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Indigenous, Indian, and Aboriginal Law Commons

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Indigeneity And Sovereignty In Canada's Far North: The Arctic And Inuit Sovereignty, Gordon Christie 2011 Allard School of Law at the University of British Columbia

Indigeneity And Sovereignty In Canada's Far North: The Arctic And Inuit Sovereignty, Gordon Christie

All Faculty Publications

As the Arctic “opens up” to exploration and economic development, a new stage in colonization looms. This essay builds toward a vision of Arctic nation-states meeting with the Inuit to work out how they might together come to an understanding of how decisions about the future of the Arctic may be appropriately made. The Inuit are currently actively resisting the new wave of colonization within a framework built on the bedrock of nation-state sovereignty. The notion of “sovereignty” serves as a keystone in a system of controlling narratives, functioning to generate and police ways of thinking about decision-making processes, a …


Sentencing Circles, Clashing Worldviews, And The Case Of Christopher Pauchay, Toby S. Goldbach 2011 Allard School of Law at the University of British Columbia

Sentencing Circles, Clashing Worldviews, And The Case Of Christopher Pauchay, Toby S. Goldbach

All Faculty Publications

The case of Christopher Pauchay demonstrates some of the differences between predominant Euro-Canadian and First Nations approaches to dispute resolution. The principles of sentencing circles sometimes overlap with the principles of restorative justice and suggest their potential incorporation into the criminal justice system. The use of alternative processes that share some common values is not enough to overcome to chasm between Euro-Western and Aboriginal justice. Where underlying worldviews diff er, those who can choose between competing values amidst limited possibilities will likely choose the values that refl ect the conventional system. A comparison of Euro-Western and Aboriginal approaches to crime …


Report To Parliament - On The Readiness Of First Nations Communities And Organizations To Comply With The Canadian Human Rights Act, Naiomi Metallic 2011 Assistant Professor and Chancellor’s Chair in Aboriginal Law and Policy at the Schulich School of Law at Dalhousie University

Report To Parliament - On The Readiness Of First Nations Communities And Organizations To Comply With The Canadian Human Rights Act, Naiomi Metallic

Reports & Public Policy Documents

Enacted in 1977, the Canadian Human Rights Act (CHRA) aims to ensure equality of opportunity and freedom from discrimination in federal jurisdiction. At the time that the CHRA was passed, however, it was understood that adjustments would have to be made before the federal government and First Nations operating under the Indian Act could be fully compliant with the new law. As a result, section 67 of the CHRA explicitly shielded the federal government and First Nations community governments from complaints of discrimination relating to actions arising from or pursuant to the Indian Act. This was intended to be a …


[Introduction To] The Hank Adams Reader: An Exemplary Native Activist And The Unleashing Of Indigenous Sovereignty, David E. Wilkins (Editor) 2011 University of Richmond

[Introduction To] The Hank Adams Reader: An Exemplary Native Activist And The Unleashing Of Indigenous Sovereignty, David E. Wilkins (Editor)

Bookshelf

Vine Deloria once said that Hank Adams was the most important Native American in the country. From his treaty rights work to his mediation of disputes between AIM and the US government in the 1970s, Adams shaped modern Native activism. For the first time, Adams' writings are collected, evidencing his unparalleled role in Indian affairs and beyond.


[Introduction To] The Legal Universe: Observations On The Foundations Of American Law, Vine Deloria, Jr., David E. Wilkins 2011 University of Richmond

[Introduction To] The Legal Universe: Observations On The Foundations Of American Law, Vine Deloria, Jr., David E. Wilkins

Bookshelf

According to Deloria and Wilkins, "Whenever American minorities have raised voices of protest, they have been admonished to work within the legal system that seek its abolition." This essential work examines the historical evolution of the legal rights of various minority groups and the relationship between these rights and the philosophical intent of the American founders.


David H. Getches: 1942-2011, James N. Corbridge Jr. 2011 University of Colorado Law School

David H. Getches: 1942-2011, James N. Corbridge Jr.

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 2011 University of Oklahoma College of Law

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

American Indian Law Review

No abstract provided.


A Reason To Revisit Maine's Indian Claims Settlement Acts: The United Nations Declaration On The Rights Of Indigenous Peoples, Nicole Friederichs 2011 Suffolk University Law School

A Reason To Revisit Maine's Indian Claims Settlement Acts: The United Nations Declaration On The Rights Of Indigenous Peoples, Nicole Friederichs

American Indian Law Review

No abstract provided.


