Acting For The Left Behind: How The Native Class Act Could Close The Gaps In American Indian Education,
2012
University of Oklahoma College of Law
Acting For The Left Behind: How The Native Class Act Could Close The Gaps In American Indian Education, Aaron J. Stewart
American Indian Law Review
No abstract provided.
Kiss The Ring, But Never Touch The Crown: How U.S. Policy Denies Indian Women Bodily Autonomy And The Save Native Women Act's Attempt To Reverse That Policy,
2012
University of Oklahoma College of Law
Kiss The Ring, But Never Touch The Crown: How U.S. Policy Denies Indian Women Bodily Autonomy And The Save Native Women Act's Attempt To Reverse That Policy, Hossein Dabiri
American Indian Law Review
No abstract provided.
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.
Depopulation In Indian Country, 21st Century Style,
2012
University of Richmond
Depopulation In Indian Country, 21st Century Style, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
A strange thing is happening in and across Indian country: the number of federally recognized tribal nations continues to increase—the Tejon people of California were readmitted to the ranks in early January of this year, bringing the number of such groups to 566—while the population figures for existing federally recognized native peoples continues to decline because of the ongoing number of disenrollments of tribal members.
Salmon People In An Era Of Depleting Salmon: The Swinomish Indian Tribal Community’S Climate Adaptation Action Plan As A Manifestation Of Tribal Sovereignty,
2012
University of New Mexico
Salmon People In An Era Of Depleting Salmon: The Swinomish Indian Tribal Community’S Climate Adaptation Action Plan As A Manifestation Of Tribal Sovereignty, Kelly Davis
Tribal Law Journal
Climate change presents novel challenges to indigenous peoples striving to maintain their place-based subsistence cultures. Climate change is altering physical environments, tribes are experiencing detrimental impacts, and adaptation is necessary to preserve indigenous lifestyles. The Swinomish Indian Tribal Community, a Coast Salish tribe in northwestern Washington State, has taken the initiative in tribal climate change adaptation efforts.
In 2010, the Swinomish Office of Planning and Community Development issued a thorough Climate Adaptation Action Plan, which delineates strategies the vulnerable coastal, salmon-dependent tribe must take. Resilient social systems, like American Indian tribes, are capable of anticipating and planning for the future. …
Tribute To Elouise Cobell,
2012
University of Oklahoma College of Law
Tribute To Elouise Cobell, Dennis Gingold, M. Alexander Pearl
Faculty Articles
Cobell v. Salazar, the landmark class-action case, and its settlement arise out of a painful period in American history. For more than a century, the government's abuse of individual Indian trust beneficiaries has been documented in various government reports and has been debated in Congress, but nothing that Congress did or said stopped egregious breaches of trust committed by the executive branch. The United States Court of Appeals for the D.C. Circuit noted that "[t]he General Accounting Office, Interior Department Inspector General, and Office of Management and Budget, among others, have all condemned the mismanagement of the Individual Indian Money …
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 …
