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Indigenous, Indian, and Aboriginal Law Commons™

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All Articles in Indigenous, Indian, and Aboriginal Law

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13,883 full-text articles. Page 44 of 125.

Rennard Strickland: Legal Historian And Leader, Charles Wilkinson 2022 University of Oklahoma College of Law

Rennard Strickland: Legal Historian And Leader, Charles Wilkinson

American Indian Law Review

No abstract provided.


Rennard Strickland Helped Shape A Young Law School, Sheila Simon 2022 University of Oklahoma College of Law

Rennard Strickland Helped Shape A Young Law School, Sheila Simon

American Indian Law Review

No abstract provided.


Rennard Strickland – A Remembrance, Lawrence K. Hellman 2022 University of Oklahoma College of Law

Rennard Strickland – A Remembrance, Lawrence K. Hellman

American Indian Law Review

No abstract provided.


Strickland And The Fred Jones Jr. Museum Of Art, Hadley Jerman, PhD 2022 University of Oklahoma College of Law

Strickland And The Fred Jones Jr. Museum Of Art, Hadley Jerman, Phd

American Indian Law Review

No abstract provided.


Rennard Strickland: A Legacy Of Generosity, Darla W. Jackson 2022 University of Oklahoma College of Law

Rennard Strickland: A Legacy Of Generosity, Darla W. Jackson

American Indian Law Review

No abstract provided.


Professor Strickland, Joseph Harroz, Jr. 2022 University of Oklahoma College of Law

Professor Strickland, Joseph Harroz, Jr.

American Indian Law Review

No abstract provided.


Rennard Strickland: Living Without Notes, Katheleen Guzman 2022 University of Oklahoma College of Law

Rennard Strickland: Living Without Notes, Katheleen Guzman

American Indian Law Review

No abstract provided.


Biography: C. Steven Hager, 2022 University of Oklahoma College of Law

Biography: C. Steven Hager

American Indian Law Review

No abstract provided.


Reprint: The Rule Of Law: Mcgirt V. Oklahoma And The Recognition Of The Muscogee (Creek) Reservation, C. Steven Hager 2022 University of Oklahoma College of Law

Reprint: The Rule Of Law: Mcgirt V. Oklahoma And The Recognition Of The Muscogee (Creek) Reservation, C. Steven Hager

American Indian Law Review

No abstract provided.


Tributes To Steve Hager, Kace Rodwell, Michael Colbert Smith, Stephanie Hudson 2022 University of Oklahoma College of Law

Tributes To Steve Hager, Kace Rodwell, Michael Colbert Smith, Stephanie Hudson

American Indian Law Review

No abstract provided.


Professionalism In Tribal Jurisdictions, Matthew L.M. Fletcher 2022 Michigan School of Law

Professionalism In Tribal Jurisdictions, Matthew L.M. Fletcher

Articles

American Indian law is an important area of law. There are 12 federally recognized Indian tribes in the state of Michigan.1 Indian tribes throughout the United States do business in Michigan. Indian tribal governments and corporations employ hundreds of thousands of non-Indians and received billions in federal pandemic relief. Indian gaming generated nearly $40 billion in revenues nationally last year. Still, many lawyers ignore the field or claim ignorance about the basic precepts of federal Indian law.

This article will canvass several themes of professionalism in tribal practice, drawing from this author’s tribal law experience over the last few decades. …


Testimony Before The Commission On Native Children, Matthew L.M. Fletcher 2022 Michigan School of Law

Testimony Before The Commission On Native Children, Matthew L.M. Fletcher

Other Publications

This letter and powerpoint were prepared at the request of the Alyce Spotted Bear and Walter Soboleff Commission on Native Children in advance of a hearing on jurisdictional issues related to the Indian Child Welfare Act. I make several recommendations:

The Commission should recommend that Congress amend ICWA to provide for effective enforcement mechanisms. Those amendments could include (1) the establishment of express rights to bring interlocutory appellate court actions at more key points in state court child welfare matters, (2) the availability of attorney fees awards for Indian parents and Indian tribes in the event that a state or …


Bridges To A New Era Part 2: A Report On The Past, Present, And Potential Future Of Tribal Co-Management On Federal Lands In Alaska, Monte Mills, Martin Nie 2022 University of Washington School of Law

Bridges To A New Era Part 2: A Report On The Past, Present, And Potential Future Of Tribal Co-Management On Federal Lands In Alaska, Monte Mills, Martin Nie

Articles

Nowhere else in the United States are tribal connections and reliance on federal public lands as deep and geographically broad-based as in what is now Alaska. The number of Tribes—229 federally recognized tribes—and the scope of the public land resource—nearly 223 million acres—are simply unparalleled. Across that massive landscape, federal public lands and the subsistence uses they provide remain, as they have been since time immemorial, “essential to Native physical, economic, traditional, and cultural existence.”[1] Alas, the institutions, systems, and processes responsible for managing those lands, protecting those uses, and honoring those connections are failing Alaska Native Tribes.