Creating Bright-Line Rules For Tribal Court Jurisdiction Over Non-Indians: The Case Of Trespass To Real Property, Grant Christensen 2011 University of North Dakota

Creating Bright-Line Rules For Tribal Court Jurisdiction Over Non-Indians: The Case Of Trespass To Real Property, Grant Christensen

American Indian Law Review

The 2010 passage of the Tribal Law and Order Act will invest significantly more resources in tribal courts. As tribal courts expand, conflicts between sovereignties - tribal, state, and federal - are likely to occur with much greater frequency. Tribal court civil jurisdiction over non-Indians will be among the issues most frequently appealed to federal courts. I offer this piece to propose a new and novel solution - that tribal courts, through a piecemeal process, be extended absolute civil jurisdiction over non-Indians for those civil offenses over which tribes have the greatest interest. This article takes one of the most …


This Land Is Your Land, This Land Is My Land? Why The Cobell Settlement Will Not Resolve Indian Land Fractionation, Jered T. Davidson 2011 University of Oklahoma College of Law

This Land Is Your Land, This Land Is My Land? Why The Cobell Settlement Will Not Resolve Indian Land Fractionation, Jered T. Davidson

American Indian Law Review

No abstract provided.


Indigenous And Tribal Peoples' Rights Over Their Ancestral Lands And Natural Resources: Norms And Jurisprudence Of The Inter-American Human Rights System, Inter-American Commission on Human Rights 2011 University of Oklahoma College of Law

Indigenous And Tribal Peoples' Rights Over Their Ancestral Lands And Natural Resources: Norms And Jurisprudence Of The Inter-American Human Rights System, Inter-American Commission On Human Rights

American Indian Law Review

No abstract provided.


Defending The "Indefensible": Replacing Ethnocentrism With A Native American Cultural Defense, Megan H. Dearth 2011 University of Oklahoma College of Law

Defending The "Indefensible": Replacing Ethnocentrism With A Native American Cultural Defense, Megan H. Dearth

American Indian Law Review

No abstract provided.


Yours, Mine, Ours? Renovating The Antiquated Apartheid In The Law Of Property Division In Native American Divorce, Vickie Enis 2011 University of Oklahoma College of Law

Yours, Mine, Ours? Renovating The Antiquated Apartheid In The Law Of Property Division In Native American Divorce, Vickie Enis

American Indian Law Review

No abstract provided.


Self Interested: Protecting The Cultural And Religious Privacy Of Native Americans Through The Promotion Of Property Rights In Biological Materials, Kimberly Self 2011 University of Oklahoma College of Law

Self Interested: Protecting The Cultural And Religious Privacy Of Native Americans Through The Promotion Of Property Rights In Biological Materials, Kimberly Self

American Indian Law Review

No abstract provided.


Enough Rope: Why United States V. White Plume Was Wrong On Hemp And Treaty Rights, And What It Could Cost The Federal Government, Lori Murphy 2011 University of Oklahoma College of Law

Enough Rope: Why United States V. White Plume Was Wrong On Hemp And Treaty Rights, And What It Could Cost The Federal Government, Lori Murphy

American Indian Law Review

No abstract provided.


Five Tribes' Water Rights: Examining The Aamodt Adjudications' Mechem Doctrine To Predict Tribal Water Rights Litigation Outcomes In Oklahoma, Taylor Henderson 2011 University of Oklahoma College of Law

Five Tribes' Water Rights: Examining The Aamodt Adjudications' Mechem Doctrine To Predict Tribal Water Rights Litigation Outcomes In Oklahoma, Taylor Henderson

American Indian Law Review

No abstract provided.


Protecting Pocahontas's World: The Mattaponi Tribe's Struggle Against Virginia's King William Reservoir Project, Allison M. Dussias 2011 New England Law

Protecting Pocahontas's World: The Mattaponi Tribe's Struggle Against Virginia's King William Reservoir Project, Allison M. Dussias

American Indian Law Review

No abstract provided.


Changed Embraces, Changes Embraced? Renouncing The Heterosexist Majority In Favor Of A Return To Traditional Two-Spirit Culture, Trista Wilson 2011 University of Oklahoma College of Law

Changed Embraces, Changes Embraced? Renouncing The Heterosexist Majority In Favor Of A Return To Traditional Two-Spirit Culture, Trista Wilson

American Indian Law Review

No abstract provided.


Osage Nation V. Irby: The Tenth Circuit Disregards Legal Precedent To Strip Osage County Of Its Reservation Status, Barbara Moschovidis 2011 University of Oklahoma College of Law

Osage Nation V. Irby: The Tenth Circuit Disregards Legal Precedent To Strip Osage County Of Its Reservation Status, Barbara Moschovidis

American Indian Law Review

No abstract provided.


Preserving Indian Preference For Native American Self-Governance, Freya Ray 2011 University of Oklahoma College of Law

Preserving Indian Preference For Native American Self-Governance, Freya Ray

American Indian Law Review

No abstract provided.


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