Indigenous, Indian, and Aboriginal Law Commons^™

The Use Of Mediation To Resolve Conflicts Arising From Cultural Appropriation By Western Fashion Brands, Faith Adongo

Cardozo Journal of Conflict Resolution

The Cambridge Dictionary defines cultural appropriation as "the act of taking or using things from a culture that is not your own, especially without showing that you understand or respect this culture." It is sometimes referred to as cultural misappropriation, and also defined as taking intellectual property, traditional knowledge, cultural expressions, or artifacts from a culture other than one's own, without permission. Supporters of cultural appropriation see it as the only realistic way of developing, spreading and integrating cultures, while critics see it as a means through which dominant cultures "borrow" from the cultures of minority groups.

2021 In Oklahoma Indian Country: Providing Context, Darla Jackson

Other Faculty Publications

No abstract provided.

Rennard Leaves Us Words Of Thunder, Bill Piatt

Faculty Articles

Rennard Strickland was a quiet, modest, genial man who made many contributions to legal education over the span of his career. Among his most important gifts are the words he wrote and spoke which alerted us to the extent that the legal system contributed to the genocide of Indigenous America.

The Quotidian And Constitutive Practice Of Police Brutality Against Indigenous People, Elaine Craig

Articles, Book Chapters, & Popular Press

In Settler Colonialism, Policing and Racial Terror: The Police Shooting of Loreal Tsingine Sherene Razack gives voice to the settler colonial violence perpetrated against Loreal Tsingine, a 27-year-old Navajo women who was shot and killed by Austin Shipley. Shipley, a white male police officer, claimed he was trying to apprehend her for alleged shoplifting. The article, which is brilliantly and compellingly written (as is typical of all of Professor Razack’s work) makes several claims. Most centrally, however, she asserts that racial terror – a violence done at both structural and individual levels – is at the very heart of the …

Rethinking Protections For Indigenous Sacred Sites, Stephanie H. Barclay, Michalyn Steele

Journal Articles

Meaningful access to sacred sites is among the most important principles to the religious exercise of Indigenous peoples, yet tribes have been repeatedly thwarted by the federal government in their efforts to vindicate this practice of their religion. The colonial, state, and federal governments of this Nation have been desecrating and destroying Native American sacred sites since before the Republic was formed. Unfortunately, the callous destruction of Indigenous sacred sites is not just a troubling relic of the past. Rather, the threat to sacred sites and cultural resources continues today in the form of spoliation from development, as well as …

Front Pages

American Indian Law Review

No abstract provided.

The Secretary Of The Interior Has The Authority To Take Land Into Trust For Federally Recognized Alaska Tribes, Meghan O’Connor

American Indian Law Review

No abstract provided.

Icwa’S Irony, Marcia Zug

American Indian Law Review

No abstract provided.

“The Desert Is Our Home”, Kayla Molina

American Indian Law Review

No abstract provided.

Coeur D’Alene Tribe V. Hawks: Why Federal Courts Have The Power To Recognize And Enforce Tribal Court Judgments Against Nonmembers “Because Of The Federal Government’S Unique Relationship With Indian Tribes”, Heath Albert

American Indian Law Review

No abstract provided.

The Disproportionate Effect On Native American Women Of Extending The Federal Involuntary Manslaughter Act To Include A Woman’S Conduct Against Her Child In Utero: United States V. Flute, Andie B. Netherland

American Indian Law Review

No abstract provided.

Mirrored Harms: Unintended Consequences In The Grant Of Tribal Court Jurisdiction Over Non-Indian Abusers, Jonathan Riedel

American Indian Law Review

No abstract provided.

Front Pages

American Indian Law Review

No abstract provided.

The Tribal Right To Exclude Others From Indian-Owned Lands, Alex Tallchief Skibine

American Indian Law Review

No abstract provided.

Impact Of The Coronavirus And Federal Responses On Indigenous Peoples’ Health, Security, And Sovereignty, Libby Smith

American Indian Law Review

No abstract provided.

The Continued Persecution Of The Kurdish People In Turkey, James L. Crawford

American Indian Law Review

No abstract provided.

State V. Nobles: Chance To Settle Needless Jurisdictional Turbulence, Kaylee Snyder

American Indian Law Review

No abstract provided.

The Supreme Court Of Washington’S Broad Interpretation Of The “Reason To Know” Standard In In Re Dependency Of Z.J.G. And Why A Uniform, Broad Interpretation Of The Standard Will Lead To Better Outcomes, Dylan Hartsook

American Indian Law Review

No abstract provided.

Winner, Best Appellate Brief In The 2021 Native American Law Student Association Moot Court Competition, Eric Rolston, Polina Noskova

American Indian Law Review

No abstract provided.

Wolastoqiyik And Mi’Kmaq Grandmothers - Land/Water Defenders Sharing And Learning Circle: Generating Knowledge For Action, Sherry Pictou, Janet Conway, Angela Day

Reports & Public Policy Documents

This report is a summary of the Grandmothers/Defenders’ stories and are interwoven with corresponding news articles, press releases, and other public documents. This is followed by an overview of some of the critical common issues and importantly, strategies for moving forward proposed by the Grandmothers/Defenders.

