Law School A Wellspring Of Future U.S Leaders,
2012
University of New Mexico - School of Law
Law School A Wellspring Of Future U.S Leaders, Kevin Washburn
Faculty Scholarship
People sometimes ask me if our country has too many lawyers. Well, yes, and it has led to our success. Trust is based on the best judicial system in the world and a strong commitment to the rule of law.
The Violence Against Women Act, Federal Criminal Jurisdiction, And Indian Tribal Courts ,
2012
Brigham Young University Law School
The Violence Against Women Act, Federal Criminal Jurisdiction, And Indian Tribal Courts , Paul J. Larkin Jr., Joseph Lupino-Esposito
Brigham Young University Journal of Public Law
No abstract provided.
Summer 2012 Utton Center Newsletter,
2012
University of New Mexico
Summer 2012 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Publications
No abstract provided.
Agenda: A Low-Carbon Energy Blueprint For The American West,
2012
University of Colorado Law School
Agenda: A Low-Carbon Energy Blueprint For The American West, University Of Colorado Boulder. Natural Resources Law Center, University Of Colorado Boulder. Renewable And Sustainable Energy Institute, Western Resource Advocates, Rocky Mountain Research Station (Fort Collins, Colo.)
A Low-Carbon Energy Blueprint for the American West (Martz Summer Conference, June 6-8)
The future of the planet may depend upon our ability to increase energy supplies even as we reduce carbon emissions. This conference will address how a low-carbon energy program might evolve with a particular focus on the American West. It will focus on the future of energy in the West--on a “managed transition” to a different energy mix, on the need to nest this effort in a framework that acknowledges interconnections, and on identifying the most salient opportunities to consider the legal, political, financial, and technical challenges.
Foreign Investment And Indigenous Peoples: Options For Promoting Equilibrium Between Economic Development And Indigenous Rights,
2012
Lewis & Clark Law School
Foreign Investment And Indigenous Peoples: Options For Promoting Equilibrium Between Economic Development And Indigenous Rights, George K. Foster
Michigan Journal of International Law
The quotations above refer to distinct conflicts that are widely separated by time and geography but remarkably similar in other respects. The first describes events leading to the Black Hills War of 1876, in which the U.S. Army forced the Lakota Sioux and Northern Cheyenne onto reservations to make way for gold mining by non-Indians. The second describes a violent episode in a conflict between native groups and the Peruvian government, which began in 2009 when the government took steps to expand mining and oil operations by multinational enterprises (MNEs) in the Peruvian Amazon. In both cases, outside commercial interests …
American Indian Water Right Settlements,
2012
University of New Mexico
American Indian Water Right Settlements, Darcy Bushnell
Publications
No abstract provided.
Embracing Tribal Sovereignty To Eliminate Criminal Jurisdiction Chaos,
2012
University of Michigan Law School
Embracing Tribal Sovereignty To Eliminate Criminal Jurisdiction Chaos, Lindsey Trainor Golden
University of Michigan Journal of Law Reform
This Note argues that the current federal laws regarding tribal criminal jurisdiction are contrary to existing policies that recognize inherent tribal sovereignty, and that to fully restore tribal sovereignty and reduce reservation crime rates, Congress should revise the MCA and the TLOA to comprehensively address the legal barriers that adversely affect tribes' ability to prosecute crimes committed within their geographic borders. Part I outlines the historical progression of laws addressing criminal jurisdiction in Indian Country and identifies the problems with the law's disregard and displacement of tribal sovereignty. Part II examines the current state of criminal jurisdiction on reservations-focusing on …
Intellectual Property, Traditional Knowledge, And Biodiversity In The Global Economy: The Potential Of Geographical Indications For Protecting Traditional Knowledge-Based Agricultural Products,
2012
Dalhousie University Schulich School of Law
Intellectual Property, Traditional Knowledge, And Biodiversity In The Global Economy: The Potential Of Geographical Indications For Protecting Traditional Knowledge-Based Agricultural Products, Teshager W. Dagne
PhD Dissertations
The relationship between international regimes regulating intellectual property, traditional knowledge and biodiversity has received much attention in recent times. Of the many complex and controversial issues in contemporary international legal discourse on this matter, the protection of traditional knowledge (TK) stands out as a significant challenge. Choices abound in the search for modalities to regulate rights to use and control TK systems and their underlying biodiversity. In recent times, the protection of geographical indications (GIs) has emerged as an option for protecting TK. Despite the considerable enthusiasm over it, there is appreciable research dearth on how far and in what …
Tribes, Land, And The Environment, 1d,
2012
American University Washington College of Law
Tribes, Land, And The Environment, 1d, Sarah Krakoff, Ezra Rosser
Books
Legal and environmental concerns related to Indian law and tribal lands remain an understudied branch of both indigenous law and environmental law. Native American tribes have a far more complex relationship with the environment than is captured by the stereotype of Indians as environmental stewards. Meaningful tribal sovereignty requires that non-Indians recognize the right of Indians to determine their own relationship to the land and the environment. But tribes do not exist in a vacuum: in fact they are deeply affected by off-reservation activities and, similarly, tribal choices often have effects on nearby communities. This book brings together diverse essays …
Tribes As Conservation Easement Holders: Is A Partial Property Interest Better Than None?,
2012
University of Miami School of Law
Tribes As Conservation Easement Holders: Is A Partial Property Interest Better Than None?, Jessica Owley
Contributions to Books
Published as Chapter 8 in Tribes, Land, and the Environment, Sarah Krakoff & Ezra Rosser.
