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All Articles in Indigenous, Indian, and Aboriginal Law

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Textualism And The Indian Canons Of Statutory Construction, Alex Tallchief Skibine 2022 University of Utah S.J. Quinney College of Law

Textualism And The Indian Canons Of Statutory Construction, Alex Tallchief Skibine

University of Michigan Journal of Law Reform

When interpreting statutes enacted for the benefit or regulation of Indians or construing treaties signed with Indian nations, courts are supposed to apply any of five specific canons of construction relating to Indian Affairs. Through examining the modern line of Supreme Court cases involving statutory or treaty interpretation relating to Indian nations, this Article demonstrates that the Court has generally been faithful in applying canons relating to treaty interpretation or abrogation. The Court has also respected the canon requiring unequivocal expression of congressional intent before finding an abrogation of tribal sovereign immunity. However, there are two other canons that the ...


Treaty-Based Climate Change Claims: Litigation Pathways In The Face Of Cultural Devastation, Kirsten D. Gerbatsch 2022 University of Montana

Treaty-Based Climate Change Claims: Litigation Pathways In The Face Of Cultural Devastation, Kirsten D. Gerbatsch

Public Land & Resources Law Review

No abstract provided.


Do It For The Kids: Protecting Future Generations From Climate Change Impacts And Future Pandemics In Maryland Using An Environmental Rights Amendment, Johanna Adashek 2022 University of Montana

Do It For The Kids: Protecting Future Generations From Climate Change Impacts And Future Pandemics In Maryland Using An Environmental Rights Amendment, Johanna Adashek

Public Land & Resources Law Review

No abstract provided.


Youth And Indigenous Voices In Climate Justice: Leveraging Best Practices From U.S. And Canadian Litigation, Randall S. Abate 2022 University of Montana

Youth And Indigenous Voices In Climate Justice: Leveraging Best Practices From U.S. And Canadian Litigation, Randall S. Abate

Public Land & Resources Law Review

No abstract provided.


Water Justice Under The Big Sky: Locating A Human Right To Water In Montana Law, Abigail R. Brown 2022 University of Montana

Water Justice Under The Big Sky: Locating A Human Right To Water In Montana Law, Abigail R. Brown

Public Land & Resources Law Review

No abstract provided.


A Judicial Duty: Interpreting And Enforcing Montanan's Inalienable Right To A Clean And Healthful Environment, Nate Bellinger, Roger Sullivan 2022 University of Montana

A Judicial Duty: Interpreting And Enforcing Montanan's Inalienable Right To A Clean And Healthful Environment, Nate Bellinger, Roger Sullivan

Public Land & Resources Law Review

No abstract provided.


Letter To The Reader, 2022 University of Montana

Letter To The Reader

Public Land & Resources Law Review

No abstract provided.


Table Of Contents, 2022 University of Montana

Table Of Contents

Public Land & Resources Law Review

No abstract provided.


Editors And Staff Members, 2022 University of Montana

Editors And Staff Members

Public Land & Resources Law Review

No abstract provided.


Legal Rights For Rivers, Katie O'Bryan 2022 Monash University, Australia

Legal Rights For Rivers, Katie O'Bryan

Georgia Journal of International & Comparative Law

No abstract provided.


Checking Our Attachment To The Charter And Respecting Indigenous Legal Orders: A Framework For Charter Application To Indigenous Governments, Naiomi Metallic 2022 Dalhousie University Schulich School of Law

Checking Our Attachment To The Charter And Respecting Indigenous Legal Orders: A Framework For Charter Application To Indigenous Governments, Naiomi Metallic

Articles, Book Chapters, & Popular Press

No abstract provided.


Falling Through The Cracks: The American Indian Foster Care To Sexual Exploitation Pipeline And The Need For Expanded American Indian Community Services In Minnesota, Sadie Hart 2022 DePaul University

Falling Through The Cracks: The American Indian Foster Care To Sexual Exploitation Pipeline And The Need For Expanded American Indian Community Services In Minnesota, Sadie Hart

DePaul Journal for Social Justice

No abstract provided.


Fanon, Colonial Violence, And Racist Language In Federal American Indian Law, Joubin Khazaie 2022 University of Miami Law School

Fanon, Colonial Violence, And Racist Language In Federal American Indian Law, Joubin Khazaie

University of Miami Race & Social Justice Law Review

This Comment will argue that the racist language enshrined in foundational Supreme Court decisions involving Native tribes continuously enacts a form of colonial violence that seeks to preserve a white racial dictatorship. The paper will use Frantz Fanon’s scholarship on colonial violence and the dehumanization of Indigenous people as a framework to understand the history of legalized racism against Indigenous people in the United States. Fanon’s analysis allows us to understand how language is used to dehumanize Native people in order to establish a system of hierarchy that informs the societal roles of the colonizer and the colonized ...


