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Articles 181 - 210 of 232
Full-Text Articles in Law and Race
Customary Law: The Way Things Were, Codified, Exra Rosser
Customary Law: The Way Things Were, Codified, Exra Rosser
Tribal Law Journal
The author explores the meaning of customary law from its most general meaning to the meaning and application within various tribal courts. Mr. Rosser discusses the weight of customary law when choice of law and conflict of law issues arise within tribal courts. He discusses the challenges in uniformly applying customary law. He also discusses the challenges in substantiating customs when presented to a tribal court, including the use of experts. Mr. Rosser highlights the complexity and variance of customary law between tribal courts while emphasizing the importance of tribal jurisprudence. Finally, the author provides an appendix of rules and …
Un/Braiding Stories About Law, Sexuality And Morality, Margaret E. Montoya
Un/Braiding Stories About Law, Sexuality And Morality, Margaret E. Montoya
Faculty Scholarship
Traditional doctrine insists that we tame sexual desire by pretending that goodness and Godliness is defined by celibacy and abstinence, but the Church is simply wrong to insist that we accept a theology that negates and silences and suppresses a central part of our lives. To the extent that we believe in a life after death, many of us have won a chance at Heaven not by denying and suppressing our sexuality but by struggling to develop our capacity to experience joy through sexual desire and to honor the responsibility of not generating misery for ourselves and others through that …
What Indian Tribes Can Do To Combat Child Sexual Abuse (Issue Paper), Larry Echohawk, Pawnee Indian Tribe, Tessa Meyer Santiago
What Indian Tribes Can Do To Combat Child Sexual Abuse (Issue Paper), Larry Echohawk, Pawnee Indian Tribe, Tessa Meyer Santiago
Tribal Law Journal
One of the most destructive problems affecting children in "Indian country" today is sexual abuse. Increasing reports of child sexual abuse and the severe impact this type of crime has on Indian youth and their families have prompted tribal leaders to voice great concern about the impact of this crime on Indian communities.
Law Enforcement Authority In Indian Country, Melissa L. Tatum
Law Enforcement Authority In Indian Country, Melissa L. Tatum
Tribal Law Journal
The protection order has proven to be an effective tool in the war against domestic violence. A protection order, however, is good only so long as it can be enforced, and enforcement has proven to be a problem when a person travels with a protection order to a different jurisdiction.
Expanding The Network Of Safety: Tribal Protection Orders For Survivors Of Sexual Assault, Sara Deer
Expanding The Network Of Safety: Tribal Protection Orders For Survivors Of Sexual Assault, Sara Deer
Tribal Law Journal
The right to exist in a world free from violence is a basic tenet in many indigenous cultures and governments. The epidemic of sexual violence perpetrated against Native American women in the United States reflects a fundamental breakdown in the cultural and legal norms that have served to provide protection to Native women from time immemorial.
A Brief History Of Chicana/O School Segregation: One Rationale For Affirmative Action, Margaret E. Montoya
A Brief History Of Chicana/O School Segregation: One Rationale For Affirmative Action, Margaret E. Montoya
Faculty Scholarship
This article uses Critical Race Theory methodologies, such as autobiographical narratives, and analytical approaches, such as revising the history of the civil rights struggle, especially as it applies to the Chicano-Latino communities. This paper represents a student-faculty collaboration in that the students organized the conference at which some of this analysis was first proposed. This was the conference at which now Justice Sonia Sotomayor made her now iconic comments about being a "wise Latina." People can't get to be judges without first going to law school, and Latinas/as can't get to law school, at least in significant numbers, without affirmative …
Teaching A Professional Responsibility Course: Lessons Learned From The Clinic, Antoinette M. Sedillo Lopez
Teaching A Professional Responsibility Course: Lessons Learned From The Clinic, Antoinette M. Sedillo Lopez
Faculty Scholarship
In teaching Ethics or Professional Responsibility, I want to do more than teach students the law of the course. While it is important that students become familiar with and able to navigate the rules of professional responsibility, my clinical teaching has helped me develop additional educational objectives that I believe will affect their lives as future lawyers. I categorize my objectives in a three-credit classroom professional responsibility course as three-fold: 1) teaching the law of lawyering; 2) exploring professionalism issues;20 and 3) critically examining the profession. I will discuss a few of my experiences teaching in the clinic and how …
The Future Of Civil Rights: A Dialogue, Margaret E. Montoya
The Future Of Civil Rights: A Dialogue, Margaret E. Montoya
Faculty Scholarship
Eight social science, humanities, and legal scholars discuss a wide range of perspectives on civil rights (edited by John Paul Ryan). The conversation traverses civil rights stories in the U.S. and abroad since 1968, the relationships between immigration and civil rights, the enforcement of civil rights and the role of the courts, and the impact of September 11 on civil rights in the future. Co-authored with John Paul Ryan, Angelo Ancheta, Erik Bleich, Tim Borstelmann, Gloria Browne-Marshall, Chai Feldblum, Anita Hodgkiss, & John D. Skrentny
Cherokee Nation Tribal Profile, Ahnawake Carroll
Cherokee Nation Tribal Profile, Ahnawake Carroll
Tribal Law Journal
Cherokee Nation Tribal Profile by Ahnawake Carroll provides readers with an overview of the Cherokee Nation Tribal Government. This profile includes information regarding both the historical and contemporary uses of the tribe's traditional law, law of governance, enacted law, and case law.
