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Indigenous, Indian, and Aboriginal Law Commons

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Law Of The Land: The Continuing Legacy Of Indian Law's Racist Roots And Its Impact On Native American Land Rights, Maggie Lohmann 2023 West Virginia University College of Law

Law Of The Land: The Continuing Legacy Of Indian Law's Racist Roots And Its Impact On Native American Land Rights, Maggie Lohmann

West Virginia Law Review

Throughout American history, inhumane treatment of Native nations has been legalized through treaties, court cases, and legislation. Confiscating Native land, treating Native Americans as second-class citizens, and breaking government promises to Native nations has been justified with racist stereotypes about Native Americans. Although some may believe that such atrocities only occurred in the past, this belief is unfounded. This Note examines the structural racism that supports Federal Indian Law through treaties with Native nations, racist Supreme Court Indian law opinions, and legislation that allowed the seizure of Native land. The lasting legacy of this structural racism is explored through recent …


The Role Of Traditional Environmental Knowledge In Planetary Well-Being, Deborah McGregor, Danika Billie Littlechild, Mahisha Sritharan 2023 Osgoode Hall Law School of York University

The Role Of Traditional Environmental Knowledge In Planetary Well-Being, Deborah Mcgregor, Danika Billie Littlechild, Mahisha Sritharan

Articles & Book Chapters

No abstract provided.


Sacrificing Sovereignty: How Tribal-State Tax Compacts Impact Economic Development In Indian Country, Pippa Browde 2022 Alexander Blewett III School of Law at the University of Montana

Sacrificing Sovereignty: How Tribal-State Tax Compacts Impact Economic Development In Indian Country, Pippa Browde

Faculty Law Review Articles

Economic development is a critical component of tribal sovereignty. When a state asserts taxing authority within Indian Country, there is potential for overlapping, or juridical, taxation over the same transaction. Actual or even potential juridical taxation threatens economic development opportunities for tribes. For many years, tribes and states have entered into intergovernmental agreements called tax compacts to reduce or eliminate juridical taxation. Existing literature has done little more than mention tax compacts with cursory cost-benefit analyses of the agreements. This is the first Article to critically examine the role tax compacts serve in promoting tribes’ economic development.

This Article analyzes …


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 …


Indigenous Peoples In Canada: A Bibliography Of Legal And Other Works To 1994, Kristen Clark, Leslie Haddock, Kent McNeil 2022 Osgoode Hall Law School of York University

Indigenous Peoples In Canada: A Bibliography Of Legal And Other Works To 1994, Kristen Clark, Leslie Haddock, Kent Mcneil

All Papers

No abstract provided.


Climate Change And Indigenous Groups: The Rise Of Indigenous Voices In Climate Litigation, Maria Antonia Tigre 2022 Columbia Law School, Sabin Center for Climate Change Law

Climate Change And Indigenous Groups: The Rise Of Indigenous Voices In Climate Litigation, Maria Antonia Tigre

Sabin Center for Climate Change Law

Climate change’s pervasive human rights impacts on populations worldwide are widespread and now widely known. One avenue to address these human rights impacts is the growth of rights-based climate litigation. There are now hundreds of cases worldwide grounded on human rights claims. However, less attention has been brought to how vulnerable groups are disproportionally affected by climate change. Indigenous groups, in particular, are disproportionately affected by climate change due to their connection to their land and dependence on their ecosystems. To increase global attention and seek legal remedies to address how Indigenous communities are impacted by climate change, Indigenous groups …


Native America: Universities As Quasi-Cities, Sovereignty And The Power To Name, Victoria Sutton 2022 Texas Tech University

Native America: Universities As Quasi-Cities, Sovereignty And The Power To Name, Victoria Sutton

American Indian Law Journal

Universities as quasi-cities have an obligation to reflect on their educational mission, and public universities have a responsibility to Native America through the unique federal trust responsibility owed to Native Nations by the federal government. The naming of buildings and transitioning to responsible adulthood requires universities, administrators, and students to reflect on who we were, who we are now, and whom we hope to be. Collaborative efforts to work with Native Nations should be undertaken with regard to naming issues.

