University of Massachusetts Boston
Mitchell Hamline School of Law
Seattle University School of Law
Lewis & Clark Law School
University of Nevada, Las Vegas -- William S. Boyd School of Law
University of New Mexico - School of Law
Wilfrid Laurier University
Washington University in St. Louis
Textualism And The Indian Canons Of Statutory Construction,
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,
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,
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,
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,
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,
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
Table Of Contents,
2022
University of Montana
Editors And Staff Members,
2022
University of Montana
Legal Rights For Rivers,
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,
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,
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,
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,
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,
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,
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 ...
The Truth About Property,
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.
Bringing History Home: Strategies For The International Repatriation Of Native American Cultural Property,
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 ...
Doing Better For Indigenous Children And Families: Jordan’S Principle Accountability Mechanisms Report,
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),
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.
