Protecting The Democratic Process In Indian Country Through Election Monitoring: A Solution To Tribal Election Disputes,
2012
University of Oklahoma College of Law
Protecting The Democratic Process In Indian Country Through Election Monitoring: A Solution To Tribal Election Disputes, Derek H. Ross
American Indian Law Review
No abstract provided.
Understanding The Value Of Judicial Diversity Through The Native American Lens,
2012
University of Oklahoma College of Law
Understanding The Value Of Judicial Diversity Through The Native American Lens, Paige E. Hoster
American Indian Law Review
No abstract provided.
Reliability, That Should Be The Question: The Constitutionality Of Using Uncounseled Tribal Court Convictions In Subsequent Federal Trials After Ant, Cavanaugh, And Shavanaux,
2012
University of Oklahoma College of Law
Reliability, That Should Be The Question: The Constitutionality Of Using Uncounseled Tribal Court Convictions In Subsequent Federal Trials After Ant, Cavanaugh, And Shavanaux, Samuel D. Newton
American Indian Law Review
No abstract provided.
United States V. Jicarilla Apache Nation: Why The Supreme Court's Refusal To Apply The Fiduciary Exception To Attorney-Client Privilege Stands To Diminish The Federal-Tribal Trust Relationship,
2012
University of Oklahoma College of Law
United States V. Jicarilla Apache Nation: Why The Supreme Court's Refusal To Apply The Fiduciary Exception To Attorney-Client Privilege Stands To Diminish The Federal-Tribal Trust Relationship, Daniel W. Hart
American Indian Law Review
No abstract provided.
Tribal Membership And Indian Nationhood,
2012
Michigan State University College of Law
Tribal Membership And Indian Nationhood, Matthew L.M. Fletcher
American Indian Law Review
No abstract provided.
"[This] I Know From My Grandfather:" The Battle For Admissibility Of Indigenous Oral History As Proof Of Tribal Land Claims,
2012
Georgetown University Law Center
"[This] I Know From My Grandfather:" The Battle For Admissibility Of Indigenous Oral History As Proof Of Tribal Land Claims, Hope M. Babcock
American Indian Law Review
A major obstacle indigenous land claimants must face is the applicationof federal evidentiary rules, like the hearsay doctrine, which block the useof oral history to establish legal claims. It is often oral history and storiesthat tribes rely upon as evidence to support their claims, reducingsubstantially the likelihood of a tribe prevailing. Indigenous oral historypresents unique challenges to judges when faced with its admissibility.Canadian courts have largely overcome these challenges by interpretingevidentiary rules liberally, in favor of the aborigines. As such, Canadianaborigines have enjoyed greater land claim success than indigenousclaimants in the United States, raising the question why United Statescourts do …
Regaining Control Over The Children: Reversing The Legacy Of Assimilative Policies In Education, Child Welfare, And Juvenile Justice That Targeted Native American Youth,
2012
University of Arizona Native Nations Institute
Regaining Control Over The Children: Reversing The Legacy Of Assimilative Policies In Education, Child Welfare, And Juvenile Justice That Targeted Native American Youth, Ryan Seelau
American Indian Law Review
No abstract provided.
Sword Or Submission? American Indian Natural Resource Claims Settlement Legislation,
2012
The Conundrum Group, LLP
Sword Or Submission? American Indian Natural Resource Claims Settlement Legislation, Benjamin A. Kahn
American Indian Law Review
No abstract provided.
Native American Graves Protection And Repatriation Act: Requiring Federal Recognition Digs Its Own Grave,
2012
University of Oklahoma College of Law
Native American Graves Protection And Repatriation Act: Requiring Federal Recognition Digs Its Own Grave, Laura Ruth Talbert
American Indian Law Review
No abstract provided.
The Ball Is In Congress's Court: Contract Support Costs Following Ramah,
2012
University of Oklahoma College of Law
The Ball Is In Congress's Court: Contract Support Costs Following Ramah, James J. Linhardt
American Indian Law Review
No abstract provided.
Internet Gambling: A Road To Strengthening Tribal Self-Government And Increasing Tribal Self-Sufficiency While Protecting American Consumers,
2012
University of Oklahoma College of Law
Internet Gambling: A Road To Strengthening Tribal Self-Government And Increasing Tribal Self-Sufficiency While Protecting American Consumers, Chris J. Thompson
American Indian Law Review
No abstract provided.
Free, Prior, Informed Consent: The Key To Self-Determination: An Analysis Of The Kichwa People Of Sarayaku V. Ecuador,
2012
University of Oklahoma College of Law
Free, Prior, Informed Consent: The Key To Self-Determination: An Analysis Of The Kichwa People Of Sarayaku V. Ecuador, Carol Y. Verbeek
American Indian Law Review
No abstract provided.
How Tribal Water Rights Are Won In The West: Three Case Studies From The Northwest,
2012
University of Oklahoma College of Law
How Tribal Water Rights Are Won In The West: Three Case Studies From The Northwest, Rebecca Cruz Guiao
American Indian Law Review
No abstract provided.
