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.
Gladue: Beyond Myth And Towards Implementation In Manitoba,
2012
Allard School of Law at the University of British Columbia
Gladue: Beyond Myth And Towards Implementation In Manitoba, Debra Parkes, David Milward
All Faculty Publications
In the mid-1990s, section 718.2(e) of the Criminal Code of Canada was enacted in response to the alarming over-representation of Aboriginal people in Canada’s prisons and jails. Its admonition to consider “all available sanctions other than imprisonment that are reasonable in the circumstances… with particular attention to the circumstances of Aboriginal offenders” requires, according to the Supreme Court in the leading case of R v Gladue, that justice system participants do things differently in sentencing Aboriginal people. However, in the ensuing years the level of over-representation has got worse, rather than better. There are a number of different explanations that …
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 …
Remarks,
2012
University of Colorado Law School
Remarks, James Anaya
Publications
These remarks were delivered at the Closing Plenary--Indigenous Peoples and International Law: A Conversation with UN Special Rapporteur James Anaya and Inter-American Commission Rapporteur Dinah Shelton.
Inextricably Political: Race, Membership, And Tribal Sovereignty,
2012
University of Colorado Law School
Inextricably Political: Race, Membership, And Tribal Sovereignty, Sarah Krakoff
Publications
Courts address equal protection questions about the distinct legal treatment of American Indian tribes in the following dichotomous way: are classifications concerning American Indians "racial or political?" If the classification is political (i.e., based on federally recognized tribal status or membership in a federally recognized tribe) then courts will not subject it to heightened scrutiny. If the classification is racial rather than political, then courts may apply heightened scrutiny. This Article challenges the dichotomy itself. The legal categories "tribe" and "tribal member" are themselves political, and reflect the ways in which tribes and tribal members have been racialized by U.S. …
Limiting Principles And Empowering Practices In American Indian Religious Freedoms,
2012
University of Colorado Law School
Limiting Principles And Empowering Practices In American Indian Religious Freedoms, Kristen A. Carpenter
Publications
Employment Division v. Smith was a watershed moment in First Amendment law, with the Supreme Court holding that neutral statutes of general applicability could not burden the free exercise of religion. Congress's subsequent attempts, including the passage of Religious Freedom Restoration Act and Religious Land Use and Institutionalized Persons Act, to revive legal protections for religious practice through the legislative and administrative process have received tremendous attention from legal scholars. Lost in this conversation, however, have been the American Indians at the center of the Smith case. Indeed, for them, the decision criminalizing the possession of their peyote sacrament was …
Heeding The Clarion Call For Sustainable, Spiritual Western Landscapes: Will The People Be Granted A New Forest Service?,
2012
University of Colorado Law School
Heeding The Clarion Call For Sustainable, Spiritual Western Landscapes: Will The People Be Granted A New Forest Service?, Charles Wilkinson, Daniel Cordalis
Publications
No abstract provided.
Negotiating Jurisdiction: Retroceding State Authority Over Indian Country Granted By Public Law 280,
2012
University of Washington School of Law
Negotiating Jurisdiction: Retroceding State Authority Over Indian Country Granted By Public Law 280, Robert T. Anderson
Articles
This Article canvasses the jurisdictional rules applicable in American Indian tribal territories-"Indian country." The focus is on a federal law passed in the 1950s, which granted some states a measure of jurisdiction over Indian country without tribal consent. The law is an aberration. Since the adoption of the Constitution, federal law preempted state authority over Indians in their territory. The federal law permitting some state jurisdiction, Public Law 280, is a relic of a policy repudiated by every President and Congress since 1970. States have authority to surrender, or retrocede, the authority granted by Public Law 280, but Indian tribal …
Tribe V. Read Head, 2011c-4448-4450 (Blkft. Tr. Ct. App., Dec. 16, 2011),
2011
University of Montana
Tribe V. Read Head, 2011c-4448-4450 (Blkft. Tr. Ct. App., Dec. 16, 2011), Blackfeet Appellate Court
Court Decisions
In the Blackfeet Tribal Court of Appeals, the Court considered a petition for a Writ of Habeas Corpus and considered whether un-arraigned defendants can be held longer than 72 hours. The Court ruled that prolonged incarceration without proper court order violated the defendants due process rights. The Case is dismissed and the defendant is ordered released.
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 …
