Indigenous, Indian, and Aboriginal Law Commons^™

Baselines Newsletter, No. 7, Winter/Spring 2011, University Of Colorado Boulder. Natural Resources Law Center

Baselines: The Natural Resources Law Center Newsletter (2007-2011)

No abstract provided.

Tangled Up In Knots: How Continued Federal Jurisdiction Over Sexual Predators On Indian Reservations Hobbles Effective Law Enforcement To The Detriment Of Indian Women, Suzianne D. Painter-Thorne

Articles

Consequently, tribal lands have become safe havens for sexual predators, who can commit their offenses with little fear of prosecution. As Fort Peck Tribal Chairman A.T. “Rusty” Stafne explained, “Our people are afraid because there are persons committing crimes against us at night and in broad daylight....We have criminals that are simply unafraid of prosecution.” Indeed, “[t]o a sexual predator, the failure to prosecute sex crimes against American Indian women is an invitation to prey with impunity.”

Congress has responded to the epidemic of reservation crime with the Tribal Law and Order Act27 (TLOA). But, as this article explains, the …

Cases And Materials On Federal Indian Law (6th Edition), David H. Getches, Charles F. Wilkinson, Robert A. Williams Jr., Matthew L.M. Fletcher

Aboriginal Policy Research Consortium International (APRCi)

No abstract provided.

Addressing The Overrepresentation Of The Maori In New Zealand's Criminal Justice System At The Sentencing Stage: How Australia Can Provide A Model For Change, Joanna Hess

Washington International Law Journal

New Zealand’s 2002 Sentencing Act provides several ways a sentencing court may take an offender’s cultural or ethnic background into account. Given the disproportionate rate of recidivism among New Zealand’s indigenous Maori offenders and international and domestic concerns regarding this problem, the Act’s provisions offer one method for addressing and mitigating this issue. However, these sentencing provisions remain largely unknown or underused. This comment argues that in order to tackle these concerns, left unaddressed by the current Sentencing Act, New Zealand should restructure its sentencing provisions to follow the legislative model that is developing in Australian states, particularly the model …

Latin America’S Indigenous Women, Courtney Hall

Human Rights & Human Welfare

Latin America’s indigenous women are as diverse as the land they inhabit. Their uniqueness is shaped by belonging to groups that have their own distinct history, traditions, and identity. Yet despite this diversity, indigenous women confront the same human rights challenges: racial, gender, and socio-economic discrimination. Without ignoring the diversity of indigenous women, a better understanding of their fundamental struggles can be gained by weaving these issues together in a comprehensive narrative.

Winter 2011 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.

Introduction To The Iachr Report On Indigenous And Tribal Peoples’ Rights Over Their Ancestral Lands And Natural Resources: Norms And Jurisprudence Of The Inter-American Human Rights System, Taiawagi Helton

Faculty Articles

No abstract provided.

Amicus Briefs In Indian Law: The Case Of Plains Commerce Bank V. Long Family Land And Cattle Co., Inc., ( Part Ii Of South Dakota Law Review Trilogy), Frank Pommersheim

Faculty Publications

No abstract provided.

Williams V. Lee And The Debate Over Indian Equality, Bethany Berger

Faculty Articles and Papers

Williams v. Lee (1959) created a bridge between century-old affirmations of the immunity of Indian territories from state jurisdiction and the tribal self-determination policy of the twentieth century. It has been called the first case in the modern era of federal Indian law. Although no one has written a history of the case, it is generally assumed to be the product of a timeless and unquestioning struggle of Indian peoples for sovereignty. This Article, based on interviews with the still-living participants in the case and on examination of the congressional records, Navajo council minutes, and Supreme Court transcripts, records, and …

Development's Victim Or Its Beneficiary?: The Impact Of Oil And Gas Development On The Fort Berthold Indian Reservation, Raymond Cross

Faculty Law Review Articles

This article assesses whether oil and gas development on the Fort Berthold Indian Reservation, given the critical geographic, legal, and socio-cultural differences which set it apart from the rest of North Dakota, will bring with it potentially devastating and unmanageable impacts that may overwhelm the tribal people of that reservation. The article seeks to fill an analytic gap in the existing oil and gas scholarship that has not, in the author's estimation, given sufficient regard to development's unique rights and impacts in Indian Country.

