Unequal To The Task: ‘Kapp’Ing The Substantive Potential Of Section 15,
2010
Allard School of Law at the University of British Columbia
Unequal To The Task: ‘Kapp’Ing The Substantive Potential Of Section 15, Margot Young
All Faculty Publications
This paper reviews the Supreme Court of Canada’s interpretation of s. 15 as a guarantee of substantive equality focusing on R. v. Kapp, a recent key section 15 case, as seen in perspective of Andrews v. Law Society of British Columbia (1989). R. v. Kapp (2008) brings together a dense complex of issues involving equality, affirmative action, race and Aboriginal rights. This paper takes on only a piece of this tangle – focusing on three issues that speak to the Court’s continuing failure to engage fully with the promise of Andrews’ rejection of a formal equality framework for section 15. …
The Last Indian Raid In Kansas: Context, Colonialism, And Philip P. Frickey's Contributions To American Indian Law,
2010
University of Colorado Law School
The Last Indian Raid In Kansas: Context, Colonialism, And Philip P. Frickey's Contributions To American Indian Law, Sarah Krakoff
Publications
To many, American Indian law is a remote and anomalous area of the law. To others, including Professor Phil Frickey, themes in American Indian law are central to our identity as a nation, and lessons from the field inform broader understandings of the competencies and limitations of the federal judiciary. One of Professor Frickey’s recurring scholarly arguments is that the federal courts are most within their areas of institutional competence when they approach contemporary Indian law questions as structural disputes between sovereigns, rather than as individual conflicts amenable to the application of mainstream public law values. An event described as …
Clarifying Cultural Property,
2010
University of Colorado Law School
Clarifying Cultural Property, Kristen A. Carpenter, Sonia K. Katyal, Angela R. Riley
Publications
Author Stephenie Meyer forever altered the cultural existence of Quileute Indians when she wrote them into her Twilight novels. Now a veritable global phenomenon complete with books, movies, and affiliated merchandise, the Twilight series depicts young, male members of the tribe as vampire-fighting werewolves who ferociously defend a peace and territorial treaty made with local bloodsuckers. In reality, the Quileute Tribe consists of approximately 700 Indians, many of whom live on a remote reservation in the Pacific Northwest, a tiny parcel of the once vast Quileute territory. Since Twilight's unprecedented international success, the Quileute have been overwhelmed with fans …
A Man Of Passion And Vision: George Whitewolf,
2010
University of Richmond
A Man Of Passion And Vision: George Whitewolf, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
George Whitewolf's home was also just a stone's throw from Washington, D.C, and many Natives from the Lakota, Haudenosaunee, Blackfeet, Cheyenne, and countless other nations would stop at George's place for rest and ceremonies as they prepped for their difficult diplomatic visits to Congress and the BIA to discuss treaty rights, protest events like the Longest Walk, and other politically incendiary topics. In the 1970s, George was also very active in the American Indian Movement and his home was under frequent surveillance by the FBI.
Within a few years, George and his allies had made tremendous progress on both fronts …
Measured Sovereignty: The Political Experiences Of Indigenous Peoples As Nations And Individuals,
2010
University of Richmond
Measured Sovereignty: The Political Experiences Of Indigenous Peoples As Nations And Individuals, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
On June 18, 2001, in Washington, D.C., Jack Abramoff, a powerful Washington lobbyist, met with Michael Scanlon, a former congressional communications director, to secretly discuss a partnership centered around a firm known as "Capitol Carnpaign Strategies" (CCS). Their strategy, later labeled as "Gimme Five," was designed to put in $5 million a year to CCS, revenue that was to be secured from several Indian nations that had grown wealthy through gaming operations. Later, the expression "Gimme Five" was understood as entailing major kickbacks to Abramoff from payments made by any of Scanlon's American Indian clients to Scanlon. By late 2004, …
Introduction To The South Dakota Law Review's 2010 Symposium Issue,
2010
Benjamin N. Cardozo School of Law
Introduction To The South Dakota Law Review's 2010 Symposium Issue, Marci A. Hamilton
Articles
No abstract provided.
Native Hawaiians And The Ceded Lands Trust: Applying Self-Determination As An Alternative To The Equal Protection Analysis,
2010
Southern Illinois University Carbondale
Native Hawaiians And The Ceded Lands Trust: Applying Self-Determination As An Alternative To The Equal Protection Analysis, R. Hōkūlei Lindsey
American Indian Law Review
No abstract provided.
The Evolution Of The Applicability Of Erisa To Indian Tribes: We May Finally Have Congressional Intent, But It's Still Flawed,
2010
University of Oklahoma College of Law
The Evolution Of The Applicability Of Erisa To Indian Tribes: We May Finally Have Congressional Intent, But It's Still Flawed, Alicia K. Crawford
American Indian Law Review
No abstract provided.
