Reassessing Concurrent Tribal–State–Federal Criminal Jurisdiction In Kansas,
2011
St. John's University School of Law
Reassessing Concurrent Tribal–State–Federal Criminal Jurisdiction In Kansas, John J. Francis, Stacy L. Leeds, Aliza Organick, Jelani Jefferson Exum
Faculty Publications
(Excerpt)
Federal Indian Law is frequently described as a jurisdictional quagmire. Depending on the unique history of a given tribe, the extent to which the tribe has retained a territorial boundary or contiguous land-base, and depending on a tribe’s geographic location, a different mix of exclusive or concurrent tribal, state, federal jurisdiction will result. Moreover, the practical realities on the ground often result in one sovereign entity exercising more or less power than the law on the books might otherwise suggest.
In the criminal law context, tribal–state–federal jurisdiction generally rests on the three premises: (1) tribes retain inherent authority to …
Ogalala Sioux Tribal Profile,
2011
University of New Mexico - School of Law
Ogalala Sioux Tribal Profile, Karen Kimbro Chase
Tribal Law Journal
This profile offers an excellent overview of Oglala Sioux law, both traditional and modern. Like many tribes, the Indian Reorganization Act had a major impact on the contemporary law of the Oglala Sioux. While the IRA resulted in tribal constitutions that reflected the values of the U.S. Constitution, this profile examines the traditional and customary law that was subsequently incorporated into the Oglala Sioux Constitution. This profile includes a brief history of the Oglala Sioux, overview of traditional law, governmental structure, summary of contemporary law, and history of political activism.
Report To Parliament - On The Readiness Of First Nations Communities And Organizations To Comply With The Canadian Human Rights Act,
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 …
The Reconciliation Doctrine In The Mclachlin Court: From A “Final Legal Remedy” To A “Just And Lasting” Process,
2011
Schulich School of Law, Dalhousie University
The Reconciliation Doctrine In The Mclachlin Court: From A “Final Legal Remedy” To A “Just And Lasting” Process, Constance Macintosh
Articles, Book Chapters, & Popular Press
The issue upon which this paper focuses is one that runs through much of the Aboriginal rights jurisprudence over the last ten years: the idea of “reconciliation." However, the way in which the term is deployed, the values that inform it, the logic that drives it, and the conclusions that it supports have shifted and are continuing to shift. There are considerable differences between how this term was used at the time of Lamer C.J., its meaning for the bench under McLachlin C.J., and the new role it has evolved to take on most recently. In particular, reconciliation has come …
Reassessing Concurrent Tribal-State-Federal Criminal Jurisdiction In Kansas,
2011
University of New Mexico - School of Law
Reassessing Concurrent Tribal-State-Federal Criminal Jurisdiction In Kansas, Aliza Organick
Faculty Scholarship
This Article questions the continued viability of the Kansas Act federal legislation, which extended Indian country criminal jurisdiction to the state of Kansas, while leaving unimpaired preexisting tribal and federal jurisdiction over the same offenses. This Article concludes with recommendations for legislative reform and the consideration of intergovernmental agreements with an eye toward providing a solution that respects modern policies of tribal self-determination, protects the financial resources and judicial economy of state and tribal courts, and protects the rights of defendants who may be subject to multiple prosecutions for the same offense.
Tribal Court Convictions And The Federal Sentencing Guidelines: Respect For Tribal Courts And Tribal People In Federal Sentencing,
2011
University of New Mexico - School of Law
Tribal Court Convictions And The Federal Sentencing Guidelines: Respect For Tribal Courts And Tribal People In Federal Sentencing, Barbara L. Creel
Faculty Scholarship
This article critiques a proposal to include tribal court criminal convictions and sentences in the federal sentencing scheme. The proposal, as articulated by Kevin Washburn, calls for an amendment to the Federal Sentencing Guidelines to count tribal court convictions in calculating an Indian defendants criminal history score to determine a federal prison sentence. Currently, tribal court convictions are not directly counted in criminal history, but may be used to support an 'upward departure' to increase the Native defendant's overall federal sentence. Washburn's proposal seeks to gain 'respect' for tribal courts, based upon a premise that tribal convictions must be afforded …
Elena Kagan And The Miracle At Harvard,
2011
University of New Mexico - School of Law
Elena Kagan And The Miracle At Harvard, Kevin Washburn
Faculty Scholarship
During the past ten years, Harvard Law School has been transformed. Current students embrace the institution enthusiastically, appreciating not only the Harvard degree, but the process of earning it. Elena Kagan deserves much of the credit. Kagan led Harvard Law School through this transformation, which is identified here as the "Miracle at Harvard."
David H. Getches: 1942-2011,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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.
