Integrating Doctrine And Diversity Speaker Series: Integrating Content On American Indian Law And Indigenous Identities,
2022
Roger Williams University
Integrating Doctrine And Diversity Speaker Series: Integrating Content On American Indian Law And Indigenous Identities, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
The Youth Inferno: Two-Way Working On Ancestral Lands,
2022
CASSE, Melbourne, Australia
The Youth Inferno: Two-Way Working On Ancestral Lands, Pamela Nathan
New England Journal of Public Policy
In this article I present some of the work of Creating a Safe and Supportive Environment (CASSE) in Central Australia, Northern Territory, with the youth in the justice system, referring to our dual cultural and therapeutic program Shields for Living, Tools for Life. Psychoanalytic concepts and tools that have informed the work and transformed the trauma landscape are detailed. The work is at the epicenter of anger, concern, and politics in Central Australia and this epicenter has been named the “youth crisis.” It is a journey of feeling the heat, of being on a rollercoaster ride in a landscape of …
Ma'ii And Nanaboozhoo Fistfight In Heaven,
2022
US Department of Justice
Ma'ii And Nanaboozhoo Fistfight In Heaven, Tamera Begay, Matthew Fletcher
Articles
In the form of a cute, cuddly, and innocent waabooz, Nanaboozhoo munched on the chewy, bitter Tłohdá’ákáłiitsoh he found everywhere in this land, far from his own. Although, it was a bit dry. In this land, Dinétah, Nanaboozhoo thought he could see forever. There were few trees. The sky was bright blue and limitless. The air smelled like a kind of dirt he had never experienced. And, boy howdy, was it dry. He couldn’t smell water for the life of him. But there was water, to be sure, or else there wouldn’t be this bush.
Ley N° 26.160: Su Implementación Y Efectos En La Lucha Por La Recuperación Territorial Mapuche En Las Provincias De Neuquén Y Río Negro (2006 - Presente),
2022
SIT Study Abroad
Ley N° 26.160: Su Implementación Y Efectos En La Lucha Por La Recuperación Territorial Mapuche En Las Provincias De Neuquén Y Río Negro (2006 - Presente), Noura Lamb
Independent Study Project (ISP) Collection
En 2006, la Ley de Emergencia Indígena, Ley N° 26.160, fue aprobado por el Congreso de la Nación de Argentina para detener los desalojos de las comunidades indígenas y crear relevamientos técnicos-jurídicos-catastrales a través del Instituto Nacional de Asuntos Indígenas (INAI). La implementación de esta ley ha variado entre provincias ya que depende del sistema gobierno provincial para su realización, y como resultado de la falta de finalización del relevamiento, se ha extendido 4 veces. Este proyecto utiliza un análisis de documentos públicos, informes, medios de comunicación y entrevistas personales para investigar cómo la implementación de la ley difiere entre …
Off-Reservation Treaty Hunting Rights, The Restatement, And The Stevens Treaties,
2022
University of South Dakota Knudson School of Law
Off-Reservation Treaty Hunting Rights, The Restatement, And The Stevens Treaties, Ann E. Tweedy
Washington Law Review
The underdevelopment of the law of off-reservation treaty hunting and gathering poses challenges for treatises like the groundbreaking Restatement of the Law of American Indians (“Restatement”). With particular attention to sections 83 and 6 of the Restatement, this Article explores those challenges and offers some solutions for dealing with them in subsequent editions of the Restatement. Specifically, this Article explores the potential usefulness of historical law in interpreting treaties, the need to tie treaty interpretation to the language of the treaty when an explicit right is at issue, the proper application of the reserved rights doctrine and the Indian canons, …
Protection For Indian Sacred Sites,
2022
U.S. Court of Appeals for the Ninth Circuit
Protection For Indian Sacred Sites, William A. Fletcher
Washington Law Review
No abstract provided.