Another Blow To Tribal Sovereignty: A Look At Cross-Jurisdictional Law-Enforcement Agreements Between Indian Tribes And Local Communities,
2010
University of Oklahoma College of Law
Another Blow To Tribal Sovereignty: A Look At Cross-Jurisdictional Law-Enforcement Agreements Between Indian Tribes And Local Communities, Andrew G. Hill
American Indian Law Review
No abstract provided.
Wind-Energy Ventures In Indian Country: Fashioning A Functional Problem,
2010
University of Oklahoma College of Law
Wind-Energy Ventures In Indian Country: Fashioning A Functional Problem, Crystal D. Masterson
American Indian Law Review
No abstract provided.
The Ninth Circuit Court Of Appeals' Enforcement Of The Fair Labor Standards Act In Solis V. Matheson: A Discussion Of Laws Of General Applicability And Their Impact On Tribal Sovereignty And Independence,
2010
University of Oklahoma College of Law
The Ninth Circuit Court Of Appeals' Enforcement Of The Fair Labor Standards Act In Solis V. Matheson: A Discussion Of Laws Of General Applicability And Their Impact On Tribal Sovereignty And Independence, Doug Nix
American Indian Law Review
No abstract provided.
Displacing The Judiciary: Customary Law And The Threat Of A Defensive Tribal Council: A Book Review Of Raymond D. Austin, Navajo Courts And Navajo Common Law: A Tradition Of Tribal Self-Governance (2009),
2010
University of Oklahoma College of Law
Displacing The Judiciary: Customary Law And The Threat Of A Defensive Tribal Council: A Book Review Of Raymond D. Austin, Navajo Courts And Navajo Common Law: A Tradition Of Tribal Self-Governance (2009), Ezra Rosser
American Indian Law Review
No abstract provided.
Federal Preemption: A Roadmap For The Application Of Tribal Law In State Courts,
2010
University of Oklahoma College of Law
Federal Preemption: A Roadmap For The Application Of Tribal Law In State Courts, Jackie Gardina
American Indian Law Review
This article contends that state courts are not necessarily free to apply state law when the courts are exercising concurrent adjudicative jurisdiction with tribal courts. Instead, Indian law principles of preemption direct state courts to apply tribal law in certain cases. A guiding principle emerges from the preemption analysis: if a tribe has legislative jurisdication over the dispute, tribal law must ordinarily be applied. In these instances, a state's laws, including its choice-of-law rules, are preempted by federal common law because their application interferes with the federal government's and the tribes' interest in promoting tribal self-government, including the tribes' ability …
Values In Transition: The Chiricahua Apache From 1886-1914,
2010
University of Missouri - Kansas City, School of Law
Values In Transition: The Chiricahua Apache From 1886-1914, John W. Ragsdale Jr.
American Indian Law Review
Law confirms but seldom determines the course of a society. Values and beliefs, instead, are the true polestars, incrementally implemented by the laws, customs, and policies. The Chiricahua Apache, a tribal society of hunters, gatherers, and raiders in the mountains and deserts of the Southwest, were squeezed between the growing populations and economies of the United States and Mexico. Raiding brought response, reprisal, and ultimately confinement at the loathsome San Carlos Reservation. Though most Chiricahua submitted to the beginnings of assimilation, a number of the hardiest and least malleable did not. Periodic breakouts, wild raids through New Mexico and Arizona, …
Just Say No (To American Capitalism): Why American Indians Should Reject The Model Tribal Secured Transactions Act And Other Attempts To Promote Economic Assimilation,
2010
University of Oklahoma College of Law
Just Say No (To American Capitalism): Why American Indians Should Reject The Model Tribal Secured Transactions Act And Other Attempts To Promote Economic Assimilation, Aaron Drue Johnson
American Indian Law Review
No abstract provided.
The Conflict Between State Tests Of Tribal Entity Immunity And The Congressional Policy Of Indian Self-Determination,
2010
University of Oklahoma College of Law
The Conflict Between State Tests Of Tribal Entity Immunity And The Congressional Policy Of Indian Self-Determination, Aaron F.W. Meek
American Indian Law Review
No abstract provided.
Defining Indian Status For The Purpose Of Federal Criminal Jurisdiction,
2010
University of Oklahoma College of Law
Defining Indian Status For The Purpose Of Federal Criminal Jurisdiction, Katharine C. Oakley
American Indian Law Review
No abstract provided.
When Canons Go To War In Indian Country, Guess Who Wins? Barrett V. United States: Tax Canons And Canons Of Construction In The Federal Taxation Of American Indians,
2010
University of Oklahoma College of Law
When Canons Go To War In Indian Country, Guess Who Wins? Barrett V. United States: Tax Canons And Canons Of Construction In The Federal Taxation Of American Indians, John Lentz
American Indian Law Review
No abstract provided.
Worcester V. Georgia: A Breakdown In The Separation Of Powers,
2010
University of Oklahoma College of Law
Worcester V. Georgia: A Breakdown In The Separation Of Powers, Matthew L. Sundquist
American Indian Law Review
No abstract provided.
