Various Insights Highlighting The Significance Of Empirical Studies In Customary Legal Research (Beberapa Catatan Tentang Pentingnya Penelitian Hukum Adat Empiris),
2023
Universitas Gadjah Mada
Various Insights Highlighting The Significance Of Empirical Studies In Customary Legal Research (Beberapa Catatan Tentang Pentingnya Penelitian Hukum Adat Empiris), Sartika Intaning Pradhani
The Indonesian Journal of Socio-Legal Studies
Mainstream Customary (Adat) Law does not pay much attention to empirical legal research; therefore, it is adat-positive legal science. In fact, adat law lives in a continuously changing community; thus, isolating its study from social research has made adat legal science has lost the opportunity to find perpetual adat legal development. This paper explains the significance of social research for adat legal science. Empirical data have numerous functions, such as legal materials to draft Academic papers on laws and regulations related to the Adat Law Community, judges’ consideration in settling disputes, especially agrarian conflict, and supporting the …
A Genocide The World Has Ignored: Holding Governments And The Catholic Church Accountable For Residential And Boarding Schools Through The Icc,
2023
Brooklyn Law School
A Genocide The World Has Ignored: Holding Governments And The Catholic Church Accountable For Residential And Boarding Schools Through The Icc, K. R. Redhage
Brooklyn Journal of International Law
The United States, Canada, and the Catholic Church committed genocide in an effort to control Indigenous people and steal their land. By various means, over the course of hundreds of years, these extant powers perpetrated this genocide, and the effects continue to be felt in Indigenous communities to this day. The residential and boarding school systems, which were only disbanded in the 1980s, are two examples of tools created by these governments and the Catholic Church, which led to tens of thousands of deaths of indigenous children and robbed many more of their families, culture, language, and traditions. This article …
Mckay V. Brown, 22-Ap-01 (Blkft. Tr. Ct. App., Aug. 22, 2023),
2023
University of Montana
Mckay V. Brown, 22-Ap-01 (Blkft. Tr. Ct. App., Aug. 22, 2023), Blackfeet Appellate Court
Court Decisions
In the Blackfeet Tribal Court of Appeals, the Court considered an appeal in a Probate dispute. However, the Court clarified that the Final Order is not ripe for appeal as the probate has not been finalized. Therefore, the court remanded the case to be heard by the lower court.
Social Justice Autobiography,
2023
Stony Brook University
Social Justice Autobiography, Jacklyn Price
Writing Beyond the Prison Living Archive
Essay
Response To Conophillips' Opposition To Un Rapporteurs Amicus Brief,
2023
American University Washington College of Law
Response To Conophillips' Opposition To Un Rapporteurs Amicus Brief, William Snape, David Hunter
Amicus Briefs & Court Filings
Defendant-Intervenor ConocoPhillips made a number of incorrect and misleading statements in their opposition to the UN Special Rapporteurs proposed amicus brief. This response explains the relationship of the UN Special Rapporteurs to American University’s Washington College of Law, as well as the employment status of the two attorneys who authored the UN Rapporteurs’ amicus brief.
