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Articles 481 - 510 of 13877
Full-Text Articles in Indigenous, Indian, and Aboriginal Law
Biopiracy: Using New Laws And Databases To Protect Indigenous Communities, Cleo-Symone Scott
Biopiracy: Using New Laws And Databases To Protect Indigenous Communities, Cleo-Symone Scott
Law Student Publications
Indigenous people have a historical link to those who inhabited a country or region at the time when people of different cultures or origins arrived. Traditionally, indigenous people have a special relationship with their ancestral environments. But their way of living has long been under threat. The land that indigenous people live on is home to over 80% of our planet’s biodiversity, but it continues to be appropriated and plundered due to bioprospecting or, as some call it, biopiracy. Bioprospecting is defined as “the exploration and information gathering of genetic and biochemical material to develop commercial products.” While innovation is …
Green Colonialism: Sidelined While On The Front Lines, M. Alexander Pearl
Green Colonialism: Sidelined While On The Front Lines, M. Alexander Pearl
Faculty Articles
No abstract provided.
Pathways For Recognition: Indigenous Land Rights In Panamá, Caruna Gillespie, William Ascher
Pathways For Recognition: Indigenous Land Rights In Panamá, Caruna Gillespie, William Ascher
CMC Senior Theses
Indigenous communities in Panamá face the same challenge that many Indigenous communities experience around the globe: a lack of recognition of their land rights. Over the last several decades, the Panamanian government has developed policies and ratified international agreements that recognize Indigenous rights. The comarcas that institutionalize these rights have had some success. However, despite a seemingly progressive framework for recognition, Indigenous communities across the country continuously have their rights violated by conservation projects and resource extraction efforts in the name of economic development. The Panamanian government crafts recognition policies using loopholes, exceptions, and ambiguous language that allow for them …
The Consequences Of Mythology: Supreme Court Decisionmaking In Indian Country, M. Alexander Pearl
The Consequences Of Mythology: Supreme Court Decisionmaking In Indian Country, M. Alexander Pearl
Faculty Articles
Ilanoli isht unowa. We tell our own stories. A single historical event has many stories. Although this nation's official chronicle expected and even hoped for Indigenous peoples to fade away, we are still here. Our histories are marked by resistance, survival, sovereignty, and renaissance. Only now, in the later stages of the American experiment, do our histories have the chance to matter in new forms and spaces. How much these stories matter within contemporary contexts depends upon where they are spoken and more importantly, who is listening. On the pages of a U.S. Supreme Court opinion, what stories are told …
Aboriginal Title, Private Property Interests, And Statutes Of Limitation, Kent Mcneil
Aboriginal Title, Private Property Interests, And Statutes Of Limitation, Kent Mcneil
All Papers
A major unresolved issue in Canadian law is the status of third-party interests that were allegedly created on Aboriginal title lands in non-treaty areas of Canada. The legal validity of these interests could depend on when and where they were granted by the Crown. Pre-Confederation Crown grants would have been subject to the Royal Proclamation of 1763 and to the limited authority delegated to colonial governments, but not to the division of powers in the Constitution Act, 1867, whereas post-Confederation grants would be subject to the latter. Grants after, but not before, April 17, 1982, would be subject to the …
The Consumer’S Choice To Boycott, Agnes Bresee
The Consumer’S Choice To Boycott, Agnes Bresee
Seattle University Law Review
In the wake of employees losing their jobs upon voicing their political opinions concerning Israel, Harvard and Columbia law students’ job offers being rescinded upon expressing support for Palestine, and the names and social media profiles of individuals who support Palestine being collected and listed on Canary Mission, such backlash may leave many Americans wondering what form of resistance to settler-colonialist apartheid is acceptable in the twenty-first century. Recently, the movement to collectively boycott brands like Starbucks, which sued its Worker’s Union for a tweet expressing support for Palestine; Disney, which donated money to Israel; and McDonald’s, where a location …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
A Different Approach To Agency Theory And Implications For Esg, Jonathan Bonham, Amoray Riggs-Cragun
A Different Approach To Agency Theory And Implications For Esg, Jonathan Bonham, Amoray Riggs-Cragun
Seattle University Law Review
In conventional agency theory, the agent is modeled as exerting unobservable “effort” that influences the distribution over outcomes the principal cares about. Recent papers instead allow the agent to choose the entire distribution, an assumption that better describes the extensive and flexible control that CEOs have over firm outcomes. Under this assumption, the optimal contract rewards the agent directly for outcomes the principal cares about, rather than for what those outcomes reveal about the agent’s effort. This article briefly summarizes this new agency model and discusses its implications for contracting on ESG activities.
