Sovereignty, Safety, And Sandy: Tribal Governments Gain (Some) Equal Standing Under The Hurricane Sandy Relief Act,
2013
Seattle University School of Law
Sovereignty, Safety, And Sandy: Tribal Governments Gain (Some) Equal Standing Under The Hurricane Sandy Relief Act, Heidi Adams
American Indian Law Journal
No abstract provided.
August 2011 - August 2012 Case Law On American Indians,
2013
Seattle University School of Law
August 2011 - August 2012 Case Law On American Indians, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
An Unreserved Attack On Reserved Water Rights: The Story Of The San Carlos Apache Tribe's Water Rights (Or Lack Thereof),
2013
Seattle University School of Law
An Unreserved Attack On Reserved Water Rights: The Story Of The San Carlos Apache Tribe's Water Rights (Or Lack Thereof), Daniel Lee, Jacob J. Stender
American Indian Law Journal
No abstract provided.
Alaska Natives: Possessing Inherent Rights To Self-Governance And Self-Governing From Time Immemorial To Present Day,
2013
Seattle University School of Law
Alaska Natives: Possessing Inherent Rights To Self-Governance And Self-Governing From Time Immemorial To Present Day, Kristin Mccarrey
American Indian Law Journal
No abstract provided.
The Risks And Benefits Of Tribal Payday Lending To Tribal Sovereign Immunity: Tribal Payday Lending Enterprises Are Immune Under A Proposed Universal Arm Of The Tribe Test,
2013
Seattle University School of Law
The Risks And Benefits Of Tribal Payday Lending To Tribal Sovereign Immunity: Tribal Payday Lending Enterprises Are Immune Under A Proposed Universal Arm Of The Tribe Test, Bree Black Horse
American Indian Law Journal
No abstract provided.
Adoptive Couple V. Baby Girl: Two-And-A-Half Ways To Destroy Indian Law,
2013
University of South Carolina School of Law
Adoptive Couple V. Baby Girl: Two-And-A-Half Ways To Destroy Indian Law, Marcia A. Yablon-Zug
Michigan Law Review First Impressions
In December 2011, Judge Malphrus of the South Carolina family court ordered Matt and Melanie Capobianco to relinquish custody of Veronica, their two-year-old, adopted daughter, to her biological father, Dusten Brown. A federal statute known as the Indian Child Welfare Act ("ICWA") mandated Veronica's return. However, the court's decision to return Veronica pursuant to this law incited national outrage and strident calls for the Act's repeal. While this outrage was misplaced, it may nonetheless have influenced the U.S. Supreme Court's decision to hear the appeal. The case of Adoptive Couple v. Baby Girl is emotionally complicated, but it is not …
The Right To Counsel For Indians Accused Of Crime: A Tribal And Congressional Imperative,
2013
University of New Mexico School of Law
The Right To Counsel For Indians Accused Of Crime: A Tribal And Congressional Imperative, Barbara L. Creel
Michigan Journal of Race and Law
Native American Indians charged in tribal court criminal proceedings are not entitled to court appointed defense counsel. Under well-settled principles of tribal sovereignty, Indian tribes are not bound by Fifth Amendment due process guarantees or Sixth Amendment right to counsel. Instead, they are bound by the procedural protections established by Congress in the Indian Civil Rights Act of 1968. Under the Indian Civil Rights Act (ICRA), Indian defendants have the right to counsel at their own expense. This Article excavates the historical background of the lack of counsel in the tribal court arena and exposes the myriad problems that it …
Protecting Intangible Cultural Resources: Alternatives To Intellectual Property Law,
2013
Michigan State University College of Law
Protecting Intangible Cultural Resources: Alternatives To Intellectual Property Law, Gerald Carr
Michigan Journal of Race and Law
Cultural resources can be defined as "the tangible and intangible effects of an individual or group of people that define their existence, and place them temporally and geographically in relation to their belief systems and their familial and political groups, providing meaning to their lives." The field of cultural resources includes tangible items, such as land, sacred sites, and religious and finerary objects. The field also includes intangible knowledge and customs, such as tribal names, symbols, stories, and ecological, ethnopharmacological, religious, or other traditional knowledge. The tangible cultural resources of tribes can fall under the protection of statutes such as …
A Native Vision Of Justice,
2013
UCLA Law School
A Native Vision Of Justice, Carole Goldberg
Michigan Law Review
