Indigenous, Indian, and Aboriginal Law Commons^™

Women In Shareholder Activism, Sarah C. Haan

Seattle University Law Review

Even a cursory review of the history of American environmental, social, and corporate governance (ESG) shareholder activism reveals the presence of women leaders. This Article sketches some of this history and interrogates the role of women in the shareholder activism movement. That movement typically has involved claims by minority shareholders to corporate power; activists are nearly always on the margins of power, though minority shareholders may, collectively, represent a majority interest. This Article ascribes women’s leadership in shareholder activism to their longstanding position as outsiders to corporate organization. Women’s participation in shaping corporate policy—even from the margins—has provided women with …

#Metoo And The Corporation In Popular Culture, Brenda Cossman

Seattle University Law Review

#MeToo’s initial virtual explosion in the fall of 2017 was very much about Hollywood, with famous actresses speaking out against famous producers, media moguls and celebrities, exposing the ubiquity of sexual harassment and sexual violence in and around the entertainment industry. Since then, #MeToo has made its way into Hollywood representations without much irony. Films and television shows have explicitly taken up the #MeToo themes, exploring issues of sexual harassment and violence and its afterlives. Many television shows, from the relaunched version of Murphy Brown to Brooklyn Nine-Nine to The Good Fight have incorporated #MeToo themes into episodes exploring the …

Woke Capital Revisited, Jennifer S. Fan

Seattle University Law Review

Inclusive corporate leadership is now at the forefront of discussions related to corporate governance. Two corporate theories help to explain the rise in prominence of diversity, equity, and inclusion (“DEI”) efforts in corporate leadership. First, an expanded definition of corporate purpose which elevated the idea of the importance of stakeholders, contributed to the momentum from business and legal quarters for broader corporate inclusion. Second, the increasing publicness of corporations—the social expectation of how large, typically public corporations should act given their position of power—also led to corporations becoming more active in the DEI space. It is against this backdrop that …

Army Commander’S Role—The Judge, Jury, & Prosecutor For The Article 15, Anthony Godwin

Seattle University Law Review

Service members in the armed forces are bound by a different set of rules when compared to other U.S. citizens. Some of the normal safeguards and protections that civilians enjoy are much more restrictive for military service members, and this is generally for a good reason. Such restrictions are partly due to the complex demands and needs of the United States military. Congress and the President have entrusted military commanders with special powers that enable them to handle minor violations of law without needing to go through a full judicial proceeding. Non-judicial punishments (NJP), also known as Article 15s, are …

A Synthesis Of The Science And Law Relating To Eyewitness Misidentifications And Recommendations For How Police And Courts Can Reduce Wrongful Convictions Based On Them, Henry F. Fradella

Seattle University Law Review

The empirical literature on perception and memory consistently demonstrates the pitfalls of eyewitness identifications. Exoneration data lend external validity to these studies. With the goal of informing law enforcement officers, prosecutors, criminal defense attorneys, judges, and judicial law clerks about what they can do to reduce wrongful convictions based on misidentifications, this Article presents a synthesis of the scientific knowledge relevant to how perception and memory affect the (un)reliability of eyewitness identifications. The Article situates that body of knowledge within the context of leading case law. The Article then summarizes the most current recommendations for how law enforcement personnel should—and …

Sacrificing Sovereignty: How Tribal-State Tax Compacts Impact Economic Development In Indian Country, Pippa Browde

Faculty Law Review Articles

Economic development is a critical component of tribal sovereignty. When a state asserts taxing authority within Indian Country, there is potential for overlapping, or juridical, taxation over the same transaction. Actual or even potential juridical taxation threatens economic development opportunities for tribes. For many years, tribes and states have entered into intergovernmental agreements called tax compacts to reduce or eliminate juridical taxation. Existing literature has done little more than mention tax compacts with cursory cost-benefit analyses of the agreements. This is the first Article to critically examine the role tax compacts serve in promoting tribes’ economic development.