Overseeing The Administrative State, Jill E. Fisch
Overseeing The Administrative State, Jill E. Fisch
Seattle University Law Review
In a series of recent cases, the Supreme Court has reduced the regulatory power of the Administrative State. Pending cases offer vehicles for the Court to go still further. Although the Court’s skepticism of administrative agencies may be rooted in Constitutional principles or political expediency, this Article explores another possible explanation—a shift in the nature of agencies and their regulatory role. As Pritchard and Thompson detail in their important book, A History of Securities Law in the Supreme Court, the Supreme Court was initially skeptical of agency power, jeopardizing Franklin Delano Roosevelt (FDR)’s ambitious New Deal plan. The Court’s acceptance …
The Sec, The Supreme Court, And The Administrative State, Paul G. Mahoney
The Sec, The Supreme Court, And The Administrative State, Paul G. Mahoney
Seattle University Law Review
Pritchard and Thompson have given those of us who study the SEC and the securities laws much food for thought. Their methodological focus is on the internal dynamics of the Court’s deliberations, on which they have done detailed and valuable work. The Court did not, however, operate in a vacuum. Intellectual trends in economics and law over the past century can also help us understand the SEC’s fortunes in the federal courts and make predictions about its future.
The Sffa V. Harvard Trojan Horse Admissions Lawsuit, Kimberly West-Faulcon
The Sffa V. Harvard Trojan Horse Admissions Lawsuit, Kimberly West-Faulcon
Seattle University Law Review
Affirmative-action-hostile admissions lawsuits are modern Trojan horses. The SFFA v. Harvard/UNC case—Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina, et. al., decided jointly—is the most effective Trojan horse admissions lawsuit to date. Constructed to have the distractingly appealing exterior façade of a lawsuit seeking greater fairness in college admissions, the SFFA v. Harvard/UNC case is best understood as a deception-driven battle tactic used by forces waging a multi-decade war against the major legislative victories of America’s Civil Rights Movement, specifically Title VI and Title VII …
Feeding The Good Fire: Paths To Facilitate Native-Led Fire Management On Federal Lands, Kevin Burdet
Feeding The Good Fire: Paths To Facilitate Native-Led Fire Management On Federal Lands, Kevin Burdet
Seattle University Law Review
In 2003, nearly twenty Native American reservations were devastated by wildfires that originated on adjacent federal lands. The San Pasqual Reservation’s entire 1,400 acres were burned along with over a third of its homes, and seventy-five percent of the Rincon Reservation was burned, taking twenty homes with it. These devastating fires, along with others in 2002, brought about the Tribal Forest Protection Act of 2004 (TFPA), which offered hope for Tribes to propose projects on bordering or adjacent federal lands and protect reservation lands in the process. Unfortunately, twenty years later, the TFPA has had a marginal effect in enabling …
A Hard Pill To Swallow: The Abysmal Mental Health Standards Of Detained Immigrant Children In The United States, Rama Bankesly
A Hard Pill To Swallow: The Abysmal Mental Health Standards Of Detained Immigrant Children In The United States, Rama Bankesly
Seattle University Law Review
After setting foot into the U.S., unaccompanied children must learn to navigate academic and legal systems while receiving little support and carrying the heavy burden of effects of trauma on their mental health. They need access to mental health care from qualified professionals, but as this Comment will explain, they systematically fail to receive care, as can be seen in cases like Doe v. Shenandoah Valley Juv. Ctr. Comm’n. In Shenandoah, an unaccompanied child arrived in the U.S. and was placed in a facility that failed to provide remotely adequate mental health care and in fact was subjected …
Progress And The Taking Of Indigenous Land, Ezra Rosser
Progress And The Taking Of Indigenous Land, Ezra Rosser
Scholarly Articles in Law Reviews & Journals
The taking of Indigenous land in furtherance of other societal goals is so ubiquitous and so fundamental to the American project that sometimes acts of dispossession are not even recognized as such. This Article argues that the generally accepted understanding of Hawaii Housing Authority v. Midkiff, a key case of the American takings law canon, is wrong because it overlooks Native Hawaiian claims to the land taken. Hawai‘i’s Land Reform Act allowed tenants a right to purchase land over the objections of the owner of the underlying property and in Midkiff the U.S. Supreme Court said that states had the …
2024 Sovereignty In Oklahoma Indian Country, Darla Jackson
2024 Sovereignty In Oklahoma Indian Country, Darla Jackson
Other Faculty Publications
No abstract provided.