Although largely unheralded in its time, D'Arcy McNickle's The Surrounded has become a classic of Native American literature. When the University of New Mexico Press reissued the book in 1978, a year after McNickle's death, the director of Chicago's Newberry Library, Lawrence W. Towner, predicted (correctly) that it would "reach a far wider audience." Within The Surrounded are early stirrings of a literary movement that took flight several decades after the novel's first publication in the writings of N. Scott Momaday, Louise Erdrich, James Welch, Leslie Marmon Silko, and Gerald Vizenor, among others. All of these Native American authors share …
Procedural & Scheduling Order For Review Of Proposed Settlement Agreement & Partial Final Decree (Taos),
2013
University of New Mexico
Procedural & Scheduling Order For Review Of Proposed Settlement Agreement & Partial Final Decree (Taos), Usdc, Dcnm
Native American Water Rights Settlement Project
Court Procedural and Scheduling Order for Review of Proposed Settlement Agreement and Partial Final Judgment and Decree [Doc. No. 5548]: Entered Mar. 11, 2013 by USDC, DCNM, Nos. 69cv07895 Rio Pueblo de Taos Adjudication & 69cv07939 Rio Hondo Adjudication (Consolidated). Taos Pueblo Indian Water Rights Settlement Act enacted as Title V of the Claims Resolution Act of 2010, Pub. L. No. 111-291, 124 Stat. 3064, 3122-34 (2010). Court grants July 29, 2011 joint motion [Doc. No. 5492] of settlement parties for approval of procedures for providing notice of Settlement Agreement and proposed decree and judgment; and, conducting inter se proceeding …
Indigenous Restitution In Settling Water Claims: The Developing Cultural And Commercial Redress Opportunities In Aotearoa, New Zealand,
2013
University of Washington School of Law
Indigenous Restitution In Settling Water Claims: The Developing Cultural And Commercial Redress Opportunities In Aotearoa, New Zealand, Jacinta Ruru
Washington International Law Journal
Water is important to all peoples, including indigenous peoples. In recent years, the government in Aotearoa, New Zealand has utilized various cultural redress-type legal mechanisms to recognize and revive the importance of water to the Maori people’s identity, health, and wellbeing. These mechanisms create revolutionary modern opportunities for Maori to participate in the decision-making of how specific waters are used and protected. In particular, the negotiated agreements for the Te Arawa Lakes, and the Waikato, Waipa, and Whanganui rivers are studied in this article as prominent examples of how the government has agreed to, for example, co-management regimes. With the …
Protecting The Spiritual Beliefs Of Indigenous Peoples—Australian Case Studies,
2013
University of Washington School of Law
Protecting The Spiritual Beliefs Of Indigenous Peoples—Australian Case Studies, Michael Blakeney
Washington International Law Journal
This article examines the extent to which the spiritual beliefs of Aboriginal and Torres Strait Islander Peoples are protected under current Australian law. The first significant recognition by the High Court of Australia of the legal rights of indigenous peoples was in relation to native title over real property. As those peoples define their status and society by reference to their relationship with the land, this article considers the ultimately unsuccessful attempt to protect their spiritual beliefs as an incident of native title law. It reviews a line of intellectual property cases which have been a more fruitful source of …
Introduction,
2013
University of Washington School of Law
Introduction, Jonathan A. Franklin
Washington International Law Journal
The four articles in this issue all contribute to the dialogue surrounding the intersection of indigenous people’s rights within international law and domestic actions that conflict with those rights. While the UNDRIP and other international law instruments are explicit about how states should act towards indigenous populations, in many cases these international instruments conflict with domestic law. There are several reasons for this discrepancy, including states’ self-interest, paternalism, and lack of resources needed to address both national concerns and the rights of indigenous peoples.
The Struggle For Laws Of Free, Prior, And Informed Consultation In Peru: Lessons And Ambiguities In The Recognition Of Indigenous Peoples,
2013
University of Washington School of Law
The Struggle For Laws Of Free, Prior, And Informed Consultation In Peru: Lessons And Ambiguities In The Recognition Of Indigenous Peoples, Elizabeth Salmón G.