Ninth Circuit Muddies The Waters Of Tribal Sovereign Immunity And The Clean Water Act In Deschutes River Alliance V. Portland Ge, Danielle Clifford 2022 University of Washington School of Law

Ninth Circuit Muddies The Waters Of Tribal Sovereign Immunity And The Clean Water Act In Deschutes River Alliance V. Portland Ge, Danielle Clifford

Washington Journal of Social & Environmental Justice

Throughout 2011 and 2012, members of the Deschutes River community who fish in the Lower Deschutes River in Oregon noticed a slew of significant changes to their natural environment. The Deschutes River Alliance attributed the changes to the operation of the Pelton Round Butte Hydraulic Project, which is co-owned and operated by Portland General Electric and The Confederated Tribes of the Warm Springs. In July 2016, DRA filed a Clean Water Act lawsuit against them. To rule on the alleged CWA violations, the DRA must first get past the tribal sovereign immunity hurdle. It is long-recognized that American Indian Nations ...


Indiana Jones And The Illicit Excavation And Trafficking Of Antiquities: Refining Federal Statutes To Strengthen Cultural Heritage Protections, Marina F. Rothberg 2022 Boston College Law School

Indiana Jones And The Illicit Excavation And Trafficking Of Antiquities: Refining Federal Statutes To Strengthen Cultural Heritage Protections, Marina F. Rothberg

Boston College Law Review

Most nations consider the protection of cultural material, such as historical monuments, archaeological sites, and antiquities, to be of utmost consequence. Yet, despite the near-universal importance of safeguarding cultural heritage, domestic protections for cultural material in the United States tend to be difficult to interpret. These ambiguities and gaps allow for continued exploitation and illicit trafficking of cultural heritage. This Note focuses on the legal structures in the United States that safeguard indigenous cultural material. After briefly discussing the rationale behind safeguarding objects of heritage, this Note explores the dominant federal statutes that protect cultural material: the National Historic Preservation ...


Preview—Oklahoma V. Castro-Huerta: A Test Of State And Tribal Sovereignty, Genevieve Antonioli Schmit 2022 Alexander Blewett III School of Law at the University of Montana

Preview—Oklahoma V. Castro-Huerta: A Test Of State And Tribal Sovereignty, Genevieve Antonioli Schmit

Public Land & Resources Law Review

Oklahoma v. Castro-Huerta challenges the reach of the United States Supreme Court’s landmark ruling in McGirt v. Oklahoma and tests the settled criminal jurisdiction scheme within Indian Country. On April 27, 2022, beginning at 10:00 a.m. EST., the U.S. Supreme Court will hear argument on the sole question of whether a state court has concurrent jurisdiction with a federal court to prosecute non-Indians who commit crimes against Indians in Indian country. The State of Oklahoma (“Petitioner”) argues that it has concurrent jurisdiction to prosecute such crimes. Castro-Huerta (“Respondent”) argues that the Court should adopt the current ...


Bringing History Home: Strategies For The International Repatriation Of Native American Cultural Property, Alec Johnson 2022 Penn State Dickinson Law

Bringing History Home: Strategies For The International Repatriation Of Native American Cultural Property, Alec Johnson

Dickinson Law Review

The theft of Native American cultural items has been ongoing since Europeans began to colonize the Americas. As a result, millions of Native American artifacts are now located outside the borders of the United States. Native American tribes have long sought international repatriation—the return of these cultural objects to their tribal owners. Unfortunately, many countries have been unsupportive of repatriation attempts and Native Americans seeking the return of their cultural items face nearly insurmountable barriers in foreign courts. The U.S. government has a moral imperative to assist Native American tribes in these repatriation efforts. The debate over repatriation ...


The Truth About Property, Jessica A. Shoemaker 2022 University of Nebraska College of Law

The Truth About Property, Jessica A. Shoemaker

Michigan Law Review

A Review of Federal Ground: Governing Property and Violence in the First U.S. Territories. By Gregory Ablavsky.


Doing Better For Indigenous Children And Families: Jordan’S Principle Accountability Mechanisms Report, Naiomi Metallic, Hadley Friedland, Shelby Thomas 2022 Dalhousie University Schulich School of Law

Doing Better For Indigenous Children And Families: Jordan’S Principle Accountability Mechanisms Report, Naiomi Metallic, Hadley Friedland, Shelby Thomas

Reports & Public Policy Documents

In Part 1 of this report, we attempt to summarize the long history that forms the context of the need for independent accountability measures to meaningfully address the discrimination identified by the CHRT in Caring Society and prevent similar practices in the future. Drawing from this context, in Part 2, we set out what we identify as 10 key accountability needs of Indigenous children and families that must be addressed in order to provide effective accountability. Finally, in Part 3, we discuss features of effective accountability mechanisms and propose three interconnected mechanisms that we believe address the accountability needs. Any ...


Jemez Pueblo Tribal Court Handbook (2022), Tribal Law Journal Staff 2022 University of New Mexico

Jemez Pueblo Tribal Court Handbook (2022), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.


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