Agenda: A Life Of Contributions For All Time: Symposium In Honor Of David H. Getches,
2012
University of Colorado Law School
Agenda: A Life Of Contributions For All Time: Symposium In Honor Of David H. Getches, University Of Colorado Boulder. School Of Law, University Of Colorado Law Review
A Life of Contributions for All Time: Symposium in Honor of David H. Getches (April 26-27)
On April 26-27, 2012, Colorado Law honored David H. Getches with a symposium to celebrate his life and legacy of trailblazing scholarship. “A Life of Contributions for All Time” featured a keynote address by Distinguished Professor Charles Wilkinson entitled, “Hero for the People, Hero for the Land and Water: Reflections on the Enduring Contributions of David Getches.” Top scholars in the fields of natural resources, water, and American Indian law reflected on Dean Getches’ contributions and their own insights into these fields, including Professor John Leshy, John Echohawk, Professor Carole Goldberg, Professor Joe Sax, Professor Rebecca Tsosie, Justice Greg Hobbs, …
New Mexico Ex Rel. State Engineer V. Aamodt, No. 66cv6639 (D.N.M.),
2012
University of New Mexico
New Mexico Ex Rel. State Engineer V. Aamodt, No. 66cv6639 (D.N.M.), New Mexico State Engineer
Publications
No abstract provided.
Making Peace The Old Fashioned Way: Infusing Traditional Tribal Practices Into Modern Adr ,
2012
Pepperdine University
Making Peace The Old Fashioned Way: Infusing Traditional Tribal Practices Into Modern Adr , Matt Arbaugh
Pepperdine Dispute Resolution Law Journal
Native Americans have their own unique traditional method of resolving disputes. Their processes, called peacemaking by some tribes, place the emphasis not on the guilt of the wrongdoer, but on restoring relationships and finding a solution that is amenable to all involved. This emphasis on saving the relationship has many similarities to current practices of mediation. Among the similar goals between mediation and peacemaking are the use of ADR allows both sides to reach a better conclusion and the desire to spend less money and to satisfy more people. However, this approach has critics who see it as another attempt …
Towards A Balanced Approach For The Protection Of Native American Sacred Sites,
2012
University of Utah S.J. Quinney College of Law
Towards A Balanced Approach For The Protection Of Native American Sacred Sites, Alex Tallchief Skibine
Michigan Journal of Race and Law
Protection of "sacred sites" is very important to Native American religious practitioners because it is intrinsically tied to the survival of their cultures, and therefore to their survival as distinct peoples. The Supreme Court in Oregon v. Smith held that rational basis review, and not strict scrutiny, was the appropriate level of judicial review when evaluating the constitutionality of neutral laws of general applicability even when these laws impacted one's ability to practice a religion. Reacting to the decision, Congress enacted the Relgious Freedom Restoration Act (RFRA), which reinstated the strict scrutiny test for challenges to neutral laws of general …
As Ye Sow, So Shall Ye Reap: Granting Maya Women Land Rights To Gain Maya Land Rights,
2012
William & Mary Law School
As Ye Sow, So Shall Ye Reap: Granting Maya Women Land Rights To Gain Maya Land Rights, Mariel Murray
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Effects Of Tribal Governments On Reservation Poverty Rates,
2012
Bemidji State University
The Effects Of Tribal Governments On Reservation Poverty Rates, Heather Raisch
Political Science Theses and Capstones
Poverty rates on Indian reservations are far higher than the national average. Since Tribal Governments have at least some control over these reservations, to what extent are they to blame for these higher than average poverty rates? I look at each reservation and their type of government, constitution, policies and demographics to analyze the causes of their poverty as it relates to tribal government. There are many other pieces of research that are similar to this, but none looking specifically at the overall effects the government has on its community. My hypothesis is that communities with higher poverty rates tend …
The Indigenous Legal Tradition As Foundational Law,
2012
University of New Mexico - School of Law
The Indigenous Legal Tradition As Foundational Law, Christine Zuni Cruz
Faculty Scholarship
This chapter is drawn from a transcribed joint presentation made by Christine Zuni Cruz (Isleta/Ohkay Owingeh) and Casey Douma (Laguna/Hopi-Tewa) at the Pueblo Convocation in April 2012 at Tamaya. Sections I, II and V are based on the presentation made by Christine Zuni Cruz; Sections III and IV summarize the presentation made by Casey Douma. Section VI combines the concluding thoughts of Zuni Cruz and Douma. Special thanks to Aaron Sims (Acoma Pueblo) for producing the computer images for Figures 1 and 4. Figures 1 and 4 are adapted illustrations created by Christine Zuni Cruz in an earlier article (Zuni …
Can Indian Tribes Sell Or Encumber Their Fee Lands Without Federal Approval?,
2012
Dorsey & Whitney LLP
Can Indian Tribes Sell Or Encumber Their Fee Lands Without Federal Approval?, Mark A. Jarboe, Daniel B. Watts
American Indian Law Journal
No abstract provided.
Goading A Reluctant Dinosaur: Mutual Recognition Agreements As A Policy Response To The Misappropriation Of Foreign Traditional Knowledge In The United States,
2012
Pepperdine University
Goading A Reluctant Dinosaur: Mutual Recognition Agreements As A Policy Response To The Misappropriation Of Foreign Traditional Knowledge In The United States, Paul Kuruk
Pepperdine Law Review
No abstract provided.
Native American Health Care: Is The Indian Health Care Reauthorization And Improvement Act Of 2009 Enough To Address Persistent Health Problems Within The Native American Community?,
2012
Washington and Lee University School of Law
Native American Health Care: Is The Indian Health Care Reauthorization And Improvement Act Of 2009 Enough To Address Persistent Health Problems Within The Native American Community?, Koral E. Fusselman
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