Rule-In-Use For Community-Based Springs Management Faces Land Use Pressures: Lesson Learned From Manggarai District, Bernadinus Steni, Hariadi Kartodihardjo, Soeryo Adiwibowo, Ruchyat Deni Djakapermana
Rule-In-Use For Community-Based Springs Management Faces Land Use Pressures: Lesson Learned From Manggarai District, Bernadinus Steni, Hariadi Kartodihardjo, Soeryo Adiwibowo, Ruchyat Deni Djakapermana
The Indonesian Journal of Socio-Legal Studies
The struggle for water is one of the greatest immediate risks of the climate crisis. Therefore, the institutional challenge of water management is increasingly urgent and requires a number of consensuses to succeed, including community-based natural resource management (CBNRM). A key challenge to the traditional consensus for water conservation is the increasing need for land conversion due to population growth, which in turn deflects decision-making power away from traditional institutions towards external decision-makers such as regional governments. Using Ostrom's conceptual framework of rules of use, this research examines shifting spring water management in the context of Kabupaten Manggarai. The paper …
Students For Fair Admissions: Affirming Affirmative Action And Shapeshifting Towards Cognitive Diversity?, Steven A. Ramirez
Students For Fair Admissions: Affirming Affirmative Action And Shapeshifting Towards Cognitive Diversity?, Steven A. Ramirez
Seattle University Law Review
The Roberts Court holds a well-earned reputation for overturning Supreme Court precedent regardless of the long-standing nature of the case. The Roberts Court knows how to overrule precedent. In Students for Fair Admissions v. Harvard (SFFA), the Court’s majority opinion never intimates that it overrules Grutter v. Bollinger, the Court’s leading opinion permitting race-based affirmative action in college admissions. Instead, the Roberts Court applied Grutter as authoritative to hold certain affirmative action programs entailing racial preferences violative of the Constitution. These programs did not provide an end point, nor did they require assessment, review, periodic expiration, or revision for greater …
The Split From Precedent: An Analysis Of The Negative Impact Oklahoma V. Castro-Huerta Will Have In Indian Country, Meg A. Bloom
The Split From Precedent: An Analysis Of The Negative Impact Oklahoma V. Castro-Huerta Will Have In Indian Country, Meg A. Bloom
American Indian Law Review
No abstract provided.
The Indian Child Welfare Act, Political Classification Of “Indians,” And Preservation Of Tribal Sovereignty: Children, The Most Precious Resource, Rachel Yost
American Indian Law Review
No abstract provided.
Oklahoma V. Castro-Huerta: Oklahoma’S Latest Power Grab And Its Implications For Native Women In A Post-Roe World, Camryn A. Conroy
Oklahoma V. Castro-Huerta: Oklahoma’S Latest Power Grab And Its Implications For Native Women In A Post-Roe World, Camryn A. Conroy
American Indian Law Review
No abstract provided.
A Note On Navajo Nation V. Urban Outfitters, Inc., Brantly J. Stockton
A Note On Navajo Nation V. Urban Outfitters, Inc., Brantly J. Stockton
American Indian Law Review
No abstract provided.
Unprincipled Preemption: Why The Supreme Court Was Wrong In Oklahoma V. Castro-Huerta To Abandon Exclusive Federal Jurisdiction Over Crimes By Non-Indians Against Indians In Indian Country, Eric Ramoutar
American Indian Law Review
No abstract provided.
Removing The Stain Without Undermining Military Awards: Revoking Medals Earned At Wounded Knee Creek In 1890, Dwight S. Mears
Removing The Stain Without Undermining Military Awards: Revoking Medals Earned At Wounded Knee Creek In 1890, Dwight S. Mears
American Indian Law Review
No abstract provided.
How Poor Is Poor Enough? How Jurisdictional Differences In Implementing The Right To Counsel Affect Indigent Native Americans, J. Santana Spangler-Day
How Poor Is Poor Enough? How Jurisdictional Differences In Implementing The Right To Counsel Affect Indigent Native Americans, J. Santana Spangler-Day
American Indian Law Review
No abstract provided.
Benefit Corporations—A Tool For Economic Development And Fostering Sovereignty In Tribal Business Structures, Madelynn M. Dancer
Benefit Corporations—A Tool For Economic Development And Fostering Sovereignty In Tribal Business Structures, Madelynn M. Dancer
American Indian Law Review
No abstract provided.
The Amplified Federal Obligation: Why Dobbs V. Jackson Women’S Health Organization Amplifies The Federal Government’S Obligation To Provide Comprehensive Reproductive Health Care In Native American Communities, Rebecca M. Kamp
American Indian Law Review
No abstract provided.
Oklahoma V. Castro-Huerta—Using Sentencing Inequities To Address The Oliphant In The Room, Dillon M. Sullivan
Oklahoma V. Castro-Huerta—Using Sentencing Inequities To Address The Oliphant In The Room, Dillon M. Sullivan
American Indian Law Review
No abstract provided.
A Tribal Court Blueprint For The Choctaw Freedmen: Effect Of Cherokee Nation V. Nash, Leeann Littlejohn
A Tribal Court Blueprint For The Choctaw Freedmen: Effect Of Cherokee Nation V. Nash, Leeann Littlejohn
American Indian Law Review
No abstract provided.