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Indigenous, Indian, and Aboriginal Law Commons

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Articles 841 - 870 of 13877

Full-Text Articles in Indigenous, Indian, and Aboriginal Law

Front Pages Jan 2022

Front Pages

American Indian Law Review

No abstract provided.


Belated Justice: The Failures And Promise Of The Hawaiian Homes Commission Act, Troy J.H. Andrade Jan 2022

Belated Justice: The Failures And Promise Of The Hawaiian Homes Commission Act, Troy J.H. Andrade

American Indian Law Review

No abstract provided.


Learning From Hobby Lobby’S Misdeeds: Crafting New International Due Diligence Standards For Human Rights And Cultural Heritage, Taryn Chubb Jan 2022

Learning From Hobby Lobby’S Misdeeds: Crafting New International Due Diligence Standards For Human Rights And Cultural Heritage, Taryn Chubb

American Indian Law Review

No abstract provided.


Missing And Murdered: Finding A Solution To Address The Epidemic Of Missing And Murdered Indigenous Women In Canada And Classifying It As A “Canadian Genocide”, Melanie Mcgruder Jan 2022

Missing And Murdered: Finding A Solution To Address The Epidemic Of Missing And Murdered Indigenous Women In Canada And Classifying It As A “Canadian Genocide”, Melanie Mcgruder

American Indian Law Review

No abstract provided.


The Mess That Has Become Indian Gaming In Oklahoma, Lucas Meacham Jan 2022

The Mess That Has Become Indian Gaming In Oklahoma, Lucas Meacham

American Indian Law Review

No abstract provided.


A Case For Deference In American Indian Health Law, Ashley Murphy Jan 2022

A Case For Deference In American Indian Health Law, Ashley Murphy

American Indian Law Review

No abstract provided.


Meeting The Mcgirt Moment: The Five Tribes, Sovereignty & Criminal Jurisdiction In Oklahoma’S New Indian Country, Adam Goodrum Jan 2022

Meeting The Mcgirt Moment: The Five Tribes, Sovereignty & Criminal Jurisdiction In Oklahoma’S New Indian Country, Adam Goodrum

American Indian Law Review

No abstract provided.


Front Pages Jan 2022

Front Pages

American Indian Law Review

No abstract provided.


Introductory Letter Of The Editorial Boards Jan 2022

Introductory Letter Of The Editorial Boards

American Indian Law Review

No abstract provided.


Ounalsa Remembers Professors Strickland And Hager, Ryan Sailors Jan 2022

Ounalsa Remembers Professors Strickland And Hager, Ryan Sailors

American Indian Law Review

No abstract provided.


Biography: Rennard Strickland Jan 2022

Biography: Rennard Strickland

American Indian Law Review

No abstract provided.


Reprint: American Indian Law And The Spirit World, Rennard Strickland Jan 2022

Reprint: American Indian Law And The Spirit World, Rennard Strickland

American Indian Law Review

No abstract provided.


Rennard Leaves Us Words Of Thunder, Bill Piatt Jan 2022

Rennard Leaves Us Words Of Thunder, Bill Piatt

American Indian Law Review

No abstract provided.


A Legacy That Sustains – Dean And Professor Rennard Strickland, Carole Goldberg Jan 2022

A Legacy That Sustains – Dean And Professor Rennard Strickland, Carole Goldberg

American Indian Law Review

No abstract provided.


Rennard Strickland: Legal Historian And Leader, Charles Wilkinson Jan 2022

Rennard Strickland: Legal Historian And Leader, Charles Wilkinson

American Indian Law Review

No abstract provided.


Rennard Strickland Helped Shape A Young Law School, Sheila Simon Jan 2022

Rennard Strickland Helped Shape A Young Law School, Sheila Simon

American Indian Law Review

No abstract provided.


Rennard Strickland – A Remembrance, Lawrence K. Hellman Jan 2022

Rennard Strickland – A Remembrance, Lawrence K. Hellman

American Indian Law Review

No abstract provided.


Strickland And The Fred Jones Jr. Museum Of Art, Hadley Jerman, Phd Jan 2022

Strickland And The Fred Jones Jr. Museum Of Art, Hadley Jerman, Phd

American Indian Law Review

No abstract provided.


Rennard Strickland: A Legacy Of Generosity, Darla W. Jackson Jan 2022

Rennard Strickland: A Legacy Of Generosity, Darla W. Jackson

American Indian Law Review

No abstract provided.


Professor Strickland, Joseph Harroz, Jr. Jan 2022

Professor Strickland, Joseph Harroz, Jr.

American Indian Law Review

No abstract provided.


Rennard Strickland: Living Without Notes, Katheleen Guzman Jan 2022

Rennard Strickland: Living Without Notes, Katheleen Guzman

American Indian Law Review

No abstract provided.