Winner, Best Appellate Brief In The 2012 Native American Law Student Association Moot Court Competition,
2012
University of Oklahoma College of Law
Winner, Best Appellate Brief In The 2012 Native American Law Student Association Moot Court Competition, Jocelyn Jenks, Jacquelyn Amour Jampolsky
American Indian Law Review
No abstract provided.
Lines Of Tribe,
2012
University of New Mexico - School of Law
Lines Of Tribe, Christine Zuni Cruz
Faculty Scholarship
It is important to begin by explaining why I take the title of my essay from the statement in President Barack Obama's 2009 Inaugural Address: "the lines of tribe shall soon dissolve." During the address, his words affected me and they remained with me long afterward. President Obama may very well have meant what he said in a metaphoric or figurative sense; I have certainly been provided with many interpretations and assurances by most that a literal meaning was not his intent and that he instead spoke in a good way of the beneficial melting of divisions between us." It …
Duke Law
State Of Alaska V. Native Village Of Tanana: Enhancing Tribal Power By Affirming Concurrent Tribal Jurisdiction To Initiate Icwa Defined Child Custody Proceedings, Both Inside And Outside Of Indian Country, Heather Kendall-Miller
Alaska Law Review
This Article provides an overview of the significant cases that have defined state-tribal relations in Alaska as related to Indian child proceedings and further discusses various policies that have been implemented over time. After outlining these cases and shifting policies, the Article examines the current state of the law in Alaska with a focus on State v. Native Village of Tanana, which clarified confusion regarding the inherent jurisdiction held by federally recognized Alaska Native tribes to initiate the Indian Child Welfare Act (ICWA)-defined child custody proceedings. Finally, the Article discusses those jurisdictional questions left unresolved by Tanana to be decided …
Creating An Environmental No-Man's Land: The Tenth Circuit's Departure From Environmental And Indian Law Protecting A Tribal Community's Health And Environment,
2011
University of Washington School of Law
Creating An Environmental No-Man's Land: The Tenth Circuit's Departure From Environmental And Indian Law Protecting A Tribal Community's Health And Environment, Claire R. Newman
Washington Journal of Environmental Law & Policy
When Congress set aside reservations as permanent homelands for American Indian people, it intended that the reservations remain “livable environments.” When resource conflicts arise in “checkerboard” areas outside Indian reservations—where land ownership alternates between a tribe, state, the federal government and private, non-Indian landowners—disputes over regulatory jurisdiction and environmental protection intensify. Two recent Tenth Circuit opinions determining the next generation of uranium mining in the checkerboard area of the Navajo Nation, depart from the intent of environmental laws and fail to uphold federal agencies’ trust responsibilities to the Tribe. These cases illustrate the legal vulnerabilities tribal communities in checkerboard areas …
Banishing Habeas Jurisdiction: Why Federal Courts Lack Jurisdiction To Hear Tribal Banishment Actions,
2011
University of Washington School of Law
Banishing Habeas Jurisdiction: Why Federal Courts Lack Jurisdiction To Hear Tribal Banishment Actions, Mary Swift
Washington Law Review
The Indian Civil Rights Act (ICRA or “the Act”) of 1968 grants members of federally recognized Indian tribes individual civil rights similar to those enumerated in the federal Bill of Rights and Fourteenth Amendment. However, the Act provides only one explicit federal remedy for violations of the rights secured therein: the writ of habeas corpus. The U.S. Supreme Court has refused to read an implied cause of action into the Act. Some federal courts assert habeas jurisdiction to review tribal banishment actions alleged to violate ICRA, but not over disenrollment actions. Tribal banishment means an individual tribal member is cast …
Response To House Memorial 41 Requesting A Study Of The Use Of Natural Gas As A Transportation Fuel,
2011
University of New Mexico - School of Law
Response To House Memorial 41 Requesting A Study Of The Use Of Natural Gas As A Transportation Fuel, Kevin Washburn, Kevin Boberg, Jeffrey Kendall
Faculty Scholarship
This paper addresses legal, logistical and technological issues related to the use of compressed natural gas (CNG) as a transportation fuel in New Mexico. It was prepared at the request of the NM State legislature in House Memorial 41.
Conflict In The Statutory Elicitation Of Aboriginal Culture In Australia,
2011
Western University
Conflict In The Statutory Elicitation Of Aboriginal Culture In Australia, James F. Weiner
Aboriginal Policy Research Consortium International (APRCi)
In order for Aboriginal rights and interests to be recognised under the Native Title Act (1993), such rights and interests must arise from laws and customs that can be shown to have continuity with the particular set of laws and customs that existed at the time of sovereignty, or, at least, at the time of first European contact. This interpretation of continuity has been applied in Australian native title cases since the High Court’s Yorta Yorta decision (Yorta Yorta v the State of Victoria [2002] HCA 58). Yet today’s Aboriginal native title claim groups are also required to participate in …