Re-Evaluating Tribal Customs Of Land Use Rights, John C. Hoelle

University of Colorado Law Review

Indigenous peoples developed sustainable land tenure systems over countless generations, but these customary systems of rights are barely used by American Indian tribes today. Would increasing formal recognition of these traditional customs be desirable for tribes in a modern context? This Comment examines one traditional form of indigenous land tenure-the use right-and argues that those tribes that historically recognized use rights in land might benefit from increased reliance on these traditional customs. The Comment argues that in the tribal context, use rights can potentially be just as economically efficient, if not more so, than the Anglo- American system of unqualified, …

The Promise Of Mancari: Indian Political Rights As Racial Remedy, Addie C. Rolnick

Scholarly Works

In 1974, the Supreme Court declared that an Indian employment preference was based on a "political rather than racial" classification. The Court's framing of Indianness as a political matter and its positioning of "political" and "racial" as opposing concepts has defined the trajectory of federal Indian law and influenced common sense ideas about what it means to be Indian ever since. This oppositional framing has had specific practical consequences, including obscuring the continuing significance of racialization for Indians and concealing the mutually constitutive relationship between Indian racialization and Indian political status. This Article explores the legal roots of the political …

Native Nation Economic Development Via The Implementation Of Solar Projects: How To Make It Work, Ryan David Dreveskracht

Washington and Lee Law Review

No abstract provided.

Future Of Equality For Virginia's Tribes: Reform The Federal Recognition Process To Repair Injustice,, Katherine Womack

Richmond Public Interest Law Review

This article first examines the historical background of the Virginian-American Indian identity after European contact in Part I. This section looks at the early interactions between American Indians and colonial settlers, the treaties that defined American Indian identity, and the first government-to-government relationships between the tribes and colonial powers. It also follows the changing social attitudes toward American Indians. Part II discusses how social attitudes in the early twentieth century about American Indians led to longreaching legal effects for Virginian-American Indians. Part III details the federal recognition process, and discusses how and why it denies Virginia's tribes an equal place …

Application Of Title Vi In Indian Country: The Key Is Tribal Sovereignty, Elizabeth Ann Kronk

Florida A & M University Law Review

No abstract provided.

Aboriginal Title In The Canadian Legal System: The Story Of Delgamuukw V. British Columbia, Robert T. Anderson

Chapters in Books

Canada is grappling with legal issues surrounding indigenous property rights on a scale not seen in the United States since the mid-nineteenth century. Fundamental questions of fairness and justice related to indigenous peoples’ property rights are in flux in the province of British Columbia–an area the size of the states of California, Oregon, and Washington combined. The recognition of aboriginal rights in the Canadian Constitution in 1982 and recent judicial developments made it clear to the provincial government that nearly the entire province may be subject to aboriginal title claims. Consequently, the aboriginal nations and B.C. government have embarked on …

Future Of Equality For Virginia's Tribes: Reform The Federal Recognition Process To Repair Injustice,, Katherine Womack

Richmond Journal of Law and the Public Interest

This article first examines the historical background of the Virginian-American Indian identity after European contact in Part I. This section looks at the early interactions between American Indians and colonial settlers, the treaties that defined American Indian identity, and the first government-to-government relationships between the tribes and colonial powers. It also follows the changing social attitudes toward American Indians. Part II discusses how social attitudes in the early twentieth century about American Indians led to longreaching legal effects for Virginian-American Indians. Part III details the federal recognition process, and discusses how and why it denies Virginia's tribes an equal place …

The Impact Of The American Doctrine Of Discovery On Native Land Rights In Australia, Canada, And New Zealand, Blake Watson

School of Law Faculty Publications

In Johnson v. McIntosh, John Marshall proclaimed that European discovery of America “gave exclusive title to those who made it . . . .” 21 U.S. 543, 574 (1823). Marshall presented a revised version of the discovery doctrine in Worcester v. Georgia, 31 U.S. 515 (1832), yet it is Johnson that remains the leading decision on native property rights in the United States. The Johnson discovery rule has not only diminished native rights in the United States, but has also influenced the definition of indigenous land rights in Australia, Canada, and New Zealand.

This Article sheds light on …

New Mexico’S Major Reservoirs: An Overview, Susan Kelly, Diego Urbina

Water Matters!

This paper describes the salient facts about the major water storage reservoirs in New Mexico. For each reservoir, we address the purposes of water storage allowed by law, storage capacity, the responsible operating agency, and some key operational issues. This is by necessity a vast simplification of the topic.Books, articles, research reports, operation manuals, and other materials on these topics run into the hundreds. Millions of dollars have been spent on technical studies and computer models to understand,and sometimes alter, the operations of various dams and reservoirs.

An Idea Of American Indian Land Justice: Examining Native Land Liberation In The New Progressive Era, Richael Faithful

Celebrating WCL Student Authors

This article is inspired by Professor Robert Odawi Porter’s remarks during the 2009 D.C. Federal Indian Bar conference in which he outlined a seemingly radical proposal for “land liberation” for American Indian tribes – the abandonment of United States trusteeship over tribal land, and return of title and associated rights to numerous tribes who have lost their land due to nefarious governmental policies and bad deals. In an effort to bridge Porter’s visionary legal viewpoint with renowned economist and philosopher, Amartya Sen’s recent visionary contribution on justice, An Idea of American Indian Land Justice, helps revive an Indian law, critical …