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Indigenous, Indian, and Aboriginal Law Commons™

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Tesuque Pueblo Tribal Court Handbook (2010), Tribal Law Journal Staff 2010 University of New Mexico

Tesuque Pueblo Tribal Court Handbook (2010), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.


Zia Pueblo Tribal Court Handbook (2010), Tribal Law Journal Staff 2010 University of New Mexico

Zia Pueblo Tribal Court Handbook (2010), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.


A Man Of Passion And Vision: George Whitewolf, David E. Wilkins 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, David E. Wilkins 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, …


Tribal Civil Judicial Jurisdiction Over Nonmembers: A Practical Guide For Judges, Sarah Krakoff 2010 University of Colorado Law School

Tribal Civil Judicial Jurisdiction Over Nonmembers: A Practical Guide For Judges, Sarah Krakoff

Publications

This Article provides a summary of the law of tribal civil jurisdiction over persons who are not members of the governing tribe ("nonmembers'), followed by an analysis of trends in the lower courts. It was written to respond to a consensus view at the University of Colorado Law Review Symposium: "The Next Great Generation of American Indian Law Judges," in January 2010, that a concise, practical, yet in-depth treatment of this subject would be useful to the judiciary as well as practitioners. The Article traces the development of the Supreme Court's common law of tribal civil judicial jurisdiction from 1959 …


Native Hawaiians And The Ceded Lands Trust: Applying Self-Determination As An Alternative To The Equal Protection Analysis, R. Hōkūlei Lindsey 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, Alicia K. Crawford 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, Andrew G. Hill 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, Crystal D. Masterson 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, Doug Nix 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), Ezra Rosser 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, Jackie Gardina 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, John W. Ragsdale Jr. 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, Aaron Drue Johnson 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, Aaron F.W. Meek 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, Katharine C. Oakley 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, John Lentz 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, Matthew L. Sundquist 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.


Kewa Pueblo Tribal Court Handbook Fka Santo Domingo (2010), Tribal Law Journal Staff 2010 University of New Mexico

Kewa Pueblo Tribal Court Handbook Fka Santo Domingo (2010), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.


The Stories We Tell, And Have Told, About Tribal Sovereignty: Legal Fictions At Their Most Pernicious, Hope M. Babcock 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.


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