Cherokee Nation Election Of 1995, Ahnawake Carroll
Cherokee Nation Election Of 1995, Ahnawake Carroll
Tribal Law Journal
The Cherokee Nation Election of 1995 by Ahnawake Carroll discusses a test of the constitutional distribution of powers within the Cherokee government in the context of the 1995 tribal election. This article explores through the mechanism of five selected rulings the role of the tribal judiciary in adjudicating various controversies arising out of the election resulting in the judiciary placing "a check on the legislative and executive powers of the Cherokee government" based upon interpretations of the Cherokee Constitution, as well as codified Cherokee law.
Ethnocentrism And Feminism: Using A Contextual Methodology In International Women's Rights Advocacy And Education, Antoinette M. Sedillo Lopez
Ethnocentrism And Feminism: Using A Contextual Methodology In International Women's Rights Advocacy And Education, Antoinette M. Sedillo Lopez
Faculty Scholarship
I have proposed a method of comparative analysis that respects culture by contextualizing analysis of women's issues. I believe that we can help women around the world improve their lives while retaining their cultural values and identity. We can use comparative law as a tool to help identify laws that successfully address women's needs and those that do not. Comparative theory does not posit an evaluation of the law determining which law or legal system is "better." Rather, comparative theory can illuminate differences based on systemic and cultural diversity. Understanding these differences can help us understand how best to use …
Class In Latcrit: Theory And Praxis In A World Of Economic Inequality (Foreword), Margaret E. Montoya
Class In Latcrit: Theory And Praxis In A World Of Economic Inequality (Foreword), Margaret E. Montoya
Faculty Scholarship
The fifth annual Latina/o critical legal theory ("LatCrit") conference was held on May 4-7, 2000 in Breckenridge, Colorado. The mountain resorts of Colorado present an almost metaphorical location for a critical theory meeting. The majesty and apparent harmony of the natural environment contrast so vividly with the cotidian conflicts in the human environment, and the elites exhibit a banal oblivion to the vicious racial and class-based violence that provide the grist for critical theorists. These resort locations dedicated to a lifestyle of money, recreation and pampering and infused with the invisible oxygen of privilege offer a space for theoretical work …
Learning Through Service In A Clinical Setting: The Effect Of Specialization On Social Justice & Skills Training, Antoinette M. Sedillo Lopez
Learning Through Service In A Clinical Setting: The Effect Of Specialization On Social Justice & Skills Training, Antoinette M. Sedillo Lopez
Faculty Scholarship
Arguing against the trend toward specialization in clinical legal education, this essay addresses potential limitations of specialized legal clinics in furthering the dual mission of clinical legal education: social justice and skills training. It points out that specialized clinics limit access to justice by leaving the myriad needs of clients partially unmet. They limit students' learning about the complex needs of clients and students' ability to discover broad inequities in the legal system. Specialization makes it more difficult to train students to be creative problem solvers, and affects their professional socialization
The Status Of Traditional Indian Justice, Agustin Grijalva
The Status Of Traditional Indian Justice, Agustin Grijalva
Tribal Law Journal
The Status of Traditional Indian Justice in Ecuador by Agustin Grijalva discusses constitutional reforms in Ecuador that recognize traditional Indian law and traditional Indian authorities as collective Indian rights. This article explores the historical background of the constitutional reforms, how these reforms might affect the current Ecuadorian judicial system and some potential problems in administering these reforms.