Washington International Law Journal
Despite the fact that Peru ratified ILO Convention 169 on December 2, 1993 and was therefore bound by those dispositions, it adopted public policies without consulting indigenous people. This lack of dialogue led to social conflict over the management of natural resources. In June 2009, a violent episode of social unrest emerged in the provinces of Bagua and Utcubamba during the government of Alan García after the entry into force of the United States-Peru Trade Promotion Agreement (“PTPA”). Indigenous people believed that PTPA aimed to sacrifice rainforest conservation for oil and mining exploitation. In this context, indigenous people grew frustrated …
Respecting Democratic Constitutional Change,
2013
Osgoode Hall Law School of York University
Respecting Democratic Constitutional Change, Craig M. Scott
Commissioned Reports, Studies and Public Policy Documents
On Monday, January 28, 2013, I was privileged to table, on behalf of the NDP and in my capacity as Official Opposition Critic for Democratic and Parliamentary Reform, Bill C-470, An Act Respecting Democratic Constitutional Change. On the same day, my colleague Romeo Saganash, NDP Critic for Aboriginal Intergovernmental Affairs, tabled Bill C-469 that would require Canadian law and practice to respect the United Nations Declaration on the Rights of Indigenous Peoples. In this way, on that day, the New Democratic Party was making sure that Canadians know that our party sees the building and nurturing of sustainable and cooperative …
Undrip And The Intervention: Indigenous Self-Determination, Participation, And Racial Discrimination In The Northern Territory Of Australia,
2013
University of Washington School of Law
Undrip And The Intervention: Indigenous Self-Determination, Participation, And Racial Discrimination In The Northern Territory Of Australia, Anna Cowan
Washington International Law Journal
The adoption of the United Nations Declaration on the Rights of Indigenous Peoples (“UNDRIP”) by the General Assembly in 2007 was a landmark achievement in the development of indigenous rights under international law, particularly through its unequivocal recognition of indigenous peoples’ right to self-determination. That same year, Australia launched a comprehensive Intervention into Aboriginal communities in the Northern Territory, which purported to safeguard important human rights but was heavily criticized for its discriminatory and non-consultative approach. This article explores the meaning of self-determination under international law, now that the long debate over whether indigenous peoples are “peoples” has finally been …
The Right To Counsel For Indians Accused Of Crime: A Tribal And Congressional Imperative,
2013
University of New Mexico - School of Law
The Right To Counsel For Indians Accused Of Crime: A Tribal And Congressional Imperative, Barbara L. Creel
Faculty Scholarship
Native American Indians charged in tribal court criminal proceedings are not entitled to court appointed defense counsel. Under well-settled principles of tribal sovereignty, Indian tribes are not bound by Fifth Amendment due process guarantees or Sixth Amendment right to counsel. Instead, they are bound by the procedural protections established by Congress in the Indian Civil Rights Act of 1968. Under the Indian Civil Rights Act (ICRA), Indian defendants have the right to counsel at their own expense. This Article excavates the historical background of the lack of counsel in the tribal court arena and exposes the myriad problems that it …
Uncounseled Tribal Court Guilty Pleas In State And Federal Courts: Individual Rights Versus Tribal Self-Governance,
2013
University of Michigan Law School
Uncounseled Tribal Court Guilty Pleas In State And Federal Courts: Individual Rights Versus Tribal Self-Governance, Christiana M. Martenson
Michigan Law Review
Indian tribes in the United States are separate sovereigns with inherent self-governing authority. As a result, the Bill of Rights does not directly bind the tribes, and criminal defendants in tribal courts do not enjoy the protection of the Sixth Amendment right to counsel. In United States v. Ant, a defendant - without the legal assistance that a state or federal court would have provided - pled guilty to criminal charges in tribal court. Subsequently, the defendant faced federal charges arising out of the same events that led to the tribal prosecution. The Ninth Circuit in Ant barred the federal …
Extreme Rubber-Stamping: The Fee-To-Trust Process Of The Indian Reorganization Act Of 1934,
2013
Pepperdine University
Extreme Rubber-Stamping: The Fee-To-Trust Process Of The Indian Reorganization Act Of 1934, Kelsey J. Waples
Pepperdine Law Review
In recognition of the massive loss of Indian territory since the European “discovery” of America, the Indian Reorganization Act of 1934 provides a process whereby Indian tribes can expand their reservations by applying to have additional land placed into trust for their benefit. This process, known as the fee-to-trust process, is the subject of fervent opposition by many affected communities because once taken into trust for a tribe, such land is no longer subject to state and local taxation or zoning, planning, and other regulatory controls. Accordingly, this Comment explores the efficacy of the fee-to-trust process by analyzing the Pacific …
A Testament To Power: Mary Woolsey And Dolores Rodriguez As Trial Witnesses In Arizona's Early Statehood,
2013
University of Nebraska-Lincoln
A Testament To Power: Mary Woolsey And Dolores Rodriguez As Trial Witnesses In Arizona's Early Statehood, Katrina Jagodinsky
Department of History: Faculty Publications
In 1913, two women made history when they testified before the all-white, all-male jury of the Superior Court of Yavapai County in the State of Arizona v. Juan Fernandez murder trial. Mary Woolsey, an elderly Yavapai widow, and Dolores Rodriguez, a Mexican single mother of three, established the legal precedent for allowing non-English-speaking, non-citizen women to testify in state courts in Arizona when many other western states still did not grant such privileges to indigenous residents. Woolsey and Rodriguez showed that Arizona's indigenous population were competent, if somewhat problematic, members of Arizona's body politic, and their historic involvement in the …