The …


Returning Home And Restoring Trust: A Legal Framework For Federally Non- Recognized Tribal Nations To Acquire Ancestral Lands In Fee Simple, Taino J. Palermo 2022 Candidate for Juris Doctor, Roger Williams University School of Law

Returning Home And Restoring Trust: A Legal Framework For Federally Non- Recognized Tribal Nations To Acquire Ancestral Lands In Fee Simple, Taino J. Palermo

Roger Williams University Law Review

No abstract provided.


Resisting Indigenous Erasure In Rhode Island: The Need For Compulsory Native American History In Rhode Island Schools, Whitney Saunders 2022 Candidate for Juris Doctor, Roger Williams University School of Law

Resisting Indigenous Erasure In Rhode Island: The Need For Compulsory Native American History In Rhode Island Schools, Whitney Saunders

Roger Williams University Law Review

No abstract provided.


Legal Issues In Tribal E-Commerce, Adam Crepelle 2022 George Mason University, Antonin Scalia Law School

Legal Issues In Tribal E-Commerce, Adam Crepelle

American University Business Law Review

No abstract provided.


Affirmed Or Delegated? Finding Inherent Tribal Civil Power To Issue Protection Orders Against All Persons In Light Of Spurr V. Pope, Kelly Gaines Stoner, Cherokee ancestry, Lauren Van Schilfgaarde, Cochiti Pueblo 2022 University of New Mexico

Affirmed Or Delegated? Finding Inherent Tribal Civil Power To Issue Protection Orders Against All Persons In Light Of Spurr V. Pope, Kelly Gaines Stoner, Cherokee Ancestry, Lauren Van Schilfgaarde, Cochiti Pueblo

Tribal Law Journal

Federal courts have wreaked havoc on tribal jurisdiction by injecting incertitude over their most basic authority, including the authority to issue and enforce civil protection orders. This jurisdictional incertitude causes not just legal disruption, but also further compromises the safety of Native people who are disproportionately victimized, especially by gender-based forms of violence. While Congress has been slow to remedy the onslaught of judicial limitations on tribal jurisdiction, Congress has at least remedied tribal authority to issue and enforce protection orders in 18 U.S.C. § 2265(e). However, even in this remedy, jurisdictional incertitude remains.


Renard Strickland: A Legacy Of Generosity, Darla Jackson 2022 University of Oklahoma College of Law

Renard Strickland: A Legacy Of Generosity, Darla Jackson

Faculty Articles

No abstract provided.


Land, Legacy, And Law: Amending Cercla To Account For Environmental Contamination Of Tribal Cultural Resources, Alexander Toke 2022 Benjamin N. Cardozo School of Law

Land, Legacy, And Law: Amending Cercla To Account For Environmental Contamination Of Tribal Cultural Resources, Alexander Toke

Cardozo Journal of Equal Rights & Social Justice

The note advocates for amending the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to enable Native American Tribes to recover damages for injuries to cultural resources. It argues that Tribal lands are disproportionately affected by environmental contamination and that current legal frameworks fail to address the unique cultural and spiritual significance of these resources.


Taking Stock: Open Questions And Unfinished Business Under The Vawa Amendments To The Indian Civil Rights Act, Jordan Gross 2022 Alexander Blewett III School of Law at the University of Montana

Taking Stock: Open Questions And Unfinished Business Under The Vawa Amendments To The Indian Civil Rights Act, Jordan Gross

Faculty Law Review Articles

The primary statutory tool for federal regulation of Tribal court criminal procedure is the Indian Civil Rights Act of 1968 (ICRA). ICRA replicated most of the procedural protections in the Bill of Rights applicable to the States, as then interpreted by the Supreme Court. ICRA also sets out procedures Tribes must extend to criminal defendants in their courts, caps their sentencing authority, and defines their criminal jurisdiction.

Some parts of Indian country are the most dangerous places in the United States today, particularly for indigenous women and girls. They are exposed to a higher level of personal violence than any …


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