Indigenous, Indian, and Aboriginal Law Commons^™

House Republicans Add Insult To Native Women’S Injury, Ryan Devreskracht

University of Miami Race & Social Justice Law Review

No abstract provided.

Adopted Couple V. Baby Girl: Erasing The Last Vestigates Of Human Property, James G. Dwyer

Faculty Publications

No abstract provided.

Environmental Protection Agency Consultations With Indian Tribes: An Intercultural Struggle Over Process Of 'Consent', Denise Scannell Guida

Publications and Research

On November 6, 2000, President Bill Clinton signed his final executive order on

Consultation and Coordination with Tribal Governments. It was his last attempt to establish meaningful consultation processes with American Indians in the development of federal environmental policies. Based on ongoing environmental issues between the two cultures and the rising concern for environmental justice, the United States government wanted to identify the necessary improvements in communication and coordination among tribal and federal environmental programs, specifically regarding issues of information exchange, and creating partnerships among stakeholders. An analysis of the executive order, and a case study of the U.S. …

Best V. Tribe, 2013-Ap-10 (Blkft Tr. Ct. App., June 5, 2013), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet Tribal Court of Appeals, the Court ordered a Writ of Habeas Corpus, for a defendant arrested and held under tribal public intoxication ordinances, because:

1. Bond for public intoxication is “Own Recognizance” therefore the defendant is released on OR;

1. The Blackfeet tribal Business council has the legal authority to promulgate Public Intoxication Ordinance 107;

1. The Blackfeet tribal Complaint and Summons were sufficient as the officer certified under oath that the defendant committed the offense; and

1. The Blackfeet Tribal Court of Appeals has no jurisdiction over BIA Facilities.

The Kolla Of Argentina: Neoliberal Trends And The Promise Of Law In The Process Of Reframing, Claiming And Maintaining Land Rights, Courtney C. Nussbaumer

The Macalester Review

Indigenous groups around the world have faced countless hardships—the Kolla of northwestern Argentina are no exception. While there is no doubt that the Kolla are a minority group both oppressed and marginalized, they have only recently begun to reconceptualize themselves as indigenous. Kolla identity struggles coupled with larger Latin American trends explained below make the Kolla an excellent case study to conceptualize the larger struggle between neoliberal governments and indigenous employment of international legal norms. Processes of legal globalization have led to the increasing codification of the collective rights of indigenous peoples in Latin America. This can be seen in …

The Kolla Of Argentina: Neoliberal Trends And The Promise Of Law In The Process Of Reframing, Claiming And Maintaining Land Rights, Courtney C. Nussbaumer

The Macalester Review

Indigenous groups around the world have faced countless hardships—the Kolla of northwestern Argentina are no exception. While there is no doubt that the Kolla are a minority group both oppressed and marginalized, they have only recently begun to reconceptualize themselves as indigenous. Kolla identity struggles coupled with larger Latin American trends explained below make the Kolla an excellent case study to conceptualize the larger struggle between neoliberal governments and indigenous employment of international legal norms. Processes of legal globalization have led to the increasing codification of the collective rights of indigenous peoples in Latin America. This can be seen in …

Evidence Issues In Indian Law Cases, Taylor S. Fielding

American Indian Law Journal

No abstract provided.

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.

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.

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.

Fishable Waters, Catherine A. O'Neill

American Indian Law Journal

No abstract provided.

August 2011 - August 2012 Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.

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.

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, 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, 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, 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), 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, 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, 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 …