Biography: C. Steven Hager Jan 2022

Biography: C. Steven Hager

American Indian Law Review

No abstract provided.


Reprint: The Rule Of Law: Mcgirt V. Oklahoma And The Recognition Of The Muscogee (Creek) Reservation, C. Steven Hager Jan 2022

Reprint: The Rule Of Law: Mcgirt V. Oklahoma And The Recognition Of The Muscogee (Creek) Reservation, C. Steven Hager

American Indian Law Review

No abstract provided.


Tributes To Steve Hager, Kace Rodwell, Michael Colbert Smith, Stephanie Hudson Jan 2022

Tributes To Steve Hager, Kace Rodwell, Michael Colbert Smith, Stephanie Hudson

American Indian Law Review

No abstract provided.


Preemption, Commandeering, And The Indian Child Welfare Act, Matthew L.M. Fletcher, Randall F. Khalil Jan 2022

Preemption, Commandeering, And The Indian Child Welfare Act, Matthew L.M. Fletcher, Randall F. Khalil

Articles

This year (2022), the Supreme Court agreed to review wide-ranging constitutional challenges to the Indian Child Welfare Act (ICWA) brought by the State of Texas and three non-Indian foster families in the October 2022 Term. The Fifth Circuit, sitting en banc, held that certain provisions of ICWA violated the anti-commandeering principle implied in the Tenth Amendment and the equal protection component of the Fifth Amendment’s Due Process Clause.

We argue that the anti-commandeering challenges against ICWA are unfounded because all provisions of ICWA provide a set of legal standards to be applied in states which validly and expressly preempt state …


Professionalism In Tribal Jurisdictions, Matthew L.M. Fletcher Jan 2022

Professionalism In Tribal Jurisdictions, Matthew L.M. Fletcher

Articles

American Indian law is an important area of law. There are 12 federally recognized Indian tribes in the state of Michigan.1 Indian tribes throughout the United States do business in Michigan. Indian tribal governments and corporations employ hundreds of thousands of non-Indians and received billions in federal pandemic relief. Indian gaming generated nearly $40 billion in revenues nationally last year. Still, many lawyers ignore the field or claim ignorance about the basic precepts of federal Indian law.

This article will canvass several themes of professionalism in tribal practice, drawing from this author’s tribal law experience over the last few decades. …


Testimony Before The Commission On Native Children, Matthew L.M. Fletcher Jan 2022

Testimony Before The Commission On Native Children, Matthew L.M. Fletcher

Other Publications

This letter and powerpoint were prepared at the request of the Alyce Spotted Bear and Walter Soboleff Commission on Native Children in advance of a hearing on jurisdictional issues related to the Indian Child Welfare Act. I make several recommendations:

The Commission should recommend that Congress amend ICWA to provide for effective enforcement mechanisms. Those amendments could include (1) the establishment of express rights to bring interlocutory appellate court actions at more key points in state court child welfare matters, (2) the availability of attorney fees awards for Indian parents and Indian tribes in the event that a state or …


Bridges To A New Era Part 2: A Report On The Past, Present, And Potential Future Of Tribal Co-Management On Federal Lands In Alaska, Monte Mills, Martin Nie Jan 2022

Bridges To A New Era Part 2: A Report On The Past, Present, And Potential Future Of Tribal Co-Management On Federal Lands In Alaska, Monte Mills, Martin Nie

Articles

Nowhere else in the United States are tribal connections and reliance on federal public lands as deep and geographically broad-based as in what is now Alaska. The number of Tribes—229 federally recognized tribes—and the scope of the public land resource—nearly 223 million acres—are simply unparalleled. Across that massive landscape, federal public lands and the subsistence uses they provide remain, as they have been since time immemorial, “essential to Native physical, economic, traditional, and cultural existence.”[1] Alas, the institutions, systems, and processes responsible for managing those lands, protecting those uses, and honoring those connections are failing Alaska Native Tribes.

The …


Returning Home And Restoring Trust: A Legal Framework For Federally Non- Recognized Tribal Nations To Acquire Ancestral Lands In Fee Simple, Taino J. Palermo Jan 2022

Returning Home And Restoring Trust: A Legal Framework For Federally Non- Recognized Tribal Nations To Acquire Ancestral Lands In Fee Simple, Taino J. Palermo

Roger Williams University Law Review

No abstract provided.


Resisting Indigenous Erasure In Rhode Island: The Need For Compulsory Native American History In Rhode Island Schools, Whitney Saunders Jan 2022

Resisting Indigenous Erasure In Rhode Island: The Need For Compulsory Native American History In Rhode Island Schools, Whitney Saunders

Roger Williams University Law Review

No abstract provided.