Cp 87 And Cp 100: Allotment And Fractionation Within The Citizen Potawatomi Nation, Mark Welliver
Cp 87 And Cp 100: Allotment And Fractionation Within The Citizen Potawatomi Nation, Mark Welliver
Tribal Law Journal
CP 87 and CP 100: Allotment and Fractionation Within the Citizen Potawatomi Nation by Mark Welliver illustrates some of the problematic issues faced today by interest owners of Indian allotment land by using his father's interest in allotment land as a "hypothetical," in the context of the Citizen Band Potawatomi's history and removal to Oklahoma. The article also discusses "solutions that are applicable either by the federal government, the tribes, or the individual interest holders."
Restoring Harmony Through Nalyeeh: Can The Navajo Common Law Of Torts Be Applied In State And Federal Forums?, J. R. Mueller
Restoring Harmony Through Nalyeeh: Can The Navajo Common Law Of Torts Be Applied In State And Federal Forums?, J. R. Mueller
Tribal Law Journal
Restoring Harmony through Nalyeeh: Can the Navajo Common Law of Torts be Applied in State and Federal Forums? by J. R. Mueller demonstrates "that the Navajo Nation has developed and articulated a modern tort law and doctrine of restitution grounded in Navajo tradition and evolved from ancient custom, similar to the Anglo-American notion of common law." This article also explores whether tribal customary law can be applied in state and federal forums in light of a recent federal case Cheromiah v. United States.
Oglala Lakota Nation Profile, Danielle Her Many Horses
Oglala Lakota Nation Profile, Danielle Her Many Horses
Tribal Law Journal
Oglala Lakota Nation Profile by Danielle Her Many Horses provides an overview of the Oglala Lakota Nation government. This profile contains information on the Oglala Lakota Nation's traditional governance and its contemporary government.
Pueblo Of Laguna Tribal Government Profile, Kim Coco Iwamoto, Frank Cerno Jr.
Pueblo Of Laguna Tribal Government Profile, Kim Coco Iwamoto, Frank Cerno Jr.
Tribal Law Journal
Pueblo of Laguna Tribal Government Profile by Kim Coco Iwamoto, provides readers with an overview of the Pueblo of Laguna Tribal Government. Iwamoto's profile contains information on the Pueblo's traditional law, governance, dispute resolution, and extratribal law.
Evolving Indigenous Law: Navajo Marriage--Cultural Traditions And Modern Challenges, Antoinette M. Sedillo Lopez
Evolving Indigenous Law: Navajo Marriage--Cultural Traditions And Modern Challenges, Antoinette M. Sedillo Lopez
Faculty Scholarship
Tribal regulation of marriage is an example of tribal government and tribal court using the legal system to reclaim traditional values and to resist (at least in part) the dominant values imposed on the Navajo Nation. Identity as Dine (the Navajos term to refer to themselves) is based on clan affiliations, which are determined by blood and marriage. Marriage has been an important and sacred institution in Navajo tradition. The Navajo Supreme Court and the Tribal Council have attempted to find a substantive law of marriage that respects traditional Navajo culture while meeting contemporary needs of Navajo people. The Navajo …
Silence And Silencing: Their Centripetal And Centrifugal Forces In Cultural Expression, Pedagogy And Legal Discourse, Margaret E. Montoya
Silence And Silencing: Their Centripetal And Centrifugal Forces In Cultural Expression, Pedagogy And Legal Discourse, Margaret E. Montoya
Faculty Scholarship
This article uses Critical Race Theory and LatCrit Theory in its analysis, methodologies, and purpose. I seek to disrupt silences around race and to provide the knowledge and skills for effective work on racial equity and justice. Language and voice have been subjects of great interest to scholars working in the areas of Critical Race Theory and Latina/o Critical Legal Theory. Silence, a counterpart of voice, has not, however, been well theorized. This Article is an invitation to attend to silence and silencing. The first part of the Article argues that one's use of silence is an aspect of communication …
O.J. As A Tale Of 2 Operas (Essays On The Trials Of The Century), Sherri L. Burr
O.J. As A Tale Of 2 Operas (Essays On The Trials Of The Century), Sherri L. Burr
Faculty Scholarship
The theme of this essay is that blacks and whites reacted differently to the O.J. criminal verdicts because they watched two different dramas unfold over the course of the trial. Many whites saw O.J. as the archetype of Otello, the heroic Moor who came to live within the midst of Europeans and married the lovely Desdemona, only to kill her in a jealous rage after she befriended another man. Many blacks perceived O.J.'s trial as a modernized Porgy and Bess, which features white police officers abusing power when they jail an innocent person because they are too lazy to search …
Tribal Law As Indigenous Social Reality And Separate Consciousness [Re]Incorporating Customs And Traditions Into Tribal Law, Christine Zuni Cruz
Tribal Law As Indigenous Social Reality And Separate Consciousness [Re]Incorporating Customs And Traditions Into Tribal Law, Christine Zuni Cruz
Tribal Law Journal
Tribal Law as Indigenous Social Reality and Separate Consciousness-[Re]Incorporating Customs and Traditions into Tribal Law by Christine Zuni Cruz explores the reflection of traditional legal concepts and values in enacted laws of indigenous nations. The premise of this article is that "an indigenous nation's sovereignty is strengthened if its law is based upon its own internalized values and norms." Zuni-Cruz's article questions the impact of enacted western laws on indigenous communities' people and culture.
