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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
Belated Justice: The Failures And Promise Of The Hawaiian Homes Commission Act, Troy J.H. Andrade
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
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
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
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
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
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.
Introductory Letter Of The Editorial Boards
Introductory Letter Of The Editorial Boards
American Indian Law Review
No abstract provided.
Ounalsa Remembers Professors Strickland And Hager, Ryan Sailors
Ounalsa Remembers Professors Strickland And Hager, Ryan Sailors
American Indian Law Review
No abstract provided.
Reprint: American Indian Law And The Spirit World, Rennard Strickland
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
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
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
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
Rennard Strickland Helped Shape A Young Law School, Sheila Simon
American Indian Law Review
No abstract provided.
Rennard Strickland – A Remembrance, Lawrence K. Hellman
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
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
Rennard Strickland: A Legacy Of Generosity, Darla W. Jackson
American Indian Law Review
No abstract provided.
Professor Strickland, Joseph Harroz, Jr.
Professor Strickland, Joseph Harroz, Jr.
American Indian Law Review
No abstract provided.
Rennard Strickland: Living Without Notes, Katheleen Guzman
Rennard Strickland: Living Without Notes, Katheleen Guzman
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
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
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
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
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
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
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
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
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.