Sovereigns possess power to control historical narratives and outcomes through their sovereign power to (1) name geographical places; (2) protect …


The Digital Isolation Of Indigenous Communities, Myranda Buiquy 2022 Seattle University School of Law

The Digital Isolation Of Indigenous Communities, Myranda Buiquy

American Indian Law Journal

The crude mistreatment of the tribes across America has continued to undermine Indigenous wealth and empowerment, leaving many Native people without proper housing, education, running water, healthcare, and telecommunications services. Tribes are forced to advocate for themselves to the federal government, instead of receiving support and compensation for generations of colossal exploitation.The federal government continues to breach their responsibility in protecting tribal treaty rights and must assume responsibility in closing an economic divide that has only worsened due to the pandemic.

Indigenous communities continue to endure disadvantaged living conditions, leaving their people without adequate resources. In addition, this vulnerable demographic …


A Jurisprudential Quilt Of Tribal Civil Jurisdiction: An Analysis Of Tribal Court Approaches To Determining Civil Adjudicatory Jurisdiction, Jacob Maiman-Stadtmauer 2022 Seattle University School of Law

A Jurisprudential Quilt Of Tribal Civil Jurisdiction: An Analysis Of Tribal Court Approaches To Determining Civil Adjudicatory Jurisdiction, Jacob Maiman-Stadtmauer

American Indian Law Journal

In 1998, Tammy Lang embezzled approximately $8,000 from the Ho-Chunk Nation’s child daycare. Lang was a non-Indianemployed by the tribe as the Director for the Ho-Chunk Nation’s Head Start program. However, instead of supporting the children of the tribe, she abused her position to steal the tribe’s money to start her own business. The FBI declined to prosecute Lang, and the Ho-Chunk Nation could not prosecute Lang. As a result, the Ho-Chunk Nation was left with few choices: it could let this injustice stand; it could attempt recovery in state or federal court, subjecting itself to the laws of another …


Education Administration In Federal Indian Law: Learning From A Colonial Project Turned Tool Of Liberation, Ariel Liberman, Douglas L. Waters Jr. 2022 Seattle University School of Law

Education Administration In Federal Indian Law: Learning From A Colonial Project Turned Tool Of Liberation, Ariel Liberman, Douglas L. Waters Jr.

American Indian Law Journal

While statistics tend to focus on the difficulties facing tribal education, this article endeavors to look at the matter with fresh eyes. The federal administrative paradigm governing tribal schools has gone from a tool of cultural genocide to a mechanism for empowerment. A survey of recent governmental reforms demonstrates an embrace of the diversity of Indigenous communities, an interest in empowering students through learning, and an acknowledgement of a history of active disenfranchisement. This is ever-evolving federal-tribal relationship shows the administrative state’s capacity for dealing with greatly nuanced community needs and for tailor-making reforms to achieve concrete goals, even if …


Bibliography On Indigenous Rights In Canada, 1995-2022, Leslie Haddock, Kent McNeil 2022 Osgoode Hall Law School of York University

Bibliography On Indigenous Rights In Canada, 1995-2022, Leslie Haddock, Kent Mcneil

All Papers

No abstract provided.


The Youth Inferno: Two-Way Working On Ancestral Lands, Pamela Nathan 2022 CASSE, Melbourne, Australia

The Youth Inferno: Two-Way Working On Ancestral Lands, Pamela Nathan

New England Journal of Public Policy

In this article I present some of the work of Creating a Safe and Supportive Environment (CASSE) in Central Australia, Northern Territory, with the youth in the justice system, referring to our dual cultural and therapeutic program Shields for Living, Tools for Life. Psychoanalytic concepts and tools that have informed the work and transformed the trauma landscape are detailed. The work is at the epicenter of anger, concern, and politics in Central Australia and this epicenter has been named the “youth crisis.” It is a journey of feeling the heat, of being on a rollercoaster ride in a landscape of …


Integrating Doctrine And Diversity Speaker Series: Integrating Content On American Indian Law And Indigenous Identities, Roger Williams University School of Law 2022 Roger Williams University

Integrating Doctrine And Diversity Speaker Series: Integrating Content On American Indian Law And Indigenous Identities, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Wise Practices: Indigenous-Settler Relations In Laurentian Great Lakes Fishery Governance And Water Protection, Kate J. Mussett, Susan Bell Chiblow, Deborah McGregor, Rod Whitlow, Ryan Lauzon, Kaitlin Almack, Nicholas Boucher, Alexander T. Duncan, Andrea J. Reid 2022 University of British Columbia, Institute for the Oceans and Fisheries, Centre for Indigenous Fisheries

