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Indigenous, Indian, and Aboriginal Law Commons™

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Case Note: Federal Indian Law – Tribal Criminal Jurisdiction – Indian Civil Rights Act – Tribal Sovereignty – United States V. Cooley, Sarah A. Sadlier, Mnikȟówožu Lakȟóta 2022 University of New Mexico

Case Note: Federal Indian Law – Tribal Criminal Jurisdiction – Indian Civil Rights Act – Tribal Sovereignty – United States V. Cooley, Sarah A. Sadlier, Mnikȟówožu Lakȟóta

Tribal Law Journal

In United States v. Cooley, a Ninth Circuit panel denied a petition for rehearing en banc, holding that a tribal officer, who was not cross-deputized, could neither search nor detain a non-Indian on a federal or state highway right-of-way through the reservation unless that individual had committed an “apparent” crime in the officer’s presence. Narrowly defining tribal police authority, the panel ruled that the officer conducted an extra-jurisdictional search and seizure. In arriving at this conclusion, the panel refused to recognize that the Tribe’s sovereignty affords its law enforcement agencies the authority to investigate those who imperil public order on …


Bad Men Among The Whites Claims In The Mni Wiconi Age, Julie Combs, Cherokee Nation 2022 University of New Mexico

Bad Men Among The Whites Claims In The Mni Wiconi Age, Julie Combs, Cherokee Nation

Tribal Law Journal

In a series of nine treaties with Native Nations in the late 1860s, the United States promised to reimburse Indigenous people for wrongs committed by “bad men among the whites, or among other people subject to the authority of the United States.” In the century and half that followed the signing of these nine treaties, “bad men among the whites” claims have been litigated in the Federal Circuit with some success by Indigenous plaintiffs, and courts have shaped the meaning of the clause and the remedies a successful plaintiff may receive. This comment explores the Bad Men clause in the …


Dedication To Professor Christine Zuni Cruz, Tribal Law Journal 2022 University of New Mexico - School of Law

Dedication To Professor Christine Zuni Cruz, Tribal Law Journal

Tribal Law Journal

No abstract provided.


Protecting Tribal Public Health From Climate Change Impacts, Heather Tanana 2022 S.J. Quinney College of Law, University of Utah

Protecting Tribal Public Health From Climate Change Impacts, Heather Tanana

Utah Law Faculty Scholarship

The COVID-19 pandemic brought national attention to challenges that tribal communities have been facing for decades, such as limited health services and lack of water access. Although the end to the pandemic seems to be in sight, climate change will continue to threaten the public health and survival of tribal communities. Since time immemorial, Native Americans have recognized the sanctity of water. Water is life. However, climate change impacts are shifting the landscape across the country and many tribes lack the necessary infrastructure to protect their communities. For example, located in the Southwest, approximately 30-40 percent of homes on the …


Study On The Implementation Of Indigenous Rights Based Fisheries, Constance MacIntosh 2022 Schulich School of Law, Dalhousie University

Study On The Implementation Of Indigenous Rights Based Fisheries, Constance Macintosh

Reports & Public Policy Documents

Thank you once again for inviting me to speak with you on March 22, 2022. It was an honour. I really appreciated the questions that members posed, and the dialogue. As per your request, I am providing my core recommendations for you to consider as you develop your report on implementing the Indigenous rights-based fishery.


A Human Rights Approach To Cultural Property: Repatriating The Yaqui Maaso Kova, Kristen A. Carpenter 2022 University of Colorado Law School

A Human Rights Approach To Cultural Property: Repatriating The Yaqui Maaso Kova, Kristen A. Carpenter

Publications

No abstract provided.


Front Pages, 2022 University of Oklahoma College of Law

Front Pages

American Indian Law Review

No abstract provided.


Belated Justice: The Failures And Promise Of The Hawaiian Homes Commission Act, Troy J.H. Andrade 2022 University of Oklahoma College of Law

Belated Justice: The Failures And Promise Of The Hawaiian Homes Commission Act, Troy J.H. Andrade

American Indian Law Review

No abstract provided.


Learning From Hobby Lobby’S Misdeeds: Crafting New International Due Diligence Standards For Human Rights And Cultural Heritage, Taryn Chubb 2022 University of Oklahoma College of Law

Learning From Hobby Lobby’S Misdeeds: Crafting New International Due Diligence Standards For Human Rights And Cultural Heritage, Taryn Chubb

American Indian Law Review

No abstract provided.


Missing And Murdered: Finding A Solution To Address The Epidemic Of Missing And Murdered Indigenous Women In Canada And Classifying It As A “Canadian Genocide”, Melanie McGruder 2022 University of Oklahoma College of Law

Missing And Murdered: Finding A Solution To Address The Epidemic Of Missing And Murdered Indigenous Women In Canada And Classifying It As A “Canadian Genocide”, Melanie Mcgruder

American Indian Law Review

No abstract provided.


The Mess That Has Become Indian Gaming In Oklahoma, Lucas Meacham 2022 University of Oklahoma College of Law

The Mess That Has Become Indian Gaming In Oklahoma, Lucas Meacham

American Indian Law Review

No abstract provided.


A Case For Deference In American Indian Health Law, Ashley Murphy 2022 University of Oklahoma College of Law

A Case For Deference In American Indian Health Law, Ashley Murphy

American Indian Law Review

No abstract provided.


Meeting The Mcgirt Moment: The Five Tribes, Sovereignty & Criminal Jurisdiction In Oklahoma’S New Indian Country, Adam Goodrum 2022 University of Oklahoma College of Law

Meeting The Mcgirt Moment: The Five Tribes, Sovereignty & Criminal Jurisdiction In Oklahoma’S New Indian Country, Adam Goodrum

American Indian Law Review

No abstract provided.


Front Pages, 2022 University of Oklahoma College of Law

Front Pages

American Indian Law Review

No abstract provided.


Introductory Letter Of The Editorial Boards, 2022 University of Oklahoma College of Law

Introductory Letter Of The Editorial Boards

American Indian Law Review

No abstract provided.


Ounalsa Remembers Professors Strickland And Hager, Ryan Sailors 2022 University of Oklahoma College of Law

Ounalsa Remembers Professors Strickland And Hager, Ryan Sailors

American Indian Law Review

No abstract provided.


Biography: Rennard Strickland, 2022 University of Oklahoma College of Law

Biography: Rennard Strickland

American Indian Law Review

No abstract provided.


Reprint: American Indian Law And The Spirit World, Rennard Strickland 2022 University of Oklahoma College of Law

Reprint: American Indian Law And The Spirit World, Rennard Strickland

American Indian Law Review

No abstract provided.


Rennard Leaves Us Words Of Thunder, Bill Piatt 2022 University of Oklahoma College of Law

Rennard Leaves Us Words Of Thunder, Bill Piatt

American Indian Law Review

No abstract provided.


A Legacy That Sustains – Dean And Professor Rennard Strickland, Carole Goldberg 2022 University of Oklahoma College of Law

A Legacy That Sustains – Dean And Professor Rennard Strickland, Carole Goldberg

American Indian Law Review

No abstract provided.


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