Kewa Pueblo Tribal Court Handbook Fka Santo Domingo (2010),
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,
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.
Indian Water Rights, Practical Reasoning, And Negotiated Settlements,
2010
University of Washington School of Law
Indian Water Rights, Practical Reasoning, And Negotiated Settlements, Robert T. Anderson
Articles
This Article first reviews the few Indian water rights cases that the U.S. Supreme Court has decided. The Article then traces a threshold issue common to Indian water rights litigation in the federal and state courts: how to determine the purposes of a reservation for which a reserved water right should be implied. A review of major Indian water rights cases demonstrates the generally confusing state of the law in significant respects, especially with regard to the "purposes" determination.
This Article posits that the relative uncertainty in this area has created an environment in which creative, practical solutions to conflicts …
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 …
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.
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. …
Where Cultures And Sovereigns Collide: Balancing Federalism, Tribal Self-Determination, And Individual Rights In The Adoption Of Indian Children By Gays And Lesbians,
2010
Indiana University Maurer School of Law
Where Cultures And Sovereigns Collide: Balancing Federalism, Tribal Self-Determination, And Individual Rights In The Adoption Of Indian Children By Gays And Lesbians, Steve Sanders
Articles by Maurer Faculty
This article analyzes the complex interplay between adoption (traditionally a matter reserved to state family law) and the federal Indian Child Welfare Act in the context of adoptions by gays and lesbians.
As a federal statute that partially preempts state law for the benefit of Native Americans, ICWA implicates three sovereigns: the United States, the state where the adoption petition is brought, and the tribe whose child is the focus of the proceeding. This interplay of sovereigns in itself makes Indian child welfare law complicated and interesting. Beyond these sovereign interests, also to be considered are the interests and rights …