Means V. District Court Of The Chinle Judicial District And The Hadane Doctrine In Navajo Criminal Law, Paul Spruhan
Means V. District Court Of The Chinle Judicial District And The Hadane Doctrine In Navajo Criminal Law, Paul Spruhan
Tribal Law Journal
This case note analyzes the Navajo Nation's application of traditional law concepts in order to find criminal jurisdiction to prosecute a non-member Indian in Means v. District Court. The author examines this use in light of the Supreme Court's decision in Duro v. Reina.
Troublesome Aspects Of Western Influences On Tribal Justice Systems And Laws, Alex Tallchief Skibine
Troublesome Aspects Of Western Influences On Tribal Justice Systems And Laws, Alex Tallchief Skibine
Tribal Law Journal
Troublesome Aspects of Western Influences on Tribal Justice Systems and Laws by Alex Tallchief Skibine provides readers with an overview of the colonial process by which tribal written law resembles the legal structures of the states and the federal government. Skibine's article highlights why and how tribal court systems have been influenced by western law, as well as the problems associated with the integration of tribal justice systems into the U.S. political system.
Introduction To New Mexico Tribal Court Handbook, Tribal Law Journal Staff
Introduction To New Mexico Tribal Court Handbook, Tribal Law Journal Staff
Tribal Law Journal
These handbooks are intended to help attorneys and advocates become more aware of the various individual tribal court systems and their rules and protocol.
Translating Legal Terms In Context, Antoinette M. Sedillo Lopez
Translating Legal Terms In Context, Antoinette M. Sedillo Lopez
Faculty Scholarship
This article reviews a number of Spanish/English legal dictionaries, evaluating the relative merits and features of each. Translating legal terms requires an understanding of both the legal context in which the term is used and the legal context in which the translation is intended. Thus, this review of legal dictionaries concentrates on evaluating the authors'/editors' understanding of how the terms are used in the two legal cultures, as well as in two different languages.
Introduction: Latcrit Theory: Mapping It's Intellectual And Political Foundations And Future Self-Critical Directions, Margaret E. Montoya
Introduction: Latcrit Theory: Mapping It's Intellectual And Political Foundations And Future Self-Critical Directions, Margaret E. Montoya
Faculty Scholarship
The third annual gathering of LatCrit scholars has resulted in this cluster of essays and articles that continue the work of defining the foundations and the future directions of this legal scholarship movement. As described in some of the articles within this cluster, LatCrit has had the benefit of learning valuable lessons from other slightly older schools of critical legal theory, most particularly from the Critical Race Theory ("CRT") Workshop. The LatCrit movement has been strengthened because scholars identified primarily with CRT working with and alongside scholars identified primarily with LatCrit have struggled to recognize, name and address the hetero-normativity …
Testimony, Antoinette M. Sedillo Lopez
Measuring Gender Equity, Alfred Dennis Mathewson, Robert D. Rogers
Measuring Gender Equity, Alfred Dennis Mathewson, Robert D. Rogers
Faculty Scholarship
It is our intent to provide some insight into the development of compliance plans with an eye toward a university's athletic program policy. In Part I, we explore conventional attempts to measure relative demand and its use in litigated cases. In Part II, we describe the measurement instrument we used to conduct the empirical study. Our study is distinguished from conventional efforts in two respects.2 7 First, we did not seek to measure the number of athletes with interest and ability. Rather we sought to measure the relative amounts of athletic participation that would be consumed if a university satisfied …
Not Him, Sister's Stories & Teresita (Poems), Antoinette M. Sedillo Lopez
Not Him, Sister's Stories & Teresita (Poems), Antoinette M. Sedillo Lopez
Faculty Scholarship
No abstract provided.