Criminalization Of Community-Based Ecotourism (Cbet) In Indonesia: The Cases Of Pari Island, Kepulauan Seribu,
2023
Universitas Indonesia
Criminalization Of Community-Based Ecotourism (Cbet) In Indonesia: The Cases Of Pari Island, Kepulauan Seribu, Janthi Dharma Shanty, Bono Budi Priambodo
Journal of Indonesian Tourism and Policy Studies
Pari islanders have revamped their island into cultural ecotourism destination since 2010. It has been successful because the activities have diverted the islanders’ dependence on the hard-pressed local coastal and fisheries resources and supplemented their income. This is a win-win situation the Indonesian government seeks to create with the 2007 Coastal Zone and Small Islands Management Law where natural conservation benefits local populace economically. The Law stipulates, among others, that community participation is one of the integrated coastal zone management principles. The Law also prioritizes coastal zones for conservation and tourism activities. Pari islanders thus have already implemented the imperatives …
The Heart Of The Matter: Icwa And The Future Of Native American Child Welfare,
2023
Pepperdine University
The Heart Of The Matter: Icwa And The Future Of Native American Child Welfare, Amelia Tidwell
Journal of the National Association of Administrative Law Judiciary
The United States has a long and tragic history of removing Native American children from their homes and culture at shocking rates. Congress passed the Indian Child Welfare Act (ICWA) in 1978 in response to that crisis and many states have bolstered the Act with state legislation and tribal-state agreements, but racial disparities are still present in the child welfare system today. Some states with low Native American populations joined non-Native American prospective adoptive parents in a constitutional challenge of ICWA, and hundreds of supporters (tribes, organizations, and states) poured out support for the Act. The Supreme Court heard the …
Solemn Vow: Solum's Originalism, Treaties, And Tribal Sovereignty In Castro-Huerta,
2023
University of Maine School of Law
Solemn Vow: Solum's Originalism, Treaties, And Tribal Sovereignty In Castro-Huerta, Liam T. Sheridan
Maine Law Review
In Oklahoma v. Castro-Huerta, the Supreme Court held that states have inherent authority to prosecute crimes committed by non-Indians in “Indian country.” Only two years earlier, the Court in McGirt v. Oklahoma held that most of eastern Oklahoma was Indian country, and thus immune from any state criminal jurisdiction. Castro-Huerta limited this immunity and narrowed the Court’s view of tribal sovereignty as a whole. The majority represented the Court’s originalist faction—minus Justice Gorsuch, who had penned both the majority opinion in McGirt and the dissent in Castro-Huerta. The majority and dissent disagreed over whether federal statutes preempted Oklahoma’s criminal jurisdiction. …
Five Times More Likely: Haaland V. Brackeen And What It Could Mean For Maine Tribes,
2023
University of Maine School of Law
Five Times More Likely: Haaland V. Brackeen And What It Could Mean For Maine Tribes, Eloise Melcher
Maine Law Review
In the 1970s Native activists realized that states were removing Native children from their families at disproportional rates when compared to non-Native children. The activists pushed for the enactment of the Indian Child Welfare Act, which became law in 1978. The law increases the burden on states before Native children can be taken from their families. As part of a larger movement to attack the Equal Protection Clause in the courts, Haaland v. Brackeen reached the Supreme Court in 2022. The plaintiffs in Brackeen argue that the Indian Child Welfare Act is unconstitutional for a variety of reasons, including that …
The Growing List Of Reasons To Amend The Maine Indian Jurisdictional Agreement,
2023
University of Maine School of Law
The Growing List Of Reasons To Amend The Maine Indian Jurisdictional Agreement, Nicole Friederichs
Maine Law Review
The Passamaquoddy Tribe and the Penobscot Nation brought their lands claims against the State of Maine in an effort to reclaim taken lands, to ensure that they could self-determine their futures and to hold on to their cultures and languages. What they faced were a state and federal governments opposed to such a goal. With favorable court decisions in hand, the Tribes began the long process of negotiating for the financial restitution of those claims. They learned, however, that restitution—the recovery of a small portion of their traditional territories—would only be possible if an agreement was made with the State …
One Nation, Under Fraud: A Remonstrance,
2023
University of Maine School of Law
One Nation, Under Fraud: A Remonstrance, Hon. Donna M. Loring, Hon. Eric M. Mehnert, Joseph G.E. Gousse Esq.
Maine Law Review
This Remonstrance presents a counter-cultural narrative and analysis of Maine’s legal, political, economic, and social interactions with the Wabanaki people. Although contemporary indicia of abuses by the State are glaringly obvious, a cohesive modern narrative that incorporates Maine’s history of predation upon and mistreatment of the tribes has remained poorly defined from an historico-legal perspective. Presenting its analysis through an historic, legal, political, economic, and social nexus, this Remonstrance traces the ontogeny of control exerted by the State of Maine over the Wabanaki tribes and endeavors to excavate the hidden historical narrative of the calculated politico-legal regime that has for …
The Dark Matter Of Federal Indian Law: The Duty Of Protection,
2023
University of Maine School of Law
The Dark Matter Of Federal Indian Law: The Duty Of Protection, Matthew L.M. Fletcher
Maine Law Review
The United States and every federally recognized tribal nation originally entered into a sovereign-to-sovereign relationship highlighted by the duty of protection, an international customary law doctrine in which a larger, stronger sovereign, America in this case, agrees to “protect” the small, weaker sovereign, in this case, tribal nations. America agreed to this in exchange for massive, occasionally unquantifiable amounts of land and resources, as well as the power to control the external sovereign relations of the protected sovereign. The smaller sovereigns received protected reservation lands, hunting and fishing rights, small cash infusions, and the vague promise of protection. What tribal …
Symposium Keynote: "Isolation And Restraint: Maine's Unique Status Outside Federal Indian Law",
2023
University of Maine School of Law
Symposium Keynote: "Isolation And Restraint: Maine's Unique Status Outside Federal Indian Law", Michael-Corey Francis Hinton
Maine Law Review
No abstract provided.
