Permanent Homelands Through Treaties With The United States: Restoring Faith In The Tribal Nation-U.S. Relationship In Light Of The Mcgirt Decision,
2021
Mitchell Hamline School of Law
Permanent Homelands Through Treaties With The United States: Restoring Faith In The Tribal Nation-U.S. Relationship In Light Of The Mcgirt Decision, Angelique Eaglewoman
Mitchell Hamline Law Review
No abstract provided.
"It Is Not Necessary For Eagles To Be Crows": Book Review,
2021
University of South Dakota School of Law
"It Is Not Necessary For Eagles To Be Crows": Book Review, Neil Fulton
Faculty Publications
No abstract provided.
Assimilation, Removal, Discipline, And Confinement: Native Girls And Government Intervention,
2021
University of Nevada, Las Vegas -- William S. Boyd School of Law
Assimilation, Removal, Discipline, And Confinement: Native Girls And Government Intervention, Addie C. Rolnick
Scholarly Works
A full understanding of the roots of child separation must begin with Native children. This Article demonstrates how modern child welfare, delinquency, and education systems are rooted in the social control of indigenous children. It examines the experiences of Native girls in federal and state systems from the late 1800s to the mid-1900s to show that, despite their ostensibly benevolent and separate purposes, these institutions were indistinguishable and interchangeable. They were simply differently styled mechanisms of forced assimilation, removal, discipline, and confinement. As the repeating nature of government intervention into the lives of Native children makes clear, renaming a system …
Extracting Indigenous Jurisdiction On Private Land: The Duty To Consult And Indigenous Relations With Place In Canadian Law,
2021
Osgoode Hall Law School of York University
Extracting Indigenous Jurisdiction On Private Land: The Duty To Consult And Indigenous Relations With Place In Canadian Law, Estair Van Wagner
Articles & Book Chapters
Indigenous relations with land are grounded in place-based legal orders which have been regulating the territories now making up Canada for millennia (Borrows 2010, 2018; McGregor 2010). Judicial consideration of Indigenous relations with place has focused on the duty to consult and accommodate with respect to ‘Crown land’ – lands for which federal and provincial governments are the deemed owners. This emphasis on Crown lands is logical – 89 per cent of land in Canada is held by either the federal or provincial Crown (Neimanis 2013). Indigenous claims often expressly exclude private land, wary of courts’ willingness to unsettle third-party …
Notes From The Periphery: Finding More Than (Non)Ownership In Property Law?,
2021
Osgoode Hall Law School of York University
Notes From The Periphery: Finding More Than (Non)Ownership In Property Law?, Estair Van Wagner
Articles & Book Chapters
Property law structures the way we make decisions about how we live together and with the world around us. In doing so, it shapes, but is also shaped by, our relationships with the places we inhabit and encounter. Traditionally, non-owners are defined by their distance and exclusion from the primary legal relationship and their lack of enforceable interests. Yet, land use conflicts continue to arise because people routinely assert relationships with land and resources that they are not formally recognised as owning but with which they are deeply entangled. This chapter touches briefly on three examples: the relations of Indigenous …
Table Of Contents,
2021
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Mcgirt Policy Briefs: Cultural Resources,
2021
Alexander Blewett III School of Law at the University of Montana
Mcgirt Policy Briefs: Cultural Resources, Monte Mills
Faculty Journal Articles & Other Writings
On July 9, 2020, the United States Supreme Court issued its decision in McGirt v. Oklahoma. Although the only actual effect of that decision was on Mr. McGirt’s state court criminal conviction, rendering it invalid in light of the continuing existence of the Muscogee (Creek) Nation’s reservation, the implications of McGirt reverberated throughout Oklahoma and the nation. By rejecting Oklahoma’s arguments that the march to statehood had resulted in the implicit disestablishment of the Creek’s reservation (and, by analogy, those of the neighboring and similarly situated Cherokee, Chickasaw, Choctaw, and Seminole Nations), Justice Gorsuch’s opinion on behalf of the Court’s …
Indigenous Peoples And Diplomacy On The World Stage,
2021
University of Colorado Law School
Indigenous Peoples And Diplomacy On The World Stage, Kristen Carpenter, Alexey Tsykarev
Publications
No abstract provided.
Non-Indian Reservations,
2021
University of Montana, Missoula
Non-Indian Reservations, Joshua Matthew Rosenau
Graduate Student Theses, Dissertations, & Professional Papers
This thesis is a skeptical treatment of the logical distinctions presumed to exist between “Indian” and “non-Indian” people. Despite representing 99 percent of the U.S. population, “non-Indians” represent a legal identity which has no explicit definition. The basis for the U.S. Supreme Court’s decisions regarding non-Indians and Indians rests not on any objective, empirical or logical criterion or proof, but rather on the “assumption of a ‘guardian-ward’ status. This thesis investigates this assumption, and recommends that we suspend judgment on whether the difference between “Indians” and “non-Indians” can be determined either by logical argument or by legal assumption.