The Grandmother’s Report is a collection of stories told by Wolastoqiyik Grandmother/Defenders against the Sisson Mine in New Brunswick and Mi’kmaq Grandmothers against the Alton Gas project in Nova Scotia at the event, Indigenous Grandmothers Sharing and Learning Circle: Generating Knowledge for Action, held at the Tatamagouche Centre in Nova Scotia, January 26 to 27, …

R V. Turtle: Substantive Equality Touches Down In Treaty 5 Territory, Sonia Lawrence, Debra Parkes

All Faculty Publications

Court comes to Pikangikum First Nation through the air. Judges, Crown attorneys, and defence lawyers fly into this Anishinaabe community, located 229 kilometres north of Kenora, Ontario, to hear bail, trial, and sentencing matters involving members of the community. And then they fly out. Many of those provincial court proceedings involve sentencing members of the community to jail in Kenora or to a penitentiary even further away. We suspect that s. 15 of the Charter is rarely discussed in the Pikangikum courtroom (which is sometimes a room in the business development centre and sometimes the Chinese restaurant), a reality that …

Johnson V. M'Intosh, Alexandra Flynn

All Faculty Publications

A title to lands, under grants to private Individuals, made by Indian tribes or Nations northwest of the river Ohio, in 1773 and 1775. The decision of the United States District Court is deemed to be in error. ERROR to the District Court of Illinois. This was an action of ejectment for lands in the State and District of Illinois, claimed by the plaintiffs under a purchase and conveyance from the Piankeshaw Indians, and by the defendant, under a grant from the United States.

Indigenous-Municipal Legal Relationships: Moving Beyond The Duty To Consult And Accommodate, Alexandra Flynn

All Faculty Publications

This paper examines the path forward for Indigenous-municipal relationships in regard to the land use planning process. While the arguments in the paper apply broadly, I focus on the unique legalities of planning approaches in Ontario. The aim is to argue that municipal planning – using the example of the Ontario planning model more specifically – should not frame its responsibilities with First Nations and Indigenous peoples based on the requirements of the duty to consult, which is a problematic singular framework in grounding a nation-to-nation relationship. The duty to consult as the basis of Indigenous-settler relationships has not led …

With Great(Er) Power Comes Great(Er) Responsibility: Indigenous Rights And Municipal Autonomy, Alexandra Flynn

All Faculty Publications

This article asks how the dialogue surrounding greater municipal autonomy intersects with Aboriginal rights and title, recognized under section 35 of the Constitution Act, 1982 (Constitution), with a particular focus on Toronto. The first part of this article sets out the ways in which Toronto sought empowerment following the Better Local Government Act or Bill 5, including judicial consideration of the constitutional role of Canadian municipalities, the legislative advances made by provincial governments, and the yet-implemented possibilities of protection through a little-used mechanism within the Constitution. Part II analyzes the obligations of municipalities in respect of Indigenous Peoples …

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

Articles

Deep ancestral and traditional connections tie many Native Nations to the federal government’s public lands. The removal of these lands from indigenous control, their acquisition by the federal government, and the federal government’s approach to their management are largely premised upon the erasure or marginalization of those connections. Both physically and legally, Indian tribes have been removed from the landscapes they occupied since time immemorial. Rather than centering, honoring, and using those connections, the current discussion of tribal co-management of federal public lands is mostly bereft of this full legal and historical context.

Compounding these limitations is the considerable discretion …

Tribal Justice: Honoring Indigenous Dispute Resolution (Symposium Keynote Address), Deb Haaland

Tribal Law Journal

Tribal Law Journal 20th Anniversary Symposium Keynote Address. I am working to weave our Native voice into a system that is not traditionally our own to make sure these legal fictions do not persist into another detrimental federal policy era. This symposium is highly valuable because it shows our community how important it is to incorporate indigenous traditional values into our legal system—but this is also important to highlight in our political systems and my effort to encourage more Native Americans to run for office and will continue. Native American people need to redefine all aspects of our governance systems …

Tribal Opposition To Enbridge Line 5: Rights And Interests, John Minode’E Petoskey

Tribal Law Journal

This paper will examine the tribal interests at stake in the controversy surrounding Enbridge Oil Pipeline 5 (“Line 5”), and will explore why it is consistent with Michigan’s treaty obligations and public trust principles to remove the pipeline from the Straits of Mackinac. The Line runs beneath the Straits of Mackinac, the convergence of Lake Michigan and Lake Huron, and is nearly 70 years old. Should the pipeline burst, the resulting spill would irreparably harm fisheries in the Straits and impair tribal treaty rights to fish in the Great Lakes. Part I will provide a roadmap overview. Part II will …

Native American Oral Evidence: Finding A New Hearsay Exception, Max Virupaksha Katner

Tribal Law Journal

The Federal Rules of Evidence hearsay rules unjustifiably exclude legitimate and trustworthy evidence that support many Native American legal claims. Native American communities traditionally were not literate and rarely recorded the treaties, contracts, and other legal instruments they drew up or honored in any kind of written format, oftentimes recording their histories and diplomatic events in other ways; take for example wampum belts used by the Haudenosaunee Confederacy, among others. While the U.S. legal system presupposes that evidence in written statements provides a greater assurance of accuracy and truth than oral statements, this is not always the case. Writing is …

Rennard Strickland: Living Without Notes, Katheleen Guzman

Other Faculty Publications

No abstract provided.

Decolonizing Indigenous Migration, Angela R. Riley, Kristen A. Carpenter

Publications

As global attention turns increasingly to issues of migration, the Indigenous identity of migrants often remains invisible. At the U.S.-Mexico border, for example, a significant number of the individuals now being detained are people of indigenous origin, whether Kekchi, Mam, Achi, Ixil, Awakatek, Jakaltek or Qanjobal, coming from communities in Venezuela, Honduras, Guatemala and other countries. They may be leaving their homelands precisely because their rights as Indigenous Peoples, for example the right to occupy land collectively and without forcible removal, have been violated. But once they reach the United States, they are treated as any other migrants, without regard …