This Article analyzes …

The Unfulfilled Promise Of Indian Water Rights Settlements, Heather Tanana, Elisabeth Paxton Parker

Utah Law Faculty Scholarship

As climate change threatens an already-scarce resource, quantifying tribal water rights is critical to providing additional certainty to an uncertain future. In order to protect the future of their communities, it is critical that tribal water rights move from merely theoretical paper rights to actualized wet water rights.

Examining Comity And The Exhaustion Doctrine In Tribal Court Civil Jurisdiction: The Cherokee Nation’S Opioid Litigation, Joëlle Klein

Washington Law Review

The opioid epidemic has devastated communities throughout the United States over the last two decades. Native American and Alaska Native tribes faced disproportionate impacts and suffered the long-lasting consequences that opioid addiction causes families and communities. In response, states and municipalities across the United States sued the distributors and pharmacies responsible for illegally diverting opioids. In April of 2017, the Attorney General for the Cherokee Nation, Todd Hembree, initiated a civil suit against opioid pharmaceutical distributors and retailers: CVS, Walgreens, Wal-Mart (pharmacies), and McKesson, Cardinal Health, and AmerisourceBergen (distributors). Although other tribes in the United States also brought claims against …

Climate Change And Indigenous Groups: The Rise Of Indigenous Voices In Climate Litigation, Maria Antonia Tigre

Sabin Center for Climate Change Law

Climate change’s pervasive human rights impacts on populations worldwide are widespread and now widely known. One avenue to address these human rights impacts is the growth of rights-based climate litigation. There are now hundreds of cases worldwide grounded on human rights claims. However, less attention has been brought to how vulnerable groups are disproportionally affected by climate change. Indigenous groups, in particular, are disproportionately affected by climate change due to their connection to their land and dependence on their ecosystems. To increase global attention and seek legal remedies to address how Indigenous communities are impacted by climate change, Indigenous groups …

Release The River: Recognizing Legal Rights For Natural Objects To Remedy Continuing Issues In American Environmental Law, Eamon Danieu

Buffalo Law Review

No abstract provided.

Textualism And The Indian Canons Of Statutory Construction, Alex Tallchief Skibine

University of Michigan Journal of Law Reform

When interpreting statutes enacted for the benefit or regulation of Indians or construing treaties signed with Indian nations, courts are supposed to apply any of five specific canons of construction relating to Indian Affairs. Through examining the modern line of Supreme Court cases involving statutory or treaty interpretation relating to Indian nations, this Article demonstrates that the Court has generally been faithful in applying canons relating to treaty interpretation or abrogation. The Court has also respected the canon requiring unequivocal expression of congressional intent before finding an abrogation of tribal sovereign immunity. However, there are two other canons that the …

Facing New Mexico's 21st Century Water Challenges; A Report Of The New Mexico Water Policy And Infrastructure Task Force, New Mexico Water And Infrastructure Task Force N/A

Publications

No abstract provided.

Indigenous Peoples In Canada: A Bibliography Of Legal And Other Works To 1994, Kristen Clark, Leslie Haddock, Kent Mcneil

All Papers

No abstract provided.

A Jurisprudential Quilt Of Tribal Civil Jurisdiction: An Analysis Of Tribal Court Approaches To Determining Civil Adjudicatory Jurisdiction, Jacob Maiman-Stadtmauer

American Indian Law Journal

There are hundreds of Native American Tribes with their own judicial systems and courts. Under the test first established in Montana v. United States, the Supreme Court of the United States has provided a single, nebulous standard for determining the limits of tribal courts’ jurisdiction over non-Indians. Scholars and federal jurists have long assumed that the Supreme Court's framework limiting tribal civil jurisdiction is essential to how tribal courts determine jurisdiction. This paper challenges that assumption. Through a first of its kind survey of tribal court decisions on civil jurisdiction, spanning 26 tribes and covering 71 decisions, this paper …

The Digital Isolation Of Indigenous Communities, Myranda Buiquy

American Indian Law Journal

The crude mistreatment of the tribes across America has continued to undermine Indigenous wealth and empowerment, leaving many Native people without proper housing, education, running water, healthcare, and telecommunications services. Tribes are forced to advocate for themselves to the federal government, instead of receiving support and compensation for generations of colossal exploitation.The federal government continues to breach their responsibility in protecting tribal treaty rights and must assume responsibility in closing an economic divide that has only worsened due to the pandemic.