Bringing Congress And Indians Back Into Federal Indian Law: The Restatement Of The Law Of American Indians,
2022
Wayne State University Law School
Bringing Congress And Indians Back Into Federal Indian Law: The Restatement Of The Law Of American Indians, Kirsten Matoy Carlson
Washington Law Review
Congress and Native Nations have renegotiated the federal-tribal relationship in the past fifty years. The courts, however, have failed to keep up with Congress and recognize this modern federal-tribal relationship. As a result, scholars, judges, and practitioners often characterize federal Indian law as incoherent and inconsistent. This Article argues that the Restatement of the Law of American Indians retells federal Indian law to close the gap between statutory and decisional law. It realigns federal Indian law with the modern federal-tribal relationship negotiated between Congress and tribal governments. Consistent with almost a half-century of congressional law and policy, the Restatement clarifies …
Why Our Stories Matter: A Perspective On The Restatement From The State Bench,
2022
Supreme Court of Washington
Why Our Stories Matter: A Perspective On The Restatement From The State Bench, Raquel Montoya-Lewis
Washington Law Review
No abstract provided.
Tribal Sovereignty And Economic Efficiency Versus The Courts,
2022
Sandra Day O'Connor College of Law, Arizona State University
Tribal Sovereignty And Economic Efficiency Versus The Courts, Robert J. Miller
Washington Law Review
American Indian reservations are the poorest parts of the United States, and a higher percentage of Indian families across the country live below the poverty line than any other ethnic or racial sector. Indian nations and Indian peoples also suffer from the highest unemployment rates in the country and have the highest substandard housing rates. The vast majority of the over three hundred Indian reservations and the Alaska Native villages do not have functioning economies. This lack of economic activity starves tribal governments of the tax revenues that governments need to function. In response, Indian nations create and operate business …
A Conversation Piece About Implementing Inuit Legal Orders Into The Nunatsiavut Government's Inuit Court,
2022
Dalhousie University Schulich School of Law
A Conversation Piece About Implementing Inuit Legal Orders Into The Nunatsiavut Government's Inuit Court, Elizabeth Zarpa
LLM Theses
A majority of Inuit reside above the 55th parallel in 51 communities throughout Nunatsiavut, Nunavik, Nunavut and Inuvialuit. This area is Inuit Nunangat and each of these Inuit regions has their own modern treaty. The political and legal history of the evolution of these modern treaties is under-represented within educational institutions. Breathing life into and contextualizing this history is integral when revitalizing Inuit legal orders. There is space to implement Inuit legal orders into the governing structures throughout Inuit Nunangat. This thesis highlights that published and publicly accessible Inuit stories embodies law. Law from the stories is applicable to governance …
Reflections On The Restatement Of The Law Of American Indians,
2022
University of Washington School of Law
Reflections On The Restatement Of The Law Of American Indians, Matthew L.M. Fletcher
Washington Law Review
No abstract provided.
Law Library Blog (October 2022): Legal Beagle's Blog Archive,
2022
Roger Williams University
Law Library Blog (October 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Quasi-Property No More: "Human Heritage" As A New Legal Status For The Dead,
2022
University of South Carolina
Quasi-Property No More: "Human Heritage" As A New Legal Status For The Dead, Alida B. Soileau
South Carolina Law Review
No abstract provided.
The Ascension Of Indigenous Cultural Property Law,
2022
UCLA School of Law; Native Nations Law and Policy Center
The Ascension Of Indigenous Cultural Property Law, Angela R. Riley
Michigan Law Review
Indigenous Peoples across the world are calling on nation-states to “decolonize” laws, structures, and institutions that negatively impact them. Though the claims are broad based, there is a growing global emphasis on issues pertaining to Indigenous Peoples’ cultural property and the harms of cultural appropriation, with calls for redress increasingly framed in the language of human rights. Over the last decade, Native people have actively fought to defend their cultural property. The Navajo Nation sued Urban Outfitters to stop the sale of “Navajo panties,” the Quileute Tribe sought to enjoin Nordstrom’s marketing of “Quileute Chokers,” and the descendants of Tasunke …
Hamptons Aesthetics Vs. Shinnecock Rights: How The Federal Government Is Failing To Protect Indigenous Sovereignty From State Judicial Infringement,
2022
Benjamin N. Cardozo School of Law
Hamptons Aesthetics Vs. Shinnecock Rights: How The Federal Government Is Failing To Protect Indigenous Sovereignty From State Judicial Infringement, Lindsay M. Brocki
Cardozo Journal of Equal Rights & Social Justice
The note examines the conflict between the Shinnecock Nation's sovereignty and state interference, highlighting the federal government's failure to protect indigenous sovereignty. It uses the Shinnecock Nation's legal battle over billboards as a case study to argue for stronger federal protection against state encroachment.
