck the balance between these two competing interests by drafting a bill of rights that reflected the particular circumstances of the tribes. The possibility of an appeal …

The Repeal Of Article 8: Law, Government, And Cultural Politics At Akwesasne, William A. Starna

American Indian Law Review

No abstract provided.

Federal Recent Developments

American Indian Law Review

No abstract provided.

Envisaging Constitutional Space For Aboriginal Governments, Kent Mcneil

Articles & Book Chapters

When the Supreme Court decided Sparrow, it could have interpreted s. 35 of the Constitution to give Aboriginal peoples absolute power over Aboriginal and treaty rights, a power which neither Parliament nor the Provinces could trump. Instead, the Court interpreted s. 35 to mean that Parliament could still infringe Aboriginal rights if the infringement could be justified by a strict test. Professor McNeil suggests that this interpretation does not originate in the constitutional text so much as in the British constitutional concepts of Parliamentary sovereignty and the rule of law. He argues that the Court maintained Parliament's power to regulate …

County Of Yakima V. Confederated Tribes & Bands Of The Yakima Indian Nation: State Taxation As A Means Of Diminishing The Tribal Land Base, Christopher A. Karns

American University Law Review

No abstract provided.

Making All The Difference: Native American Testimony And The Black Hills (A Review Essay), Frank Pommersheim

Faculty Publications

No abstract provided.

Recognizing And Enforcing State And Tribal Judgments: A Round Table Discussion Of Law, Policy And Practice, Christine Zuni Cruz, Richard E. Ranson Honorable, Philip Sam Deloria, Robert N. Clinton, Robert Laurence, Nell Jessup Newton, Mario E. Occhialino Jr.

Faculty Scholarship

This article was adapted from a roundtable convened to discuss issues regarding full faith and credit between state and tribal court systems.

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. This discussion looks at some of the practical and political concerns in the governmental relationship between the judicial branches. This area touches the lives of Indian people the most directly and immediately as it impacts the ability of Indian people to do personal business, and business.

Guatemalan Political History: National Indian Policy, 1532-1954, David E. Wilkins

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

The relationship between the Spanish and later the Guatemalan state with the Mayan Indians over the past four centuries is a fundamental component of Guatemalan political history. Since the beginnings of the nation, when the Mayans were political and military entities of power and independence with whom the Spanish had to come to terms; to the 1944-1954 "Revolutionary Era," when Indian communities were finally conceded limited social, economic, and political rights; and the period from 1979 to 1984 in which the military regimes killed "tens of thousands by some estimates as high as 80,000" Indians; the Indian population has been …

Transformations In Supreme Court Thought: The Irresistible Force (Federal Indian Law & Policy) Meets The Movable Object (American Indian Tribal Status), David E. Wilkins

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

This article is a content analysis examination of 107 federal court cases involving American Indian tribal sovereignty and federal plenary power rendered between 1870 and 1921. Our focus, however, is the U.S. Supreme Court's Indian Law jurisprudence; thus ninety of the cases analyzed were Supreme Court opinions. The cases seemingly entail two separate braces of opinions. One brace included decisions which affirmed tribal sovereignty. The other brace entailed cases which negatively affected tribal sovereignty. These negative decisions generally relied on doctrines such as plenary power, the political question doctrine, or the so- called “guardian-ward” relationship. We argue that the Supreme …

Indian Tribal Sovereignty And The Environment, Sarah P. Campbell

University of Richmond Law Review

States and Indian tribes alike have compelling reasons for demanding regulatory jurisdiction over the Indian reservations' environments. Proponents of state regulation argue that "[a] state's ability to coordinate a successful and comprehensive hazardous waste management plan depends at least in part on state control of all hazardous waste activity within its borders." In some states, the reservations are not isolated from the activities and residents of the state. In Washington state, for example, some Indian reservations have a high percentage of non-Indian residents, and others contain cities, municipalities, and heavily industrialized areas. This "checkerboard" reservation developed from the federal government's …

Recognizing And Enforcing State And Tribal Judgments: A Roundtable Discussion Of Law, Policy And Practice, Nell Jessup Newton

Journal Articles

My name is Sam Deloria, and I'm director of the American Indian Law Center. Today we are going to discuss issues regarding full faith and credit between state and tribal court systems. I would first like to introduce our distinguished panel. Ted Occhialino teaches at the University of New Mexico School of Law. Nell Newton teaches at American University Law School in Washington, D.C. The Honorable Christine Zuni is an appellate court judge with the Southwestern Intertribal Court of Appeals. The Honorable Richard E. Ransom is the chief justice of the New Mexico Supreme Court. Bob Clinton teaches at the …

Breaking Into The Intergovernmental Matrix: The Lumbee Tribe's Efforts To Secure Federal Acknowledgment, David E. Wilkins

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

This article discusses the concept of political recognition (both federal and state) of Indian tribes; explains the difference between administrative and legislative recognition; examines who is or should be empowered to extend federal recognition, the Congress or the executive branch; discusses the major factors that have compelled the Lumbees to seek federal recognition when they were already acknowledged by the state; and examines the major factors that have precluded them from securing complete federal recognition.

Transferring Indian Reserved Rights To Instream Flows: Lessons From The Big Horn Adjudication, Mark Squillace

Publications

No abstract provided.

Foreword: The Challenge Of Rio, David H. Getches

Publications

No abstract provided.

From Askhabad, To Wellton-Mohawk, To Los Angeles: The Drought In Water Policy, David H. Getches

Publications

No abstract provided.

Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches

Publications

Constitutional issues related to First Nations sovereignty have dominated Aboriginal affairs in Canada for a considerable period. The constitutional entrenchment of Aboriginal self-government has, however, received a setback with the recent failure of the Charlottetown Accord in October of 1992. Nonetheless, day-to-day issues must be accommodated, even while this more fundamental constitutional question remains unresolved. This paper illustrates the American experience with negotiated intergovernmental agreements between tribes and individual states. These agreements have, for example, resolved jurisdictional disputes over taxation, solid waste disposal, and law enforcement between state governments and tribal authorities. The author suggests that these intergovernmental agreements in …

Margery Hunter Brown: Teacher, Scholar, And First Citizen Of Montana, Charles F. Wilkinson

Publications

No abstract provided.

Land Of Fire, Land Of Conquest: The Colorado Plateau And Some Questions For Its Future, Charles F. Wilkinson

Publications

No abstract provided.

A Contemporary Definition Of The International Norm Of Self-Determination, S. James Anaya

Publications

No abstract provided.

Front Matter (Administration & Faculty Listing, Masthead, 1992-1993 Indian Law Writing Competition Winners, And Table Of Contents)

American Indian Law Review

No abstract provided.

Navajo Dispute Resolution And Promissory Obligations: Continuity And Change In The Largest Native American Nation, Michael D. Lieder

American Indian Law Review

No abstract provided.

Pathfinder: Tribal, Federal, And State Court Subject Matter Jurisdictional Bounds: Suits Involving Native American Interests, John W. Gillingham

American Indian Law Review

No abstract provided.

American Indian Influence On The United States Constitution And Its Framers, Robert J. Miller

American Indian Law Review

No abstract provided.

Controlling Blue Skies In Indian Country: Who Is The Air Quality Posse--Tribes Or States? The Applicability Of The Clean Air Act In Indian Country And On Oklahoma Tribal Lands, Julie M. Reding

American Indian Law Review

No abstract provided.

Native American Inmates And Prison Grooming Regulations: Today's Justified Scalps: Iron Eyes V. Henry, William Norman

American Indian Law Review

No abstract provided.