Santa Clara Pueblo V. Martinez In The Evolution Of Federal Law,
2021
University of Colorado School of Law
Santa Clara Pueblo V. Martinez In The Evolution Of Federal Law, Richard B. Collins
Tribal Law Journal
Few Indian law decisions have evoked as much scholarly attention as Santa Clara Pueblo.1 Shepard's pulls up over 1000 law review references, and Google reports almost 3,000,000 hits.2 It is a major case in all Indian law treatises and casebooks and is important in several other books.3 Most analyze the decision as an event and focus on its principal holding, denying a federal cause of action for civil enforcement of the Indian Civil Rights Act.4 Policy discussions parse tribal sovereignty and discrimination against women.
The Use Of Mediation To Resolve Conflicts Arising From Cultural Appropriation By Western Fashion Brands,
2021
Benjamin N. Cardozo School of Law
The Use Of Mediation To Resolve Conflicts Arising From Cultural Appropriation By Western Fashion Brands, Faith Adongo
Cardozo Journal of Conflict Resolution
The Cambridge Dictionary defines cultural appropriation as "the act of taking or using things from a culture that is not your own, especially without showing that you understand or respect this culture." It is sometimes referred to as cultural misappropriation, and also defined as taking intellectual property, traditional knowledge, cultural expressions, or artifacts from a culture other than one's own, without permission. Supporters of cultural appropriation see it as the only realistic way of developing, spreading and integrating cultures, while critics see it as a means through which dominant cultures "borrow" from the cultures of minority groups.
2021 In Oklahoma Indian Country: Providing Context,
2021
University of Oklahoma College of Law
2021 In Oklahoma Indian Country: Providing Context, Darla Jackson
Other Faculty Publications
No abstract provided.
Rennard Leaves Us Words Of Thunder,
2021
St. Mary's University School of Law
Rennard Leaves Us Words Of Thunder, Bill Piatt
Faculty Articles
Rennard Strickland was a quiet, modest, genial man who made many contributions to legal education over the span of his career. Among his most important gifts are the words he wrote and spoke which alerted us to the extent that the legal system contributed to the genocide of Indigenous America.
The Quotidian And Constitutive Practice Of Police Brutality Against Indigenous People,
2021
Dalhousie University Schulich School of Law
The Quotidian And Constitutive Practice Of Police Brutality Against Indigenous People, Elaine Craig
Articles, Book Chapters, & Popular Press
In Settler Colonialism, Policing and Racial Terror: The Police Shooting of Loreal Tsingine Sherene Razack gives voice to the settler colonial violence perpetrated against Loreal Tsingine, a 27-year-old Navajo women who was shot and killed by Austin Shipley. Shipley, a white male police officer, claimed he was trying to apprehend her for alleged shoplifting. The article, which is brilliantly and compellingly written (as is typical of all of Professor Razack’s work) makes several claims. Most centrally, however, she asserts that racial terror – a violence done at both structural and individual levels – is at the very heart of the …
Rethinking Protections For Indigenous Sacred Sites,
2021
Notre Dame Law School
Rethinking Protections For Indigenous Sacred Sites, Stephanie H. Barclay, Michalyn Steele
Journal Articles
Meaningful access to sacred sites is among the most important principles to the religious exercise of Indigenous peoples, yet tribes have been repeatedly thwarted by the federal government in their efforts to vindicate this practice of their religion. The colonial, state, and federal governments of this Nation have been desecrating and destroying Native American sacred sites since before the Republic was formed. Unfortunately, the callous destruction of Indigenous sacred sites is not just a troubling relic of the past. Rather, the threat to sacred sites and cultural resources continues today in the form of spoliation from development, as well as …
Front Pages,
2021
University of Oklahoma College of Law
The Secretary Of The Interior Has The Authority To Take Land Into Trust For Federally Recognized Alaska Tribes,
2021
University of Oklahoma College of Law
The Secretary Of The Interior Has The Authority To Take Land Into Trust For Federally Recognized Alaska Tribes, Meghan O’Connor
American Indian Law Review
No abstract provided.
Icwa’S Irony,
2021
University of Oklahoma College of Law
“The Desert Is Our Home”,
2021
University of Oklahoma College of Law
“The Desert Is Our Home”, Kayla Molina
American Indian Law Review
No abstract provided.
Coeur D’Alene Tribe V. Hawks: Why Federal Courts Have The Power To Recognize And Enforce Tribal Court Judgments Against Nonmembers “Because Of The Federal Government’S Unique Relationship With Indian Tribes”,
2021
University of Oklahoma College of Law
Coeur D’Alene Tribe V. Hawks: Why Federal Courts Have The Power To Recognize And Enforce Tribal Court Judgments Against Nonmembers “Because Of The Federal Government’S Unique Relationship With Indian Tribes”, Heath Albert
American Indian Law Review
No abstract provided.