Indigenous communities continue to endure disadvantaged living conditions, leaving their people without adequate resources. In addition, this vulnerable demographic …

Education Administration In Federal Indian Law: Learning From A Colonial Project Turned Tool Of Liberation, Ariel Liberman, Douglas L. Waters Jr.

American Indian Law Journal

While statistics tend to focus on the difficulties facing tribal education, this article endeavors to look at the matter with fresh eyes. The federal administrative paradigm governing tribal schools has gone from a tool of cultural genocide to a mechanism for empowerment. A survey of recent governmental reforms demonstrates an embrace of the diversity of Indigenous communities, an interest in empowering students through learning, and an acknowledgement of a history of active disenfranchisement. This is ever-evolving federal-tribal relationship shows the administrative state’s capacity for dealing with greatly nuanced community needs and for tailor-making reforms to achieve concrete goals, even if …

Native America: Universities As Quasi-Cities, Sovereignty And The Power To Name, Victoria Sutton

American Indian Law Journal

Universities as quasi-cities have an obligation to reflect on their educational mission, and public universities have a responsibility to Native America through the unique federal trust responsibility owed to Native Nations by the federal government. The naming of buildings and transitioning to responsible adulthood requires universities, administrators, and students to reflect on who we were, who we are now, and whom we hope to be. Collaborative efforts to work with Native Nations should be undertaken with regard to naming issues.

Sovereigns possess power to control historical narratives and outcomes through their sovereign power to (1) name geographical places; (2) protect …

Running Crane, Et. Al. V. Parsons, 19-Ap-13 (Blkft Tr. Ct. App., Nov. 17, 2022), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court clarified that when the Court, in review of an appellate case, directs parties to submit a detailed summary of the status of the case, within a limited time period, and the partied do not provide that status update, the Court will dismiss that case, without prejudice.

Science, Technology, Engineering, And Mathematics (Stem) Project-Based Learning (Pbl) Education: A New Mexico Case Study For Equity And Inclusion, Kimberly A. Scheerer

Teacher Education, Educational Leadership & Policy ETDs

This research addresses how student participation in Science, Technology, Engineering, and Mathematics (STEM) project-based learning (PBL) education activities encourages underrepresented minority student achievement in STEM career field trajectories. Seven New Mexico high school counselors and 12 STEM organization personnel were interviewed during this study. Their responses represent the nuanced professional voices where New Mexico public education intersects with STEM student interest and cultural influence.

For students, STEM PBL can foster deep integration across educational disciplines and enhance STEM career trajectory interest and readiness. STEM education converged with PBL methodologies has the ability to leverage community support while broadening student networks. …

Wise Practices: Indigenous-Settler Relations In Laurentian Great Lakes Fishery Governance And Water Protection, Kate J. Mussett, Susan Bell Chiblow, Deborah Mcgregor, Rod Whitlow, Ryan Lauzon, Kaitlin Almack, Nicholas Boucher, Alexander T. Duncan, Andrea J. Reid

Articles & Book Chapters

Ongoing tensions between Indigenous and non-Indigenous communities working in support of the protection and management of fish and water in North America have necessitated a shift from current structures towards relationships built upon and driven by respect, relevance, reciprocity, and responsibility. Similarly, the cumulative and evolving effects of climate change, industrialization, resource extraction, and displacement of Indigenous Peoples from their traditional and contemporary lands and waters requires purposeful application of decolonizing methods in aquatic systems management and protection, which in turn aids in the re-establishment of agency to Indigenous Peoples. This article endeavors to outline critical differences in ‘best …