2022-2023 Impact Series - Native American Indian / Alaskan Native Heritage Awareness Resource Guide,
2022
Lynn University
2022-2023 Impact Series - Native American Indian / Alaskan Native Heritage Awareness Resource Guide, Amy An
Impact Series Study Guides
Native American Indian / Alaskan Native Heritage Impact Series Resource Guide: A guide to Impact Series events and the topics of Native American Indian/ Alaskan Native Heritage Awareness.
Resurfacing Sovereignty: Who Regulates Surface Mining In Indian Country After Mcgirt?,
2022
University of Missouri
Resurfacing Sovereignty: Who Regulates Surface Mining In Indian Country After Mcgirt?, Robin M. Rotman, Sam J. Carter
Faculty Publications
This article examines disputes over surface mining jurisdiction on the Muscogee (Creek) Nation Reservation post-McGirt and the larger implications for sovereignty and environmental justice in Indian Country that follow. Part II summarizes the history of federal, state, and tribal relations and provides an analysis of the McGirt decision and its potential impacts on natural resource issues. Part III offers an examination of jurisdictional uncertainties post-McGirt through an in-depth discussion of the Surface Mining Control and Reclamation Act and the State of Oklahoma v. United States Department of the Interior case. Drawing from the examination of surface mining regulation, Part IV …
Cultural Resources, Conquest, And Courts: How State Court Approaches To Statutory Interpretation Diminish Indigenous Cultural Resources Protections In California, Hawai‘I, And Washington,
2022
University of Michigan Law School and Taubman College of Architecture and Urban Planning
Cultural Resources, Conquest, And Courts: How State Court Approaches To Statutory Interpretation Diminish Indigenous Cultural Resources Protections In California, Hawai‘I, And Washington, Lauren Ashley Week
Michigan Journal of Environmental & Administrative Law
Critical Race Theory identifies two of the United States’ original sins: slavery and conquest; yet, while the former is well known, the latter is simultaneously obvious and unknown, creating a disconnect between the history of violent conquest to the disparities that continue to afflict indigenous communities today. This lack of understanding and acknowledgement also permeates the federal courts—an issue extensively documented by Critical Race Theory and federal Indian law academics. Yet, limited scholarship has interrogated if and how state judicial systems may parallel the failures of federal benches. This Note examines the “hidden,” yet enduring impact of conquest by applying …
Issue Brief: Impact Assessment And Responsible Business Guidance Tools In The Extractive Sector: An Environmental Human Rights Toolbox For Government, Business, Civil Society & Indigenous Groups,
2022
Dalhousie University Schulich School of Law
Issue Brief: Impact Assessment And Responsible Business Guidance Tools In The Extractive Sector: An Environmental Human Rights Toolbox For Government, Business, Civil Society & Indigenous Groups, Sara L. Seck, Penelope Simmons, Charlotte Connolly
Responsible Business Conduct and Impact Assessment Law
This issue brief provides an overview of the impact assessment and responsible business conduct toolbox for the extractive sector. The toolbox provides guidance on how governments, businesses, civil society, and Indigenous groups may encourage and adopt a human rights approach to impact assessment (IA). It forms part of a broader research project aimed at highlighting the interrelationship between IA laws and Responsible Business Conduct (RBC) tools, funded by the Social Sciences & Humanities Research Council (SSHRC) Knowledge Synthesis Grant: Informing Best Practices in Environmental & Impact Assessments (the “KSG”).
Law, Labour And Landscape In A Just Transition,
2022
Osgoode Hall Law School of York University
Law, Labour And Landscape In A Just Transition, Adrian A. Smith, Dayna Nadine Scott
Articles & Book Chapters
Taking conflicts over new solar energy projects on the agricultural landscape in the global North as its backdrop, the chapter demonstrates how work and labour (including that performed in the North by workers from the global South) are erased both by the opponents and the proponents of such projects. The erasure is consistent with prevailing ways of knowing the human-environment nexus, shaped by an underlying political economy derivative of how international law has constructed and maintained the foundational liberal mythology that separates labour from land. Grounded in our commitment to pursuing a ‘just transition’ to decarbonisation – that is to …