One Buffalo In Texas: Legal And Ethical Issues In Native American Gaming Operations,
2023
Pepperdine University
One Buffalo In Texas: Legal And Ethical Issues In Native American Gaming Operations, Tammy W. Cowart
The Journal of Business, Entrepreneurship & the Law
There are three federally recognized Native American tribes in Texas: the Alabama-Coushatta, the Ysleta del Sur Pueblo, and the Texas band of Oklahoma Kickapoo. The Kickapoo tribe is the only one allowed to operate a gaming center within the state of Texas, due solely to a federal law that the federal government passed thirty years ago. The Alabama-Coushatta and Ysleta del Sur Pueblo tribes are some of the only tribes prohibited from operating gaming operations under the Indian Gaming Regulatory Act. The result is detrimental to these tribes and the Texas economy. This paper will examine the history of the …
Book Review: Canadian Justice, Indigenous Injustice: The Gerald Stanley And Colten Boushie Case,
2023
Osgoode Hall Law School of York University
Book Review: Canadian Justice, Indigenous Injustice: The Gerald Stanley And Colten Boushie Case, F. Tim Knight
Librarian Publications & Presentations
No abstract provided.
2022-2023 Sovereignty In Oklahoma Indian Country,
2023
University of Oklahoma College of Law
2022-2023 Sovereignty In Oklahoma Indian Country, Darla Jackson
Other Faculty Publications
No abstract provided.
Walters V. Tribe, 23-Ap-06 (Blkft. Tr. Ct. App., June 27, 2023),
2023
University of Montana
Walters V. Tribe, 23-Ap-06 (Blkft. Tr. Ct. App., June 27, 2023), Blackfeet Appellate Court
Court Decisions
In the Blackfeet Tribal Court of Appeals, the Court affirmed a denial of a Writ of Habeas Corpus. The Court reasoned that the appellant was released numerous times to seek treatment, but failed to do so, released for medical issues but failed to comply, and failed to previously return to the Blackfeet Correction’s Center and charged with disobeying a court order. The Appellant has made multiple demonstrations that he will not comply with conditions set by the Court, therefore, Appeal denied.
Are We Atoning For Our Past Or Creating More Problems: How Covid-19 Legislative Relief Laws Are Shaping The Identities Of Indigenous Populations In North America,
2023
University of Miami School of Law
Are We Atoning For Our Past Or Creating More Problems: How Covid-19 Legislative Relief Laws Are Shaping The Identities Of Indigenous Populations In North America, Samuel Kramer
University of Miami Inter-American Law Review
This student’s note will attempt to answer three questions: 1) How Canadian and American legal precedent affects the modern identity of Indigenous Populations? 2) How COVID-19 legislative relief continues to shape indigenous identities? and 3) Can a comparative study teach legislators about enacting legislation that withstands shifts in political climates?
The Borders Of Responsibility, The Democratic Intellect, And Other Elephants In The Room,
2023
Dalhousie University Schulich School of Law
The Borders Of Responsibility, The Democratic Intellect, And Other Elephants In The Room, Liam Mchugh-Russell
Dalhousie Law Journal
What can André Zucca’s photos, taken during the Nazi occupation of Paris, tell us about the law to come or the challenges it will pose to lawyers, legal scholars and legal educators? In short: Zucca’s photos serve not just as a cipher for a past in need of reckoning but as a caution about abiding a present in which crisis is always just out of frame. In the throes of slow-motion apocalypse, what should an intellectual be? And for whom? In 80 years, when someone is rifling through an attic shoebox of our history, will we appear like the subjects …
Baby Girl,
2023
Humboldt Cal Poly, Northwestern California University