Wise Practices: Indigenous-Settler Relations In Laurentian Great Lakes Fishery Governance And Water Protection, Kate J. Mussett, Susan Bell Chiblow, Deborah Mcgregor, Rod Whitlow, Ryan Lauzon, Kaitlin Almack, Nicholas Boucher, Alexander T. Duncan, Andrea J. Reid

Articles & Book Chapters

Ongoing tensions between Indigenous and non-Indigenous communities working in support of the protection and management of fish and water in North America have necessitated a shift from current structures towards relationships built upon and driven by respect, relevance, reciprocity, and responsibility. Similarly, the cumulative and evolving effects of climate change, industrialization, resource extraction, and displacement of Indigenous Peoples from their traditional and contemporary lands and waters requires purposeful application of decolonizing methods in aquatic systems management and protection, which in turn aids in the re-establishment of agency to Indigenous Peoples. This article endeavors to outline critical differences in ‘best …


Reflections On The Restatement Of The Law Of American Indians, Matthew L.M. Fletcher 2022 University of Washington School of Law

Reflections On The Restatement Of The Law Of American Indians, Matthew L.M. Fletcher

Washington Law Review

No abstract provided.


Protection For Indian Sacred Sites, William A. Fletcher 2022 U.S. Court of Appeals for the Ninth Circuit

Protection For Indian Sacred Sites, William A. Fletcher

Washington Law Review

No abstract provided.


Why Our Stories Matter: A Perspective On The Restatement From The State Bench, Raquel Montoya-Lewis 2022 Supreme Court of Washington

Why Our Stories Matter: A Perspective On The Restatement From The State Bench, Raquel Montoya-Lewis

Washington Law Review

No abstract provided.


Bringing Congress And Indians Back Into Federal Indian Law: The Restatement Of The Law Of American Indians, Kirsten Matoy Carlson 2022 Wayne State University Law School

Bringing Congress And Indians Back Into Federal Indian Law: The Restatement Of The Law Of American Indians, Kirsten Matoy Carlson

Washington Law Review

Congress and Native Nations have renegotiated the federal-tribal relationship in the past fifty years. The courts, however, have failed to keep up with Congress and recognize this modern federal-tribal relationship. As a result, scholars, judges, and practitioners often characterize federal Indian law as incoherent and inconsistent. This Article argues that the Restatement of the Law of American Indians retells federal Indian law to close the gap between statutory and decisional law. It realigns federal Indian law with the modern federal-tribal relationship negotiated between Congress and tribal governments. Consistent with almost a half-century of congressional law and policy, the Restatement clarifies …


Tribal Sovereignty And Economic Efficiency Versus The Courts, Robert J. Miller 2022 Sandra Day O'Connor College of Law, Arizona State University

Tribal Sovereignty And Economic Efficiency Versus The Courts, Robert J. Miller

Washington Law Review

American Indian reservations are the poorest parts of the United States, and a higher percentage of Indian families across the country live below the poverty line than any other ethnic or racial sector. Indian nations and Indian peoples also suffer from the highest unemployment rates in the country and have the highest substandard housing rates. The vast majority of the over three hundred Indian reservations and the Alaska Native villages do not have functioning economies. This lack of economic activity starves tribal governments of the tax revenues that governments need to function. In response, Indian nations create and operate business …


Off-Reservation Treaty Hunting Rights, The Restatement, And The Stevens Treaties, Ann E. Tweedy 2022 University of South Dakota Knudson School of Law

Off-Reservation Treaty Hunting Rights, The Restatement, And The Stevens Treaties, Ann E. Tweedy

Washington Law Review

The underdevelopment of the law of off-reservation treaty hunting and gathering poses challenges for treatises like the groundbreaking Restatement of the Law of American Indians (“Restatement”). With particular attention to sections 83 and 6 of the Restatement, this Article explores those challenges and offers some solutions for dealing with them in subsequent editions of the Restatement. Specifically, this Article explores the potential usefulness of historical law in interpreting treaties, the need to tie treaty interpretation to the language of the treaty when an explicit right is at issue, the proper application of the reserved rights doctrine and the Indian canons, …


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