Indigenous, Indian, and Aboriginal Law Commons^™

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.

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 …

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, 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?, 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, 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?, Koral E. Fusselman

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Alliance Between Payday Lenders And Tribes: Are Both Tribal Sovereignty And Consumer Protection At Risk?, Nathalie Martin, Joshua Schwartz

Washington and Lee Law Review

No abstract provided.

Of Justice Sotomayor And The Jicarilla Apache Nation: Slouching Toward Intellectual Honesty And The Canons Of Construction, Jeremy Stevens

American Indian Law Journal

No abstract provided.

The Public Nature Of Indian Reservation Roads, M. Brent Leonard

American Indian Law Journal

No abstract provided.

Enhancing Tribal Sovereignty By Protecting Indian Civil Rights: A Win-Win For Indian Tribes And Tribal Members, Rob Roy Smith

American Indian Law Journal

No abstract provided.

Gas Tax Agreements In Indian Country, Jonathan White

American Indian Law Journal

No abstract provided.

Justice Rehnquist’S Theory Of Indian Law: The Evolution From Mazurie To Atkinson – Where Did He Leave The Court?, Brenna Willott

American Indian Law Journal

No abstract provided.

"El Agua No Se Vende: Water Is Not For Sale!" The Latin American Water Tribunal As A Model For Advancing Access To Water, Mikita A. Weaver

Pepperdine Dispute Resolution Law Journal

At the international level, water is now understood to be a basic human right. However, conflict continues to intensify surrounding indigenous people's access to water as the resource becomes scarcer. In particular, this paper will examine the struggle of indigenous people in Latin America and the creation of the Latin American Water Tribunal (LAWT) as a solution. Section II will describe the LAWT, including the formation of the tribunal, case selection, and the structure of the public hearing. Section III will discuss both how the LAWT overcomes problems with the current legal system and the success of the tribunal as …

What's At Stake For Tribes? – The U.S. Department Of Justice Office Of Legal Counsel Opinion On Internet Gaming, Testimony Of Dean Kevin K. Washburn, Oversight Hearing Before The United States Senate Committee On Indian Affairs, 112th Congress, Second Session, Kevin Washburn

Faculty Scholarship

The recent opinion by the Office of Legal Counsel has created a lot of activity after years of uncertainty about the legality of Internet gaming in the United States. Internet gaming poses a threat of unknown magnitude to brick and mortar casinos, including Indian casinos. Because internet activities are difficult to regulate across state boundaries and national uniformity is likely to be more effective and more efficient than multiple state regulatory structures, Congress should federalize the regulation of Internet gaming. Congress should, however, consider the important role that Indian gaming has had in lifting the socioeconomic status of Indian people …

Slides: Air Quality - Oil And Gas Development, Paul R. Tourangeau

Air Quality Impacts from Oil and Gas Development (January 27)

Presenter: Paul Tourangeau, Assistant General Counsel, DCP Midstream, LP and former Director, Colorado Air Pollution Control Division, addresses regulatory requirements and policies related to air emissions from the oil and gas sector, including recent and current initiatives at the state and federal level

8 slides

Agenda: Air Quality Impacts From Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center

Air Quality Impacts from Oil and Gas Development (January 27)

Oil and gas development and hydraulic fracturing have received enormous attention over the past few years, and most of that attention has focused on the potential impacts of such development on water quality. However, the potential impacts on air quality from oil and gas development have received far less public and media attention and discussion. This two-hour program will assess the current scientific knowledge, regulatory requirements and policies regarding the impacts on air quality from oil and gas development and will address current initiatives at the state and national levels to further regulate and control those impacts.

Bringing Balance To Mid-North America: Restructuring The Sovereign Relationships Between Tribal Nations And The United States, Angelique Townsend Eaglewoman (Wambdi A. Wastewin)

University of Baltimore Law Review

No abstract provided.

Steps To Alleviating Violence Against Women On Tribal Lands, Anjum Unwala

University of Michigan Journal of Law Reform Caveat

One in three Native American women has been raped or has experienced an attempted rape. Federal officials also failed to prosecute 75% of the alleged sex crimes against women and children living under tribal authority. The Senate bill to reauthorize the 1994 Violence Against Women Act (VAWA) could provide appropriate recourse for Native American women who are victims of sexual assault. This bill (S. 1925), introduced in 2011, would grant tribal courts the ability to prosecute non-Indians who have sexually assaulted their Native American spouses and domestic partners. Congress has quickly reauthorized the Violence Against Women Act twice before. But …

Water Planning: An Opportunity For Managing Uncertainties At The Tribal-State Interface?, Stephen H. Greetham

Oklahoma Law Review

No abstract provided.