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, …
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.
Food Fish, Commercial Fish, And Fish To Support A Moderate Livelihood: Characterizing Aboriginal And Treaty Rights To Canadian Fisheries,
2010
Allard School of Law at the University of British Columbia
Food Fish, Commercial Fish, And Fish To Support A Moderate Livelihood: Characterizing Aboriginal And Treaty Rights To Canadian Fisheries, Douglas C. Harris, Peter Millerd
All Faculty Publications
The Aboriginal peoples of Canada stand in a different legal relationship to the fisheries than non-Aboriginal Canadians. They do so by virtue of a long history with the fisheries that precedes non-Aboriginal settlement in North America, and because of the constitutional entrenchment of Aboriginal and treaty rights in Canadian law. This article describes the characterizations of Aboriginal and treaty rights to fish in Canadian law and discusses what it means for rights characterized in terms of food fishing, commercial fishing, and fishing to support a moderate livelihood, to receive constitutional protection. The article then problematizes these characterizations and suggests that …
The Stories We Tell, And Have Told, About Tribal Sovereignty: Legal Fictions At Their Most Pernicious,
2010
Villanova University Charles Widger School of Law
The Stories We Tell, And Have Told, About Tribal Sovereignty: Legal Fictions At Their Most Pernicious, Hope M. Babcock
Villanova Law Review (1956 - )
No abstract provided.
Reconciling The Sovereignty Of Indian Tribes In Civil Matters With The Montana Line Of Cases,
2010
Villanova University Charles Widger School of Law
Reconciling The Sovereignty Of Indian Tribes In Civil Matters With The Montana Line Of Cases, Douglas B. L. Endreson
Villanova Law Review (1956 - )
No abstract provided.
Crow Dog Vs. Spotted Tail: Case Closed,
2010
Washtenaw County Circuit Court
Crow Dog Vs. Spotted Tail: Case Closed, Timothy Connors, Vivek Sankaran
Articles
In 1868, Chief Spotted Tail signed a United States government treaty with an X. Spotted Tail was a member of the Brule Sioux Tribe, related by marriage to Crazy Horse. The government treaty recognized the Black Hills as part of the Great Sioux reservation. As such, exclusive use of the Black Hills by the Sioux people was guaranteed. Monroe, Michigan, native Gen. George Custer changed all that. In 1874, he led an expedition into that protected land, announced the discovery of gold, and the rush of prospectors followed. Within two years, Custer attacked at Little Big Horn and met his …
Power Without Law: The Supreme Court Of Canada, The Marshall Decisions, And The Failure Of Judicial Activism,
2010
Dalhousie University Schulich School of Law
Power Without Law: The Supreme Court Of Canada, The Marshall Decisions, And The Failure Of Judicial Activism, Diana Ginn
Articles, Book Chapters, & Popular Press
In Power Without Law, author Alex Cameron strongly criticizes "incautious judicial activism" which allows the law to become "too malleable to personal judicial predilection."' Cameron makes his arguments primarily through an analysis of a 1999 decision of the Supreme Court of Canada, R v Marshall (No 1)," in which the majority of the Court held that Aboriginal peoples in the Maritimes have a treaty right to hunt, fish and gather, and to sell the products of these activities in order to provide themselves with a moderate livelihood. Cameron also comments on two subsequent and closely related decisions, R v Marshall …
